INVENTORY
OF EU LEGISLATION
WITH AN IMPACT ON
THE PERFORMING ARTS SECTOR
1
Editor:
Pearle* (Performing Arts Employers Associations League Europe)
Square Sainctelette 19/6, B-Brussels, info@pearle.ws, www.pearle.ws
Notice:
no part of this publication may be reproduced without clear reference to the source. For further information, please contact Pearle*.
Publisher:
Pearle* (Performing Arts Employers Associations League Europe)
Special thanks to:
the members of Pearle* for their support
the Flemish Community supporting Pearle as an international network organisation
© April 2011 – Pearle* (Performing Arts Employers Associations League Europe) - Brussels
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INDEX
Acknowledgements ____________________________________________________________ 7
Preface ______________________________________________________________________ 8
User Manual _________________________________________________________________ 10
Introduction to the European Union
The Institutions___________________________________________________________________ 13
The Legislation ___________________________________________________________________ 18
The Decision
Chapter One. COMPETITION
1.1 Introduction __________________________________________________________________ 23
1.2 Treaty Basis ___________________________________________________________________ 23
1.3 Institutional Responsabilities_____________________________________________________
1.4 Legislative Decisions ____________________________________________________________ 28
Chapter Two. CONSUMERS
2.1 Introduction __________________________________________________________________ 32
2.2 Treaty Basis ___________________________________________________________________ 32
2.3 Institutional Responsabilities_____________________________________________________ 35
2.4 Consumers Protection
2.5 E-Commerce __________________________________________________________________ 41
Chapter Three. CULTURE
3.1 Introduction __________________________________________________________________ 44
3.2 Treaty Basis ___________________________________________________________________ 44
3.3 Institutional Responsabilities_____________________________________________________ 45
3.4 Political Agreements_____________________________________________________________
Chapter Four. ECONOMIC
4.1 Introduction __________________________________________________________________ 51
4.2 Treaty Basis ___________________________________________________________________ 51
4.3 Institutional Responsabilities_____________________________________________________
4.4 Political Agreements ___________________________________________________________ 53
Chapter Six. EMPLOYMENT
6.1 Introduction __________________________________________________________________ 63
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6.2 Treaty Basis ___________________________________________________________________ 63
6.3 Institutional Responsabilities_____________________________________________________ 70
6.4 Political Agreements ___________________________________________________________ 72
6.5 Protection
6.6 Equal Treatment _______________________________________________________________ 77
6.7 Working Time
6.8 Coordination of Social Security
Chapter Seven. ENERGY
7.1 Introduction __________________________________________________________________ 86
7.2 Treaty Basis___________________________________________________________________ 86
7.3 Institutional Responsabilities_____________________________________________________ 89
7.4 Energy
7.5 Environment
Chapter Eight. HEALTH
8.1 Introduction __________________________________________________________________ 92
8.2 Treaty Basis ___________________________________________________________________ 93
8.3 Institutional responsabilities _____________________________________________________ 95
8.4 Political Agreements ___________________________________________________________ 95
8.5 Health
8.8 Sexual harrasment
8.9 Tobacco
8.10 Alcohol
8.11 Drugs
Chapter Nine. INTELLECTUAL PROPERTY
9.1 Introduction _________________________________________________________________ 110
9.2 Treaty Basis __________________________________________________________________ 111
9.3 Institutional Responsabilities____________________________________________________ 112
9.4 International Agreements ______________________________________________________ 112
9.5 Policy Background ____________________________________________________________ 115
9.6 Legislative Decisions ___________________________________________________________ 117
9.7 Copyright
9.8 Rights management
Chapter Ten. INTERNAL MARKET
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10.1 Introduction ________________________________________________________________ 125
10.2 Treaty Basis _________________________________________________________________ 125
10.3 Institutional Responsabilities___________________________________________________
10.4 Political Agreements _________________________________________________________ 127
10.5 Legislative Decisions __________________________________________________________ 128
10.6 SOLVIT
Chapter Eleven. JUSTICE
11.1 Introduction ________________________________________________________________ 132
11.2 Treaty Basis _________________________________________________________________ 132
11.3 Institutional Responsabilities___________________________________________________ 136
11.4 Legislative Decisions __________________________________________________________ 136
11.5 Citizens Rights
Chapter Twelve. MULTILINGUALISM
12.1 Introduction ________________________________________________________________ 139
12.2 Institutional Responsabilities___________________________________________________ 139
12.3 Political Agreements _________________________________________________________ 140
Chapter Thirteen. NON EU THIRD COUNTRY NATIONALS
13.1 Introduction ________________________________________________________________ 143
13.2 Treaty Basis _________________________________________________________________ 144
13.3 Institutional Responsabilities___________________________________________________ 146
13.4 Political Agreements _________________________________________________________ 147
13.5 External Border Control
13.6 Visa
13.7 Issues related to work
13.8 International Agreements _____________________________________________________ 164
Chapter Fourteen. RADIO SPECTRUM
14.1 Introduction ________________________________________________________________ 166
14.2 Treaty Basis _________________________________________________________________ 166
14.3 Institutional Responsabilities___________________________________________________ 168
14.4 Legislative Decisions __________________________________________________________ 168
Chapter Fifteen. REGIONAL POLICY
15.1 Introduction ________________________________________________________________ 172
15.2 Treaty Basis _________________________________________________________________ 172
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15.3 Institutional Responsabilities___________________________________________________ 173
15.4 Political Agreements _________________________________________________________ 173
Chapter Sixteen. TAXATION
16.1 Introduction ________________________________________________________________ 177
16.2 Treaty Basis _________________________________________________________________ 177
16.3 Institutional Responsabilities___________________________________________________ 178
16.4 Indirect Tax
16.5 Direct Taxation
Chapter Seventeen. TRADE
17.1 Introduction ________________________________________________________________ 184
17.2 Treaty Basis _________________________________________________________________ 184
17.3 Institutional Responsabilities___________________________________________________ 186
17.4 Political Agreements _________________________________________________________ 187
17.5 Legislative Decisions __________________________________________________________ 188
Chapter Eighteen. TRANSPORT
18.1 Introduction ________________________________________________________________ 192
18.2 Treaty Basis _________________________________________________________________ 192
18.3 Institutional Responsabilities___________________________________________________ 193
18.4 Legislative Decisions __________________________________________________________ 193
List of Regulations ___________________________________________________________ 194
Chronological Overview of Regulations______________________________________________
Index _________________________________________________________________________
Acronyms______________________________________________________________________
Useful Adresses _________________________________________________________________
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Acknowledgements
This inventory would not have been produced without the careful collaboration of a many enthusiast and
engaged people. Since several years parts of the inventory have been published for members use, such as on labour
legislation or health and safety regulations. It was after the summer of 2010 that a small in-house team of lawyers in
Pearle* devoted time to develop a comprehensive inventory of EU legislation affecting the performing arts. Following
persons are to be named in the process towards composing an inventory the past years: Anne Niveau, Anne Laure
Cabirol, Julija Sproge, Sophie Pilette. Our special thanks however go to Julie van Elslande and Mar Bordanova, who
were the team that devoted their time to compile this inventory, to Silke Lalvani and Liesbeth Dejonghe for reading
through specific chapters and Thibault Landelle for completing and finalising the text.
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Preface
This Inventory of EU legislation aims at giving an overview of regulations in different policy
areas which affect the performing arts sector.
It seeks to draw together and present in a simplified way a mass of complex material and
information on the regulatory environment of the European Union which affects the daily operations for
live performance organisations. It is a reference document to understand where and when Europe is
present in this specific sector. Some twenty years ago already with the enthusiast encouragement of
some founders of Pearle*, an inventory was made for the entire culture sector and then published by the
European Foundation for the Arts and Heritage.
With this inventory we want to go right at the heart of an individual arts organisation to
demonstrate that Europe is important in many activities of their business. But this inventory is also aimed
at policy makers from local to national levels, right up to the European and international context, for it is
important to give the live performance sector a right share of attention and interest. There are many
regulations which may hinder the sector and which entail a real burden for professionals, especially when
it concerns cross-border activities, cooperation and touring. The European Union has not made life easier,
on the contrary it is rare to detect regulations which provide a response to the sector’s needs or its
particularities.
It is hoped that this inventory will become a tool for the sector across Europe and in particular
to the sectoral federations which represent the interests of its members organisations towards their own
governments.
The structure of this inventory is deliberately composed in such way that it can be used in
different ways: as an introduction the browse through and to learn about the different areas, as a
reference tool to directly find information on a specific piece of legislation or reference word, and as an
overview to learn when European legislation was to be implemented into national legislation and when
reporting from the Member States is due towards the European Commission.
It is intended for practical use, without trying to be exhaustive and cover every single piece of
legislation. The focus was on hard legislation, as this has to be transposed into national legislation and is
therefore of direct relevance for arts organisations. Where the EU has only limited competences soft
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legislation and policy documents serve as the basis. Some entries fall in na grey zone, where their
inclusion might be discussed: irrelevant to some, mildly interesting to others, crucial to a few. Also, by the
time you get this in your hands, more legislation will have been proposed so it is only a starting point, but
a work in progress that we intend to update on an annual basis.
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User Manual
The Inventory starts with an Introduction explaining the institutions of the European Union and their functions, the
legislation and its effects on National law, and finally the different stages of the decision-making process. The
Inventory is then structured in eighteen chapters, arranged in alphabetical order, covering policy areas, which in one
way or another, affect the Performing Arts sector. Every chapter contains:

A general introduction

The relevant articles in the Lisbon Treaty establishing the basis of political decisions and the legislation

The institutional responsibilities

The political decisions adopted, called political agreements, when important for understanding or
interpreting the legislation

The relevant European legislation concerning that policy area
Inside a chapter, the legislation is listed by subject. Within each subtitle the subjects are ordered chronologically,
starting with the most recent adoption of a text.
! It is important to take into account that some legislation could have an effect in different policy areas. However,
they are only treated in one chapter and we make a reference in the other chapters concerned.
The legislation is cited as follows:
The Official title
Council Directive 2009/50 (1) of May 2009 on the conditions of entry and residence of
third-country nationals for the purposes of highly qualified employment (Blue Card
Directive)
O.J. L 155 17, 18.06.2009
(Implementation>19 June 2011)
The title given (when it applies)
Reference to the Official Journal
Date of implementation when we talk about Directive
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Reference:
O.J.: Official Journal
L: series of the OJ (2)
155: series number
17: page
18.06.2009: date of publication
(1) Council Directive: type of legislative act
2009: year of the act
50: number of the act
(2) There are different series of the Official Journal of the European Union
The L series; the C series, the S series (not relevant here) and the COM documents which are published
more or less daily throughout the year.
The L series: contains the whole EU legislation, including regulations, directives, decisions,
recommendations, opinions and the annual budget.
The C series: contains a wide variety of information, including reports and announcements, proposals,
ECOSOC opinions, European Parliament questions, European Parliament minutes, the Judgments of the
European Court of Justice and the Court of First Instance, Court of Auditors reports, general notices on
state aid, competition cases, tenders, imports from third countries and appointments.
The supplementary S series: contains invitations to tender, announces public contracts and contracts
to be paid from the European Development Fund.
COM docs: are the Commission documents and contain proposed legislation, reports and
communications.
In order to help you find your way through the Inventory, we include a List of binding Legislation, a Chronological
Overview of Regulations, an Index containing keywords, a list of Acronyms and a Directory with useful addresses. You
find these chapters at the end of the Inventory.
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Introduction to the European Union
This General Introduction aims at making you understand the main concepts of European Legislation. We will
therefore discuss the institutions of the EU, the legislative procedures and the different legislative instruments.
As of 1950, the European Coal and Steel Community begins to unite European countries economically and
politically in order to secure lasting peace. The six founders are Belgium , France, Germany, Italy, Luxembourg and
the Netherlands. On 25 March 1957, were signed at the same time the Treaty of Rome, establishing the European
Economic Community (EEC), signed in Rome, and the Treaty establishing the European Atomic Energy Community
(Euratom), therefore jointly known as the Treaties of Rome . On 1 January 1973, Denmark, Ireland, and the
United Kingdom join the European Union, raising the number of member states to nine. In 1981, Greece becomes the
10th member of the EU and Spain and Portugal follow five years later. In 1987 the Single European Act is signed.
This is a treaty which provides the basis for a vast six-year programme aimed at sorting out the problems with the
free-flow of trade across EU borders and thus creates the ‘Single Market’.
In 1993 the Single Market is completed with the 'four freedoms' of: movement of goods, services, people and money.
The 1990s is also the decade of two treaties, the ‘Maastricht’ Treaty on European Union in 1993 and the Treaty
of Amsterdam in 1999. The first created a new structure with three "pillars" which is political as well economic. This
is the European Union (EU) Treaty. The second comes with the attachments of the consolidated versions of the EU
and EC Treaties
In 1995 the EU gains three more new members, Austria, Finland and Sweden. A small village in Luxembourg gives its
name to the ‘Schengen’ agreements that gradually allow people to travel without having their passports checked
at the borders. On 26 February 2001, the Treaty of Nice is signed; it dealt mostly with reforming the institutions so
that the Union could function efficiently after its enlargement to 25 Member States. In the Treaty of Nice, the former
Treaty of the EU and the Treaty of the EC have been merged into one consolidated version
In 2004 10 new countries join the EU, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia,
Slovakia, Cyprus and Malta. On 13 December 2007, the 27 EU countries sign the Treaty of Lisbon, entering into
force on 1 December 2009, which amends the previous Treaties, the Treaty on European Union and the Treaty
establishing the European Community. The latter is renamed the Treaty on the Functioning of the European Union.
It is important to know about the different types of competence of the EU, in order to understand in
which areas and how the Union can take action.
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There are three types of Union competence set out in Article 2 of the amended TFEU: Exclusive competence, shared
competence and supporting competence.
In the fields of exclusive competence, only the Union has the right to legislate. Shared competence means that
the Union and Member States are both able to act. In policy areas of shared competence, the principle of subsidiarity
applies, which means that the Union does not take action, unless it is more effective than action taken at national,
regional or local level (see also: p.12 “The Commission”). In a third category of policy areas, the Union has the
competence to carry out actions to support, coordinate or supplement actions of the Member States. Action by the
Union in this field of supporting competence may include adopting incentive measures and making
recommendations but shall not entail harmonisation of national laws (Article 2(5) TFEU). For the first time in the
Union’s existence, articles 3-6 TFEU provide lists deviding the different policy areas into the three types of
competence, even if they do not cover every aspect of Union activity.
Member States have exclusive competence in the field of culture but the Union can provide support, coordination or supplement the actions of the Member States (Article 6 TFEU).
The Institutions
Article 13 TEU
1. The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve
its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and
continuity of its policies and actions.
The Union’s institutions shall be:
— the European Parliament,
— the European Council,
— the Council,
— the European Commission (hereinafter referred to as ‘the Commission’),
— the Court of Justice of the European Union,
— the European Central Bank,
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— the Court of Auditors.
2. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the
procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation.
3. The provisions relating to the European Central Bank and the Court of Auditors and detailed provisions on the other
institutions are set out in the Treaty on the Functioning of the European Union.
4. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee
and a Committee of the Regions acting in an advisory capacity.
The European Commission
The Commission’s power stems from the fact that it has the ‘right of initiative’. Being responsible for drawing up
proposals for new European legislation, means that the Commission is the motor of the decision-making process. It is
also referred to as the guardian of the Treaties, given that with the European Court of Justice it shares powers to
ensure that EU Treaty rules and legislation are correctly observed.
Every legislative proposal from the Commission must be grounded in the European interest and respect the principles
of subsidiarity (domains in which the EU does not have exclusive competence to act) and proportionality. This means
that the Commission should only legislate when action is more effective at EU level, and then no more than necessary
to attain the agreed-on objectives. If action is more efficient at national, regional or local level, the Commission
should refrain from legislation.
The Commission of the European Communities is also responsible for ensuring that EU law is correctly applied.
Consequently, where a Member State fails to comply with EU law, the Commission has powers of its own (action for
non-compliance) to try to bring the infringement to an end and, where necessary, may refer the case to the European
Court of Justice.
The Commission is divided into departments called Directorate-Generals (DG’s). It operates with 27 commissioners,
one from each Member State. However, they should not represent their Member State, but the interests of the EU.
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The European Parliament
The European Parliament represents the people of the Member States. Their members are directly elected by EU
citizens every five years. .
In the course of time and with every new Treaty, the Parliament’s power has constantly increased. Today, it shares
legislative power with the Council of the European Union in nearly all policy fields. The two institutions pass legislation
jointly; adopt European Laws (Directives, Regulations, etc.) and the entire EU budget. The Parliament can accept,
amend or reject the proposals launched by the Commission. Furthermore the Parliament can ask the Commission to
present legislative proposals for laws to the Council and gives its opinion on the Commission’s annual work
programme The Commission is accountable to Parliament, requiring its approval to take office.
Parliamentary Decisions are taken at the Plenary session, which takes place twelve times a year in Strasbourg and six
times a year in Brussels. The preparatory work to a plenary is done by Parliamentary Committees and political groups
Today, there are 20 Parliamentary Committees, each responsible for one or several policy areas.
The Council of the European Union (Council of Ministers, Council of the EU)
The Council represents the governments of EU Member States. It shares lawmaking and budget power with the
European Parliament and has a central role in Common Foreign and Security Policy (CFSP) and the coordination of
economic policies.
The Council consists of one government minister from each Member State and comes together in different
configurations depending on the policy area. Altogether there are nine different Council configurations. The Council
meetings are prepared by the Council Working Groups and COREPER, the committee of permanent representatives.
The Presidency of the Council rotates every six months. In other words, each EU country in turn takes charge of the
Council’s agenda and chairs the meetings for a six-month period, promoting legislative and political decisions and
brokering compromises between the member states. To provide certain continuity in the work of the EU, three
successive presidencies set out their common priorities for an 18-month period.
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The European Council
The European Council drives EU policy-making and has, according to the realty the task to “define the general
political directions” of the Union. With the entry into force of the Lisbon Treaty, it became an “EU institution” and is
headed by a president since then. Elected by the European Council for 2½ years, his main job is to represent the
European Union on the world stage, to prepare the Council’s work and ensure its continuity. The president cannot
simultaneously hold any elected position or office at national level.
The European Council brings together the Heads of State or government of the Member States, the President of the
Commission, the European Council President and the High Representative of the Union for Foreign Affairs and
Security Policy. .
NON POLITICAL INSTITUTIONS
Court of Justice
Since the establishment of the Court of Justice of the European Union in 1952, its mission has been to ensure that EU
legislation is equally interpretated and applied in all EU countries.
In doing so, the Court of Justice of the European Union reviews the legality of the acts of the institutions of the
European Union, ensures that the Member States comply with obligations under the Treaties, and interprets European
Union law at the request of national courts and tribunals.
The Court thus constitutes the judicial authority of the European Union and it ensures the uniform application and
interpretation of European Union law, in cooperation with the courts and tribunals of the Member States. The Court of
Justice of the European Union, which is based in Luxembourg, consists of three courts: the Court of Justice, the
General Court (created in 1988) and the Civil Service Tribunal (created in 2004).
The European Central Bank (ECB)
The ECB is the central bank for Europe's single currency, the euro. The ECB’s main task is to maintain the euro's
purchasing power and thus price stability in the euro area. The euro area comprises 17 European Union countries that
have introduced the euro since 1999.
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The European Court of Auditors
As the external auditor of the EU, the European Court of Auditors checks that EU funds are correctly accounted for
and spent in compliance with the rules and legislation, with due consideration for achieving best value for money,
irrespective of where the funds are spent. The results of the Court’s work are used by the Commission, the Parliament
and the Council as well as by Member States, to improve the financial management of the EU budget.
ADVISORY BODIES
Economic & Social Committee
The European Economic and Social Committee (EESC) is an advisory body representing employers, trade unions,
consumers and other interest groups that collectively constitute the ‘organised civil society’. It presents their views
and defends their interests in policy discussions with the Commission, the Council and the European Parliament.
The Committee is an integral part of the EU’s decision-making process: it must be consulted before decisions are
taken on economic and social policy. On its own initiative, or at the request of another EU institution, it may also give
its opinion on other matters. The EESC opinions aren’t binding in any way.
Committee of the Regions
The Committee of the Regions (CoR) is an advisory body composed of representatives of Europe’s regional and local
authorities. The CoR has to be consulted before EU decisions are taken on matters such as regional policy, the
environment, education and transport – all of which concern local and regional government. The Committee can also
adopt opinions on its own initiative and present them to the Commission, Council and Parliament. Each year, the
Committee of the Regions holds five plenary sessions, during which its general policy is defined and opinions are
adopted. The members of the Committee are assigned to specialist ‘commissions’ whose job is to prepare the plenary
sessions. There are six commissions:

Commission for Territorial Cohesion Policy (COTER)

Commission for Economic and Social Policy (ECOS)

Commission for Sustainable Development (DEVE)

Commission for Culture and Education (EDUC)
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
Commission for Constitutional Affairs and European Governance (CONST)

Commission for External Relations (RELEX).
EXTRA
The importance of National parliaments
Although national parliaments are not part of the EU’s official institutional setup, they play a vital role in the operation
of the EU. For example, if a sufficient number of national parliaments are convinced that a legislative initiative should
better be taken at a local, regional or national level, the Commission either has to withdraw it or give a clear
justification why it does not believe that the initiative is in breach with the principle of subsidiarity.
The Council of Europe
This is an independent institution that does not form part of the European Union. The Council of Europe, based in
Strasbourg, now covers virtually the entire European continent, with 47 member countries. Founded on 5 May 1949
by 10 countries, the Council of Europe seeks to develop throughout Europe common and democratic principles based
on the European Convention on Human Rights and other reference texts on the protection of individuals.
(Be careful not to confuse this institution with the European Council and the Council of the European Union)
The Legislation
Primary law
= the “Founding" treaties:
The Treaty on European Union (TEU) and
The Treaty on the Functioning of the European Union (TFEU)
These Treaties contain basic provisions on the European Union's objectives and organisation. They set the
constitutional framework for the operation of the European Union which is administered by the Union institutions.
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Secondary law
1. = instruments according to Article 288 TFEU
‘To exercise the Union’s competences, the institutions shall adopt regulations, directives, decisions, recommendations
and opinions.’
A Regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member
States.
A Directive shall be binding, as to the result to be achieves, upon each Member State to which it is addressed, but
shall leave to the national authorities the choice of form and methods. Each directive specifies the date by which the
national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to
take account of differing national situations.
A Decision is addressed to a specific party and binding in its entirety. They can require authorities and individuals in
Member States either to do something or stop doing something, and can also confer rights on them.
Recommendations and opinions have no binding force. These are expressions of opinion which carry some
political and moral weight, but have no legal force
2. Soft Law = quasi legal instruments which are legally non-binding
e.g.: Green Paper or White Paper
A Green paper issued by the European Commission is a document in which certain ideas are enumerated with the
intention of initiating those who are interested to contribute their views and provide information.
White papers are documents containing proposals for European Union action in a specific area.
Communications
Communications can be issued by the Commission for general interest or for launching a legislative proposal.
19
Other soft law can be:
Commission working paper (basis for discussion in the Council)
Commission staff working paper (back-up and clarify proposals already presented by the Commission)
Council conclusions
Memorandum of Understanding (MOU), e.g. declarations
Interinstitutional agreements (Parliament, Commission, Council)
The Decision
-The legislative procedure to be followed is determined by the legal basis referred to in the proposal.
ORDINARY L EGISLATIVE PROCEDURE
Since the entry into force of the Lisbon Treaty co-decision is the "ordinary legislative procedure”. It is based on the
principle of parity and means that neither institution (European Parliament or Council of Ministers) may adopt
legislation without the other's assent. Without agreement, a proposal cannot be adopted.
The flow chart below explains how this procedure works in practice. A detailed description of the procedure can be
found in the Article 194 TFEU.
SPECIAL L EGISLATIVE PROCEDURES
In specific cases provided for by the Treaties, the adoption of a Regulation, Directive or Decision by the European
Parliament with the participation of the Council, or by the latter with the participation of the European Parliament,
shall constitute a special legislative procedure. The treaties have provision for special legislative procedures to be
used in sensitive areas. Notable procedures are the consultation and consent procedures, though various others are
used for specific cases.
Consultation procedure
Under this procedure the Council, acting either unanimously or by a qualified majority depending on the policy area
20
concerned, can adopt legislation based on a proposal by the European Commission after consulting the European
Parliament. While being required to consult Parliament on legislative proposals, the Council is not bound by
Parliament's position. In practice the Council would frequently ignore whatever Parliament might suggest and even
sometimes reach an agreement before receiving Parliament's opinion.
Consultation is still used for legislation concerning internal market exemptions and competition law.
Consent procedure
In the consent procedure (formerly assent procedure), the Council can adopt legislation based on a proposal by the
European Commission after obtaining the consent of Parliament. Thus Parliament has the legal power to accept or
reject any proposal; however no legal mechanism exists for proposing amendments.
The preparatory work for first, second or single reading by the Parliament or the Council is done in the Parliamentary
Committees, the Council Working Groups, COREPER and the GRI meeting within the Commission (Groupe des
Relations Interinstitutionelles).
21
CO-DESICION FLOWCHART
Extract from: European Comission/Codecision explanation: step by step http://ec.europa.eu/codecision/stepbystep/diagram_en.htm
22
Chapter One. COMPETITION & STATE AID
1.1 Introduction
Free and fair competition is a key element of the open market economy in Europe. It stimulates economic
performance and offers consumers a broader choice of better-quality products and services at a competitive price.
European Union competition policy aims to ensure that competition is not distorted in the internal market by working
towards similar rules that apply to all the companies operating within it.
Within the context of free competition in the internal market, and specifically the opening up of public services to
competition, Member States sometimes intervene through the use of public resources to promote certain economic
activities or to protect national industries. The support of certain firms and their preference over other competitors is
seen as State aid, liable to distort competition.
State aid is prohibited under the Treaty on the Functioning of the European Union. Nevertheless, some exceptions
authorise aid, which can be justified by common interest objectives, i.e. services of general economic interest, as long
as they do not distort competition and undermine the public interest. Member States are obliged to register planned
subsidies with the European Commission before granting it. The Commission rigorously monitors State Aid and
investigates support it has not been informed of. If the support is found incompatible with EU law, the Commission
instructs the authorities to stop giving it and to pay back any support already provided.
1.2 Treaty Basis
COMPETITION
Article 101 TFEU (ex Article 81 TEC)
1. The following shall be prohibited as incompatible with the internal market: all agreements between undertakings,
decisions by associations of undertakings and concerted practices which may affect trade between Member States
and which have as their object or effect the prevention, restriction or distortion of competition within the internal
market, and in particular those which:
(a) Directly or indirectly fix purchase or selling prices or any other trading conditions;
23
(b) Limit or control production, markets, technical development, or investment;
(c) Share markets or sources of supply;
(d) Apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a
competitive disadvantage;
(e) Make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which,
by their nature or according to commercial usage, have no connection with the subject of such contracts.
2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void.
3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
— Any agreement or category of agreements between undertakings,
— Any decision or category of decisions by associations of undertakings, EN C 83/88 Official Journal of the European
Union 30.3.2010
— Any concerted practice or category of concerted practices,
which contributes to improving the production or distribution of goods or to promoting technical or economic
progress, while allowing consumers a fair share of the resulting benefit, and which does not:
(a) Impose on the undertakings concerned restrictions which are not indispensable to the attainment of these
objectives;
(b) Afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products
in question.
Article 102 TFEU (ex Article 82 TEC)
Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it
shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.
Such abuse may, in particular, consist in:
(a) Directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;
24
(b) Limiting production, markets or technical development to the prejudice of consumers;
(c) Applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a
competitive disadvantage;
(d) Making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which,
by their nature or according to commercial usage, have no connection with the subject of such contracts.
Article 103 TFEU (ex Article 83 TEC)
1. The appropriate regulations or directives to give effect to the principles set out in Articles 101 and 102 shall be laid
down by the Council, on a proposal from the Commission and after consulting the European Parliament.
2. The regulations or directives referred to in paragraph 1 shall be designed in particular:
(a) To ensure compliance with the prohibitions laid down in Article 101(1) and in Article 102 by making provision for
fines and periodic penalty payments;
(b) To lay down detailed rules for the application of Article 101(3), taking into account the need to ensure effective
supervision on the one hand, and to simplify administration to the greatest possible extent on the other;
(c) To define, if need be, in the various branches of the economy, the scope of the provisions of Articles 101 and 102;
(d) To define the respective functions of the Commission and of the Court of Justice of the European Union in
applying the provisions laid down in this paragraph;
(e) To determine the relationship between national laws and the provisions contained in this Section or adopted
pursuant to this Article.
STATE AID
Article 107 TFEU (ex Article 87 TEC)
1. Save as otherwise provided in the Treaties, any aid granted by a Member State or through State resources in any
form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the
25
production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the
internal market.
2. The following shall be compatible with the internal market:
(a) Aid having a social character, granted to individual consumers, provided that such aid is granted without
discrimination related to the origin of the products concerned;
(b) Aid to make good the damage caused by natural disasters or exceptional occurrences;
(c) Aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of
Germany, in so far as such aid is required in order to compensate for the economic disadvantages caused by that
division. Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the
Commission, may adopt a decision repealing this point.
3. The following may be considered to be compatible with the internal market:
(a) Aid to promote the economic development of areas where the standard of living is abnormally low or where there
is serious underemployment, and of the regions referred to in Article 349, in view of their structural, economic and
social situation;
(b) Aid to promote the execution of an important project of common European interest or to remedy a serious
disturbance in the economy of a Member State;
(c) Aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does
not adversely affect trading conditions to an extent contrary to the common interest;
(d) Aid to promote culture and heritage conservation where such aid does not affect trading conditions and
competition in the Union to an extent that is contrary to the common interest;
(e) Such other categories of aid as may be specified by decision of the Council on a proposal from the Commission.
26
Article 108 TFEU (ex Article 88 TEC)
1. The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing
in those States. It shall propose to the latter any appropriate measures required by the progressive development or
by the functioning of the internal market.
2. If, after giving notice to the parties concerned to submit their comments, the Commission finds that aid granted by
a State or through State resources is not compatible with the internal market having regard to Article 107, or that
such aid is being misused, it shall decide that the State concerned shall abolish or alter such aid within a period of
time to be determined by the Commission.
If the State concerned does not comply with this decision within the prescribed time, the Commission or any other
interested State may, in derogation from the provisions of Articles 258 and 259, refer the matter to the Court of
Justice of the European Union direct.
On application by a Member State, the Council may, acting unanimously, decide that aid which that State is granting
or intends to grant shall be considered to be compatible with the internal market, in derogation from the provisions of
Article 107 or from the regulations provided for in Article 109, if such a decision is justified by exceptional
circumstances. If, as regards the aid in question, the Commission has already initiated the procedure provided for in
the first subparagraph of this paragraph, the fact that the State concerned has made its application to the Council
shall have the effect of suspending that procedure until the Council has made its attitude known.
If, however, the Council has not made its attitude known within three months of the said application being made, the
Commission shall give its decision on the case.
3. The Commission shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or
alter aid. If it considers that any such plan is not compatible with the internal market having regard to Article 107, it
shall without delay initiate the procedure provided for in paragraph 2. The Member State concerned shall not put its
proposed measures into effect until this procedure has resulted in a final decision.EN C 83/92 Official Journal of the
European Union 30.3.2010
4. The Commission may adopt regulations relating to the categories of State aid that the Council has, pursuant to
Article 109, determined may be exempted from the procedure provided for by paragraph 3 of this Article.
27
1.3 Institutional Responsabilities
European Commission
Joaquín Almunia, Commissioner and Vice-President responsible for Competition
DG Competition
European Parliament
Council of the EU
Committee on Internal Market and Consumer
Competitiveness
Protection (IMCO)
Industry and Research from the Council of the
Committee
on
Economic
and
Affairs (ECON)
Monetary
Council:
Internal
Market,
European Union
Working Party on Competition (G.12)
1.4 Legislative Decisions
TREATY PROVISIONS – ASSESSMENT BY THE COMMISSION
When assessing measures, the Commission first examines whether the notified measure can be characterised as
State Aid within the meaning of Article 107 (1) TFEU.
‘Save as otherwise provided in the Treaties, any aid granted by a Member State or through State resources in any
form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the
production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the
internal market.‘
Existence of aid?
-
The first condition as regards the presence of aid is whether the beneficiaries qualify as undertakings.
It is settled in case-law that any entity engaged in an economic activity is to be considered as an
undertaking regardless of its legal form or the way it is financed. Cultural organisations are not de facto
excluded from this definition. It has to be examined whether their activities are of an economic nature.
-
Secondly, the Commission investigates whether the aid provided affects trade between Member States.
28
Compatibility of the aid?
-
When the measures qualify as State Aid, its compatibility will be assessed.
Concerning measures in the area of culture, we can say that aid may be compatible if it has as its purpose
cultural conservation (cfr. Article 107 (3)) or/and it is necessary for the Community objective referred to in
Article 167 TFEU; and the measures are a proportional way of achieving this Community objective. This
proportionality is evaluated case by case.
Communication from the Commission — Temporary Community framework for State aid measures to
support access to finance in the current financial and economic crisis O.J. C 6; 11.1.2011 (Application >
from 1 January 2011 to 31 December 2011)
The first Communication in this field was adopted on 17 December 2008. Since then, several amendments and
modifications have been adopted by the Commission to arrive to the current Temporary Framework. It is justified by
the current exceptional and transitory financing problems related to the banking crisis, and includes specific rules
regarding guarantees, subsidies, production of green products and short-term credits.
After consulting Member States, the Commission may review it before 31 December 2011 on the basis of important
competition policy or economic considerations.
SME’s
Handbook on Community State Aid Rules for SME’s, including temporary State Aid measures to support
access to finance in the current financial and economic crisis of 25 February 2009.
The handbook, published by DG Competition, gives a concise overview of the aid possibilities for SMEs as allowed by
the Community state aid rules. It also covers temporary state aid measures to support access to finance in the
current financial and economic crisis.
AUDIOVISUAL WORKS – CINEMA
Commission Regulation 330/2010 of 20 April 2010 on the application of Article 101 (3) of the Treaty on
the Functioning of the European Union to categories of vertical agreements and concerted practices O.J.
L 102 1; 23.04.2010 (Implementation > 1 June 2010)
29
This Regulation replaces the Block Exemption Regulation, adopted in 1999. It aims to reduce the regulatory burden
for companies without market power, in particular for SME’s.
Article 101 applies to vertical agreements that may affect trade between Member States and that prevent, restrict or
distort competition (‘vertical restraints’). It provides a legal framework for the assessment of vertical restraints, which
takes into consideration the distinction between anti-competitive and pro-competitive effects. Article 101 (1) prohibits
those agreements which appreciably restrict or distort competition, while Article 101 (3) exempts those agreements
which confer sufficient benefits to outweigh the anti-competitive effects.
Comment
The exemption applies to vertical agreements containing provisions which relate to the assignment to the buyer or
use by the buyer of intellectual property rights, provided that those provisions do not constitute the primary object
of such agreements and are directly related to the use, sale or resale of goods or services by the buyer or its
customers. The exemption applies on condition that, in relation to the contract goods or services, those provisions
do not contain restrictions of competition having the same object as vertical restraints which are not exempted
under this Regulation.
Communication from the Commission of 26 September 2001 to the Council, the European Parliament,
the Economic and Social Committee and the Committee of the Regions on certain legal aspects relating
to cinematographic and other audiovisual works. COM (2001) 534 final
The criteria for determining whether state support for cinema is compatible with EU competition law are defined in
the 2001 Cinema Communication. The specific criteria on which basis the Commission currently assesses State aid to
cinema and TV programme production were established in its decision of June 1998 on the French automatic aid
scheme to film production. These specific criteria are as follows:
(1) The aid is directed to a cultural product. Each Member State must ensure that the content of the aided
production is cultural according to verifiable national criteria (in compliance with the application of the
subsidiarity principle).
(2) The producer must be free to spend at least 20% of the film budget in other Member States without
suffering any reduction in the aid provided for under the scheme. In other words, the Commission accepted
as an eligibility criteria territorialisation in terms of expenditure of up to 80% of the production budget of an
aided film or TV work.
30
(3) Aid intensity must in principle be limited to 50% of the production budget with a view to stimulating
normal commercial initiatives inherent in a market economy and avoiding a bidding contest between Member
States. Difficult and low budget films are excluded from this limit. The Commission considers that, under the
subsidiarity principle, it is up to each Member State to establish a definition of difficult and low budget film
according to national parameters.
(4) Aid supplements for specific filmmaking activities (e.g. post-production) are not allowed in order to
ensure that the aid has a neutral incentive effect and consequently that the protection/attraction of those
specific activities in/to the Member State granting the aid is avoided.
The communication has since been extended three times and is set to expire on 31 December 2012.
31
Chapter Two. CONSUMERS
2.1 Introduction
The EU is committed to improving the quality of life of its citizens. In addition to direct action to protect their rights,
the EU aims to ensure that consumer interests are built into EU legislation in all relevant policy areas. As the single
market and the single currency open trading borders, the use of the internet and electronic commerce grows and the
service sector expands, it is considered as essential that all EU citizens benefit from the same high level of consumer
protection.
2.2 Treaty Basis
CONSUMER PROTECTION
Article 169 TFEU
1. In order to promote the interests of consumers and to ensure a high level of consumer protection, the Union shall
contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to
information, education and to organise themselves in order to safeguard their interests.
2. The Union shall contribute to the attainment of the objectives referred to in paragraph 1 through:
(a) Measures adopted pursuant to Article 114 in the context of the completion of the internal market;
(b) Measures which support, supplement and monitor the policy pursued by the Member States.
3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after
consulting the Economic and Social Committee, shall adopt the measures referred to in paragraph 2(b).
4. Measures adopted pursuant to paragraph 3 shall not prevent any Member State from maintaining or introducing
more stringent protective measures. Such measures must be compatible with the Treaties. The Commission shall be
notified of them.
32
INFORMATION SOCIETY
Article 179 TFEU (ex Article 163 TEC)
1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European
research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to
become more competitive, including in its industry, while promoting all the research activities deemed necessary by
virtue of other Chapters of the Treaties.
2. For this purpose the Union shall, throughout the Union, encourage undertakings, including small and medium-sized
undertakings, research centres and universities in their research and technological development activities of high
quality; it shall support their efforts to cooperate with one another, aiming, notably, at permitting researchers to
cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full, in
particular through the opening-up of national public contracts, the definition of common standards and the removal of
legal and fiscal obstacles to that cooperation.
3. All Union activities under the Treaties in the area of research and technological development, including
demonstration projects, shall be decided on and implemented in accordance with the provisions of this Title.
Article 180 TFEU (ex Article 164 TEC)
In pursuing these objectives, the Union shall carry out the following activities, complementing the activities carried
out in the Member States:
(a) Implementation of research, technological development and demonstration programmes, by promoting
cooperation with and between undertakings, research centres and universities;
(b) Promotion of cooperation in the field of Union research, technological development and demonstration with third
countries and international organisations;
(c) Dissemination and optimisation of the results of activities in Union research, technological development and
demonstration;
(d) Stimulation of the training and mobility of researchers in the Union.
33
Article 181 TFEU (ex Article 165 TEC)
1. The Union and the Member States shall coordinate their research and technological development activities so as to
ensure that national policies and Union policy are mutually consistent.
2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the
coordination referred to in paragraph 1, in particular initiatives aiming at the establishment of guidelines and
indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic
monitoring and evaluation. The European Parliament shall be kept fully informed.
Article 182 TFEU (ex Article 166 TEC)
1. A multiannual framework programme, setting out all the activities of the Union, shall be adopted by the European
Parliament and the Council, acting in accordance with the ordinary legislative procedure after consulting the Economic
and Social Committee.
The framework programme shall:
— establish the scientific and technological objectives to be achieved by the activities provided for in Article 180 and
fix the relevant priorities,
— indicate the broad lines of such activities,
— fix the maximum overall amount and the detailed rules for Union financial participation in the framework
programme and the respective shares in each of the activities provided for.
2. The framework programme shall be adapted or supplemented as the situation changes.
3. The framework programme shall be implemented through specific programmes developed within each activity.
Each specific programme shall define the detailed rules for implementing it, fix its duration and provide for the means
deemed necessary. The sum of the amounts deemed necessary, fixed in the specific programmes, may not exceed
the overall maximum amount fixed for the framework programme and each activity.
4. The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament
and the Economic and Social Committee, shall adopt the specific programmes.
34
5. As a complement to the activities planned in the multiannual framework programme, the European Parliament and
the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social
Committee, shall establish the measures necessary for the implementation of the European research area.
Article 183 TFEU (ex Article 167 TEC)
For the implementation of the multiannual framework programme the Union shall:
— determine the rules for the participation of undertakings, research centres and universities,
— lay down the rules governing the dissemination of research results.
2.3 Institutional Responsabilities
CONSUMERS PROTECTION
European Commission
John Dalli, Commissioner responsible for Health and Consumer Policy
DG Health and Consumers
Viviane Reding, Commissioner responsible for Justice, Fundamental Rights and Citizenship
DG Justice
European Parliament
Council of the EU
Committee on the Environment, Public
Employment, Social Policy, Health and Consumer
Health and Food Safety (ENVI)
Affairs Councils
Committee on Internal Market and Consumer
Working Party on Consumer Protection and
Protection (IMCO)
Information (I.3)
35
INFORMATION SOCIETY
European Commission
Neelie Kroes, Commissioner and Vice-President responsible for Digital Agenda
DG Information Society and Media
European Parliament
Council of the EU
Committee on Industry, Research and
Transport, telecommunications and energy
Energy (ITRE)
Councils
Committee on Civil Liberties, Justice and
Working Party on Telecommunications and
Home Affairs (LIBE)
Information Society (H.5)
Committee on Culture and Education (CULT)
2.4 Consumers Protection
Communication from the Commission to the Council, the European Parliament and the European
Economic and Social Committee - EU Consumer Policy Strategy 2007-2013: empowering consumers,
enhancing their welfare, effectively protecting them COM (2007) 99 final
In March 2007 the Consumer policy strategy for the next years was presented by the responsible Commissioner.
The three main objectives are:
-
empowering consumers
-
enhancing economic and non-economic welfare of the consumers, i.e. more choice, more competitive prices,
quality and value for money
-
effective protection of consumers
The strategy sets out more than 20 legislative and non legislative initiatives trying to boost the retail side of the Single
Market by 2013.
36
The following concrete actions have been proposed:
-
Better monitoring of consumer markets and national consumer policies
-
Better consumer protection regulation
-
Better enforcement and redress
-
Better informed and educated consumers: this is important for our sector. It covers the European Consumer
Centres Network (EEC-Net), information campaigns, development of a Consumer portal and other actions.
-
Putting consumers at the heart of the regulation
-
Better protection of EU consumers in internal markets

Proposal for a Directive of the European Parliament and of the Council on consumer rights
COM (2008) 614 final – 2008/0196 (COD)
http://www.europarl.europa.eu/oeil/file.jsp?id=5699432
This proposal is a result of the review of the Consumer Acquis which covers a number of Directives on consumer
protection:
 Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts
negotiated away from business premises
 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
 Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers
in respect of distance contracts
 Directive 1999/44/EC of the European Parliament and the Council of 25 May 1999 on certain aspects of the
sale of consumer goods and associated guarantees
A review of these Directives, trying to simplify and update the rules, showed that it is appropriate to replace them by
one single Directive.
37
The reason is that the former Directives contain minimum harmonisation clauses meaning that Member States may
maintain or adopt stricter consumer protection rules. Member States made extensive use of this possibility so that the
outcome is a fragmented regulatory framework. This causes significant compliance costs for businesses wishing to
trade cross-border and a low level confidence of consumers in cross-border shopping. Therefore, the proposal for a
new Directive moves away from the minimum harmonisation approach to embrace a full harmonisation approach. At
the same time it updates and modernises existing consumer rights, bringing them in line with technological change and
strengthening provisions in the key areas where consumers have experienced problems in recent years. The Consumer
Rights Directive concerns contracts for sales of goods and services from business-to-consumer. Generally all contracts
are covered, i.e. purchases made in a shop, at a distance or away from business premises.
The proposition includes rules on:
Pre-contractual information

Delivery and passing of risk to the consumer – maximum delivery period

Cooling off periods – 14 days to consider withdrawal in case of distance or off-premises contracts

Repairs, replacement, and guarantees - one and the same standard set of remedies

Unfair Contract Terms - a new black and grey list of unfair contract terms
Protection is also strengthened in many areas, including:

Online actions – standard information obligations

Pressure Selling – broader definition of direct selling
Comment
 Regarding the right to withdrawal and prior information:
The exception provided for in the Distance Selling Directive is included in the Proposal for a Consumer Protection
Directive. Some contracts for services to be performed on a specific date or within a specific period, such as hotel room
bookings, travel or concert tickets are excluded from the core provisions of the directive, such as the right to cancel the
contract,
38
 Regarding second ticket market:
Article 7 Specific information requirements for intermediaries
Prior to the conclusion of the contract, the intermediary shall disclose to the consumer, that he is acting in the name
of or on behalf of another consumer and that the contract concluded, shall not be regarded as a contract between
the consumer and the trader but rather as a contract between two consumers and as such falling outside the scope
of this Directive. In the scope of the Directive according to Article 2(19) 'intermediary' means a trader who concludes
the contract in the name of or on behalf of the consumer.
A consumer who buys a ticket on the second market is under the meaning of article 7 not protected by the rules of
this Directive.
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair
business-to-consumer commercial practices in the internal market and amending Council Directive
84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the
Council and Regulation 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial
Practices Directive’) O.J. 149 22; 11.06.2005 (Implementation > 12 June 2007)
The aim of this Directive is to ensure the prohibition of unfair commercial practices by businesses in their relations
with consumers. Unfair commercial practices comprise misleading and aggressive practices, and practices which use
coercion as a means of selling. The Directive sets out the general criteria for determining whether a commercial
practice is unfair, in order to establish a limited range of dishonest practices prohibited throughout the EU. These
criteria apply if the practice is contrary to the requirements of professional diligence and if it materially distorts or
could materially distort the behaviour of the average consumer. It also establishes the difference between misleading
practices and aggressive practices and describes the criteria for identifying such practices.
The European Consumer Centres network (ECC-Net)
The European Consumer Centres Network (ECC-Net) is an EU-wide network co-sponsored by the European
Commission and the Member States. It is made up of 29 centres, one in each of the 27 EU Member States and also in
Iceland and Norway. You can find the link to the different national Consumer Centres here:
http://ec.europa.eu/consumers/ecc/contact_en.htm
39
The European Online is a summary and analysis of complaints reported by consumers to the European Consumer
Centres’ Network (ECC-NET).
It is the fifth e-commerce report published by ECC-NET. The report focuses on the e-commerce related consumer
complaints reported to all 29 centres during 2008 and 2009, and follows on from the last report published in 2008. It
presents an analysis of the e-commerce cases handled in 2008 and 2009, and a summary of the results and trends
observed.
Regulation 2006/2004 of the European Parliament and of the Council of 27 October 2004 on
cooperation between national authorities responsible for the enforcement of consumer protection laws
O.J. L 364; 9.12.2004 (Implementation > 29 December 2005 and provisions about mutual assistance set out in
Chapters II and III shall apply by 29 December 2006)
The Regulation links up national, public enforcement authorities in an EU-wide Enforcement Network which has been
given the means to exchange information and to work together to stop rogue traders or any other cross-border
breach to consumer protection laws. It tackles breaches in a variety of areas such as misleading advertising, package
holidays, timeshares and distance selling. All the authorities in the Network have similar investigation and
enforcement powers which include the possibility of carrying out on-site inspections. Each one of them is able to call
on any other member in the network for assistance in their investigations and enforcement actions. Simultaneous
investigations and common enforcement actions, such as internet sweeps, can also be coordinated through the EEC
Network.
EU Sweep, targeting websites selling tickets to cultural and sporting events
On 16 September 2010, EU Consumer Commissioner John Dalli announced the initial results of the 2010 Sweep,
targeting websites selling tickets to cultural and sporting events. This sector was chosen following the large number
of complaints received by the European Consumer Centres (ECCs) for this product category in 2009 (close to 30% of
complaints about online shopping), as well as the growing trend in online shopping (in 2009, about 35% of EU
consumers who ever purchased anything online bought tickets either for a cultural or sporting event).
Authorities checked 410 such ticketing sites and 59% have been flagged for further investigation. As in previous
sweeps, the main problems included missing or misleading price information, unfair contract terms and conditions,
and missing or misleading trader details.
Comment
40
What is an EU sweep? An "EU sweep" is an action co-ordinated by the European Commission, and carried out
simultaneously by the national consumer enforcement authorities in the Member States, Norway and Iceland. In a
given week each year, consumer authorities check hundreds of sites in a particular sector in order to see where
consumer rights are being compromised or denied. When they find that a website does not comply with EU
consumer law, they then contact the operator and ask for corrective action. Those who fail to correct illegal
practices can face fines or be ordered to close their websites
2.5 E-Commerce
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal
aspects of information society services, in particular electronic commerce, in the Internal Market
("Directive on electronic commerce") O.J. L 178 2; 17.07.2000 (Implementation > 17 January 2002)
The purpose of the Directive on electronic commerce is to improve the legal security of such commerce in order to
increase the confidence of Internet users. It sets up a stable legal framework by making information society services
subject to the principles of the internal market (free circulation and freedom of establishment) and by introducing a
limited number of harmonised measures.
It covers, among other on-line sectors and activities, databases, entertainment services (video on demand, for
example), direct marketing and advertising.
The Directive has five key provisions:

The internal market clause which provides that Member States must ensure that their legal systems
"allow contracts to be concluded by electronic means"

Requirements aimed at facilitating the development of providers of information society services:
namely the prohibition of prior authorisations, obligations to provide information and ensure transparency
with a view to ensure consumer confidence as well as the provision of a framework for commercial
communications

The regulatory framework for electronic contracts, including the harmonisation of the conditions
necessary for the conclusion of such contracts
41

The regulation of the exemptions of the liability of intermediaries with a view to ensuring, on the
one hand, the provision of basic intermediary services guaranteeing the free movement of information on
the network and, on the other, a legal framework enabling the development of the internet and electronic
commerce.

Administrative cooperation, both between Member States and between the Member States and the
Commission, with a view to ensuring the proper implementation of the Directive.
Among other strategies the Commission suggests: addressing the fragmentation of consumer protection rules,
tackling unfair commercial practices and increasing the efficiency of cross-border enforcement.
(> supra: Proposal on Consumer Rights. Page 35)
Communication from the Commission to the Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions: a Digital Agenda for Europe COM (2010) 245 final/2
This Communication on ‘a Digital Agenda for Europe', sets out several actions in order to address the problems
affecting the digital single market, such as:
Simplify copyright clearance, management and cross-border licensing by:

Enhancing the governance, transparency and pan European licensing for (online) rights management by
proposing a framework Directive on collective rights management by 2010;

Create a legal framework to facilitate the digitisation and dissemination of cultural works in Europe by
proposing a Directive on orphan works by 2010, to conduct a dialogue with stakeholders with a view
to further measures on out-of print works, complemented by rights information databases;
(>Supra: chapter 9. Intellectual Property Rights. Page 107)
Review the EU data protection regulatory framework with a view to enhancing individuals' confidence and strengthening
their rights:
42

Propose by 2012 an optional contract law instrument complementing the Consumer Rights Directive to
overcome the fragmentation of contract law, in particular as regards the online environment;

Explore by 2011, via a Green Paper, initiatives on consumer Alternative Dispute Resolution in the EU with a
view to making proposals for an EU-wide Online Dispute Resolution system for eCommerce transactions by
2012;

Issue a Code of EU Online Rights by 2012 that summarises existing digital user rights in the EU in a clear and
accessible way, complemented by an annual sweep of breaches of online consumer protection law and
appropriate enforcement measures, in coordination with the European Network of Consumer Protection
Agencies;

Create a stakeholder platform by 2012 for EU online trustmarks, notably for retail websites.
Other actions:

Issue a Green Paper addressing the opportunities and challenges of online distribution of audiovisual works
and other creative content by 2010;

Evaluate by end 2010 the impact of the e-Commerce Directive on online markets and make concrete
proposals.
EYOU
GUIDE
The European Commission launched the eYouGuide on 5 May 2009, an online tool giving practical advice on the
"digital rights" consumers have under EU law. This guide, which responds to a call from the European Parliament,
addresses consumer issues like the rights towards a broadband provider, shopping on the web, downloading music
and protecting your personal data online and on social networking sites. The Digital Agenda foresees an update of the
guide turning it into a Code of EU Online Rights.
http://ec.europa.eu/eyouguide
43
Chapter Three. CULTURE
3.1 Introduction
Culture policy is in the responsibility of national governments and thus not counted among the competencies of the
European Union. Nevertheless, the Commission is able to support the activities of the Member States by setting up
programmes and funding actions, to promote cooperation and exchange within the culture sector, encourage the
preservation of cultural items and stimulate the circulation of work.
The UNESCO Convention on Protection and Promotion of the Diversity of Cultural Expressions (Paris, 20 October
2005) entered into force in March 2007, the European Commission and most of its Members States having ratified it.
The Convention foresees that countries have to promote cultural diversity and this should also be reflected in their
international agreements and in the implementation of such agreements. The Convention on the Protection and
Promotion of the Diversity of Cultural Expressions is a legally-binding international agreement that ensures artists,
cultural professionals, practitioners and citizens worldwide can create, produce, disseminate and enjoy a broad range
of cultural goods, services and activities, including their own.
The Union’s aim to preserve and support the cultural diversity in Europe and to make culture accessible is mentioned
for the first time in the Maastricht Treaty, which formally recognises the cultural dimension of European Integration in
1992. In May 2007 the European Commission issued its first policy document on culture, called ‘the European agenda
for culture in a globalising world’, which establishes three objectives: cultural diversity and intercultural dialogue
(including the promotion of mobility), culture as a catalyst for creativity (focusing on the potential of the culture and
creative industries) and culture as a key component in international relations.
In order to implement these strategic objectives, the European Agenda for culture falls back on the Open Method of
Coordination (OMC). It includes a structured dialogue between the Commission and stakeholders in the cultural
sector, currently divided in three platforms:
on access to culture, on cultural and creative industries and for
intercultural Europe.
3.2 Treaty Basis
Article 167 TFEU (ex Article 151 TEC)
1. The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national
and regional diversity and at the same time bringing the common cultural heritage to the fore.
44
2. Action by the Union shall be aimed at encouraging cooperation between Member States and, if necessary,
supporting and supplementing their action in the following areas:
-Improvement of the knowledge and dissemination of the culture and history of the European peoples,
-Conservation and safeguarding of cultural heritage of European significance,
-Non-commercial cultural exchanges
-Artistic and literary creation, including in the audiovisual sector
3. The Union and the Member States shall foster cooperation with third countries and the competent international
organisations in the sphere of culture, in particular the Council of Europe.
4. The Union shall take cultural aspects into account in its action under other provisions of the Treaties, in particular
in order to respect and to promote the diversity of its cultures.
5. In order to contribute to the achievement of the objectives referred to in this Article:
-The European Parliament and the Council acting in accordance with the ordinary legislative procedure and after
consulting the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws
and regulations of the Member States,
-The Council, on a proposal from the Commission, shall adopt recommendations.
3.3 Institutional Responsabilities
European Commission
Androulla Vassiliou, Commissionerand responsible for Education, Culture, Multilingualism and
Youth
DG Culture and Education
European Parliament
Committee on Culture and Education (CULT)
Committee on Employment and Social Affairs
Council of the EU
Education, Youth and Culture Council
Committee on Cultural Affairs (K.3)
(EMPL)
45
Others:
- United Nations Educational, Scientific and Cultural Organizations (UNESCO)
- The Education, Audiovisual and Culture Executive Agency (EACEA), pending from DG Culture and Education, DG
Communication and DG EuropeAid Development and Co-operation.
3.4 Political Agreements
CULTURE PROGRAMME
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions on a European Agenda for Culture in a
globalizing world COM (2007) 242 final
This Communication explores the relationship between culture and Europe in a globalizing world and proposes
objectives for a new EU agenda for culture. This agenda is to be shared by all stakeholders (the Commission, Member
States and involving civil society and the European Parliament). The Commission therefore also seeks to establish
new partnerships and methods for cooperation between them.
It establishes three main objectives to guide the EU actions concerning culture: promotion of cultural diversity and
intercultural dialogue; promotion of culture as a catalyst for creativity in the framework of the Lisbon Strategy for
growth and jobs; promotion of culture as a vital element in the Union's international relations.
This three objectives concrete in specific actions for each actor:
• for the Member States and their regions, this would mean further developing their policies in these areas
with reference to common objectives and an endeavour to steer joint activities inter alia through an open
method of coordination and exploring opportunities offered by EU funding;
• for stakeholders in the field of culture, such as professional organisations, cultural institutions, nongovernmental organisations, European networks, foundations, etc., this would mean a close engagement in
dialogue with EU institutions and support for the development of new EU policies and actions, as well as
developing dialogue among themselves;
46
• for the Commission, this would mean mobilising its internal and external policies, Community funding
programmes, as well as a renewed role of animation, exchange of good practice and dialogue with the full
range of actors;
• for all actors, this would mean a renewed sense of partnership and ownership of EU action to achieve these
objectives.
Resolution of the Council of 16 November 2007 on a European Agenda for Culture O.J. C 287; 29.11.2007
Culture in a globalising world European Parliament resolution of 10 April 2008 on a European agenda
for culture in a globalising world (2007/2211(INI)) O.J. C 247E; 15.10.2009
Decision 1855/2006 of the European Parliament and of the Council of 12 December 2006 establishing
the Culture Programme (2007 to 2013) O.J. L 372 1; 27.12.2006
This decision establishes a financing and programming instrument for cultural cooperation for the period of 1 January
2007 to 31 December 2013. The Culture programme aims to achieve three main objectives: to promote cross-border
mobility of those working in the cultural sector; to encourage the transnational circulation of cultural and artistic
output; and to foster intercultural dialogue. It offers support to cultural cooperation actions, European organisations
active in the field of culture, as well as the collection and dissemination of information in the field of culture.
DIGITAL L IBRARIES
The EU Digital Libraries initiative’s aim is to make all Europe’s cultural resources and scientific records accessible to
all, and preserve it for future generations. The initiative focuses on scientific information and cultural heritage.
The Digital libraries initiative was launched in 2005 to boost the digital economy. It builds on work already done by
the Commission over a number of years.
After the letter of 28 April 2005 from six EU leaders to the Commission, suggesting a virtual European library, the
Commission drafted its i2010 Digital Libraries policy paper and the following Recommendation.
Commission Recommendation of 24 August 2006 on the digitisation and online accessibility of cultural
material and digital preservation O.J. C 297 1; 13.11.2006
47
Within the objective to make European content more widely available and more productive for new information
services and products, the Commission recommends Member States to gather information on national digitisation
initiatives, develop quantitative targets for digitisation, encourage partnerships, set up and sustain large scale
digitisation facilities and to promote a European digital library.
Progress across the EU was monitored and evaluated in 2008 by the Commission, followed by the launch of
Europeana’s prototype in November 2008.
In 2010 the ‘Comité des Sages’ was set up. The task of the group is to make Recommendations to the European
Commission, European cultural institutions and any stakeholders, on ways and means to make Europe's cultural
heritage and creativity available on the Internet and to preserve it for future generations, looking in particular at
funding sources, at how cultural organisations and the private sector can interact in the digital age, and at
responsibilities and solutions for digitising material that is in the public domain or still in copyright.
CULTURE DIVERSITY
Code of Conduct between the Council, the Member States and the Commission for the participation of
the Community and its Member States in meetings regarding the implementation of the Convention on
the Protection and Promotion of the Diversity of Cultural Expressions – 1 February 2007
This code sets out the informal arrangements between the Council, the Member States and the Commission in
preparation for the meetings regarding the implementation of the Convention on the Protection and Promotion of the
Diversity of Cultural Expressions.
Decision No 1904/2006/EC of the European Parliament and of the Council of 12 December 2006
establishing for the period 2007 to 2013 the programme Europe for Citizens to promote active
European citizenship O.J. L 378; 27.12.2006 (Application > 1 January 2007)
The aim is to promote dialogue between different cultures in Europe and help to raise awareness, either directly or
indirectly, about the common elements contributing to European identity.
CULTURE FOR DEVELOPMENT
The EC and its Member States have a strong mandate to support culture in ACP (Africa, Caribbean and Pacific)
countries under Article 27 of the Cotonou Partnership Agreement, which creates a comprehensive framework for
48
cultural cooperation that ranges from the mainstreaming of culture in development activities to the promotion of
intercultural dialogue, the preservation of cultural heritage, support to cultural industries and improved access to
European markets for ACP cultural goods and services.
Beyond the ACP framework, and for all developing countries with which cooperation is taking place, new instruments
within the new financing perspectives for 2007-20013 enable the Commission to better mobilise funding for culture in
EU external assistance.
CULTURE AND TRADE
The World Trade Organisation has invited the Commission to envisage the opportunity to negotiate provisions on
cultural cooperation with certain partners on an ad hoc basis.
A specific Cultural Cooperation Protocol, which implements some key provisions of the 2005 UNESCO Convention
regarding preferential treatment for developing countries' cultural goods and services as well as cultural practitioners,
has been drafted by the EU to be included in future trade agreements.
.The Cultural Cooperation Protocol was been already included in the Free Trade Agreements (FTA) with CARIFORUM
countries (2008) and South Korea (2010)
There is an article concerning the performing arts sector with specific actions in the FTA CARIFORUM:
Article 7 Performing arts
1. Subject to the provisions of article 7 of this Agreement, the Parties agree to cooperate, in conformity with their
respective legislation, including by facilitating increased contacts between practitioners of performing arts in areas
such as professional exchanges and training, inter alia participation in auditions, development of networks and
promotion of networking.
2. The Parties and the Signatory CARIFORUM States shall encourage joint productions in the fields of performing arts
between producers of one or several Member States of the European Community and one or several Signatory
CARIFORUM States.
49
3. The Parties and the Signatory CARIFORUM States shall encourage the development of international theatre
technology standards and the use of theatre stage signs, including through appropriate standardisation bodies. They
shall facilitate cooperation towards this objective
50
Chapter Four. ECONOMIC & MONETARY AFFAIRS
4.1 Introduction
The coordination of national economic policies enables the EU to act rapidly and coherently when facing economic
challenges such as the current economic and financial crises. Sixteen countries have pushed coordination even further
by adopting the euro as their currency. An Economic and Monetary Union (EMU), as provided for in Title VIII of the
Treaty of the Functioning of the European Community, involves close coordination of the economic policies of the
Member States at European level and requires Member States to avoid excessive budget deficits.
Decisions taken in this area are mostly broad political strategies and guidelines, which do not directly affect the live
performance sector. Therefore, only a minimum of information is provided below.
4.2 Treaty Basis
Article 119 TFEU (ex Article 4 TEC) - Monetary Policy
1. For the purposes set out in Article 3 of the Treaty on European Union, the activities of the Member States and the
Union shall include, as provided in the Treaties, the adoption of an economic policy which is based on the close
coordination of Member States’ economic policies, on the internal market and on the definition of common objectives,
and conducted in accordance with the principle of an open market economy with free competition.
2. Concurrently with the foregoing, and as provided in the Treaties and in accordance with the procedures set out
therein, these activities shall include a single currency, the euro, and the definition and conduct of a single monetary
policy and exchange-rate policy the primary objective of both of which shall be to maintain price stability and, without
prejudice to this objective, to support the general economic policies in the Union, in accordance with the principle of
an open market economy with free competition.
3. These activities of the Member States and the Union shall entail compliance with the following guiding principles:
stable prices, sound public finances and monetary conditions and a sustainable balance of payments.
51
Article 120 TFEU (ex Article 98 TEC) - Economic Policy
Member States shall conduct their economic policies with a view to contributing to the achievement of the objectives
of the Union, as defined in Article 3 of the Treaty on the European Union, and in the context of the broad guidelines
referred to in Article 121(2). The Member States and the Union shall act in accordance with the principle of an open
market economy with free competition, favouring an efficient allocation of resources, and in compliance with the
principles set out in Article 119.
Articles 121 > 144 TFEU for organisational information on these policy areas.
4.3 Institutional Responsabilities
European Commission
Olli Rehn, Commissioner and responsible for Economic and Monetary Affairs
Janusz Lewandowski, Commissioner and responsible for Financial Programming and Budget
DG Economic and Financial Affairs
DG Budget
European Parliament
Committee
on
Economic
and
Council of the EU
Monetary
Economic and financial affairs Council
Affairs (ECON)
Special committee on Financial, Economic
and Social Crisis (CRIS)
Others:
- European Central Bank (ECB)
- European Investment Bank (EIB)
52
4.4 Political Agreements
STABILITY AND GROWTH PACT
The Stability and Growth Pact (SGP) is a rule-based framework for the coordination of national fiscal policies in the
economic and monetary union (EMU). It was established to safeguard public finances, an important requirement for
EMU to function properly. The Pact consists of a preventive and a dissuasive arm.
Under the provisions of the preventive arm, Member States must submit annual stability or convergence programmes,
showing how they intend to achieve or safeguard sound fiscal positions in the medium term taking into account the
impending budgetary impact of population aging. The Commission assesses these programmes and the Council gives
its Opinion on them. The preventive arm includes two policy instruments.
The dissuasive part of the Pact governs the excessive deficit procedure (EDP). The EDP is triggered by the deficit
breaching the 3% of GDP threshold of the Treaty. If it is decided that the deficit is excessive in the meaning of the
Treaty, the Council issues recommendations to the Member States concerned to correct the excessive deficit and
gives a time frame for doing so. Non compliance with the recommendations triggers further steps in the procedures,
including for euro area Member States the possibility of sanctions.
EUROSYSTEM
Economic and monetary union (EMU) in general, and the euro in particular, is designed to create the foundation for
sustainable long-term economic growth by providing macroeconomic stability, while, at the same time, constituting a
natural complement to Europe’s single market. The introduction of the single currency on 1 January 1999 and the
introduction of the euro banknotes and coins on 1 January 2002 are two key events in the history of the European
Union. Today, euro banknotes and coins are legal tender in 17 (Belgium, Germany, Estonia, Ireland, Greece,
Spain, France, Italy, Cyprus, Luxembourg, Malta, The Netherlands, Austria, Portugal, Slovenia, Slovakia
and Finland ) of the 27 Member States of the European Union, including the overseas departments, territories and
islands which are either part of, or associated with, euro area countries. These countries form the euro area. The
micro-states of Monaco, San Marino and Vatican City also use the euro, on the basis of a formal arrangement with the
European Community. Andorra, Montenegro and Kosovo likewise use the euro, but without a formal arrangement.
The decision to form an Economic and Monetary Union was taken by the European Council in the Dutch city of
Maastricht in December 1991, and was later enshrined in the Treaty on European Union (the Maastricht Treaty).
Economic and Monetary Union takes the EU one step further in its process of economic integration, which started in
1957 when it was founded. Economic integration brings the benefits of greater size, internal efficiency and robustness
53
to the EU economy as a whole and to the economies of the individual Member States. This, in turn, offers
opportunities for economic stability, higher growth and more employment – outcomes of direct benefit to EU citizens.
In practical terms, EMU means:

Coordination of economic policy-making between Member States

Coordination of fiscal policies, notably through limits on government debt and deficit

An independent monetary policy run by the European Central Bank (ECB)

The single currency and the euro area
When the euro came into being, monetary policy became the responsibility of the independent European Central Bank
(ECB), which was created for that purpose, and the national central banks of the Member States having adopted the
euro. Together they compose the Eurosystem. Fiscal policy (tax and spending) remains in the hands of individual
national governments – though they undertake to adhere to commonly agreed rules on public finances known as the
Stability and Growth Pact. They also retain full responsibility for their own structural policies (labour, pension and
capital markets), but agree to co-ordinate them in order to achieve the common goals of stability, growth and
employment.
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Chapter Five. EDUCATION
5.1 Introduction
The same as for Culture applies to Education: it is up to the Member States to define their own policy. However, they
set common goals and share best practices at EU level. Several EU policy initiatives directly affect the performing arts
sector; e.g. vocational training, the Bologna process and lifelong learning.
The European aim to improve mobility by providing tools is important to the performing arts sector. It is reflected in
several frameworks and systems, such as the European Qualifications Framework for lifelong learning (EQF), the
European credit system for vocational education and training (ECVET), the European credit transfer and accumulation
system (ECTS) and Europass, which are tools promoting lifelong learning.
The transparency of training programmes and education is particularly important for technical staff when touring or
working outside their home countries.
The guiding principle in most of today’s EU initiatives in the area of education is ‘New skills for new jobs’, which is
about making it easier for people to get the right skills and competences and to be able to use them in the
appropriate jobs, thereby focusing on what jobs will be needed in the future and to help people develop their skills
through training.
5.2 Treaty Basis
Article 165 (ex Article 149 TEC)
1. The Union shall contribute to the development of quality education by encouraging cooperation between Member
States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the
Member States for the content of teaching and the organisation of education systems and their cultural and linguistic
diversity.
The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature
of sport, its structures based on voluntary activity and its social and educational function.
2. Union action shall be aimed at:
55
— developing the European dimension in education, particularly through the teaching and dissemination of the
languages of the Member States,
— encouraging mobility of students and teachers, by encouraging inter alia, the academic recognition of diplomas and
periods of study,
— promoting cooperation between educational establishments,
— developing exchanges of information and experience on issues common to the education systems of the Member
States,
— encouraging the development of youth exchanges and of exchanges of socio-educational instructors, and
encouraging the participation of young people in democratic life in Europe,
— encouraging the development of distance education,
— developing the European dimension in sport, by promoting fairness and openness in sporting competitions and
cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen
and sportswomen, especially the youngest sportsmen and sportswomen.
3. The Union and the Member States shall foster cooperation with third countries and the competent international
organisations in the field of education and sport, in particular the Council of Europe.
4. In order to contribute to the achievement of the objectives referred to in this Article:
- The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, after
consulting the Economic and Social Committee and the Committee of the Regions, shall adopt incentive measures,
excluding any harmonisation of the laws and regulations of the Member States
- The council, on a proposal from the Commission, shall adopt recommendations
Article 166 (ex Article 150 TEC)
1. The Union shall implement a vocational training policy which shall support and supplement the action of the
Member States, while fully respecting the responsibility of the Member States for the content and organisation of
vocational training.
2. Union action shall aim to:
56
— facilitate adaptation to industrial changes, in particular through vocational training and retraining,
— improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into
the labour market,
— facilitate access to vocational training and encourage mobility of instructors and trainees and particularly young
people,
— stimulate cooperation on training between educational or training establishments and firms,
— develop exchanges of information and experience on issues common to the training systems of the Member States.
3. The Union and the Member States shall foster cooperation with third countries and the competent international
organisations in the sphere of vocational training.
4. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after
consulting the Economic and Social Committee and the Committee of the Regions, shall adopt measures to contribute
to the achievement of the objectives referred to in this Article, excluding any harmonisation of the laws and
regulations of the Member States, and the Council, on a proposal from the Commission, shall adopt
recommendations.
5.3 Institutional Responsabilities
European Commission
Androulla Vassiliou, Commissionerand responsible for Education, Culture, Multilingualism and
Youth
DG Culture and Education
European Parliament
Committee on Culture and Education (CULT)
Committee on Employment and Social Affairs
Council of the EU
Education, Youth and Culture Council
Education Committee (K.1)
(EMPL)
Others:
- United Nations Educational, Scientific and Cultural Organizations (UNESCO)
57
- The Education, Audiovisual and Culture Executive Agency (EACEA)
- European Training Foundation
- EURYDICE – The information network on education in Europe
5.4 Political Agreements
5.4.1 EDUCATION
Council Conclusions of 12 May 2009 on a strategic framework for European cooperation in education
and training (ET 2020) O.J. C 119; 28.05.2009
These conclusions provide for a strategic framework for European cooperation in education and training up until
2020. It builds on the achievements of the ‘Education and Training 2010’ (ET 2010) work programme, with a view to
responding to the challenges that remain in creating a knowledge-based Europe and making lifelong learning a reality
for all.
The main aim of the framework is to support Member States in further developing their educational and training
systems. These systems should better provide the means for all citizens to realise their potentials, as well as ensure
sustainable economic prosperity and employability. The framework should take into consideration the whole spectrum
of education and training systems from a lifelong learning perspective, covering all levels and contexts (including nonformal and informal learning).
The four main strategic objectives for the framework are:
•
Making lifelong learning and mobility a reality
•
Improving the quality and efficiency of education and training
•
Promoting equity, social cohesion and active citizenship
•
Enhancing creativity and innovation, including entrepreneurship, at all levels of education and training
Communication from the Commission of 16 December 2008 to the European Parliament, the Council,
the European Economic and Social Committee and the Committee of the Regions - New Skills for New
Jobs, Anticipating and matching labour market and skill needs COM (2008) 868 final
58
Across Europe, technological change, globalisation, the shift to a low-carbon economy, ageing populations and the
evolution of social structures all mean that both labour markets and the skills people need change ever faster.
Therefore the EU seeks to anticipate future needs. The European Commission proposed to improve the monitoring of
short-term trends and to develop tools for better matching of skills and job vacancies on the European labour market.
(>Supra: see chapter 6.4 Employment & Social Affairs. COM (2010) an agenda for new skills and jobs. Page 71 )
The Bologna Declaration of 19 June 1999 – Joint declaration of the European Ministers of Education
The Bologna Declaration initiated the Bologna process. This process aims to introduce a system of academic degrees
that are easily recognisable and comparable, promote the mobility of students, teachers and researchers, ensure high
quality teaching and incorporate the European dimension into higher education. Today, 47 countries participate in the
Bologna process.
AGENCIES
Most initiatives in the area of Education are supported by the work of the following two agencies.
Cedefop, established by the Council Regulation 337/75 of 10 February 1975, is the European Agency to promote the
development of vocational education and training (VET) in the European Union. Cedefop works to promote a
European area of lifelong learning throughout the EU by providing information on and analyses of vocational
education and training systems, policies, research and practice. Originally based in Berlin, in 1995 Cedefop's head
office was transferred to Thessaloniki.
The European Training Foundation is an agency of the European Union based in Turin, Italy. It was established by
Council Regulation 1339/2008 (recast) to contribute to the development of the education and training systems of the
EU partner countries. It became operational in 1994.
Decision 1720/2006 of the European Parliament and of the Council of 15 November 2006 establishing
an action programme in the field of lifelong learning O.J. L 327 45; 24.11.2006
The Action Programme aims to foster interchange, cooperation and mobility between education and training systems
within the Community. One of the specific objectives of the programme is to help promote creativity.
59
The programme is divided into six sub-programmes, four of which are sectorial. They are all structured in the same
way and address the teaching and learning needs of all participants, as well as of the institutions and organisations
providing or facilitating education and training in each respective sector. All the actions incorporate mobility, language
and new technology.
The most important sub-programmes for our sector are the Leonardo da Vinci and the Grundtvig programme
addressing vocational education and training and adult education.
5.4.2 VOCATIONAL EDUCATION AND TRAINING (VET)
The European Commission acts together with EU Member States and other countries to strengthen VET across
Europe. The ‘Copenhagen Process’, established in 2002, lays out the basis for co-operation in VET, with 32 European
countries involved.
Communication from the Commission of 9 June 2010 to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions on a new impetus for
European cooperation in Vocational Education and Training to support the Europe 2020 strategy
COM (2010) 296 final
The European Commission presented a 10 year vision for the future of vocational education and training in the
Communication. In its Europe 2020 strategy the Commission identifies VET as a tool to help meet Europe’s immediate
and future skill needs; and, in parallel, to reduce the social impact of and facilitate recovery from the crisis. The
Commission stresses the importance of flexible access to training and qualifications and the urgent need to
strengthen the mobility in the area of VET. It states that it is the employer’s role to provide their employees with
opportunities for intensive periods of training. Social partners on the other hand, should be supported to play their
part in the organisation, provision and financing of training, but should also play an active role in promoting and
facilitating mobility.
Apart from this, efficiency and quality should increase the attractiveness and excellence of VET and its focus should
be on creativity, innovation and entrepreneurship, so reflecting the needs of today’s society.
A number of EU initiatives seek to enhance the transparency, recognition and quality of competences and
qualifications, facilitating the mobility of learners and workers. These include the European Qualifications Framework
(EQF), Europass, the European Credit System for VET (ECVET) and the European Quality Assurance Reference
Framework for VET (EQARF). These initiatives were also set out in the Copenhagen Declaration of 29 and 30
November 2002 on enhanced European cooperation in vocational education and training.
60
Recommendation from the European Parliament and the Council of 18 June 2009 on the establishment
of a European Quality Assurance Reference Framework for Vocational Education and Training O.J. C 155
1; 08.07.2009
The European Quality Assurance Reference Framework is a reference instrument to help authorities of Member States
promote and monitor the improvement of their systems of vocational education and training (VET). The Framework
gives new impetus to transparency, and thus to mobility, by offering a common tool.
Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment
of a European Credit System for Vocational Education and Training (ECVET) O.J. C 155 11; 08.07.2009
ECVET is a technical framework for the transfer, recognition and, where appropriate, accumulation of individuals’
learning outcomes with a view to achieving a qualification.
It aims to improve the general understanding of citizens’ learning outcomes and their transparency, transnational
portability and mobility across and where appropriate, within Member States. ECVET’s tools and methodology
comprise the description of qualifications in terms of units of learning outcomes with associated points, a transfer and
accumulation process and complementary documents such as learning agreements, transcripts of records and ECVET
users’ guides.
Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment
of the European Qualifications Framework for lifelong learning O.J. C 111 1; 06.05.2008
By making competences and qualifications more transparent, the aim of the European Qualifications Framework
(EQF) is to be an instrument for the promotion of lifelong learning.
The framework covers both higher education and vocational training and intends to make it easier for individuals in
the EU to communicate the relevant information concerning their competences and their qualifications, to judge the
relative value of qualifications and improve employers’ ability to judge the profile, content and relevance of the
qualifications in the labour market. EQF is based on learning outcomes and makes reference to skills, competences
and knowledge. EQF is designed to supplement national qualification systems by facilitating cooperation between
them.
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Chapter Six. EMPLOYMENT & SOCIAL AFFAIRS
6.1 Introduction
The EU regulates many fields regarding social affairs; although Member States still have major competences in this
area. The Union’s strategy to create growth and jobs in a sustainable manner is called the ‘Lisbon Strategy’. Priority
aims are to increase workers’ mobility, provide better education and skills, and improve the quality of jobs as well as
working conditions, to combat poverty and social exclusion, to promote gender equality and to coordinate and adapt
social protection systems to challenges of the knowledge society.
The coordination of Social Security systems among EU Member State is an important tool for the highly mobile live
performance sector with its particular working patterns.
The Lisbon Treaty enhances the social dimension of Europe by introducing new rights for European workers, new
policy objectives as well as new means of decision making at EU level. It also confirms the role of social partners and
enhances social dialogue.
The International Labour Organization is the United Nations agency responsible for drawing up and overseeing
international labour standards. It is the only 'tripartite' United Nations body that brings together representatives of
governments, employers and workers to jointly shape policies and programmes promoting Decent Work for all. This
unique arrangement gives the ILO an edge in incorporating 'real world' knowledge about employment and work.
6.2 Treaty Basis
EMPLOYMENT
Article 2 TEU
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and
respect for human rights, including the rights of persons belonging to minorities. These values are common to the
Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between
women and men prevail.
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Article 19 TFEU (ex Article 13 TEC)
1. Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them
upon the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining
the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or
ethnic origin, religion or belief, disability, age or sexual orientation.
2. By way of derogation from paragraph 1, the European Parliament and the Council, acting in accordance with the
ordinary legislative procedure, may adopt the basic principles of Union incentive measures, excluding any
harmonisation of the laws and regulations of the Member States, to support action taken by the Member States in
order to contribute to the achievement of the objectives referred to in paragraph 1.
Article 45 TFEU (ex Article 39 TEC)
1. Freedom of movement for workers shall be secured within the Union.
2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of
the Member States as regards employment, remuneration and other conditions of work and employment.
3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the
employment of nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which
shall be embodied in regulations to be drawn up by the Commission.
4. The provisions of this Article shall not apply to employment in the public service.
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Article 46 TFEU (ex Article 40 TEC)
The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after
consulting the Economic and Social Committee, issue directives or make regulations setting out the measures
required to bring about freedom of movement for workers, as defined in Article 45, in particular:
(a) by ensuring close cooperation between national employment services;
(b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for
available employment, whether resulting from national legislation or from agreements previously concluded between
Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;
(c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or
under agreements previously concluded between Member States as imposed on workers of other Member States
conditions regarding the free choice of employment other than those imposed on workers of the State concerned;
(d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment
and to facilitate the achievement of a balance between supply and demand in the employment market in such a way
as to avoid serious threats to the standard of living and level of employment in the various regions and industries.
Article 47 TFEU (ex Article 41 TEC)
Member States shall, within the framework of a joint programme, encourage the exchange of young workers.
Article 48 TFEU (ex Article 42 TEC)
The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, adopt
such measures in the field of social security as are necessary to provide freedom of movement for workers; to this
end, they shall make arrangements to secure for employed and self- employed migrant workers and their
dependants:
(a) Aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of
benefit, of all periods taken into account under the laws of the several countries;
(b) Payment of benefits to persons resident in the territories of Member States.
65
Where a member of the Council declares that a draft legislative act referred to in the first subparagraph would affect
important aspects of its social security system, including its scope, cost or financial structure, or would affect the
financial balance of that system, it may request that the matter be referred to the European Council. In that case, the
ordinary legislative procedure shall be suspended. After discussion, the European Council shall, within four months of
this suspension, either:
(a) Refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure; or
(b) Take no action or request the Commission to submit a new proposal; in that case, the act originally proposed shall
be deemed not to have been adopted.
SOCIAL AFFAIRS
Article 3 TFEU (ex Article 2 TEU)
1. The Union’s aim is to promote peace, its values and the well-being of its peoples.
2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the
free movement of persons is ensured in conjunction with appropriate measures with respect to external border
controls, asylum, immigration and the prevention and combating of crime.
3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on
balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment
and social progress, and a high level of protection and improvement of the quality of the environment. It shall
promote scientific and technological advance.
It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between
women and men, solidarity between generations and protection of the rights of the child.
It shall promote economic, social and territorial cohesion, and solidarity among Member States.
It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded
and enhanced.
4. The Union shall establish an economic and monetary union whose currency is the euro.
66
5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to
the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity
and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in
particular the rights of the child, as well as to the strict observance and the development of international law,
including respect for the principles of the United Nations Charter.
6. The Union shall pursue its objectives by appropriate means commensurate with the competences which are
conferred upon it in the Treaties.
Article 48 TFEU (ex Article 42 TEC)
(>Supra: see section on employment. Page 63)
Article 151 TFEU (ex Article 136 TEC)
The Union and the Member States, having in mind fundamental social rights such as those set out in the European
Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social
Rights of Workers, shall have as their objectives the promotion of employment, improved living and working
conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social
protection, dialogue between management and labour, the development of human resources with a view to lasting
high employment and the combating of exclusion.
To this end the Union and the Member States shall implement measures which take account of the diverse forms of
national practices, in particular in the field of contractual relations, and the need to maintain the competitiveness of
the Union’s economy.
They believe that such a development will ensue not only from the functioning of the internal market, which will favor
the harmonisation of social systems, but also from the procedures provided for in the Treaties and from the
approximation of provisions laid down by law, regulation or administrative action.
Article 152 TFEU
The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of
national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.
67
The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.
Article 153 TFEU (ex Article 137 TEC)
1. With a view to achieving the objectives of Article 151, the Union shall support and complement the activities of the
Member States in the following fields:
(a) improvement in particular of the working environment to protect workers’ health and safety;
(b) working conditions;
(c) social security and social protection of workers;
(d) protection of workers where their employment contract is terminated;
(e) the information and consultation of workers;
(f) representation and collective defence of the interests of workers and employers, including co-determination,
subject to paragraph 5;
(g) conditions of employment for third-country nationals legally residing in Union territory;
(h) the integration of persons excluded from the labour market, without prejudice to Article 166;
(i) equality between men and women with regard to labour market opportunities and treatment at work;
(j) the combating of social exclusion;
(k) the modernisation of social protection systems without prejudice to point (c).
2. To this end, the European Parliament and the Council:
(a) may adopt measures designed to encourage cooperation between Member States through initiatives aimed at
improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and
evaluating experiences, excluding any harmonisation of the laws and regulations of the Member States;
(b) may adopt, in the fields referred to in paragraph 1(a) to (i), by means of directives, minimum requirements for
gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States.
Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the
creation and development of small and medium-sized undertakings.
68
The European Parliament and the Council shall act in accordance with the ordinary legislative procedure after
consulting the Economic and Social Committee and the Committee of the Regions.
In the fields referred to in paragraph 1(c), (d), (f) and (g), the Council shall act unanimously, in accordance with a
special legislative procedure, after consulting the European Parliament and the said Committees.
The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament, may
decide to render the ordinary legislative procedure applicable to paragraph 1(d), (f) and (g).
3. A Member State may entrust management and labour, at their joint request, with the implementation of directives
adopted pursuant to paragraph 2, or, where appropriate, with the implementation of a Council decision adopted in
accordance with Article 155.
In this case, it shall ensure that, no later than the date on which a directive or a decision must be transposed or
implemented, management and labour have introduced the necessary measures by agreement, the Member State
concerned being required to take any necessary measure enabling it at any time to be in a position to guarantee the
results imposed by that directive or that decision.EN 30.3.2010 Official Journal of the European Union C 83/115
4. The provisions adopted pursuant to this Article:
— shall not affect the right of Member States to define the fundamental principles of their social security systems and
must not significantly affect the financial equilibrium thereof,
— shall not prevent any Member State from maintaining or introducing more stringent protective measures
compatible with the Treaties.
5. The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to
impose lock-outs.
Article 174 TFEU (ex Article 158 TEC)
In order to promote its overall harmonious development, the Union shall develop and pursue its actions leading to the
strengthening of its economic, social and territorial cohesion.
69
In particular, the Union shall aim at reducing disparities between the levels of development of the various regions and
the backwardness of the least favoured regions.
Among the regions concerned, particular attention shall be paid to rural areas, areas affected by industrial transition,
and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost
regions with very low population density and island, cross- border and mountain regions.
6.3 Institutional Responsabilities
European Commission
László Andor, Commissioner and responsible for Employment, Social Affairs and Inclusion
DG Employment
European Parliament
Council of the EU
Committee on Employment and Social Affairs
Employment, Social Policy, Health and Consumer
(EMPL)
Affairs Council (I.3)
Others:
- European Social Fund
- International Labour Organization (ILO)
- European Foundattion for the Improvement of Living and Working Conditions (Dublin Foundation)
o
European Monitoring Centre for Change (EMCC)
- Administrative Commission on Social Security (MS Representatives)
-Advisory Committee on Social Security for migrant workers (MS and Social Partners)
70
PARTICULARITIES OF SOCIAL AFFAIRS
Open Method of Coordination
Through the Open Method of Coordination (OMC) on social protection and social inclusion, the EU provides a
framework for national strategy development, as well as for policy coordination between EU countries on issues
relating to poverty and social exclusion, health care and long-term care as well as pensions.
The OMC is a voluntary process for intergovernmental cooperation based on soft law mechanisms such as
agreements on common objectives or common indicators, which can measure progress towards the defined goals.
National governments translate the common objectives into national plans – submitted as national strategic reports.
The national reports are jointly assessed by the Commission and the Council. Both of them reflect upon what EU
initiatives have achieved in individual countries. The open method of coordination also aims to develop a mutual
learning process involving the scrutiny of specific policies, programmes or institutional arrangements presented as
good practices in the national strategic reports.
Social Dialogue
Article 154 TFEU requires the Commission to ‘consult management and labour on the possible direction of Union
action’. Once the Commission concludes that action is required, it again consults the European social partners on the
content of any eventual proposal.
Comment
As an employers association, Pearle* is recognized by European Commission DG Employment as sectoral social
partner, which gives it the right to participate in the social partners consultations. This process enables European
social partners to directly influence the drafting of policy proposals. Moreover, social partners may suspend the
Commission initiative whilst deciding to enter into negotiations. In the European sectoral social dialogue committee
‘live performance’, social partners discuss issues of common interest to the sector which directly affect the industrial
relations and work environment. Social partners regularly undertake joint initiatives in the form of projects,
statements, positions, and actions.
71
Social Protection Committee
The Social Protection Committee (SPC) is a Treaty-based Committee (Article 160 TFEU) which was formally created
through a Council Decision in 2000 and 2004.
The SPC conduces to a cooperative exchange between Member States and the European Commission in the
framework of the Open Method of Coordination on social inclusion, health care and long-term care as well as on
pensions (Social OMC).
6.4 Political Agreements
Communication from the Commission to the Council, the European Parliament, the European Economic
and Social Committee and the Committee of the Regions - Promoting decent work for all - The EU
contribution to the implementation of the decent work agenda in the world COM (2006) 249 final
This Communication proposes political guidelines to strengthen the EU contribution to the decent work agenda of
the International Labour Organisation (ILO). It champions a global approach in order to act both on the defence of
fundamental social rights and on the conditions of economic and social development. This strategy should be adapted
to the situation of each country.
See also the Decent Work Agenda, developed by the International Labour Organization. It provides support
through integrated Decent Work Country Programmes developed in coordination with its constituents.
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions of 27 June 2007, entitled Towards Common
Principles of Flexicurity: More and better jobs through flexibility and security COM (2007) 359
The flexicurity strategy has three objectives: achieving full employment, increasing productivity and quality at work
and promoting cohesion. Flexicurity is about striking the right balance between flexible job arrangements and secure
transitions between jobs, so that more and better jobs can be created.
72
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions - Renewed social agenda: Opportunities,
access and solidarity in 21st century Europe COM (2008) 0412 final
An ambitious agenda, aiming to respond effectively to today's economic and social challenges was adopted by the
European Commission on 2 July 2008. The renewed social agenda aims to create more opportunities for EU citizens,
improve access to quality services and demonstrate solidarity with those who are affected negatively by change. The
renewed social agenda brings together a range of EU policies in order to support action in seven priority areas:
Children and youth; Investing in people: more and better jobs, new skills; Mobility; Longer and healthier lives;
Combating poverty and social exclusion; Fighting discrimination and promoting gender equality; Opportunities, access
and solidarity on the global scene.
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions
- An agenda for new skills and jobs: a
European contribution towards full employment COM (2010) 682 final
The main goal of this Communication is to achieve by 2020 an employment rate for women and men of 75 % for the
20-64 years age group. This objective is one of the five headline targets of the Europe 2020 Strategy for smart,
sustainable and inclusive growth. The 'Agenda for new skills and jobs' will boost inclusive growth by raising the
employment rate with more and better jobs, helping people of all ages anticipate and manage change by equipping
them with the right skills and competences, modernising labour markets and welfare systems, and ensuring the
benefits of growth reach all parts of the EU. At the same time EU employment policies must help shape the transition
to a green economy.
To achieve these objectives, the Commission is proposing actions across 4 main areas: To make Europe's labour
markets function better, equip people with the right skills for employment, improve job quality and working
conditions, and create jobs.
(>Supra: see chapter 5. Education. COM (2008) New Skills for new jobs. Page 56)
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6.5 Protection of Employees Rights
IN GENERAL
Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the
conditions applicable to the contract or employment relationship O.J. L 288 32; 18.10.1991 (Implementation
> 30 June 1993)
In view of the number of types of employment relationship, this Directive aims to provide employees with improved
protection of their rights and to create greater transparency on the labour market. It applies to all paid employees
having a contract or employment relationship defined and/or governed by the law in force in a Member State,
although Member States may exclude those with a contract/relationship with a total duration not exceeding one
month, or with a working week not exceeding eight hours. The obligations on the employer to provide specific types
of information are given in detail.
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the
posting of workers in the framework of the provision of services O.J. L 018 01;
21.01.1997
(Implementation > 17 December 1999)
To guarantee that the rights and working conditions of a posted worker are protected throughout the European
Union, and to avoid "social dumping" where foreign service providers can undercut local service providers because
their labour standards are lower, this Directive establishes a core of mandatory rules regarding the terms and
conditions of employment to be applied to an employee posted to work in another Member State. These rules reflect
the standards of local workers in the host Member State The idea is that where a Member State has certain minimum
terms and conditions of employment, these must also apply to workers posted to that State. However, there is
nothing to stop the employer applying working conditions which are more favourable to workers such as, for instance,
those of the sending Member State.
The core of mandatory rules on posting covers a wide range of issues such as maximum work periods and minimum
rest periods, minimum paid annual leave, minimum rates of pay, equal treatment and the conditions of hiring out
workers, in particular the supply of workers by temporary employment undertakings.
Comment
74
In the course of 2011 a proposal on the implementation of the posted Workers’ Directive is expected. The initiative
will clarify the legal obligations for national authorities, business and workers on the Directive’s implementation and
ensure that the same rules are universally applicable.
Commission Decision of 19 December 2008 setting up the Committee of Experts on Posting of Workers
(2009/17/EC) O.J. L 8; 13.1.2009 (Implementation > 13 January 2009)
The Committee of experts in the field of posting of workers should support and assist Member States in identifying
and exchanging experience and good practice, promote the exchange of relevant information, examine any questions
and difficulties which might arise in the practical application of the posting of workers legislation, and closely follow
the progress achived in improving both access to information and administrative cooperation, including the
development of an electronic information exchange system.
Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States
relating to collective redundancies O.J. L 225 16; 12.08.98 (Consolidation of Council Directive 75/129/EEC, as
amended by Directive 92/56/EEC) (Implementation > consolidated directives)
Considering the differences between provisions in Member States and the possible direct effect on the functioning of
the internal market, the directive aims at harmonising Member States’ laws on the procedure and practical
arrangements for collective redundancies. It tightens up the conditions applicable to collective redundancy decisions.
Seen the importance of greater protection of workers in the event of collective redundancies, an employer will be
obliged to consultation with workers’ representatives and notification of public authorities when contemplating
collective redundancies.
Directive 2009/38 of the European Parliament and of the Council of 6 May 2009 on the establishment
of a European Works Council or a procedure in Community-scale undertakings and Community-scale
groups of undertakings for the purposes of informing and consulting employees O.J. L 122 28, 16.5.2009
(Implementation > 5 June 2011)
The purpose of this Directive is to improve the right to information and consultation of employees in Community-scale
undertakings and Community-scale groups of undertakings. To that end, a European Works Council or a procedure
for informing and consulting employees shall be established in every Community-scale undertaking and every
Community-scale group of undertakings. ‘Community-scale undertaking’ means any undertaking with at least 1000
employees within the Member States and at least 150 employees in each of at least two Member States.
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SPECIFIC CONTRACTS
Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time
work concluded by UNICE, CEEP and the ETUC O.J. L 14 20.01.1998 (Implementation > 20/01/2000)
This Directive seeks to implement the Framework Agreement on part-time work concluded on 6 June 1997 between
the general cross-industry organisations. In the framework agreement Social Partners consider the impact of parttime work on employment and set out general principles and minimum requirements relating to it, asking Member
States to ensure equal treatment, to eliminate legal obstacles and fully develop the potential for part-time work.
Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term
work concluded by ETUC, UNICE and CEEP O.J. L 175, 10.7.1999 (Implementation > 10 July 2001)
This Directive seeks to implement the Framework Agreement on fixed-term work concluded between the general
cross-industry organisations on 18 March 1999. The Agreement sets out the general principles and minimum
requirements relating to fixed-term work, in order to ensure equal treatment of workers and to prevent abuse arising
from the use of successive employment contracts or relationships of this type.
Framework Agreement on Telework of 16 July 2002
The European Trade Union Confederation (ETUC), the Union of Industrial and Employers' Confederations of Europe /
the European Union of Crafts and Small and Medium-Sized Enterprises (UNICE/UEAPME), and the Centre of
Enterprises with Public Participation (ECPE) have signed this framework agreement on telework aimed at ensuring
greater security for teleworkers employed in the EU. The agreement defines telework as a form of organising and/or
performing work, using information technology, in the context of an employment contract/relationship, where work,
which could also be performed at the employer's premises, is carried out away from those premises on a regular
basis. The agreement recalls that teleworkers enjoy the general protection afforded to employees. Hence, the
intention was to define a general framework for the use of telework in such a way as to meet the needs of employers
and workers. The agreement identifies the key areas requiring adaptation or particular attention when people work
away from the employer’s premises, for instance data protection, privacy, health and safety, organisation of work,
training, etc. It shall be implemented by the members of the signing social partners within three years after the date
of signature.
(>Supra: see chapter 8.5.5 Health & Safety. Stress at work. Page 101)
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Council Directive 94/33 of 22 June 1994 on the protection of young people at work O.J. L 216 12;
20.08.1994 (Implementation > 22 June 1996)
The Directive applies to all young people under the age of 18 who have an employment contract or an employment
relationship. It provides that the Member States shall take the necessary measures to prohibit the employment of
children and shall ensure that the employment of adolescents is strictly controlled and protected under the conditions
provided for in the Directive. Member States are however allowed to stipulate exceptions to the ban on the
employment of children for e.g. children employed for the purposes of cultural, artistic, sporting or advertising
activities, subject to prior authorisation by the competent authority in each specific case. This authorisation is not
needed for children of at least 13 years when a Member State authorizes their employment for the above mentioned
purposes by means of legislation or regulation.
The Directive defines categories of young people as follows:
- Young people: young people under the age of 18;
- Children: young people under the age of 15 or who are still in full-time compulsory education in accordance
with national legislation;
- Adolescents: young people between the ages of 15 and 18 who are no longer in full-time compulsory
education in accordance with national legislation.
6.6 Equal Treatment
Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application
of the principle of equal treatment between men and women engaged in an activity in a self-employed
capacity and repealing Council Directive 86/613/EEC O.J. 180 1; 15.07.2010 (Implementation > 5 August
2012)
This Directive lays down a framework for putting into effect in Member States the principle of equal treatment
between men and women engaged in an activity in a self-employed capacity and their spouses or life partners.
The new directive entitles self-employed women and assisting female spouses of self-employed workers to maternity
benefits for the first time and creates autonomous social protection rights for the assisting spouses of self-employed
workers.
77
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal
treatment in employment and occupation O.J. L 303; 2.12.2000 (Implementation > 2 December 2003)
The purpose of this Directive is to lay down a general framework for combating discrimination on the grounds of
religion or belief, disability, age or sexual orientation as regards employment and occupation.
The Directive concerns the following areas:
-
Conditions of access to employed or self-employed activities, including promotion;
-
Vocational training;
-
Employment and working conditions (including pay and dismissals);
-
Membership of and involvement in an organisation of employers or workers or any other organisation whose
members carry on a particular profession.
These principles apply to the public sector and the private sector as well as for paid and unpaid work.
Directive 2006/54/EC of the European Parliament and of the Council on the implementation of the
principle of equal opportunities and equal treatment of men and women in matters of employment and
occupation O.J. L 204 23; 26/07/2006 (Implementation by 15 August 2008 - review by 15 February 2013)
(Consolidation of Directive 75/117/EEC; 76/207/CEE; 86/378/EEC; 97/80/EC)
To ensure the implementation of the principle of equal opportunities and equal treatment of men and women in
matters of employment and occupation, this Directive contains provisions to implement these principles in relation to
access to employment, including promotion and vocational training; in relation to working conditions including pay;
and in relation to occupational social security schemes. It also contains provisions to ensure that the implementation
is made more effectively by the establishment of appropriate procedures.
Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States
relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses
or parts of undertakings or businesses O.J. L 82 16; 22.03.2001 (Implementation > consolidated Directives)
(Consolidation of Directive 77/187/EEC, as amended by Directive 75/129/EEC)
The Directive spells out the obligations of the various parties involved, including the period during which the terms
and conditions are applicable, grounds for dismissal in the case of transfers, status and functions of employees’
representatives and provision of information.
78

Proposal for a Council Directive on implementing the principle of equal treatment between
persons irrespective of religion or belief, disability, age or sexual orientation COM (2008) 426
final – CNS 2008/0140
However the existing EU rules are already recognised as an effective tool to combat certain forms of discrimination: the
first directive prohibits discrimination on the grounds of race and ethnic origin (2000/43/EC) in a whole spectrum of
situations, extending far beyond the area of employment (i.e., in the provision of goods and services). On the other
hand, the second directive – which covers age, disability, sexual orientation and religion or belief – is limited to
discrimination in the field of employment (2000/78/EC). This is why the Commission proposed to prohibit discrimination
on grounds of disability, age, religion and belief as well as sexual orientation in the situations not covered by the existing
EU rules, i.e. beyond employment.
The Commission adopted a proposal for a directive which provides for protection from discrimination on grounds of age,
disability, sexual orientation and religion or belief beyond the workplace. This new directive would ensure equal
treatment in the areas of social protection, including social security and health care, education and access to and supply
of goods and services which are commercially available to the public, including housing. The directive will have no effect
on generally accepted practices such as discounts for senior citizens (e.g. bus fares and entrance to museums) or age
restrictions on access to certain goods (e.g. alcohol for young people) on grounds of public health. To ensure
effectiveness of the proposed measures, national equality bodies will give advice to victims of discrimination while civil
society organisations will also have the possibility to help victims in judicial and administrative procedures.
6.7 Working Time
Directive 2003/88/EC of the European Parliament and the Council of 4 November 2003 concerning
certain aspects of the organisation of working time O.J. L 299; 18.11.2003 (Implementation > 2 August 2004)
This Directive lays down minimum safety and health requirements for the organisation of working time. Hereto it
foresees minimum rest periods (daily, weekly, annually), a maximum weekly working time of 48 hours and specific
measures concerning night work and shift work. Certain flexibility is left to the Member States, who may change the
reference periods used for the calculation of the weekly rest period and the maximum weekly working time.
Also optional derogations regarding specific sectors or on agreement in collective agreements can be implemented by
Member States. e.g.: derogation from minimum rest periods in case of activities involving the need for continuity of
service or production as in cinematographic production.
>Revision:
79
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee, and the Committee of the Regions – Reviewing the Working Time Directive
(first-phase consultation of the social partners at European Union level under Article 154 of the TFEU)
COM(2010)106 final
In 2004, the Commission put forward a proposal to amend Directive 2003/88/EC, following wide consultations. The
proposal aimed to tackle a series of problems left unsolved by the existing legislation and case law of the Court of
Justice, namely to clarify the Directive's application to on-call time in certain sectors of work; to give more flexibility in
calculating weekly working time; and to review the individual opt-out from the 48-hour limit. However, in April 2009,
government representatives and the European Parliament concluded they could not reach agreement on the proposal,
despite lengthy negotiations.
In April 2010, the Commission launched a first consultation to take into account the social partners’ views and decide
whether a revision of the working time directive (2003/88/EC) is needed, and what the scope of such an initiative
should be. The results of the first consultation will be summarized in a second consultation document which will also
cover the content of any proposal for action. In parallel, the Commission also prepares an impact assessment.
Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the
protection of employees in the event of the insolvency of their employer O.J. L 283 36; 28.10.2008
(Consolidation of Council Directive 80/987/EEC, as amended by Directive 87/164/EEC and 2002/74/EC)
(Implementation > consolidated directives)
The Directive applies to employees’ claims arising from contracts of employment or work relations. Taking into
account protection of employees and balanced economic and social development in the Community, every Member
State has to foresee guarantee institutions to ensure payment of outstanding claims in case of insolvency of an
employer.
Directive 2008/104/EC of the European Parliament and the Council of 19 November 2008 on temporary
agency work OJ L 327; 5.12.2008 (Implementation by 5 December 2011 - review by 5 December 2013)
This Directive aims at ensuring the protection of temporary agency workers and improving the quality of temporary
agency work by ensuring the principle of equal treatment.
Implementing the Directive, Member States have to
ensure that working and employment conditions of temporary agency workers are at least those that would apply if
they had been recruited directly by the user undertaking to occupy the same job. Member states may establish
arrangements concerning the minimum conditions with the social partners, under the condition that they guarantee
the overall protection of temporary agency workers.
80
European Parliament resolution of 6 July 2010 on atypical contracts, secured professional paths, and
new forms of social dialogue (2009/2220(INI))
The Parliament invites the Council to adopt clear guidance and concrete measures aimed at safeguarding decent work
and quality employment and creating sustainable job opportunities in the framework of the EU2020 Strategy. Member
States are urged to put in place a more balanced and fair implementation of flexicurity principles.
Parliament draws particular attention to the special position of independent freelance workers because this form
of activity can represent a 'way in' or an alternative to the labour market. Given the growing popularity of this activity,
Members call for measures to be taken to minimise the burden of regulation and to encourage and support
independent freelancers in launching/growing independent freelance businesses and to promote lifelong learning for
this group.
(>Supra: see chapter 8.6 Health & Safety. Maternity and Parental Leave. Page 101)
6.8 Coordination of Social Security
Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the
coordination of social security systems O.J. L 200 1; 07.06.2004 (Application > 27 July 2009 – latest
modifications > 1 May 2010)
This Regulation aims to rationalise the concepts, rules and procedures concerning the coordination of the
Member States' social security systems. It stipulates that all persons residing in the territory of a Member State
are subject to the same obligations and enjoy the same benefits under the legislation of any Member State as
the nationals of that State.
When moving within the EU, Iceland, Liechtenstein, Norway or Switzerland, you will always be subject to the
legislation of only one country. The social security institutions will assess under which country's legislation you
are covered according to EU rules.
The EU rules on social security coordination apply to national legislation on:
•
Sickness, maternity and equivalent paternity benefits
81
•
Old-age pensions, pre-retirement and invalidity benefits
•
Survivors’ benefits and death grants
•
Unemployment benefits
•
Family benefits
•
Benefits in respect of accidents at work and occupational diseases
They do not cover:
•
A certain number of special cash benefits which are not based on contributions (noncontributory benefits)
•
Social and medical assistance
•
Taxation
As a basic rule, you are subject to the legislation of the country where you actually work as an employed or a
self-employed person. It doesn't matter where you live or where your employer is based.
If you work in a different EU country from the one where you live and you return to your country of residence
daily, or at least once a week, you are a cross-border worker (so-called "frontier worker"). The country where
you work is responsible for your social security benefits. Special rules apply to healthcare and unemployment.
If you are sent by your employer (or yourself, if you are self-employed) to work in another country for a
maximum of 24 months, you will remain insured in your country of origin. This is the case of so-called "posted
workers" to whom specific conditions apply.
If you work in several countries (touring):
•
If you pursue a substantial part of your activity, at least 25%, in your country of residence,
you will be covered by the legislation of that country.
•
If you don't pursue a substantial part of your activity in your country of residence, you will be
covered by the legislation of the country where the registered office or place of business of your
employer is situated.
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•
If you work for several employers, whose registered offices are in different countries, you will
be covered by the legislation of your country of residence; even if you don't pursue a substantial
part of your activity there.
•
If you are self-employed and you don't pursue a substantial part of your activity in your
country of residence, you will be covered by the legislation of the country where the centre of
interest of your activities is situated.
•
If you pursue an employed and a self-employed activity in different countries, you will be
insured in the country where you are employed.
Regulation 987/2009 of the European Parliament and of the Council of 16 September 2009 laying
down the procedure for implementing Regulation 883/2004 on the coordination of social security
systems O.J. L 284 1; 30.10.2009 (Application > 1 May 2010)
The implementation of the Regulation on the coordination of social security systems is formalised in order to
insure unique procedures all over Europe. The Regulation contains rules concerning cooperation and exchange
of data; the determination of the applicable legislation; the calculation of the different benefits and some
transitional rules.
Some agreements between the EU and non-EU countries ("third countries") contain provisions on
cooperation in the social security field. These agreements can be categorised according to their aim, content
and nature into:
- Partnership and Co-operation Agreements (CIS Countries)
- Stabilisation and Association Agreements (FYR Macedonia and Croatia)
- Euro-Mediterranean Association Agreements (Southern Mediterranean Region)
- Cooperation Agreements (Syria)
- Cooperation and Customs Union Agreement (San Marino)
- Association Agreement with Turkey
Regulation No 1231/2010 of the European Parliament and of the Council of 24 November 2010
extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third
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countries who are not already covered by these Regulations solely on the ground of their
nationality O.J. L 344; 29.12.2010 (Application > 1 January 2011)
As from 1 May 2010 the applicable social security scheme for nationals of EU member states is determined in
the EU by the Regulations No 883/2004 and 987/2009. The previous Regulation No 1408/71 remained
applicable in some cases (transitional period) and in relation to certain countries (Switzerland and the EEAcountries that are not part of the EU being Iceland, Liechtenstein and Norway). Until recently this was also the
case for non-EU nationals to whom since 2003 an extension applied between the EU member states of the EU
Regulation No 1408/71.
With the Regulation No 1231/2010 the new coordination rules also apply as from 1 January 2011 to nationals of third
countries legally residing in the EU in so far as different social security schemes could apply. Therefore excluded are
the situations in which a third country national only has links with the third country and a single member state. In
case of for instance an assignment from Canada to France or simultaneous employment in Turkey and Germany, the
Regulation No 883 will not apply. Either bilateral treaties (if any) between these countries or the national legislation
will continue to apply. If on the other hand the Canadian seconded employee works simultaneously in France and in
Belgium, the Regulations No 883/2004 and 987/2009 will determine the applicable European social security scheme
as from 1 January 2011.
The extension of the Regulations No 883/2004 and 987/2009 is not applicable to the United Kingdom and Denmark.
For the UK the EU Regulation No 1408/71 continues to apply on third country nationals. For Denmark the national
legislation applies or, if any, the bilateral treaties.
The transitional rules of the Regulations No 883/2004 and 987/2009 also apply to this extension. Consequently
third country nationals remain subject to the old EU Regulation No 1408/71 for a period of 10 years (until
31/12/2020) in so far their situation does not changes. They can however explicitly request to fall under the
application of the new EU Regulation, which can have possible consequences for the employer. For the actual
application of the new EU Regulation on an existing employment situation as from 1 January 2011 a request
must be filed before the end of March 2011. In case of requests after this date, the changed legislation will
only apply as from the first day of the next month.
EESSI PUBLIC DIRECTORY OF EUROPEAN SOCIAL SECURITY INSTITUTIONS
Facilitating the search for nationals of Member States a Social Security Directory was set up. The directory
contains National Institutions (Public and Private) in the sectors of Sickness, Pension, Un-employment and
Family Benefits.
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EUROPEAN HEALTH INSURANCE CARD
Any EU citizen can obtain a card at their local health authority. The card ensures same access to public sector
health care (e.g. a doctor, a pharmacy, a hospital or a health care centre) as nationals of the country. If you
have to receive medical attention in a country that charges for health care, you will be reimbursed either
immediately, or after you go home to your own country. The idea is that you are given the care you need to
allow you to continue with your stay. However, it is important to note that the card does not cover your health
care costs while abroad if you are travelling in order to obtain treatment for an illness or injury that you had
before travelling. Nor does the card cover you for private sector health care providers
Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of
employed and self-employed persons moving within the Community O.J. L 209; 25.7.1998
(Implementation > 29 June 2001)
This Directive sets out certain rights and obligations for members of supplementary pension schemes and
constitutes a first step on removing obstacles to free movement relating to supplementary pensions. It does,
however, not cover, what is often called "portability" of supplementary pensions, i.e. the possibility of acquiring
pension rights (even for shorter periods of employment than the required by the scheme minimum "vesting
period" or at the beginning of one's career) and keeping pension entitlements by transferring them to a new
scheme in the event of professional mobility. The Commission has recognised the negative implications a
reduced portability of supplementary pension rights can have on the mobility of workers. It has consulted the
European social partners and suggested that they negotiate a European collective agreement in this field.
However, the social partners have diverging opinions on the need to start negotiations. As a consequence, the
Commission adopted a proposal for a "Directive on improving the portability of supplementary pension rights"
COM (2005)507 final, amended in 2007, COM (2007) 603.
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Chapter Seven. ENERGY & ENVIRONMENT
7.1 Introduction
Concerning energy policy, the EU is addressing major energy challenges, such as climate change, the strain on energy
resources and access for all users to affordable, secure energy.
The Performing Arts sector is affected by the EU energy policy, in particular regarding zero-energy buildings. It is a
big challenge for old theatres and opera buildings to be refurbished in an energy-friendly way.
Other energy-relevant aspects for the life performance sector are the travels of touring companies as well as highly
energy-absorbing productions. The sector, being very well aware of its role, has several programs, workshops,
training and information sessions running to raise awareness and to develop strategies to reduce energy
consumption.
Another important issue for the sector are national regulations on environmental noise. The fact that environmental
noise protection against music is not regulated at EU but at national level means that there are often differences in
legislation between regions or even local communities. They especially concern outdoor events which can cause
difficulties for touring companies, when confronted with great variations of noise levels accepted in different areas. It
therefore would be useful to have common level of decibels limits across the regions, to allow touring groups to
better face noise legislation and prepare their performance.
7.2 Treaty Basis
ENERGY
Article 194 TFEU
1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve
and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:
(a) ensure the functioning of the energy market;
(b) ensure security of energy supply in the Union;
86
(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
(d) promote the interconnection of energy networks.
2. Without prejudice to the application of other provisions of the Treaties, the European Parliament and the Council,
acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to achieve the
objectives in paragraph 1. Such measures shall be adopted after consultation of the Economic and Social Committee
and the Committee of the Regions.
Such measures shall not affect a Member State’s right to determine the conditions for exploiting its energy resources,
its choice between different energy sources and the general structure of its energy supply, without prejudice to Article
192(2) (c).
3. By way of derogation from paragraph 2, the Council, acting in accordance with a special legislative procedure, shall
unanimously and after consulting the European Parliament, establish the measures referred to therein when they are
primarily of a fiscal nature.
ENVIRONMENT
Article 3 TEU (ex Article 2 TEU)
[…] 3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on
balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment
and social progress, and a high level of protection and improvement of the quality of the environment. It shall
promote scientific and technological advance.
Article 191 TFEU (ex Article 174 TEC)
1. Union policy on the environment shall contribute to pursuit of the following objectives:
— preserving, protecting and improving the quality of the environment,
— protecting human health,
— prudent and rational utilisation of natural resources,
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— promoting measures at international level to deal with regional or worldwide environmental problems, and in
particular combating climate change.
2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of
situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles
that preventive action should be taken, that environmental damage should as a priority be rectified at source and that
the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where
appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic
environmental reasons, subject to a procedure of inspection by the Union.
3. In preparing its policy on the environment, the Union shall take account of:
— available scientific and technical data,
— environmental conditions in the various regions of the Union,
— the potential benefits and costs of action or lack of action,
— the economic and social development of the Union as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Union and the Member States shall cooperate with third
countries and with the competent international organisations. The arrangements for Union cooperation may be the
subject of agreements between the Union and the third parties concerned.
The previous subparagraph shall be without prejudice to Member States’ competence to negotiate in international
bodies and to conclude international agreements.
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7.3 Institutional Responsabilities
European Commission
Günther Oettinger, Commissioner and responsible for Energy
DG Energy
Janez Potočnik, Commissioner and responsible for Environment
DG Environment
European Parliament
Committee
on
Industry,
Research
Council of the EU
and
Transport Telecommunication and Energy
Energy (ITRE)
Council - Working Party on Energy (H.7)
Committee on the Environment, Public
Environment Council - Working Party on the
Health and Food Safety (ENVI)
Environment (J.1)
Others:
- European Environment Agency (EEA)
7.4 Energy
Communication of 10 November 2010 from Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions – Energy 2000, a strategy
for competitive, sustainable and secure energy COM(2010) 639 final
The Communication defines the energy priorities for the next ten years and sets the actions to be taken in order to
tackle the challenges of saving energy, achieving a market with competitive prizes and secure supplies, boosting
technological leadership, and effectively negotiate with our international partners. On the basis of these priorities and
the action presented, the Commission will come forward with concrete legislative initiatives and proposals within the
next 18 months. This communication also sets the agenda for the discussion by Heads of States and Governments at
the very first EU Summit on Energy on 4 February 2011.
Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy
performance of buildings O.J. L 153 13; 18.06.2010 (Implementation > 9 July 2012, see text infra)
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This Directive aims to clarify, strengthen and extend the scope of Directive 2002/91 and to reduce the large
differences between Member states' practices in this sector. Its provisions address different regulatory and
information-based instruments and cover energy needs for space and hot water heating, cooling, ventilation and
lighting for new and existing, residential and non-residential buildings. It prescribes that all new buildings must be
nearly zero energy buildings by 31 December 2020, that Member States should set intermediate targets for 2015, and
that new buildings occupied and owned by public authorities have to be nearly zero energy buildings after 31
December 2018.
Directive 2002/91 is repealed by this Directive with effect as from February 2012 (articles 2 to 18 with articles 20 and
27). Articles 2, 3, 9, 11, 12, 13, 17, 18, 20 and 27, from 9 January 2013. Articles 4, 5, 6, 7, 8, 14, 15 and 16,
concerning public buildings, implementation as from 9 January 2013. Other buildings, from 9 July 2013.
Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the
energy performance of buildings O.J. L 1; 4.1.2003 (Implementation > 4 January 2006)
The four key points of the Directive are:

A common methodology for calculating the integrated energy performance of buildings;

Minimum standards on the energy performance of new buildings and existing buildings that are subject to
major renovation;

Systems for the energy certification of new and existing buildings and, for public buildings, prominent display
of this certification and other relevant information. Certificates must be less than five years old;

Regular inspection of boilers and central air-conditioning systems in buildings and in addition an assessment
of heating installations in which the boilers are more than 15 years old.
The common calculation methodology should include all the aspects which determine energy efficiency and not just
the quality of the building's insulation. This integrated approach should take account of aspects such as heating and
cooling installations, lighting installations, the position and orientation of the building, heat recovery, etc. The
minimum standards for buildings are calculated on the basis of the above methodology. The Member States are
responsible for setting the minimum standards.
7.5 Environment
Environmental Compliance Assistance Programme for SMEs Small, Clean and Competitive:
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http://ec.europa.eu/environment
Small and medium-sized enterprises (SMEs) traditionally find it harder to comply with environmental legislation than
their larger counterparts. In general, the smaller the company, the more difficult it is.
Although there is a cost implication in compliance, companies that do take action can benefit from lower energy bills
and greater efficiency in their operations.
The European Commission understands the pressures faced by small businesses and is taking action to help them. It
has proposed an Environmental Compliance Assistance Programme to make it easier for SMEs to comply with their
obligations and improve their environmental performances.
There are a number of areas where action is being taken:

Minimising the administrative burden on companies

Helping SMEs integrate environmental concerns into their businesses

Supporting regional and national networks

Building up local know-how

Improving communication
Directive 2002/49/EC of the European Parliament and the Council of 25 June 2002 relating to the
assessment and management of environmental noise OJ L 189;18.7.2002 (Implementation > 18 July 2004)
As part of the effort to tackle noise pollution, the European Union has laid down a common approach to avoiding,
preventing or reducing on a prioritised basis the harmful effects of exposure to environmental noise. This approach is
based on using common methods to map noise, on providing information to the public and on implementing action
plans at local level. This Directive is also to serve as a basis for developing Community measures concerning noise
sources.
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Chapter Eight. HEALTH & SAFETY AT WORK
8.1 Introduction
EU regulations on Health and Safety and their implementation at national level have an important effect on workers in
the live performing arts sector. EU citizens, and in particular workers, pay great attention to their health and expect to
be protected from possible dangers.
The European Framework Directive on Safety and Health at Work (Directive 89/391 EEC) adopted in 1989 was a
substantial milestone in improving safety and health at work. It guarantees minimum safety and health requirements
throughout Europe while Member States are allowed to maintain or establish more stringent measures. A series of
individual directives focusing on specific aspects of safety and health at work were adopted on the basis of the
Framework Directive. Nevertheless, the Framework Directive continues to apply to all areas covered by the individual
directives. Where individual directives contain more stringent and specific provisions, these special provisions prevail.
Individual directives tailor the principles of the Framework Directive to:

Specific tasks (e.g. manual handling of loads)

Specific hazards at work (e.g. exposure to dangerous substances or physical agents)

Specific workplaces and sectors (e.g. temporary work sites, extractive industries, fishing vessels)

Specific groups of workers (e.g. pregnant women, young workers, workers with a fixed duration employment
contract)

Certain work related aspects (e.g. organisation of working time)
The individual directives define how to assess these risks and, in some instances, set limit values for certain
substances or agents. The standards set in these individual directives are minimum standards for the protection of
workers and Member States are allowed to maintain or establish higher levels of protection.
As health and safety regulations are still very much a national competence, the implementation of these directives
varies across Europe. As a result touring companies and venues inviting them often encounter difficulties as there are
great variations in conducting risk assessments for productions. The life performance sector is therefore evaluating
how to respond to the current situation and considers in which way a European risk assessment tool could be
developed and adapted to the specific needs.
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8.2 Treaty Basis
Article 153 TFEU (ex Article 137 TEC)
1. With a view to achieving the objectives of Article 151, the Union shall support and complement the activities of the
Member States in the following fields:
(a) Improvement in particular of the working environment to protect workers’ health and safety;
(b) Working conditions;
(c) Social security and social protection of workers;
(d) Protection of workers where their employment contract is terminated;
(e) The information and consultation of workers
Article 168 TFEU (ex Article 152 TEC)
1. A high level of human health protection shall be ensured in the definition and implementation of all Union policies
and activities.
Union action, which shall complement national policies, shall be directed towards improving public health, preventing
physical and mental illness and diseases, and obviating sources of danger to physical and mental health. Such action
shall cover the fight against the major health scourges, by promoting research into their causes, their transmission
and their prevention, as well as health information and education, and monitoring, early warning of and combating
serious cross-border threats to health.
The Union shall complement the Member States’ action in reducing drugs related health damage, including
information and prevention.
2. The Union shall encourage cooperation between the Member States in the areas referred to in this Article and, if
necessary, lend support to their action. It shall in particular encourage cooperation between the Member States to
improve the complementarity of their health services in cross-border areas.
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Member States shall, in liaison with the Commission, coordinate among themselves their policies and programmes in
the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful
initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and
indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic
monitoring and evaluation. The European Parliament shall be kept fully informed.
3. The Union and the Member States shall foster cooperation with third countries and the competent international
organisations in the sphere of public health.
4. By way of derogation from Article 2(5) and Article 6(a) and in accordance with Article 4(2) (k) the European
Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the
Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the
objectives referred to in this Article through adopting in order to meet common safety concerns:
(a) Measures setting high standards of quality and safety of organs and substances of human origin, blood and blood
derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent
protective measures;
(b) Measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public
health;
(c) Measures setting high standards of quality and safety for medicinal products and devices for medical use.
5. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after
consulting the Economic and Social Committee and the Committee of the Regions, may also adopt incentive measures
designed to protect and improve human health and in particular to combat the major cross-border health scourges,
measures concerning monitoring, early warning of and combating serious cross-border threats to health, and
measures which have as their direct objective the protection of public health regarding tobacco and the abuse of
alcohol, excluding any harmonisation of the laws and regulations of the Member States.
6. The Council, on a proposal from the Commission, may also adopt recommendations for the purposes set out in this
Article.
7. Union action shall respect the responsibilities of the Member States for the definition of their health policy and for
the organisation and delivery of health services and medical care. The responsibilities of the Member States shall
include the management of health services and medical care and the allocation of the resources assigned to them.
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The measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of
organs and blood.
8.3 Institutional responsabilities
European Commission
László Andor, Commissioner and responsible for Employment, Social Affairs and Inclusion
DG Employment
European Parliament
Council of the EU
Committee on Environment, Public Health and
Employment, Social policy, Health and
Food Safety (ENVI)
consumer affairs Councils (I.3)
Committee on Employment and social affairs
(EMPL)
Others:
- Advisory Committee on Health and Safety (ACSHW)
- European Agency for Health and Safety at work (Bilbao Agency – MS Representatives and Social Partners)
8.4 Political Agreements
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions – Improving quality and productivity at work:
Community strategy 2007-2012 on health and safety at work COM(2007)62final
In order to reduce accidents at work and occupational illnesses, the following main instruments are proposed:
-
guarantee the proper implementation of EU legislation
-
support small and medium enterprises in the implementation of the legislation in force
-
adapt the legal framework to changes in the workplace
-
promote the development and implementation of national strategies
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-
encourage changes in het behaviour of workers and encourage their employers to adopt health-focused
approaches
-
finalise the methods for identifying and evaluating new potential risks
-
improve the tracking of progress
-
promote health and safety at international level
8.5 Health and safety at work
Council Directive 89/391 of 12 June 1989 on the introduction of measures to encourage improvements
in the safety and health of workers at work O.J. L 183 1; 29.06.1989 (Implementation > 31 December 1992 –
Amending Directive 2007/30 > 31 December 2012)
This Directive is to ensure a higher degree of protection of workers at work. It imposes the duty to every employer to
ensure the safety and health of workers in every aspect related to work. Within the context of this obligation the
employer shall take all necessary measures, including prevention of occupational risks and provision of information
and training, as well as the provision of the necessary organisation and means. Workers on the other hand shall be
responsible to take care as far as possible of his own safety and health and that of other persons affected by his acts
or omissions at work. This framework Directive, applicable to all sectors of activity, both public and private, serves
as a basis for individual Directives covering more specific working conditions.
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8.5.1 EQUIPMENT, SIGNS AND L OADS
Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member
States relating to personal protective equipment.OJ L 399, 30.12.1989, p. 18–3
Personal protective equipment must comply with the relevant Community provisions on design and manufacture with
respect to safety and health and with the conditions set out in the Directive. The employer must provide the
appropriate equipment free of charge and ensure that it is in good working order and hygienic condition.
A specific paragraph is dedicated to the protection against the harmful effects of noise. The directive specify that
personal protective equipment designed to prevent the harmful effects of noise must be capable of attenuating the
latter to such an extent that the equivalent sound levels perceived by the user do not under any circumstances
exceed the daily limit values laid down by Council Directive 86/188/EEC of 12 May 1986 on the protection of workers
from the risks related to exposure to noise at work.
Council Directive 89/656 of 30 November 1989 on the minimum health and safety requirements for the
use by workers of personal protective equipment at the workplace O.J. L 393 18; 30.12.1989
(Implementation > 31 December 1992 – Amending Directive 2007/30 > 31.12.2007)
This Directive lays down minimum requirements for the assessment, selection and correct use of personal protective
equipment. The equipment shall only be used when risks cannot be avoided or sufficiently limited by technical means
of collective protection or by measures, methods or procedures of work organization. Member States shall ensure that
general rules are established for the use of personal protective equipment and situations where the employer must
provide such equipment. Prior consultation with employers' and workers' organisations is compulsory.
Council Directive 90/270 of 29 May 1990 on the minimum safety and health requirements for work
with display screen equipment O.J. L 156 30; 21.06.1990 (Implementation > 31 December 1992)
The aim of this Directive is to implement specific minimum measures to ensure the safety and health of workers using
display screen equipment. Employers are obliged to analyse workstations, evaluate the safety and health conditions;
remedy any risks to eyesight, physical problems and problems of mental stress.
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Council Directive 92/58 of 24 June 1992 on the minimum requirements for the provision of health and
safety signs at work O.J. L 245 23, 26.8.1992 (Implementation > 24 June 1994 – Amending Directive 2007/30 >
31 December 2012)
This Directive is to introduce a Community system of safety signs designed to reduce the risk of accidents at work
and occupational diseases. Employers must provide safety signs where hazards cannot be avoided or adequately
reduced by preventive measures or procedures used in the organisation of work.
Council Directive 90/269 of 29 May 1990 on the minimum health and safety requirements for the
manual handling of loads where there is a risk particularly of back injury to workers O.J. L 156 9;
21.06.1990 (Implementation > 31 December 1992)
This Directive lays down minimum health and safety measures for the manual handling of loads where there is a risk
of particularly back injury to workers. According to the Directive, the employer shall take appropriate organizational
measures, or shall use appropriate means, in particular mechanical equipment, in order to avoid the needs for the
manual handling of loads by workers. Where manual handling can’t be avoided, the employer shall take the
appropriate organizational measures, use the appropriate means or provide workers with such means in order to
reduce the risk involved in the manual handling of such loads.
8.5.2 PROTECTION OF SPECIFIC GROUPS OF WORKERS
Council Recommendation 2003/134 of 18 February 2003 concerning the improvement of the protection
of the health and safety at work of self-employed workers O.J. L 53 45; 28.02.2003
This recommendation concerns workers who exercise their occupational activity in a manner which does not involve
an employment relationship with an employer or, more generally, does not make them subordinate to a third person.
Although self-employed workers are not covered by the Directives on health and safety at work, notably Directive
89/391, they are very often subject to health and safety risks similar to those experienced by employees. For this
reason the Council recommends that Member States promote prevention policies as well as health and safety at work
measures, via awareness-raising campaigns, as well as access to training and health surveillance.
Council Directive 91/383 of 25 June 1991 on measures to encourage improvements in the safety and
health at work of workers with a fixed-duration employment relationship or a temporary employment
relationship O.J. L 206 19; 29.7.1991 (Implementation > 31 December 1992)
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The Directive aims to ensure that temporary workers enjoy the same level of protection as other workers. It specifies
provisions on providing information for temporary workers and on medical supervision, and also requires Member
States to divide responsibility among user undertakings, temporary employment businesses and health inspection and
prevention bodies.
Council Directive 92/85 of 19 October 1992 on the introduction of measures to encourage
improvements in the safety and health at work of pregnant workers and workers who have recently
given birth or are breastfeeding. O.J. L 348 1; 28.11.1992 (Implementation > 19 October 1994)
This Directive provides for provisional measures to protect pregnant workers and workers who have recently given
birth or are breastfeeding against health and safety risks and bans their exposure to certain chemical, physical and
biological agents. It contains specific provisions governing night work, maternity leave, ante-natal examinations,
employment rights and protection against discriminatory dismissal.

Proposal for a Directive of the European Parliament and of the Council amending Council
Directive 92/85/EEC on the introduction of measures to encourage improvements in the
safety and health at work of pregnant workers and workers who have recently given birth
or are breastfeeding COM/2008/0637 final
http://www.europarl.europa.eu/oeil/FindByProcnum.do?lang=2&procnum=COD/2008/0193
This proposal aims at improving the minimum protection foreseen in the Directive.
With the revision of the Directive the Commission proposes a prolongation of the maternity leave from the initially 14
to 18 weeks. But the European Parliament’s FEMM committee voted for a prolongation to 20 weeks and fully paid.
The Proposal should also improve protection for working women and incite them to return to work after giving birth
by granting them the right to return to work under equivalent conditions and to benefit from any improvements that
have been made to working conditions.
Currently, awaiting 2nd reading in the Council, no timeline is foreseen.
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8.5.3 THE WORKPLACE
Council Directive 89/654 of 30 November 1989 concerning the minimum safety and health
requirements for the workplace O.J. L 393 1; 30.12.1989 (Implementation > 31 December 1992)
The object of this Directive is to introduce minimum measures designed to improve the working environment, in order
to guarantee a better standard of safety and health protection. The measures concern e.g. fire detection, room
temperature, lighting, escalators, handicapped workers…
Council Directive 92/57 of 24 June 1992 on the implementation of minimum safety and health
requirements at temporary or mobile work sites O.J. L 245 6; 26.08.1992 (Implementation > 31 December
1993)
This Directive lays down minimum safety and health requirements for temporary or mobile construction sites.
‘Temporary or mobile construction sites’ means any construction site at which building or civil engineering works are
carried out. Consequently this Directive isn’t applicable to mobile or temporary work sites in the performing arts
sector.
8.5.4 CHEMICAL, PHYSICAL AND BIOLOGICAL AGENTS
Directive 2009/148 of the European Parliament and of the Council of 30 November 2009 on the
protection of workers from the risks related to exposure to asbestos at work O.J. L 330 28; 16.12.2009
(Implementation > 5 January 2010)
This Directive applies to activities in which workers are or may be exposed in the course of their work to dust arising
from asbestos or materials containing asbestos. In the case of any activity likely to involve a risk of exposure to dust
arising from asbestos or materials containing asbestos, this risk must be assessed in such a way as to determine the
nature and degree of the workers’ exposure to dust arising from asbestos or materials containing asbestos.
Directive 2004/40 of the European Parliament and of the Council of 29 April 2004 on the minimum
health and safety requirements regarding the exposure of workers to the risks arising from physical
agents (electromagnetic fields) O.J. L 159 1; 30.04.2004 (Implementation > 30.04.2008)
This Directive lays down minimum requirements concerning the protection of workers from the risks arising from
exposure to electromagnetic fields and waves. It does, however, not address the long-term effects, including the
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carcinogenic effects, that could result from exposure to electrical, magnetic and electromagnetic fields, for which
there is no conclusive scientific data establishing a causal link. The Directive lays down various types of obligation
with which employers must comply. These obligations concern determination of exposure and assessment of risks,
avoiding and reducing risks and worker information and training. In carrying out these obligations the employer shall
assess and, if necessary, measure and calculate the levels of electromagnetic fields to which workers are exposed.
Directive 2003/10 of the European Parliament and the Council of 6 February 2003 on the minimum
health and safety requirements regarding the exposure of workers to the risks arising from physical
agents (noise) O.J. L 42 38; 15.02.2003 (Implementation > 15 February 2006)
This Directive lays down minimum requirements for the protection of workers against the risks resulting from
exposure to noise and in particular the risk to hearing. It sets out the obligations of employers in terms of
determination and assessment of risks; avoiding and reducing exposure; information, consultation, participation and
training of workers.
The music and entertainment sectors are unique in that high sound levels and special effects loud enough to cause
hearing damage are often regarded as elements essential to performance.
Due to these particular specificities, article 14 of the Directive requests: "In the context of the application of this
directive Member States shall draw up in consultation with the social partners, in accordance with national law and
practice, a code of conduct providing for; practical guidelines to help workers and employers in the music and
entertainment sectors to meet their legal obligations as laid down in this Directive."
Concerning the application of the Directive: Non-binding guide to good practice for the application of
Directive 2003/10/EC of the European Parliament and of the Council on the minimum safety and health
requirements regarding the exposure of the workers to the risks arising from physical agents (noise)
This guide, “How to avoid or reduce the exposure of workers to noise at work”, issued by DG Employment, Social
Affairs and Equal Opportunities, contains a specific chapter in the Music and Entertainment sector (Chapter 8). The
European sectorial social partners, Pearle and EAEA, have actively contributed to this specific chapter.
The guide can be found on the website of DG Employment.
http://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=433&furtherPubs=yes
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Directive 2002/44 of the European Parliament and of the Council of 25 June 2002 on the minimum
health and safety requirements regarding the exposure of workers to the risks arising from physical
agents (vibration) O.J. L 177 13; 06.07.2002 (Implementation > 6 July 2005)
The objective of this Directive is to improve the protection of workers against the risks arising from exposure to
mechanical vibration. Vibration poses a potential risk to workers as it may give rise to musculoskeletal, neurological
and vascular disorders. The Directive specifies two different types of vibration (those transmitted to the human handarm system and those transmitted to the whole body) and lays down exposure limit values and exposure "action"
values above which employers must take measures.
Directive 1999/92 of the European Parliament and of the Council of 16 December 1999 on minimum
requirements for improving the safety and health protection of workers potentially at risk from
explosive atmospheres O.J. L 23 57; 28.01.2000 (Implementation > 30 June 2003)
This directive establishes and harmonises minimum requirements for improving the safety and health protection of
workers potentially at risk from explosive atmospheres. For the purposes of this Directive, ‘explosive atmosphere’
means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours,
mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture. The
employer must take technical and/or organisational measures to prevent the formation of explosive atmospheres,
prevent the ignition of explosive atmospheres, and reduce the effects of an explosion in such a way that workers are
not at risk.
Communication from the Commission of 25 August 2003 concerning the non-binding guide of good
practice for implementing Directive 1999/92/EC of the European Parliament and of the Council on
minimum requirements for improving the safety and health protection of workers potentially at risk
from explosive atmospheres COM(2003) 515 final
In accordance with Article 11 of Directive 1999/92/EC of the European Parliament and of the Council on minimum
requirements for improving the safety and health protection of workers potentially at risk from explosive
atmospheres, this Guide addresses Articles 3, 4, 5, 6, 7 and 8 and Annexes I and II A of the Directive. This Guide is
intended for all undertakings in which working with flammable substances may give rise to hazardous explosive
atmospheres and hence explosion hazards. It applies to work under atmospheric conditions. "Working" includes
manufacture, treatment, processing, destruction, storage, readying, transhipment and in-house transportation in
pipelines or by other means.
Council Directive 98/24 of 7 April 1998 on the protection of the health and safety of workers from the
risks related to chemical agents at work O.J. L 131 11; 05.05.1998 (Implementation > 5 May 2001)
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This Directive lays down minimum requirements for the protection of workers from risks to their safety and health
arising, or likely to arise, from the effects of chemical agents that are present at the workplace or as a result of any
work activity involving chemical agents. Binding occupational exposure limits are set at European level and serve as a
basis for the employer’s obligation to ensure the workers health and safety as regarding chemical agents.
Directive 2006/25 of the European Parliament and the Council of 5 April 2006 on the minimum health
and safety requirements regarding the exposure of workers to risks arising from physical agents
(artificial optical radiation) O.J. L 114 38; 27.4.2006 (Implementation > 27 April 2010)
To ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of
protection for all Community workers, in order to avoid possible distortions of competition, this Directive introduces
measures protecting workers from the risks associated with optical radiation, owing to its effects on the health and
safety of workers, in particular damage to the eyes ad to the skin. As the noise Directive, it sets out the obligations of
employers. The obligations of the worker are those set out in the Framework Directive.
Directive 2004/37 of the European Parliament and the Council of 29 April 2004 on the protection of
workers from the risks related to exposure to carcinogens or mutagens at work O.J. L 204 28; 04.08.2007
(Implementation > see codified Directives : Directive 90/394, 31.12.1992 ; Directive 97/42, 27.06.2000 ; Directive
1999/38, 29.04.2003)
This Directive sets out the minimum requirements for protecting workers who have been exposed to carcinogens and
mutagens. In order to reduce the risks associated with such exposure to workers' health and safety, it lays down
exposure limit values as well as preventive measures. In the case of any activity likely to carry the risk of exposure to
carcinogens or mutagens, the nature, degree and duration of workers' exposure must be determined on a regular
basis in order to assess any risk to workers' health or safety and decide the steps to be taken. All routes of exposure
must be taken into account, including absorption into and/or through the skin.
8.5.5 WORK-REL ATED STRESS
On 8th October 2004, the European cross-industry social partners signed a framework agreement on workrelated stress. The agreement aims to establish a framework within which employers and employee representatives
can work together to prevent, identify and combat stress at work. The signatories were: for trade unions, the
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European Trade Union Confederation (ETUC) and the Council of European Professional and Managerial Staff
(EUROCADRES)/European Confederation of Executives and Managerial Staff (CEC) liaison committee; and for
employers the Union of Industrial and Employers’ Confederations of Europe (UNICE), the European Association of
Craft, Small and Medium-Sized Enterprises (UEAPME) and the European Centre of Enterprises with Public Participation
and of Enterprises of General Economic Interest (CEEP).
The agreement states that employers have an obligation under the 1989 framework health and safety Directive
(89/391/EEC) to protect the occupational health and safety of their workers, and that this extends to stress at work if
it entails a risk to health and safety. Workers have a general duty to comply with measures put into place by
employers to protect their health and safety at work.
A final implementation report on stress following this agreement was issued on June 2008.
8.6 Maternity Leave
Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage
improvements in the safety and health at work of pregnant workers and workers who have recently
given birth or are breastfeeding O.J. L 348 1; 28.11.1992 (Implementation > 19 October 1994)
This Directive provides for provisional measures to protect pregnant workers and workers who have recently given
birth or are breastfeeding against health and safety risks and bans their exposure to certain chemical, physical and
biological agents. It contains specific provisions governing night work, maternity leave, ante-natal examinations,
employment rights and protection against discriminatory dismissal.

Proposal for a Directive of the European Parliament and of the Council amending Council
Directive 92/85/EEC on the introduction of measures to encourage improvements in the
safety and health at work of pregnant workers and workers who have recently given birth
or are breastfeeding COM/2008/0637 final
http://www.europarl.europa.eu/oeil/FindByProcnum.do?lang=2&procnum=COD/2008/0193
This proposal aims at improving the minimum protection foreseen in the Directive.
With the revision of the Directive the Commission proposes a prolongation of the maternity leave from the initially 14
to 18 weeks. But the European Parliament’s FEMM committee voted for a prolongation to 20 weeks and fully paid.
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The Proposal should also improve protection for working women and incite them to return to work after giving birth
by granting them the right to return to work under equivalent conditions and to benefit from any improvements that
have been made to working conditions.
Currently expecting second reading in the Council by June 2011, with no other timeline foreseen.
Comment
At a moment that the sector is undergoing the impact of the economic crisis, which put high pressure on the labour
market, the extension of the maternity leave to 20 weeks full pay would have an adverse affect to women’s working
opportunities. Therefore Pearle has sent a letter to the Parliament asking them to change their proposal.
8.7 Parental Leave
Council Directive 2010/18 of 8 March 2010 implementing the revised Framework Agreement on
parental leave concluded by BUSINESSEUROPE, EUAPME, CEEP and ETUC and repealing Directive
96/34/EC O.J. L 68 13; 18.03.2010 (Implementation > 8 March 2012)
Complementing other measures to improve work-life balance, this Directive aims at implementing the framework
agreement concluded by the European cross-industry social partners. The Framework Agreement is a revision of an
older agreement and extends parental leave rights, granting parents e.g. the right to 4 months of leave per parent
(compared to 3 previously).
8.8 Sexual harrasment at work
The Commission Communication of 24 July 1996 concluded that the Recommendation 92/131 and the Code of
Practice had not led to the adoption of sufficient measures to prevent sexual harassment in the workplace and that
further action at EU level was required. This eventually took the form of specific provisions in several Directives:
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Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application
of the principle of equal treatment between men and women engaged in an activity in a self-employed
capacity and repealing Council Directive 86/613/EEC O.J. L 180 1; 15.07.2010 (Implementation > 5 August
2012)
The principle of equal treatment means that there shall be no discrimination whatsoever on grounds of sex in the
public or private sectors, either directly or indirectly, for instance in relation to the establishment, equipment or
extension of a business or the launching or extension of any other form of self-employed activity.
Harassment and sexual harassment shall be deemed to be discrimination on grounds of sex and therefore prohibited.
A person’s rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that
person.
Also relevant: Directive 2000/43; Directive 2000/78; Directive 2006/54; Proposal for a Council Directive
COM (2008) 0426 final - CNS 2008/0140 (For the content of these Directives see the Chapter Five. Employment
and Social Affairs)
The European Social Partners adopted an Autonomous Agreement on violence and harassment on the 26 of
April 2007, in the presence of Commissioner Spidla and the secretaries general of ETUC, BUSINESSEUROPE, UEAPME
and CEEP. The agreement aims to prevent and, where necessary, manage problems of bullying, sexual harassment
and physical violence at the workplace. Companies in Europe will have to adopt a policy of zero-tolerance towards
such behaviour and draw up procedures to deal with cases of harassment and violence where they occur. Data
suggests that one in 20 workers (5%) reports being exposed to bullying and/or harassment each year.
8.9 Tobacco
At EU level, the issue of smoke-free environments has been addressed in nonbinding resolutions and
recommendations, which have encouraged Member States to provide adequate protection from exposure to ETS.
In particular, the 1989 Council Resolution 89/C 189/0141 on smoking in public places invited Member States to
adopt measures banning smoking in public places and on all forms of public transport. Most recently, the Council
Recommendation 2003/54/EC42 on the prevention of smoking and on initiatives to improve tobacco control called
on Member States to implement effective measures that provide protection from exposure to environmental tobacco
smoke in indoor workplaces, enclosed public places, and public transport. Several binding legislative instruments also
indirectly address the health risks caused by smoking.
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The Framework Directive on Health and Safety in the Workplace (89/391/EEC), while not explicitly referring
to tobacco smoke, covers all risks to the health and safety of workers. It requires the individual employer to assess
the risks in the workplace and to introduce appropriate risk prevention and protection measures.
The Directive on minimum safety and health requirements for the workplace (89/654/EEC) requires
employers to ensure ventilation and sufficient fresh air in enclosed workplaces and to protect non-smokers against
discomfort caused by tobacco smoke in rest rooms and rest areas.
The Carcinogens and Mutagens Directive (2004/37/EC) 49 and the Asbestos Directive (83/477/EEC) prohibit
smoking in areas where, respectively, carcinogens/mutagens and asbestos are handled. The Pregnant Workers
Directive (92/85/EEC) requires employers to take action to protect pregnant and breastfeeding women from
exposure to carbon monoxide.
8.10 Alcohol
The Commission adopted in 2006 an EU strategy to support Member States in reducing alcohol-related harm
(Communication from the Commission – An EU strategy to support Member States in reducing alcohol related harm -
COM 2006/625). The Strategy addresses the adverse health effects related to harmful and hazardous alcohol
consumption, as well as the related social and economic consequences. With this objective, the Commission has
identified five priority themes, which are relevant in all Member States and for which Community action as a
complement to national policies has an added value:
•
Protect young people, children and the unborn child;
•
Reduce injuries and death from alcohol-related road accidents;
•
Prevent alcohol-related harm among adults and reduce the negative impact on the workplace;
•
Inform, educate and raise awareness on the impact of harmful and hazardous alcohol consumption, and on
appropriate consumption patterns;
The ILO Code of Practice, 1996, on the management of alcohol- and drug-related issues in the workplace
emphasizes the preventive approach, which:
 Calls for joint assessment by employers and workers and their representatives of the effects of alcohol
and drug use on the workplace and their cooperation in developing a written policy for the enterprise;
 Defines alcohol- and drug-related problems as health problems and establishes the need to deal with
them, without any discrimination, like any other health problem at work;
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 Recommends that workplace drug and alcohol policies should cover all aspects of the prevention,
reduction and management of alcohol- and drug-related problems and that the relevant information,
education and training programmes be integrated, where feasible, into broad-based human resources
development, working conditions or occupational safety and health programmes; and
 Goes a long way towards establishing the ethical principles vital to concerted and effective action, such as
the confidentiality of personal information and the authority of the employer to discipline workers for
employment-related misconduct, even where it is associated with the use of alcohol and drugs.
Comment
ILO Codes of Practice contain practical recommendations intended for all those with a responsibility for
occupational safety and health in both the public and private sectors. Codes of Practice are not legally binding
instruments and are not intended to replace the provisions of national laws or regulations, or accepted standards.
They aim to serve as practical guides for public authorities and services, employers and workers concerned,
specialized protection and prevention bodies, enterprises and safety and health committees.
8.11 Drugs
The EU drug policy is decided by Member States and set out in multiannual strategies and action plans. Drug policy is
decided with unanimity by Member States.
EU Drugs Strategy (2005-2012)
The EU drugs strategy for the period 2005–2012 was endorsed by the European Council of 16–17 December 2004.
The strategy aims to provide added value to national drug strategies in the EU while respecting the principles of
subsidiarity and proportionality set out in the Treaties.
Confirming the EU’s integrated, multidisciplinary and balanced approach to drugs combining demand and supply
reduction, the strategy focuses on these two policy fields as well as on two cross-cutting themes: ‘International
cooperation’ and ‘Research, information and evaluation’. It also emphasises the importance of making optimal use of
existing legal and information instruments and the need to ensure adequate consultation with a broad group of
partners (e.g. scientific centres, drug professionals, representative NGOs, civil society and local communities).
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The eight-year strategy forms the umbrella for two consecutive four-year EU action plans on drugs. As was the case
under the previous strategy, evaluation will be a top priority.
Decision 150/2007/EC of the European Parliament and of the Council of 25 September 2007
establishing for the period 2007-2013 the Specific Programme Drug prevention and information as part
of the General Programme Fundamental Rights and Justice O.J. L 257 23; 03.10.2007
On 25 September 2007, the European Parliament and the Council adopted a specific drug programme for the period
2007-2013. This programme builds on the EU’s Drugs Strategy and Action plans, the ultimate aim of which is to
significantly reduce the social harm and health damage caused by the use of, and trade in, illicit drugs.
The general objectives of this programme are: to prevent and reduce drug use, dependence and drug related harms
and to contribute to the improvement of information on the effects of drug use.
(>Supra: see ILO Code of Practice for drug use at the workplace. Page104)
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Chapter Nine. INTELLECTUAL PROPERTY RIGHTS
9.1 Introduction
Copyright and related rights are essential for investment, creativity, access to culture, employment and growth.
The copyright systems currently in force in the EU Member States are based on the principle of territoriality. This
means that copyright is still governed by 27 national laws.
Although the protection of Intellectual Property is covered by many international conventions, which have been
drafted by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), some of
the main provisions have been reproduced in Community law.
Action at European Community level in the field of copyright and related rights is aimed at harmonisation of national
legislation. It involves the removal of barriers to the free movement of goods and services. Today, new opportunities
are offered by the development of the information society. These reveal important challenges concerning the
protection and management of Intellectual Property rights.
In the performing arts sector, live performance organisations can be both rights holders and users: they own rights if
they produce a recorded performance or a concert. However, in most cases a performing arts organisation is a user
or payer of copyrights and related rights, whereby it must obtain clearance for a range of rights in order to use
protected works such as texts, photography, music, etc. for their own artistic production. As a result, a live
performance organisation producing a live performance has to go through a time-consuming and complex process of
dealing with different rights holders with whom copyrights and related rights are to be cleared before a performance
can be staged.
The fact that the sector has to deal with high mobility often makes the process of clearing rights even more complex.
Due to the fact that copyrights need to be cleared at national level, the whole process of clearing rights has to be
repeated in each country where the company goes on tour.
Besides, the organisations are confronted with increasing tariffs imposed by collecting societies and publishers, which
makes it very difficult to ensure diversity and programming of copyright protected works.
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9.2 Treaty Basis
Article 345 TFEU (ex Article 295 EC) provides that EC law ‘shall in no way prejudice the rules in Member States
governing the system of property ownership’. The Lisbon Treaty introduces in addition a new provision that
specifically allows for the EU to establish measures for the creation of European intellectual property rights.
Article 118 TFEU
In the context of the establishment and functioning of the internal market, the European Parliament and the Council,
acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European
intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for
the setting up of centralised Union-wide authorisation, coordination and supervision arrangements.
The Council, acting in accordance with a special legislative procedure, shall by means of regulations establish
language arrangements for the European intellectual property rights. The Council shall act unanimously after
consulting the European Parliament.
Article 262 TFEU
Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special
legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the
extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of
acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall
enter into force after their approval by the Member States in accordance with their respective constitutional
requirements.
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9.3 Institutional responsibilities
European Commission
Michel Barnier, Commissioner and responsible for Internal Market and Services
DG Internal Market
European Parliament
Council of the EU
Committee on Legal affairs (JURI)
Competitiveness Council
Committee on Internal market and
Working group on intellectual property rights
consumer protection (IMCO)
(G.3)
Others:
-World Intellectual Property Organization (WIPO)
9.4 International Agreements
Protection of Intellectual property is covered by several international conventions, most of which are implemented by
the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO).
The Berne Convention for the Protection of Literary and Artistic Works (1886)
The Convention rests on three basic principles and contains a series of provisions determining the minimum
protection to be granted.
The three basic principles are the following:
- The principle of ‘national treatment’
Works originating in one of the contracting States must be given the same protection in each of the other contracting
States as the latter grants to the works of its own nationals
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- The principle of ‘automatic’ protection
Protection must not be conditional upon compliance with any formality.
- Principle of the ‘independence’ of protection
Protection is independent of the existence of protection in the country of origin of the work. If, however, a
contracting State provides for a longer term than the minimum prescribed by the Convention and the work ceases to
be protected in the country of origin, protection may be denied.
All EU Member States signed to the Berne Convention.
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting
Organisations (1961)
The Convention secures protection in performances of performers, phonograms of producers of phonograms and
broadcasts of broadcasting organizations.
(1) Performers (actors, singers, musicians, dancers and other persons who perform literary or artistic works) are
protected against certain acts they have not consented to. Such acts are: the broadcasting and the communication to
the public of their live performance; the fixation of their live performance; the reproduction of such a fixation if the
original fixation was made without their consent or if the reproduction is made for purposes different from those for
which they gave their consent.
(2) Producers of phonograms enjoy the right to authorize or prohibit the direct or indirect reproduction of their
phonograms. Phonograms are defined in the Rome Convention as meaning any exclusively aural fixation of sounds of
a performance or of other sounds. When a phonogram published for commercial purposes gives rise to secondary
uses (such as broadcasting or communication to the public in any form), a single equitable remuneration must be
paid by the user to the performers, or to the producers of phonograms, or to both; contracting States are free,
however, not to apply this rule or to limit its application.
(3) Broadcasting organizations enjoy the right to authorize or prohibit certain acts, namely: the (re-)transmission of
their broadcasts; the fixation of their broadcasts; the reproduction of such fixations; the communication to the public
of their television broadcasts if such communication is made in places accessible to the public against payment of an
entrance fee.
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The Rome Convention allows exceptions in national laws to the above-mentioned rights as regards private use, use of
short excerpts in connection with the reporting of current events, ephemeral fixation by a broadcasting organization
by means of its own facilities and for its own broadcasts, use solely for the purpose of teaching or scientific research
But once a performer has consented to the incorporation of his performance in a visual or audiovisual fixation, the
provisions on performers’ rights have no further application.
Summary of the WIPO Copyright Treaty (WCT) (1996)
The WCT is a special agreement under the Berne Convention, which sets the frame to adapt copyright law at national
level to the requirements of digital media. Any Contracting Party (even if it is not bound by the Berne Convention)
must comply with the substantive provisions of the 1971 (Paris) Act of the Berne Convention. Furthermore, the Treaty
mentions two subject matters to be protected by copyright,
(i) Computer programs, whatever may be the mode or form of their expression, and
(ii) Compilations of data or other material (“databases”), in any form, which by reason of the selection or
arrangement of their contents constitute intellectual creations. (If a database does not constitute such a creation, it is
outside the scope of this Treaty.)
As to the rights of authors, the Treaty deals with:
(i) The right of distribution,
(ii) The right of rental, and
(iii) The right of communication to the public.
TRIPS agreement – Trade related aspects of intellectual property rights
(Annex 1c of the Marrakesh Agreement establishing the World Trade Organisation, signed in
Marrakesh, Morocco on 15 April 1994)
The WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), negotiated in the 1986-94
Uruguay Round, introduced intellectual property rules into the multilateral trading system for the first time. The
agreement is an attempt to narrow the gaps in the way these rights are protected around the world, and to bring
them under common international rules. It establishes minimum levels of protection that each government has to give
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to the intellectual property of fellow WTO members. In doing so, it strikes a balance between the long term benefits
and possible short term costs to society.
ACTA – The Anti-Counterfeiting Trade Agreement
In 2007, the EU and a number of other WTO members began work on a new international agreement – the AntiCounterfeiting Trade Agreement.
ACTA aims to establish a comprehensive international framework that will assist Parties to the agreement in their
efforts to effectively combat the infringement of intellectual property rights, in particular the proliferation of
counterfeiting and piracy. It includes state-of-the-art provisions on the enforcement of intellectual property rights,
including provisions on civil, criminal, border and digital environment enforcement measures, robust cooperation
mechanisms among ACTA Parties to assist in their enforcement efforts, and establishment of best practices for
effective IPR enforcement.
When it comes to the internet, ACTA breaks new ground. The World Wide Web is the most global and open market
for music, films, books and software, but also for millions of counterfeit goods. So far there is virtually no
international standard defined to address the infringements for such goods. ACTA, for the first time, creates a
minimal level of harmonisation and transparency for the rules applicable to such infringements.
9.5 Policy Background
Ever since copyright discussions at Community level began, rights management and collective rights management in
particular have been at the centre of attention.
Also, technical progress and digital technology made an adaptation of the legal framework for the protection of IP
rights necessary. This necessary change is addressed in the Commission Communication on ‘Copyright in the
knowledge economy’.
Measures supporting the protection of intellectual property in the “digital age”, aiming at a genuine digital single
market, have been discussed under ‘Creative content online’.
In 2010, concrete proposals, derived from these previous policy documents, were set out in the Digital Agenda, one
of the seven flagship initiatives of the Europe 2020 Strategy.
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In March 2011, Commissioner Michel Barnier (DG Markt) is supposed to launch an “Intellectual Property Rights
Strategy”. His communication will cover a number of concrete initiatives, to be launched later the year, such as an
anti-piracy action plan and a directive or regulation on collective management. It should also cover the audiovisual
sector and the right clearance for “orphan works”.
9.5.1 COPYRIGHT IN THE KNOWLEDGE ECONOMY
Communication from the Commission of 19 October 2009 – Copyright in the knowledge economy (COM
(2009) 532 final)
After having analysed the responses generated by the Green paper on Copyright in the knowledge economy, the
European Commission highlights the need to implement new measures in the area of intellectual property rights.
Technical progress has made information more accessible, in particular through the internet. Therefore, it is
necessary to adapt the legal framework for copyright to recent technological developments. The text examines
possible avenues for future action concerning the digitisation of works, the processing of orphan works, access to
online services for persons with disabilities and the protection of new creators of online content.
9.5.2 CREATIVE CONTENT ONLINE
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions on creative content online in the Single Market
(COM/2007/0836 final)
In 2008, the Commission adopted a policy paper on creative content online, launching measures to support the
cross-border delivery of online content. The Communication identified 4 main areas requiring EU action: the
availability of creative content, the multi-territory licensing of creative content, digital rights management systems
and piracy.
European Commission Reflection Paper on Creative Content in a European Single Digital Market of 22
October 2009
Following the Communication on Creative Content Online, the Commission launched on a reflection paper on the
challenge of creating a Single Market for Creative Content Online. The paper focuses three groups of stakeholders:
rightholders, consumers and commercial users. According to the Commission, to create a genuine Single Market for
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creative content on the internet, specific consumer- and competition-friendly rules are needed, while ensuring at the
same time a robust protection of copyright and a fair remuneration of creators.
The Commission also launched a public consultation. The results are currently being processed.
9.5.3 DIGITAL AGENDA
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions - A Digital Agenda for Europe ((COM) 2010 245
final)
In the text the Commission sets out actions in order to address the problems affecting the creation of a digital single
market. Addressing the fragmentation in the area of intellectual property rights, the Commission intends to simplify
copyright clearance, management and cross-border licensing by:

Enhancing the governance, transparency and pan European licensing for (online) rights management by
proposing a framework Directive on collective rights management by 2010; - postponed to 2011

Creating a legal framework to facilitate the digitisation and dissemination of cultural works in Europe by
proposing a Directive on orphan works by 2010;-

Reviewing the Directive on Re-Use of Public Sector Information, notably its scope and principles on
charging for access and use; postponed to 2011

Issuing a Green Paper addressing the opportunities and challenges of online distribution of audiovisual works
and other creative content by 2010; - postponed to 2011

Reviewing the Directive on the enforcement of intellectual property rights; expected for 2011
9.6 Legislative Decisions
Directive 2001/29 of the European Parliament and of the Council of 22 May 2001 on the harmonisation
of certain aspects of copyrights and related rights in the information society O.J. L 167 10; 22.06.2001
(Implementation > 22 December 2002)
117
This Directive foresees legal protection of copyright and related rights in the framework of the internal market, aiming
at fostering substantial investment in creativity and innovation, including network infrastructure and ensuring the free
movement of services and goods.
The Directive gives the author an exclusive right with regard to the exploitation of his work. These so-called
‘economic rights’ are, more specifically the right to reproduction, communication to the public and distribution.
A long list of exceptions to the reproduction and communication right (i.e. for broadcasters and social institutions) is
set out in Article 5 of the Directive, the majority of which are optional for Member States.
The performing art sector does not benefit from these exceptions.
Directive 2001/84 of the European Parliament and of the Council of 27 September 2001 on the resale
right for the benefit of the author of an original work of art O.J. L 272 32; 13.10.2001 (Implementation > 1
January 2006)
Although the Berne Convention for the Protection of Literary and Artistic Works gives the author of an original work of
art the resale right, this however is not binding, which means that certain Member States do not apply it. As a result
of this, there were barriers to the internal market and distortions of competition within it as well as a lack of
protection for the authors of original artistic works.
The Directive establishes an obligation to the Member States to set a minimum sale price as of which sales will be
subject to the resale right. This minimum sale price may not exceed EUR 3 000. Artists receive royalties calculated as
a percentage of the sale price of their works. The sale price is divided into five portions and the rate of the royalty
ranges from 4% to 0.25%, depending on the portion. However, the total amount of the royalty may not exceed EUR
12 500.
By granting the author royalties based on the sale price obtained for any resale of the work, he can benefit from the
economic success of his original work.
The resale right applies to works of graphic art or plastic art such as pictures, collages, paintings, drawings,
engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, provided that they are
made entirely by the artist; or they are copies considered to be original works of art according to professional usage
(limited productions or signed works, for example). The resale right does not apply to original manuscripts of writers
or composers.
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Directive 2006/115 of the European Parliament and of the Council of 12 December 2006 on rental right
and lending right and on certain rights related to copyright in the field of intellectual property O.J. L 376
28; 27.12.2006 (Implementation > 1 July 1994 for provisions of 92/100 (repealed) 30 June 1995 for provisions of
Directive 93/98 (repealed) 21 December 2002 for provisions of Directive 2001/29 (repealed))
The directive harmonises the legal situation regarding rental right, lending right and certain related rights, so as to
provide a greater level of protection for literary and artistic property. It asks Member States to provide for the right to
authorize or prohibit the rental and lending of originals and copies of copyright works. It determines who holds these
rights and lays down certain procedures for exercising them.
‘Rental’ means making available for use, for a limited period of time and for direct or indirect economic or commercial
advantage; ‘lending’ means making available for use, for a limited period of time and not for direct or indirect
economic or commercial advantage, when it is made through establishments which are accessible to the public.
As regards rights related to copyright, Member States shall provide for performing artists, producers of phonograms
and films, and broadcasting organizations exclusive rights of fixation, reproduction and distribution.
Member States may provide for limitations to related rights in respect of private use, use of short excerpts or certain
other uses.
Directive 2004/48 of the European Parliament and of the Council of 29 April 2004 on the enforcement
of intellectual property rights O.J. L 195 16; 2.6.2004 (Implementation > 29 April 2006)
The Directive requires all Member States to apply effective, dissuasive and proportionate remedies and a penalty
against those engaged in counterfeiting and piracy and so creates a common field for right holders in the EU. It sets
legal standards to enforce different types of rights that are protected by independent legal regimes in the Member
States (copyright, patents, trademarks, designs …). In case of a presumed infringement, rightholders have to provide
“reasonably available evidence” to claim for damages.
In December 2010, the Commission published a first report an accompanying staff working document to analyse the
application of the directive in the Member States. It comes to the conclusion that the directive has a positive effect on
protecting intellectual property rights under civil law in Europe. However, according to the Commission, the directive
has to be adapted to new challenges such as rights infringements on the Internet.
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At the same time as the report, a public consultation on it was launched to indentify amongst others additional issues
that should be addressed in the context of a possible review of the directive. The deadline to send contributions is
end of March 2011.
Directive 2006/116 of the European Parliament and of the Council of 12 December 2006 on the term of
protection of copyright and certain related rights O.J. L 372 12; 27.12.2006 (Implementation > 1 July 1995
for provisions of Directive 93/98 (repealed); 22 December 2002 for provisions of Directive 2001/29 (repealed))
This Directive aims to harmonise the term of protection for copyright and related rights. It sets the term of protection
for copyright at 70 years and for related rights at 50 years.
The term of protection of copyright for a literary or artistic work is set at 70 years from the death of the author of the
work or the death of the last surviving author in the case of a work of joint ownership; the date on which the work
was lawfully made available to the public if it is anonymous or was produced under a pseudonym.
The term of protection of related rights (performers, producers of phonograms, film producers and broadcasting
organisations) is set at 50 years. This term is to be calculated on a case-by-case basis from the date of the
performance, the publication or communication of its fixation.

Proposal
for
a
European
Parliament
and
Council
Directive
amending
Directive
2006/116/EC of the European Parliament and of the Council on the term of protection of
copyright and related rights COM/2008/0464 final - COD (2008) 0157
This Proposal aims to extend the term of protection for performers’ and producers’ rights from 50 to 95 years, from
publication of the work. This extension would allow performers to commercially exploit their work for a longer time,
and record producers to generate additional income from the sale of recordings in their stores and on the Internet.
Furthermore, the Commission proposes a uniform way of calculating the term of protection for the so-called cowritten works, musical compositions containing the contributions of several authors. The proposed rule provides that
the term of protection of a musical composition shall expire 95 years after the death of the last surviving author,
whether they are the author of the words or the composer of the music.
A compromise proposal of the European Parliament and the Council of Ministers limits the extension to 70 years.
The proposal is still pending in the Council and is not on the agenda for the time being.
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European Parliament resolution of 22 September 2010 on enforcement of intellectual property rights in
the internal market (2009/2178(INI))
In response to the Commission’s communication the European Parliament drafted a resolution, regretting that the
Communication does not deal with the matter of completing the legislative framework by introducing a set of
measures to combat intellectual property right infringements in an effective manner.
The Parliament calls on the Commission to think broadly about multi-territory licences; an effective system for rights
management in the EU and cross-border.
Communication from the Commission to the Council, the European Parliament and the European
Economic and Social Committee - Enhancing the enforcement of intellectual property rights in the
internal market (COM (2009) 467 final)
The Commission seeks to ensure a responsive enforcement system by complementing the existing regulatory
framework with non-legislative measures, aiming for collaborative and focused enforcement across the Internal
Market, in particular by supporting enforcement through an EU Counterfeiting and Piracy Observatory; fostering
administrative cooperation throughout the Internal Market; facilitating voluntary arrangements between stakeholders.
EUROPEAN OBSERVATORY ON COUNTERFEITING AND PIRACY
Communication of 11 September 2009 from the Commission to the Council, the European Parliament
and the European Economic and Social Committee enhancing the enforcement of intellectual property
rights in the internal market. (COM 2009 (467))
To encourage greater collaboration the European Commission has created the European Observatory on
Counterfeiting and Piracy which serves as a platform to join forces, to exchange experiences and information and to
share best practices on enforcement.
The aim of the Observatory is to gather, monitor and report crucial information that improves the knowledge about
counterfeiting and piracy.
Comment
An action plan on Piracy is expected for 2012.
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9.7 Copyright and New Technologies
9.7.1 BROADCASTING
Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending
Council directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the pursuit of television broadcasting activities O.J.
332 27; 18.12.2007 (Implementation > 19 December 2009)
This Directive provides for television broadcasting rights for events of great interest to the public. However, the
holders of these rights will have to allow other television broadcasting organisations to use short extracts for the
purposes of general news programmes. (Article 3j and 3k) The application of the Directive is without prejudice to the
provisions of Directive 2001/29.
Directive 93/83 of 27 September 1993 on the coordination of certain rules concerning copyright and
rights related to copyright applicable to satellite broadcasting and cable retransmission. O.J. L 248 15;
06.10.1993 (Implementation > 1 January 1995)
The purpose of this Directive is to promote the free cross-border satellite broadcasting of programmes and their cable
retransmission from other Member States, and in particular to remove the obstacles arising from disparities between
national provisions on copyright and from the legal uncertainty that exists in this field.
Performers are granted an exclusive right to broadcast live performances by satellite; fix (record) an unfixed
performance; reproduce a fixation of a performance. Where a phonogram is used for a satellite broadcast, an
equitable remuneration is to be paid to the performers, or to the producers of phonograms, or to both. Broadcasting
organizations have exclusive rights over the retransmission, fixation and reproduction of fixations of their broadcasts.
Cable retransmission of broadcasts is governed by copyright and related rights in the Member States and by
agreements between copyright owners, holders of related rights and cable operators. These rights to authorise or
prohibit the cable retransmission of a broadcast are exercised through a collecting society, except where they are
exercised by a broadcasting organization in respect of its own transmissions.
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9.7.2 ONLINE ENVIRONMENT
Directive 2009/24 of the European Parliament and of the Council of 23 April 2009 on the legal
protection of computer programs (Codified version) O.J. L 111 16; 05.05.2009 (Implementation > 25.06.2009)
The Directive foresees a copyright protection of computer programs. The holder of the rights to a computer program
may prohibit or authorise the permanent or temporary reproduction of the program or a part thereof; the translation,
adaptation, arrangement of the program and its distribution.
The author of a computer program is the natural person or group of natural persons who has created the program or,
where the legislation of the Member State permits, a legal person. If several persons participate in creating a
program, the exclusive rights shall be held jointly by these persons.
Directive 96/9 of the European Parliament and of the Council of 11 March 1996 on the legal protection
of databases O.J. L 77 20; 27.03.1996 (Implementation > 1 January 1998)
The Directive provides for a copyright protection of databases which constitute the author’s own intellectual creation
and a sui generis right for the maker of a database who can prohibit the unauthorised retrieval and/or re-use of its
contents.
9.8 Rights management
9.8.1 ONLINE MUSIC SERVICES
Commission Recommendation of 18 May 2005 on collective cross-border management of copyright and
related rights for legitimate online music services O.J. 276 54; 21.10.2005
The system currently in force is based on the principle of territoriality of copyright, which means that a provider of
online works services has to obtain the right to make content available in each Member State. This Recommendation
proposes measures to improve the licensing of online music across the European Union. In particular, it recommends
that right-holders and commercial users of material protected by copyright or related rights should be given a choice
as to their preferred model of licensing. The aim is to make EU-wide licences more easily accessible to online music
service providers and thus help these services to take off in Europe.
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European Parliament Resolution of 25 September 2008 on collective cross-border management of
copyright and related rights for legitimate online music services (2008/2629 (RSP))
In this Resolution the Parliament points out that it is opposed to the Commission’s approach. Parliament argues that
the development of the market and the creation of bodies such as CELAS, the first organisation of its kind to offer
pan-European licences for its repertoire, has created a climate of legal uncertainty for users and authors which is
detrimental to the dissemination of cultural works.
9.8.2 COLLECTIVE RIGHTS MANAGEMENT
In its communication on ‘A digital agenda for Europe’ the European Commission has declared the approval of a
Directive on Collective Rights Management to be a priority. The Commission considers such an instrument as
necessary in order to simplify copyright clearance, management and cross-border licensing.
A proposal on Collective Rights Management is expected in 2011.
Communication of 16 April 2004 from the Commission to the Council, the European Parliament and the
European Economic and Social Committee on the Management of Copyright and Related Rights in the
Internal Market (COM(2004)261 final)
In this Communication the Commission examined how rights management methods formed an obstacle to the
operation of the internal market, concluding that more common ground on several features of collective management
is required. It announces the intention to propose a legislative instrument on certain aspects of collective
management and good governance of the collecting societies.
The Parliament had expressed the same wish for a genuine legislative procedure in its 2008 Recommendation.
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Chapter Ten. INTERNAL MARKET & SERVICES
10.1 Introduction
The creation of a European single market was the fundamental objective of the Treaty of Rome and until today, the
completion of the internal market – comprising the application of the four fundamental freedoms: the free movement
of goods, persons, services and capital – still remains a priority of the European Union. But still today, Member States
have the responsibility for taxation, social security, employment and other policies.
The free circulation of services has only been regulated through a Directive in 2006, and was to be transposed in
Member States legislation by the end of 2009. The objective of the Directive is to release the untapped growth
potential of services markets in Europe by removing legal and administrative barriers to trade in the services sector.
Whereas culture policy is excluded from the scope, the directive may have an impact on other areas related to the
functioning of the performing arts.
Today, a cultural enterprise in Europe touring in the EU is at a disadvantage compared to companies in other sectors:
not all live performance organisations enjoy low VAT rates, they are taxed twice: in the country where they have their
legal basis and in the country where the performance takes place (see further under chapter 15 Taxation).They are
also facing difficulties with social security contributions for performers coming from a foreign country and they
encounter administrative burdens when
clearing copyright protected works. Overall, the area of internal market
covers a wide range of policies, which we discuss in other chapters in order to facilitate the practical use of the
inventory. Links to these chapters are provided below. In this chapter, we highlight decisions specifically related to
the creation of the single market
10.2 Treaty Basis
Article 4 TFEU
1. The Union shall share competence with the Member States where the Treaties confer on it a competence which
does not relate to the areas referred to in Articles 3 and 6.
2. Shared competence between the Union and the Member States applies in the following principal areas:
(a) internal market; …
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Article 26 TFEU (ex Article 14 TEC)
1. The Union shall adopt measures with the aim of establishing or ensuring the functioning of the internal market, in
accordance with the relevant provisions of the Treaties.
2. The internal market shall comprise an area without internal frontiers in which the free movement of goods,
persons, services and capital is ensured in accordance with the provisions of the Treaties.
3. The Council, on a proposal from the Commission, shall determine the guidelines and conditions necessary to
ensure balanced progress in all the sectors concerned.
Article 27 TFEU (ex Article 15 TEC)
When drawing up its proposals with a view to achieving the objectives set out in Article 26, the Commission shall take
into account the extent of the effort that certain economies showing differences in development will have to sustain
for the establishment of the internal market and it may propose appropriate provisions.
If these provisions take the form of derogations, they must be of a temporary nature and must cause the least
possible disturbance to the functioning of the internal market.
10.3 Institutional Responsibilities
European Commission
Michel Barnier, Commissioner and responsible for Internal Market and Services
DG Internal Marlet and Services
European Parliament
Committee on Internal Market and Consumer
Protection (IMCO)
Committee on Legal Affairs (JURI)
Council of the EU
Competitiveness Council
Working Party on Establishment and Services
(G.6)
Committee on Civil Liberties, Justice and
Home Affairs (LIBE)
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10.4 Political Agreements
Communication of 27 October 2010 from the Commission to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the Regions – Towards a Single Market Act for a
highly competitive social market economy; 50 proposals for improving our work, business and
exchanges with one another COM (2010) 608 final
The Single Market Act consists of 50 policy proposals that are being submitted to public debate for a four month
period running up to 28 February 2011.
With the Single Market Act the European Commission seeks to boost the European economy and create jobs. The
main guiding principles of the Act are:
- Strong, sustainable and equitable growth for business
- Restoring confidence by putting Europeans at the heart of the single market
- Dialogue, partnership, evaluation: the keys to good governance of the single market
These principles are reflected in the following key priorities:

For businesses: Capital for SMEs: Access to finance for SMEs is tough. Europe's smallest businesses are
hardly visible to potential investors and the requirements for being listed on capital markets are complex.
The Commission will make proposals to change this. The Commission will also reduce costs for SMEs by
simplifying accounting rules and improving their access to public procurement contracts. The Commission
will look at introducing a common tax base for businesses operating cross-border, leading to further cost
savings.

For businesses: Social Business and long term investment: Europe has enormous potential for developing
social entrepreneurship. In recent years, many initiatives have been taken by individuals, foundations and
companies to improve access to food, housing, health care, jobs and banking services for those in need. To
foster more cross-border action, the Commission will propose European statutes for such organisations to
serve and promote the social economy. The Commission will also encourage longer term investments,
including ethical investments, exploring options for a specific labelling regime.

For consumers: Online commerce: Young Europeans cannot understand why they cannot always buy
their music on any website.
Today, the online market is seriously under-performing. That is why the
Commission will propose rules in 2011 aimed at ensuring that creators and artists can sell their work
127
throughout Europe with a one-stop shop for authorisation allowing them to reap the rewards of their work.
Full implementation of the Services Directive and updated rules for e-commerce will also make a difference.

Workers: professional qualifications: 4600 professions are today regulated differently in member states.
A thorough revision of the professional qualifications directive is therefore overdue. The Commission believes
introduction of professional I.D. card or “cartes professionnelles” would reduce remaining red tape.
To take the discussion forward, the Commission launched a European-wide debate with all interested stakeholders on
the Single Market Act.
10.5 Legislative Decisions
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services
in the internal market O.J. L 376 36; 27.12.2006 (Implementation > 28 December 2008)
In order to create a real internal services market by 2010, the Services Directive aims to facilitate freedom of
establishment for providers in other Member States and the freedom of provision of services between Member States.
It also aims to increase the choice offered to recipients and improves the quality of services both for consumers and
businesses using these services. The Directive proposes four main objectives for creating an internal services market:

To ease freedom of establishment for providers and the freedom of provision of services in the EU;

To strengthen rights of recipients of services as users of the latter;

To promote the quality of services;

To establish effective administrative cooperation among the Member States.
The Directive establishes a general legal framework for any service provided for while taking the specific nature of
certain activities or professions into account. The following services are excluded:

Non-economic services of general interest;

Financial services (including those such as banking, credit, insurance and re-insurance, occupational or
personal pensions, securities, investment funds and payments);

Electronic communications services with respect to matters covered by Directives;
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
Transport services, including port services;

Services of temporary work agencies;

Healthcare services;

Audiovisual services;

Gambling;

Activities which are connected with the exercise of official authority ;

Certain social services (relating to social housing, childcare and aid for persons in need);

Private security services;

Services provided by notaries and bailiffs, who are appointed by an official act of government.
The Directive also aims at improving the regulatory environment for service providers who want to supply their
services across borders to other Member States, without setting up an establishment there. In this respect, the
Services Directive lays down the “freedom to provide services” clause whereby Member States should, in principle,
not impose their national requirements on incoming service providers. Member States are thus generally prohibited
from imposing restrictions upon incoming service providers. However, certain requirements can still be imposed under
very limited circumstances, i.e. when they are non-discriminatory, justified for reasons of public policy, public security,
public health or the protection of the environment and do not go beyond what is necessary in order to achieve their
objective.

Judgment of the Court of 9 August 1994 - Raymond Vander Elst v Office des Migrations
Internationales (Case 43/93)
Articles 59 and 60 of the EEC Treaty (> Article 66 and 75 TFEU) must be interpreted as precluding a Member State
from requiring undertakings which are established in another Member State and enter the first Member State in order
to provide services, and which lawfully and habitually employ nationals of non-member countries, to obtain work
permits for those workers from a national immigration authority and to pay the attendant costs, with the imposition
of an administrative fine as the penalty for infringement.
Comment
129
This means that e.g. a French performing arts organisation, with employees from a third country on a permanent
basis, can travel to and perform in another Member State without needing to obtain work permits for the third
country employees in that Member State.
BUSINESSES IN THE INTERNAL MARKET / COMPANY LAW
Transnational development of businesses is a key component of the completion of a European single market. This
involves improving the regulatory environment, enabling businesses both to assume a European dimension and to be
competitive in the international and European arenas.
(>Supra: see Chapter 17.Trade, Industry, Economic affairs and enterprise. Page 181)
INTELLECTUAL PROPERTY
(>Supra: see chapter 9.Intellectual Property Rights. Page 107)
SINGLE MARKET FOR CAPITAL
Regulation 924/2009 of the European Parliament and of the Council of 16 September 2009 on crossborder payments in the Community and repealing Regulation 2560/2001 O.J. L 266 11, 9.10.2009
(Implementation > 1 November 2009)
This Regulation guarantees that national and cross-border payments made in the Community are subject to the same
rules with regard to bank charges.
(>Supra: see Chapter 4. Economic and Monetary Affairs. Page 49)
10.6 SOLVIT – alternative dispute resolution mechanism
Solvit it’s an online problem solving network established in every MS as well as in Norway, Iceland and Liechtenstein.
It only handles problems with a cross-border element that are due to a misapplication of Internal Market EU law by
public authorities within the EU member states. It is accessible for both citizens and businesses free of charge and it
is committed to provide a real solution within ten weeks.
http://ec.europa.eu/solvit/site/index_en.htm
130
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Chapter Eleven. JUSTICE, FUNDAMENTAL RIGHTS & CITIZENSHIP
11.1 Introduction
In order to ensure the free movement of persons and to offer a high level of protection to European citizens, the
Union created the area of freedom, security and justice. It covers policy areas that range from the management of
the European Union’s external borders to judicial cooperation in civil and criminal matters. It includes asylum and
immigration policies, police cooperation, and the fight against crime (terrorism, organised crime, trafficking in human
beings, drugs, etc.).
The creation of the area of freedom, security and justice is based on the Tampere (1999-04), Hague (2004-09) and
Stockholm (2010-14) programmes. It derives from Title V of the Treaty on the Functioning of the European Union,
which regulates the “Area of freedom, security and justice”.
In 2010, the Commission decided to divide the Directorate-General for Justice, Freedom and Security into two DGs:
Home Affairs on the one hand and Justice on the other hand. The first one focuses on two main priorities: European
security and migration policy. The second one deals with justice, fundamental rights and citizenship policies, and
especially with cross-border problems. To quote only some of the concrete fields: criminal and civil matters, contract
law and consumer rights, data protection.
Decisions concerning ‘mobility’, such as visas and external border control are treated under Chapter 12: Non EU Third
Country Nationals.
11.2 Treaty Basis
Article 11 TEU
[…]
4. Not less than one million citizens who are nationals of a significant number of Member States may take the
initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate
proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing
the Treaties.
132
The procedures and conditions required for such a citizens’ initiative shall be determined in accordance with the first
paragraph of Article 24 of the Treaty on the Functioning of the European Union.
Article 20 TEU (ex Article 17 TEC)
1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a
citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall
have, inter alia:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in
their Member State of residence, under the same conditions as nationals of that State;
(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not
represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as
the nationals of that State;
(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the
institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same
language.
These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the
measures adopted there under.
Article 21 TEU (ex Article 18 TEC)
1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States,
subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.
2. If action by the Union should prove necessary to attain this objective and the Treaties have not provided the
necessary powers, the European Parliament and the Council, acting in accordance with the ordinary legislative
procedure, may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph 1.
133
3. For the same purposes as those referred to in paragraph 1 and if the Treaties have not provided the necessary
powers, the Council, acting in accordance with a special legislative procedure, may adopt measures concerning social
security or social protection. The Council shall act unanimously after consulting the European Parliament.
Article 22 TEU (ex Article 19 TEC)
1. Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and
to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as
nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting
unanimously in accordance with a special legislative procedure and after consulting the European Parliament; these
arrangements may provide for derogations where warranted by problems specific to a Member State.
2. Without prejudice to Article 223(1) and to the provisions adopted for its implementation, every citizen of the Union
residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate in
elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals
of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting
unanimously in accordance with a special legislative procedure and after consulting the European Parliament; these
arrangements may provide for derogations where warranted by problems specific to a Member State.
Article 23 TEU (ex Article 20 TEC)
Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national
is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the
same conditions as the nationals of that State. Member States shall adopt the necessary provisions and start the
international negotiations required to secure this protection.
The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament,
may adopt directives establishing the coordination and cooperation measures necessary to facilitate such protection.
Article 24(ex Article 21 TEC)
The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative
procedure, shall adopt the provisions for the procedures and conditions required for a citizens’ initiative within the
meaning of Article 11 of the Treaty on European Union, including the minimum number of Member States from which
such citizens must come.
134
Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 227.
Every citizen of the Union may apply to the Ombudsman established in accordance with Article 228.
Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 13 of the
Treaty on European Union in one of the languages mentioned in Article 55(1) of the Treaty on European Union and
have an answer in the same language.
Article 67 TFEU (ex Article 61 TEC and ex Article 29 TEU)
1. The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the
different legal systems and traditions of the Member States.
2. It shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum,
immigration and external border control, based on solidarity between Member States, which is fair towards thirdcountry nationals. For the purpose of this Title, stateless persons shall be treated as third-country nationals.
3. The Union shall endeavour to ensure a high level of security through measures to prevent and combat crime,
racism and xenophobia, and through measures for coordination and cooperation between police and judicial
authorities and other competent authorities, as well as through the mutual recognition of judgments in criminal
matters and, if necessary, through the approximation of criminal laws.
4. The Union shall facilitate access to justice, in particular through the principle of mutual recognition of judicial and
extrajudicial decisions in civil matters.
Article 68 TFEU
The European Council shall define the strategic guidelines for legislative and operational planning within the area of
freedom, security and justice.
135
11.3 Institutional Responsibilities
European Commission
Viviane Reding, Commissioner and responsible for Justice, Fundamental Rights and Citizenship
DG Justice
European Parliament
Committee on Civil Liberties, Justice and Home
Council of the EU
Justice and Home Affairs Council
Affairs (LIBE)
Committee on Legal Affairs (JURI)
Others:
- European Union Agency for Fundamental Rights (FRA - Vienna Agency)
-
EU Judicial Cooperation Unit (Eurojust - The Hague)
11.4 Legislative Decisions
Directive 95/46 of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data O.J. L
281 31; 23.11.1995 (Implementation > 24 October 1998)
This Directive aims to protect fundamental rights and freedoms of natural persons, in particular their right to privacy
with respect to the processing of personal data in every possible way. Personal data means any information relating
to an identified or identifiable natural person.
According to the Directive the data subject has the right to be informed when his personal data is being processed.
The controller must provide his name and address, the purpose of processing, the recipients of the data and all other
information required to ensure the processing is fair. Furthermore data may be processed only under certain
circumstances. To ensure protection each member state must set up a supervisory authority, an independent body
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that will monitor the data protection level in that member state, give advice to the government about administrative
measures and regulations, and start legal proceedings when data protection regulation has been violated.
11. 5 Citizens Rights in the EU
11.5.1 Making a complaint
It is possible to lodge a complaint against a Member State for any measure or practice which the citizen considers
contrary to a provision or a principle of the EU law. There is not a established process, so the particular can use a
form available in the Commission’s website (available in every EU language) or directly explain the situation, and the
contact can be made by email, by postal letter, or even in hand in any of the representative offices that exist in every
MS. Here you can find all the information available.
http://ec.europa.eu/eu_law/your_rights
If several complaints are registered as part of an organized campaign related to the same issue, the Commission may
take them together in consideration, as in the Multiple Complaints system.
http://ec.europa.eu/eu_law/your_rights
11.5.2 European Ombudsman
The European Ombudsman investigates complaints about maladministration in the institutions and bodies of the
European Union. Citizens, residents, businesses, associations and other bodies with a registration in a MS can make a
complaint to the European Omdubsman.
http://www.ombudsman.europa.eu/home/en/default.htm
11.5.3 Right to petition
Any natural or legal person, acting individually or jointly with others may at any time exercise this right of petition,
guaranteed by the Treaty, to the European Parliament, on a matter which comes within the Union’s fields of activity
and which affects him, her or it directly. A petition may take the form of a complaint or a request and may relate to
issues of public or private interest.
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The petition may present an individual request, a complaint or observation concerning the application of EU law or an
appeal to the European Parliament to adopt a position on a specific matter. Such petitions give the European
Parliament the opportunity of calling attention to any infringement of a European citizen's rights by a Member State or
local authorities or other institution.
http://www.europarl.europa.eu/parliament/public/staticDisplay.do?id=49
11.5.4 Questions to European Bodies
Every citizen of the Union has the right to write to any of the institutions, bodies, offices or agencies part of the
European Parliament, the European Council, the Council, the European Commission, the Court of Justice of the
European Union, the European Central Bank or the Court of Auditors; in one of the following languages: Bulgarian,
Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish; and to receive an
answer in the same language.
11.5.5 The European Citizens’ Initiative
One million citizens who are nationals of a significant number of Member States may take the initiative of
submitting a legislative initiative if they consider that a legal act it’s missing for the complete
implementation of the Treaties.
http://ec.europa.eu/dgs/secretariat_general/citizens
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Chapter Twelve. MULTILINGUALISM
12.1 Introduction
EU language policies aim to preserve linguistic diversity and promote the knowledge of languages for reasons of
cultural identity and social integration.
According to the Commission, it promotes language learning in order to empower citizens to make full use of the
opportunities created by Europe. Therefore, people should at least speak two foreign languages. Also language skills
are seen as condition for a healthy European economy and social cohesion. The first Communication on
multilingualism was launched by the Commission in 2005. The policy field is subordinated to the DG for Education and
Culture.
For the Performing Arts Sector, multilingualism is not only an asset to network and communicate with citizens from
other countries, it can even become a necessity, e.g. for technicians when touring.
12.2 Institutional Responsibilities
European Commission
Androulla Vassiliou, Commissioner and responsible for Education, Culture, Multilingualism and
Youth
DG Education and Culture
European Parliament
Commission
on
Culture
and
Council of the EU
Education
(CULT)
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12.3 Political Agreements
Communication A New Framework Strategy for Multilingualism COM (2005) 596 final
Multilingualism refers to both a person's ability to use several languages and the co-existence of different language
communities in one geographical area.
The Commission's multilingualism policy has three aims:

to encourage language learning and promote linguistic diversity in society;

to promote a healthy multilingual economy;

to give citizens access to European Union legislation, procedures and information in their own languages.
This communication sets out various activities for promoting language learning and linguistic diversity:

the LINGUA, Socrates and Leonardo da Vinci programmes;

the Culture, Youth in Action and Lifelong Learning programmes;

youth exchanges;

Town Twinning Programmes;

European Voluntary Service;

the financial support of the European Bureau for Lesser-Used Languages (a non-governmental organisation
which represents the interests of the over 40 million citizens who belong to a regional and minority language
community);

the financial support of the Mercator network of universities active in research on lesser-used languages in
Europe;

the research programme to overcome language barriers through new information and communication
technologies;

the social sciences and humanities research programme supporting research on language issues.
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Main areas of activity
The Commission proposes the following activities to promote a multilingual society:

implement, in cooperation with Member States, the European Indicator of Language Competence;

promote discussion and produce a recommendation on ways of bringing the training of language teachers up
to date;

publish a study of best practices in early language learning in 2006;

create chairs in fields of study related to multilingualism and interculturalism through the proposed
programme for education and lifelong learning;

continue to support the teaching and learning of languages through its cooperation programmes in the fields
of education, training, youth, citizenship and culture;

reinforce in the 7th Framework Research Programme the research and technological development activities
on language-related information society technologies.
The Commission urges the Member States to:

establish national plans to give structure, coherence and direction to actions to promote multilingualism,
including increasing the use and presence of a variety of languages in daily life;

review their current arrangements for training foreign language teachers in the light of the findings of the
study "European Profile for Language Teacher Education";

review their current arrangements for early language learning in the light of best practices from across
Europe;

implement the conclusions of the Luxembourg Presidency concerning Content and Language Integrated
Learning (CLIL).
Council Conclusions of 12 May 2009 on a strategic framework for European cooperation in education
and training (‘ET 2020’) O.J. C 119; 28.5.2009
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The most recent policy document recalled the importance of the Barcelona objectives of 2002 of learning two foreign
languages from an early age. The Ministers invited the Commission to pursue its work in the area of multilingualism,
aiming to enable citizens to communicate in two foreign languages, to promote language teaching, where relevant, in
vocational education and training and for adult learners, and to provide migrants with opportunities to learn the
language of the host country.
Council Resolution of 21 November 2008 on a European strategy for multilingualism
O.J. C 320; 16.12.2008
The Resolution is a follow-up of the Commission Communication of September 2008, called Multilingualism: an asset
for Europe and a shared commitment, and advocates an approach which includes multilingualism across a whole
series of EU policy areas.
Inventory of Community actions in the field of multilingualism and results of the online public
consultation SEC (2008) 2443
The staff working document complements and underpins the Communication on Multilingualism, by mapping the
actions that the different services of the Commission have already undertaken or are carrying out in this field.
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions Multilingualism: an asset for Europe and a
shared commitment COM (2008) 566 final
This communication depicts the advantage and value of linguistic diversity in the European Union (EU). It presents
the steps that should be taken to ensure that multilingualism is mainstreamed into all necessary policy strands for the
purpose of social cohesion and prosperity. The objective of “communication in mother tongue plus two languages”
constitutes the basis of these actions.
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Chapter Thirteen. NON EU THIRD COUNTRY NATIONALS
13. 1 Introduction
First of all, a clear distinction should be made between third country nationals entering the EU, and EU nationals
moving abroad.
Third country nationals involved in the performing arts sector often need visas to travel to the EU. When they enter
on the basis of an employment contract, a labour and residence permit is needed. The Schengen area, introduced by
the Amsterdam Treaty in 1999, with its common policy on the temporary entry of persons with Schengen visas, is a
helpful initiative to facilitate visa procedure for third-country national artists in particular in the case of touring in
Schengen countries. However there are still problems regarding the time to wait for a visa, the term of validity and
the re-entry in the Schengen zone. In addition, not all EU countries are part of the Schengen zone, so that touring in
Europe can get quite complicated.
The performing arts sector also faces problems with regard to work permits for EU Member States. As the transitional
period for new Member States citizens, who for the time being need a labour permit to work in other EU Member
States is gradually phasing out, obstacles especially affect third country nationals from outside the EU. The proposal
for a Council directive to allow for a single application procedure for a work permit and residence permit would
definitely help to cut red tape and improve the administrative procedures. The EU has been seeking for solutions for
specific categories of workers, such as the Blue card initiative which particularly focuses on highly qualified workers
with a high income.
However, the EU has no regulation in place allowing for fast-track procedures for visa applications or work permits,
which is often needed, for example, in case of sickness of an artist who needs to be quickly replaced as ‘the show
must go on’.
There are also difficulties for EU performers travelling to other parts of the world, in particular to the US. Long, timeconsuming and costly application procedures make visa requests to enter the US extremely burdensome, especially
for large performing arts companies (for example a symphony orchestra of nearly 100 musicians, or a dance company
of 40 dancers). If the touring organisation employs third country nationals from outside the EU, the procedure gets
even more complicated and difficult.
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Comment
The performers should be treated in the same way as other groups, such as professional footballers, golfers, jockeys,
racing drivers and tennis players, who can benefit from the far simpler and cheaper Business (B-1) Visa system or
even travel without visa, provided they earn their living principally outside the US.
13.2 Treaty Basis
In the area of justice, freedom and security, the Treaty of Lisbon facilitated action at the European level through the
use in almost all circumstances of the "Community method", i.e. qualified majority decision-making based on
proposals from the Commission, involving also an enhanced role for the European Parliament, increased democratic
control from national parliaments, and a scrutiny role for the Court of Justice.
Article 77 TEU (ex article 62 TEC) VISA – BORDER CONTROL – FREEDOM OF MOVEMENT
1. The Union shall develop a policy with a view to:
•
Ensuring the absence of any controls on persons, whatever their nationality, when crossing internal
borders
•
Carrying out checks on persons and efficient monitoring of the crossing of external borders
•
The gradual introduction of an integrated management system for external borders
2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary
legislative procedure, shall adopt measures concerning:
(a) The common policy on visas and other short-stay residence permits;
(b) The checks to which persons crossing external borders are subject;
(c) The conditions under which nationals of third countries shall have the freedom to travel within the Union
for a short period;
(d) Any measure necessary for the gradual establishment of an integrated management system for external
borders;
(e) The absence of any controls on persons, whatever their nationality, when crossing internal borders.
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Article 78 TEU (ex Articles 63, points 1 and 2, and 64(2) TEC) ASYLUM
1. The Union shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to
offering appropriate status to any third-country national requiring international protection and ensuring compliance
with the principle of non-refoulement. This policy must be in accordance with the Geneva Convention of 28 July 1951
and the Protocol of 31 January 1967 relating to the status of refugees, and other relevant treaties.
2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary
legislative procedure, shall adopt measures for a common European asylum system comprising:
(a) A uniform status of asylum for nationals of third countries, valid throughout the Union;
(b) A uniform status of subsidiary protection for nationals of third countries that, without obtaining European asylum,
are in need of international protection;
(c) A common system of temporary protection for displaced persons in the event of a massive inflow;
(d) Common procedures for the granting and withdrawing of uniform asylum or subsidiary protection status;
(e) Criteria and mechanisms for determining which Member State is responsible for considering an application for
asylum or subsidiary protection;
(f) Standards concerning the conditions for the reception of applicants for asylum or subsidiary protection;
(g) Partnership and cooperation with third countries for the purpose of managing inflows of people applying for
asylum or subsidiary or temporary protection.
3. In the event of one or more Member States being confronted by an emergency situation characterised by a sudden
inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional
measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.
Article 79 TEU (ex Article 63, points 3 and 4, TEC) IMMIGRATION POLICY
1.
The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient
management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the
prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.
2.
For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the
ordinary legislative procedure, shall adopt measures in the following areas:
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(a) The conditions of entry and residence, and standards on the issue by Member States of long-term visas and
residence permits, including those for the purpose of family reunification;
(b) The definition of the rights of third-country nationals residing legally in a Member State, including the conditions
governing freedom of movement and of residence in other Member States;
(c) Illegal immigration and unauthorised residence, including removal and repatriation of persons residing without
authorisation;
(d) Combating trafficking in persons, in particular women and children.
3.
The Union may conclude agreements with third countries for the readmission to their countries of origin or
provenance of third-country nationals who do not or who no longer fulfill the conditions for entry, presence or
residence in the territory of one of the Member States.
4.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may
establish measures to provide incentives and support for the action of Member States with a view to promoting the
integration of third-country nationals residing legally in their territories, excluding any harmonisation of the laws and
regulations of the Member States.
5.
This Article shall not affect the right of Member States to determine volumes of admission of third-country
nationals coming from third countries to their territory in order to seek work, whether employed or self-employed.
13.3 Institutional Responsibilities
European Commission
Cecilia Malmström, Commissioner and responsible for Home Affairs
DG Home Affairs
European Parliament
Committee on Civil liberties, justice and
Council of the EU
General Affairs and Foreign Affairs Councils
home affairs (LIBE)
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13.4 Political Agreements
WHAT CAN WE EXPECT (2010-2014)?
Stockholm Programme – An open and secure Europe serving and protecting the citizen O.J. C 115 1;
04.05.2010
In December 2009, the European Council, in its Stockholm Programme, reaffirmed the priority it attaches to the
development of an area of freedom, security and justice and adopted a new multi-annual programme, for the period
2010-2014, in order to address the different challenges in this area.
The overall priority in the programme is to ensure respect for fundamental freedoms and integrity while guaranteeing
security in Europe.
Among other political priorities, there are the ‘Promoting of citizenship and fundamental rights’ and ‘Access to Europe
in a globalised world’.
These two priorities cover the preservation of freedom and fundamental rights beyond national borders and
integrated border management and visa policies.
Action plan implementing the Stockholm Programme (2010 – 2014) (COM(2010) 171 final, Brussels
20.04.2010)
The action plan translates the aims and priorities of the Stockholm Programme into concrete actions with a clear
timetable for adoption and implementation.
E.g. those that might be of interest to the sector:
•
Report on Directive 2003/109/EC concerning the status of third-country nationals who are long-term
residents and possible follow-up. (2011)
•
Report on Directive 2005/71/EC on a specific procedure for admitting third-country nationals for the
purposes of scientific research and possible follow-up. (2011)
•
A communication on addressing labour shortages through migration in EU Member States. (2012)
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•
Report on the application of Directive 209/50/EC on the conditions of entry and residence of thirdcountry nationals for the purpose of highly qualified employment. (2014)
•
Legislative proposal to set up Registered Traveller Programme (RTP) (2011)
•
Communication on the evaluation of the implementation of the Visa Code (Regulation (EC) No 810/2009)
(2013)
•
Communication on a new concept of the European visa policy and assessing the possibility of establishing
a common European issuing mechanism for short term visa. (2014)
MOBILITY PARTNERSHIPS
In 2007, the European Union (EU) introduced the Mobility Partnerships to improve the management of legal
movements of people between the EU and third countries ready to make significant efforts to fight illegal migration,
within the framework of the ‘Global approach to migration’.
To date, the EU has concluded Mobility Partnerships with Moldova and Cape Verde (May 2008) and with Georgia
(November 2009).
The Mobility Partnerships are best understood as a framework for projects being undertaken. The partnerships are
signed as political declarations by the Community, the EU presidency, the interested Member States and the thirdcountry.
They are implemented through the proposed projects (attached to the declarations as an annex).
e.g.: Joint Declaration of the Mobility Partnership with Georgia foresees facilitating recognition of qualifications and
matching between skills and available jobs; easier access to the national labour market under certain conditions;
enhanced circular mobility of young professionals; bilateral agreement on social security and activities in the field of
border management and control.
Member States can sign the declarations also after they have been negotiated.
13.5 External Border Control
The Schengen Area guarantees free movement within a territory of 25 countries (22 EU Member States – Austria,
Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania,
148
Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden – plus the three
associated countries Norway, Iceland and Switzerland)
Regulation 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a
Community Code on the rules governing the movement of persons across borders (Schengen Borders
Code) O.J. L 105 1; 13.04.2006 (Application > 13 October 2006)
This regulation applies to any person crossing the internal or external borders of a European Union country. External
borders may be crossed only at border crossing-points and during fixed opening hours.
When crossing an external border, European Union citizens and other persons enjoying the right of free movement
within the EU undergo a minimum check. This minimum check is carried out to establish their identity on the basis
of their travel documents and consists of a rapid and straightforward verification of the validity of the documents and
a check for signs of falsification or counterfeiting.
Non-EU country nationals are subject to thorough checks. These comprise a verification of the conditions governing
entry, including verification in the Visa Information System (VIS) and, if applicable, of documents authorising
residence and the pursuit of a professional activity.
For stays not exceeding three months per a six-month period, a non-EU country national must:
•
Possess a valid travel document;
•
Possess a valid visa, if required;
•
Justify the purpose of his/her intended stay and have sufficient means of subsistence;
•
Not have an alert issued for him/her in the Schengen Information System (SIS) for the purpose of
refusing entry;
•
Not be considered a threat to public policy, internal security, public health or the international relations of
EU countries.
If these conditions are not met, entry to the territory is refused, unless special provisions apply.
INTEGRATED BORDER MANAGEMENT
Council Regulation 2007/2004 of 26 October 2004 establishing a European Agency for the Management
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of Operational Cooperation at the external borders of Member States of the European Union O.J. L 349 1;
25.11.2004 (Agency > 1 May 2005)
The European Agency for the Management of Operational Cooperation at the External Borders of the Member States
of the European Union, FRONTEX, was set up in response to the need to improve integrated management at the
external borders of the European Union.
Although responsibility for the control and surveillance of external borders lies with the Member States, the Agency
will facilitate the application of existing and future Community measures relating to the management of these
borders.
The main tasks of the Agency are to coordinate operational cooperation between Member States as regards
management of external borders; develop a common integrated risk assessment model; help Member States train
their national border guards; monitor research relevant to the control and surveillance of external borders; assist
Member States in circumstances requiring increased technical and operational assistance at external borders and
provide Member States with the necessary support in organising joint return operations.
• EUROSUR – Communication from the Commission of 13 February 2008 to the European Parliament, the Council,
the European Economic and Social Committee and the Committee of the Regions, examining the creation of
a European Border Surveillance System (EUROSUR) COM (2008) 68 final
The Communication examines the parameters within which a European border surveillance system could be
developed, and proposes a roadmap for setting up such a "system of systems" over the next few years. It
focuses on enhancing border surveillance in order to reduce the number of illegal immigrants who enter the
European Union undetected; reduce the number of deaths of illegal immigrants by saving more lives at sea;
increase the internal security of the EU as a whole by contributing to the prevention of cross-border crime.
Member States are invited to gradually implement Phase 1: Interlinking and streamlining existing
surveillance systems and mechanisms at Member States level(Steps 1 and 2: Providing the essential border
surveillance infrastructure at national level and Communication network between the national coordination
centres including FRONTEX) from 2011 onwards, starting first with a core group of interested Member
States, with the other Member States, whenever ready, joining one after the other until the end of 2013.
Concepts and tools developed under Phase 2: Development and implementation of common tools and
applications for border surveillance at EU level (in particular steps 5 and 6: Common application of
surveillance tools and Common pre-frontier intelligence picture (CPIP)) shall be first tested and then
150
progressively inserted into the EUROSUR framework from 2012 onwards.
The next report on the progress made in developing EUROSUR will be submitted to the Council in 2010.
Regulation 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the
establishment, operation and use of the second generation Schengen Information System (SIS II) O.J. L
381 4; 28.12.2006 (Application > see below)
The second-generation Schengen Information System (SIS II) will provide higher standards and the use of the latest
technology for the purposes of rapid and effective control of passengers when entering the European Union. SIS II
will be a large-scale information system containing alerts on persons and objects. It will be used by border guards,
customs officers, and visa and law-enforcement authorities throughout the Schengen area, with a view to ensuring a
high level of security. This new system is currently undergoing extensive testing in close cooperation with Member
States and will replace the current system, providing enhanced functionalities.
The application deadlines are to be fixed by the Council, acting by the unanimity by the representatives of the
governments of the Member States participating in SIS 1+.
Communication of 13 February 2008 from the Commission preparing the next steps in border
management in the European Union COM (2008) 69 final
Following the Stockholm Programme the Commission issued a Communication on border management proposing
possible new tools for the future development of an integrated border management strategy, with the aim of meeting
the two objectives of enhancing security and facilitating travel for third-country nationals.
The Commission suggests facilitating border crossing for bona fide travellers, suggesting a system where low-risk
travellers from third countries are offered a pre-screening process on a voluntary basis, with a view to being granted
Registered Traveller Status. These travellers could then benefit from a simplified and automated border check.
European Parliament resolution of 10 March 2009 on the next steps in border management in the
European Union and similar experiences in third countries (2008/2181(INI))
Following the Commission Communication, the Parliament expressed its support for the concept of a Registered
Traveller Status. Furthermore it recommends the term ‘frequent travellers’ instead of ‘bona fide’, as the latter would
imply that a huge number of travellers are considered ‘high risk’ or ‘mala fide’.
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The Parliament also points out that several Member States already set up or are preparing a registered travellers
system and highlights the risk of ending up with a patchwork of systems.

In the Action Plan implementing the Stockholm programme a Legislative proposal to set up
Registered Traveller Programme (RTP) is foreseen for 2011.
13.6 Visa
According to the Treaty the EU is responsible for visas and other short-stay residence permits, Long-stay visa and
residence permits are under Member State authority although some provisions treat the subject of long-stay visa,
aiming to combat illegal immigration and residence and to ensure fundamental rights of long-term residents.
Regulation 265/2010 of the European Parliament and the Council of 25 March 2010 amending the
convention implementing the Schengen Agreement O.J. L 85 1; 31.03.2010 (Application > 5 April 2010)
This Regulation replaces article 18 of the Schengen Convention. As the legal and practical situation of third-country
nationals, legally residing in a Member State on the basis of a long-stay visa, had significant negative consequences
on the freedom of movement within the Schengen Area, this Regulation foresees that a holder of a long-stay visa can
travel in the Schengen zone under the same conditions as the holder of a residence permit.
The article 18 also states that a long-stay will have a validity of no more than one year and will be replaced by a
residence permit in case of a stay of longer duration.
Council Regulation 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for
third-country nationals O.J. L 157 1; 15.06.2002 (Application > 15 June 2006)
In order to prevent and combat illegal immigration and residence, residence permits issued by Member States to
third-country nationals shall be drawn up in a uniform format.
Council Directive 2003/109 of 25 November 2003 concerning the status of third-country nationals who
are long-term residents O.J. 16 44; 23.1.2004 (Implementation> 23 January 2006)
By creating a single status for long-term resident Non-EU Member Country nationals, the Directive approximates the
laws of the Member States and ensures equal treatment throughout the Union, whatever the Member State of
residence.
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Member States must recognise long-term resident status after five years' continuous legal residence. A long-term
resident may exercise the right of residence, for a period exceeding three months, in a Member State other than the
one which granted him the status, subject to compliance with certain conditions.
WHO NEEDS A VISA
Council Regulation 539/2001 of 15 March 2001 listing the third countries whose nationals must be in
possession of visas when crossing the external borders and those whose nationals are exempt from
that requirement O.J. L 81 1; 21.03.2001 (Application > 15 March 2001)
This regulation harmonises visa requirements for non-EU nationals entering the European Union. It provides a
common list of countries whose nationals must hold a visa when crossing the external borders of a Member State
(Annex I).
The regulation also lists the countries whose nationals are exempt from the visa requirement for stays of maximum
three months (Annex II). In addition, the visa requirement is waived for certain categories.
Considering the principle of reciprocity, the Regulation foresees that, when a third country included in Annex II
decides to make the nationals of one or more Member States subject to visa obligation, the Commission shall be
notified and will take steps with the authorities of the third country in order to restore visa-free travel.

Proposal for a regulation of the European Parliament and of the Council amending
Regulation 539/2001 – moving countries from the Western Balkan (Albania and Bosnia and
Herzegovina) to annex II (COD (2010/137)) Vote foreseen for October 2010.
http://www.europarl.europa.eu/oeil/file.jsp?id=5857072

Proposal for a regulation of the European Parliament and of the Council amending
Regulation 539/2001 – moving Taiwan and Northern Mariana Islands to annex II (COD(2010/192))
Vote foreseen for November 2011
http://www.europarl.europa.eu/oeil/file.jsp?id=5863052
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TYPES AND PROCEDURES
Regulation 810/2009 of the European Parliament and the Council of 13 July 2009 establishing a
Community Code on Visas (Visa Code) O.J. L 243 1 15.09.2009 (Application > 5 April 2010)
The Visa Code takes on board, in one legal instrument, the old ‘Schengen Decisions’ and the Common Consular
Instructions (CCI).
It is compulsory for all the Schengen states ( EU Member States, Iceland, Norway, Switzerland/ except for the UK and
Ireland, Bulgaria, Romania and Cyprus) and shall apply to any third- country national who must be in possession of a
visa when crossing the external borders of the Member States pursuant to Council Regulation 539/2001 of 15 March
2001.
The regulation establishes the procedures and conditions for issuing short-term and transit visa.
A distinction is made between Airport transit visa, Uniform visa and visa with limited territorial validity.
Concerning the Airport transit visa, Annex IV foresees a list of third-countries (12 in total) whose nationals must
hold this sort of visa in order to be allowed to transit through the international zone of a Schengen airport without
entering the Schengen territory. Individual Member States may require other third country nationals to hold an airport
transit visa, but only in urgent cases of mass influx of illegal immigrants.
The so-called Uniform visa are visa issued with a view to transit through or an intended stay in the territory of
Member States for a period of no more than three months in any six-month period from the date of first entry in the
territory of Member States. The allowed duration will be adapted to the purpose of travel. These visas are valid for
the territory of all Member States.
Visa for visits exceeding a three month period remain subject to national procedures and authorize the holder to stay
on the national territory of the host Member State only. However, such visa are valid as uniform short-stay visa for a
period of not more than three months, which means that holders of a long term visa can travel freely on the territory
of all Member States during the above mentioned period.
(> Regulation 265/2010 of the European Council and the European Parliament of 25 March 2010 amending the
Convention Implementing the Schengen Agreement and Regulation 562/2006 as regards movement of persons with a
long-stay visa)
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Only exceptionally visa with limited territorial validity will be issued.
Further the regulation foresees equal treatment of visa applicants by introducing a maximum deadline (max. 2
weeks) for obtaining an appointment for lodging the application and for the Member State to take the decision (15
calendar days).
The visa applications will be examined by the Member State which is the main destination, and if no main destination
can be determined, the Member State whose external border the applicant intends to cross in order to enter the
Schengen zone.
Visa fees are fixed to a certain amount (60€ or 35€ for countries with which the EU has concluded visa facilitation
agreements) and limited exceptions can be made at national level.
(e.g. for representatives of non-profit organizations, aged 25 or less participating in seminars, conferences, sports,
cultural or educational events organised by non-profit organizations)
In order to lessen the administrative burden of Member States’ consulates and to facilitate smooth travel for frequent
or regular travellers multiple-entry visa not exceeding a period of five years.
! Applicants known to the consulate for their integrity and reliability should as far as possible benefit from a
simplified procedure.
Also legal certainty is provided as the Visa Code sets out a list of standard grounds for refusal and the right to
appeal.
Comment
Although this Regulation provides more clarity on short-term and transit visa, a regulatory framework for very short
term stays of less than three months is missing in European legislation.
Council Regulation 1683/95 of 29 May 1995 laying down a uniform format for visas O.J. L 164 1,
14.7.1995 (Application > 3 August 1995)
This Regulation lays down a uniform format for visas for all the Member States.
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Regulation 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa
Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS
Regulation) O.J. L 218 60, 13.08.2008 (Application > 2 September 2008 – Operational > 2012 at the earliest)
In order to facilitate the visa application procedure and to prevent visa shopping the VIS Regulation defines the
purpose and functionalities of the Visa Information System. It provides the conditions and procedures for the
exchange of visa data between the European Union (EU) countries and associated countries applying the common
visa policy. Thus, the examination of applications for short stay visas and decisions on extending, revoking and
annulling visas, as well as the checks on visas and the verifications and identifications of visa applicants and holders
are facilitated.
The main purposes of the VIS are to verify the authenticity of the visa and the identity of its holder. (> Schengen
Borders Code)
EXCEPTIONS
Visa facilitation agreements (short-stay visa)
The purpose of visa facilitation agreements is to promote interaction between the citizens of the European Union and
the contracting States. The agreement serves to facilitate the issuance of visas for a short stay.
The European Union and the contracting States wish to facilitate personal interaction which is a prerequisite for the
stable development of economic, humanitarian, cultural, scientific and other relations by facilitating the issuance of
visas to the citizens of the European Union and the contracting States in compliance with the principle of reciprocity.
Visa facilitation agreements apply to visas for the Schengen area for an intended stay of no more than 90 days per
period of 180 days.
An agreement between the European Community and the Russian Federation has been in force from 1 June
2007. Agreements between the European Community and Albania, Bosnia and Herzegovina, Moldova and Ukraine
have been in force from 1 January 2008.
The main content of the agreements is:
-
Simplification of documentary evidence
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-
Multiple-entry visas
-
Waived visa fees, for others 35 EUR
-
Defined visa processing time
Albania:
 Agreement between the European Community and the Republic of Albania on the facilitation of the issuance of
visas (Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/85)
Bosnia and Herzegovina:
•
Agreement between the European Community and Bosnia and Herzegovina on the facilitation of the issuance of
visas (Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/97)
Georgia

Agreement between the European Union and Georgia on the facilitation of the issuance of visas (Official Journal of
the European Union, 24 Dec. 2010, Nr. L 308/1)
Macedonia:
 Agreement between the European Community and the Former Yugoslav Republic of Macedonia on the facilitation
of the issuance of visas (Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/125)
Moldova:
•
Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of
visas (Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/169)
Montenegro:
 Agreement between the European Community and the Republic of Montenegro on the facilitation of the issuance
of visas (Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/109)
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Russian Federation:
•
Agreement between the European Community and the Russian Federation on the facilitation of the issuance of
visas to the citizens of the European Union and the Russian Federation (Official Journal of the European
Union, 25 May 2006, Nr. L 334/169)
Serbia:
 Agreement between the European Community and the Republic of Serbia on the facilitation of the issuance of
visas (Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/137)
Ukraine:

Agreement between the European Community and Ukraine on the facilitation of the issuance of visas (Official
Journal of the European Union, 18 Dec. 2007, Nr. L 332/68)
Cape Verde
On going
Comment
These agreements define that for persons participating in scientific, cultural and artistic activities, including
university and other exchange programmes, a written request from the host organisation to participate in those
activities is sufficient to justify the purpose of the journey.
Under the Visa Code Regulation other documents are needed to justify a journey, such as documents regarding a
proof of accommodation, and of sufficient means to cover the expenses for accommodation. Documents must also
indicate that the applicant possesses sufficient means of subsistence for the duration of his stay and for the return
to his country.
Council Regulation 1295/2003 of 15 July 2003 relating to measures envisaged to facilitate the
procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004
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Olympic or Paralympics Games in Athens O.J. L 183 1; 22.07.2003
Considering that the goal of the Olympic Movement is to contribute to building a peaceful and better world by
educating youth through sport and that the European Union has always recognised the educational value of sport
and its major economic and social impact, the Commission argued in its proposal that it was necessary to provide for
temporary derogation from certain provisions of the aquis communautaire relating to visas.
This Regulation foresees a special procedure in order to facilitate the entry into the Schengen area of members of the
Olympic Family taking part in the 2004 Games in Athens.
According to the procedure, a responsible organisation can file a collective application for visas at the same time as
filing the application for an Olympic Games accreditation card.
A visa for the duration of the Olympic Games may then be issues where the person concerned has been accredited by
the Organising Committee of the 2004 Olympic Games as a participant in the 2004 Olympic Games
The processing of the visa will not give rise to any fees.
! Today the Visa Code makes a general rule of these special procedures:
(27) When a Member State hosts the Olympic Games and the Paralympics Games, a particular scheme facilitating the
issuing of visas to members of the Olympic family should apply.
Regulation 2046/2005 of the European Parliament and of the Council of 14 December 2005 relating to
measures envisaged to facilitate the procedures for applying for and issuing visas for members of the
Olympic family taking part in the 2006 Olympic and/or Paralympics Winter Games in Turin O.J. L 334 1;
22.12.2005
This Regulation provides the Community with the necessary legislation to facilitate the issuing of visas in time for the
2006 Winter Olympics in Turin. It takes over most of the arrangements and procedures that were applied for the
2004 Games in Athens.
US visa waiver program (US VWP)
The Visa Waiver Program (VWP) is a program of the U.S. which allows citizens of specific countries to travel to the US
159
for tourism or business for up to 90 days without having to obtain a visa.
Currently, 36 countries - 23 of them EU member states - are included in the programme. US citizens have equivalent
visa-free access to the whole of the EU.
The Commission was concerned, in 2008, that the US requirement that people fill out ESTA forms prior to travel could
be tantamount to a visa requirement. It carried out an investigation but concluded, in December 2008, that this was
not the case. The Commission's longstanding position has been that countries whose nationals can travel to the EU
without a visa must grant EU citizens equivalent visa-free access. The Commission said today that it would carry out a
further assessment of the ESTA system (System of the Electronic System for Travel Authorization), in light of the
introduction of the fee.
In August 2010 The European Commission “very much” regretted a decision by the US to impose a $14 (€10.52) fee
on foreigners visiting the country without a visa, which became effective on 8 September 2010. The Commission
plans to analyse the fee to determine whether the new measure is equivalent to the US imposing a visa requirement
on EU citizens.
13.7 Issues related to work
GENERAL
In general the legislation on third-country nationals working in a Member State is under Member State authority,
although there are some European initiatives, mainly focusing on safeguarding the rights of workers and
strengthening European economic growth.
EU INITIATIVES
Directive 2009/52 of the European Parliament and the Council of 18 June 2009 providing for minimum
standards on sanctions and measures against employers of illegally staying third-country nationals O.J.
L 168 24; 30.06.2009 (Implementation > 20 July 2011)
According to this Directive employers are obliged to require non-EU nationals to produce a residence permit or
another authorisation to stay before taking up employment; keep copies of the permit or authorisation for the
duration of the employment, in case of inspection by the national authorities; notify the authorities within the period
established by the Member State when they employ a non-EU national.
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Member States must ensure that infringements are subject to effective, proportionate and dissuasive sanctions,
including financial sanctions in relation to each illegally employed non-EU national and payment of the costs for
returning the illegally employed non-EU nationals.
Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country
nationals for the purposes of highly qualified employment (Blue Card Directive) O.J. L 155 17, 18.06.2009
(Implementation > 19 June 2011)
The Directive allows highly qualified workers from third countries to work in the EU for an initial period of four years if
they fulfill the following criteria: they have to possess a college diploma or have completed five years occupational
training, enjoy a job contract or a job offer for at least one year, and their gross income has to be at least 50 percent
above the national average. Individual decisions as to whether a Blue Card will be issued are left to the Member State
in question.
Comment
The objective of the Blue Card is to enhance the knowledge-based economy in Europe and sustain its
competitiveness and economic growth. The criteria laying down the conditions to obtain a Blue Card make it quasi
impossible to become a useful tool for the performing arts sector.
Council Directive 2005/71 of 12 October 2005 on a specific procedure for admitting third-country
nationals for the purposes of scientific research. O.J. L 289 15; 3.11.2005 (Implementation > 12 October
2007)
Considering that globalisation of the economy calls for greater mobility of researchers and endorsing the objective of
becoming the most competitive and dynamic knowledge-based economy in the world, this Directive lays down the
conditions for the admission of third-country researchers to the Member States for more than three months for the
purposes of carrying out a research project under hosting agreements with research organisations.
The specific procedure for researchers is based on collaboration between the research organisation and the
immigration authorities in the Member States: it gives the former a key role in the admission procedure with a view to
facilitating and speeding up the entry and residence of third country researchers in the Community while preserving
Member States’ prerogatives with respect to immigration policing. This means that any research organisation wishing
to host a researcher first needs to be approved for that purpose by the Member States.
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A researcher who has a hosting agreement with a recognised organisation will be granted a residence permit for at
least a year.
Comment
Could artists to be qualified as researchers and cultural organisations as research organisations?
For the purpose of the Directive:
‘Research’ means creative work undertaken on a systematic basis in order to increase the stock of knowledge,
including knowledge of man, culture and society, and the use of this stock of knowledge to devise new applications.
‘Research organisation’ means any public or private organisation which conducts research and which has been
approved for the purposes of this Directive by a Member State in accordance with the latter’s legislation or
administrative practice.
‘Researcher’ means a third-country national holding an appropriate higher education qualification, which gives access
to doctoral programmes, who is elected by a research organisation for carrying out a research project for which the
above qualification is normally required.
The first two definitions leave the path open for the performing arts sector but the definition of ‘Researcher’ hinders
the possibility of performing arts employees to benefit from these procedures as higher education qualifications
providing access to doctoral programmes are required.
Recommendation of the European Parliament and of the Council of 28 September 2005 to facilitate the
issue by the Member States of uniform short-stay visas for researchers from third countries travelling
within the community for the purpose of carrying out scientific research. O.J. 289 23, 3.11.2005
The Parliament and the Council of Ministers consider that in order to be competitive and attractive at international
level, Member States should take the necessary steps to make it easier for researchers to enter and move within the
Community for short periods. It is also recommended to facilitate the issue of visas, to set up a multiple entry visa to
promote mobility and to cancel administrative visa fees for researchers.
Comment
162
This is one of the first initiatives where short period stays are encouraged and Member States are recommended to
take initiatives to facilitate administration in this regard. It seeks to implement the provisions from the Visa Code on
bona fida travellers in national legislation.
Council Directive 2004/114 of 13 December 2004 on the conditions of admission of third country
nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service O.J.
L 375 12, 23.12.2004 (Implementation > 12 January 2007)
This Directive determines the conditions and procedure for admission of third-country nationals to the territory of the
Member States for a period exceeding three months for the purposes of studies, pupil exchange; unremunerated
training or voluntary service. It depends on Member States’ decisions whether the part concerning pupil exchange,
unremunerated training and voluntary service is applicable.

Proposal for a Directive of the European Parliament and of the Council on the conditions of
entry and residence of third-country nationals for the purposes of seasonal employment
COM (2010) 379 final
http://www.europarl.europa.eu/oeil/FindByProcnum.do?lang=2&procnum=COD/2010/0210
The proposal establishes a fast-track procedure for the admission of third-country seasonal workers, based on a
common definition and common criteria, in particular the existence of a work contract or a binding job offer that
specifies a salary, which is vital in order to avoid an unfair advantage for employers and exploitative working
conditions for seasonal workers.
Seasonal workers will be issued with a visa or a residence permit allowing them to work for a maximum period of six
months in any calendar year.

Proposal for a single application procedure for a single permit to reside and work common
set of rights for third-country workers COM (2007) 638 final
http://www.europarl.europa.eu/oeil/FindByProcnum.do?lang=2&procnum=CNS/2007/0229
The provisions of this Directive aim to introduce a procedural simplification (single application procedure and single
permit) and secure the legal status of third-country workers legally residing in the territory of a Member State in the
form of equal treatment.
163
The proposal provides for a single application procedure for third country nationals seeking to enter the territory of a
Member State to work. If granted the permit to stay and work should be issued in a single act. There is a general
obligation for Member States to provide for a "one-stop-shop" system and to comply with certain safeguards and
standards when handling the application. Furthermore there is a general prohibition on additional permits (e.g. a
work permit). As to the format of this single document, it is to take the harmonized format of the existing EU
residence permit for third-country nationals, established by Regulation (EC) No 1030/2002.
The proposal further grants rights to third-country nationals legally working in the territory of a Member State by
defining fields where equal treatment should be provided in the case of own nationals. Equal treatment with own
nationals in principle would apply to all third-country workers legally residing and not yet holding long-term resident
status.
(>supra: see chapter 5. Employment and social affairs. Social security for third country nationals)
13.8 International Agreements
MODEL PROTOCOL ON CULTURAL COOPERATION – EU TRADE AGREEMENTS
The UNESCO Convention on Protection and Promotion of the Diversity of Cultural Expressions, entered into force in
March 2007, EC and most of its Members States having ratified it. The Convention foresees that countries have to
promote cultural diversity and this should also be reflected in their international agreements and in the
implementation of such agreements.
Without prejudice to the fact that UNESCO guidelines are being elaborated, the EU has drafted a model Protocol on
Cultural Cooperation to be included in future trade agreements. The negotiation of the first of these trade agreements
taking into account the UNESCO Convention, have been successfully concluded between the EU and CARIFORUM,
creating binding commitments to develop cultural cooperation.
Protocol III on Cultural Cooperation”, in “Economic Partnership Agreement between the CARIFORUM
States, of the one part, and the European Community and its Member States, of the other part O.J. L
289; 30.10.2008.
The Cultural Protocol encompasses 3 provisions devoted to the performing arts. This was the result from proposals
submitted by Pearle* to DG Trade.
164
Thanks to this Protocol on Cultural Cooperation, live performance organizations will enjoy favorable conditions with
regard to cultural contacts and artist and artistic exchanges of a non-economic nature.
Following sector-specific paragraphs have been included in the agreement, referring to cultural cooperation in the
sector:
1.
The Parties, in conformity with their respective legislations, shall facilitate through appropriate
programmes and development instruments increased contacts between practitioners in the performing arts
in areas such as professional exchanges and training, inter alia participation in auditions, development of
networks and promotion of networking;
2.
The Parties shall encourage joint productions in the fields of performing arts between one or
several Community Member States and one or several [REGION] states.
3.
The Parties shall encourage the development of international theatre technology standards and the
use of theatre stage signs, including through appropriate standardisation bodies. They shall facilitate the
cooperation towards this objective.
The first Cultural Protocol was attached to the FTA between EU and South Korea. The Council has agreed that the
date of provisional application for this agreement shall be 1 July 2011, provided that the European Parliament has
given its consent to the FTA and that the Regulation of the European Parliament and of the Council implementing the
bilateral safeguard clause of the EU-Korea FTA is in force.
Similar Protocols on Cultural Cooperation have been introduced in partnership documents with Central America and
the Andean Community, which are currently being finalised.
(Supra > see chapter 3. Culture. Page 42)
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Chapter Fourteen. RADIO SPECTRUM
14.1 Introduction
In today’s digital world, countless new technologies appear on the market – and the use of radio spectrum gets more
and more interesting for different groups of users. All wireless equipment and services must transmit and receive
information via the radio spectrum. To ensure that the competing applications for radio spectrum do not interfere
with each others’ operations it is essential to coordinate and regulate the allocation of frequencies properly at both
national and international level. The aim of EU policy proposals in this area is to coordinate the approach to radio
spectrum management across the Union.
In order to coordinate the policy two groups were set up:
The Radio Spectrum Policy Group (RSPG) is a group of high-level representatives that advise on broad policy
in the area.
The Radio Spectrum Committee (RSC) which assists the Commission in developing technical implementation
measures.
14.2 Treaty Basis
Article 114 (ex Article 95 TEC)
1. Save where otherwise provided in the Treaties, the following provisions shall apply for the achievement of the
objectives set out in Article 26. The European Parliament and the Council shall, acting in accordance with the ordinary
legislative procedure and after consulting the Economic and Social Committee, adopt the measures for the
approximation of the provisions laid down by law, regulation or administrative action in Member States which have as
their object the establishment and functioning of the internal market.
2. Paragraph 1 shall not apply to fiscal provisions, to those relating to the free movement of persons nor to those
relating to the rights and interests of employed persons.
3. The Commission, in its proposals envisaged in paragraph 1 concerning health, safety, environmental protection and
consumer protection, will take as a base a high level of protection, taking account in particular of any new
development based on scientific facts. Within their respective powers, the European Parliament and the Council will
also seek to achieve this objective.
166
4. If, after the adoption of a harmonisation measure by the European Parliament and the Council, by the Council or
by the Commission, a Member State deems it necessary to maintain national provisions on grounds of major needs
referred to in Article 36, or relating to the protection of the environment or the working environment, it shall notify
the Commission of these provisions as well as the grounds for maintaining them.
5. Moreover, without prejudice to paragraph 4, if, after the adoption of a harmonisation measure by the European
Parliament and the Council, by the Council or by the Commission, a Member State deems it necessary to introduce
national provisions based on new scientific evidence relating to the protection of the environment or the working
environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation
measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them.EN C
83/94 Official Journal of the European Union 30.3.2010
6. The Commission shall, within six months of the notifications as referred to in paragraphs 4 and 5, approve or reject
the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a
disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the
functioning of the internal market.
In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4
and 5 shall be deemed to have been approved.
When justified by the complexity of the matter and in the absence of danger for human health, the Commission may
notify the Member State concerned that the period referred to in this paragraph may be extended for a further period
of up to six months.
7. When, pursuant to paragraph 6, a Member State is authorised to maintain or introduce national provisions
derogating from a harmonisation measure, the Commission shall immediately examine whether to propose an
adaptation to that measure.
8. When a Member State raises a specific problem on public health in a field which has been the subject of prior
harmonisation measures, it shall bring it to the attention of the Commission which shall immediately examine whether
to propose appropriate measures to the Council.
9. By way of derogation from the procedure laid down in Articles 258 and 259, the Commission and any Member
State may bring the matter directly before the Court of Justice of the European Union if it considers that another
Member State is making improper use of the powers provided for in this Article.
10. The harmonisation measures referred to above shall, in appropriate cases, include a safeguard clause authorising
the Member States to take, for one or more of the non-economic reasons referred to in Article 36, provisional
measures subject to a Union control procedure.
167
14.3 Institutional Responsibilities
European Commission
Neelie Kroes, Commissioner and Vice-President responsible for Digital Agenda
DG Information Society and Media
European Parliament
Industry, Research and Energy (ITRE)
Council of the EU
Transport, Telecommunications and Energy
Council
Working Party on Telecommunications and
Information Society (H.5)
Others:
- Radio Spectrum policy group
- Radio Spectrum policy committee
- European Telecommunications Standards Institute (ETSI)
- European Conference of Postal and Telecommununications Administrations (CEPT)
14.4 Legislative Decisions
Commission Decision 2010/368 of 30 June 2010 amending Decision 2006/771/EC on harmonisation of
the radio spectrum for use by short-range devices O.J. L 166; 1.7.2010
Commission Decision 2010/368/EU amends Commission Decision 2006/771/EC by replacing the technical annex with
an updated version. The conditions described in the technical annex have to be implemented in the national spectrum
regulations of Member States.
Commission Decision 2010/267 of 6 May 2010 on harmonised technical conditions of use in the 790862 MHz frequency band for terrestrial systems capable of providing electronic communications
services in the European Union
O.J. L 117 95; 11.05.2010
168
The European Commission has adopted a Decision establishing harmonised technical rules for Member States on the
allocation of radio frequencies in the 800 MHz band that contribute to the deployment of high-speed wireless internet
services by avoiding harmful interference.
If Member States decide to change the existing frequency allocation they must immediately apply the harmonised
technical rules laid down by the Decision to make these frequencies available to wireless broadband applications.

Proposal for a decision of the European Parliament and the Council establishing the first
radio spectrum policy programme COM/2010/0471 final - COD 2010/0252
The proposed programme sets out policy orientations and objectives for the strategic planning and harmonisation of
spectrum use in order to achieve the internal market. It supports the Europe 2020 Strategy and the Digital Agenda
for Europe and promotes other EU policies concerned with spectrum. It will ensure the application of principles and
define policy orientations for all aspects of spectrum policy with an EU dimension. The programme sets concrete
priority initiatives for enhanced coordination, flexibility, and availability of spectrum for wireless broadband
communications and other specific EU policies; it requires an inventory of existing uses and emerging spectrum. It
identifies improvements to safeguard EU interests in international negotiations, and to assist Member States in
bilateral negotiations, and calls for improved cooperation between technical bodies.
Live performance will typically use the 800 MHz band for wireless microphones as it allows for the best quality for the
audience and minimises possible effects of interference or fading out. It is also used for communication between
backstage and front stage and is essential to guarantee safety of productions. Other services such as broadcasting
are on this band. By moving broadcasting from analogue spectrum to digital, frequencies become available for other
services. The EU has decided that all current users, including our sectors which are quoted under the PMSE
(Programme Making and Special Events) should explore how to adapt their technologies and use of other frequencies.
A coordinated approach is desirable to avoid imbalances and unwanted effects across Europe. If spectrum is allocated
in different frequency ranges it might be that equipment is not compatible in different countries. For example: a
touring band not able to use the right frequencies in a country where it has to perform. This aspect of mobility,
touring and internal market is an important argument to call for coordination at European level. The consequences
are important and they may become very expensive for producers, organisers, venues or festivals.
Commission Decision 2006/771/EC on the harmonisation of the radio spectrum for use by short-range
devices (SRD) O.J. L 312 66; 11.11.2006
The impact of this Commission decision will be that all short range wireless devices, often portable mass market
products, can be operated without a licence in all Member States. Consumers will not have to check whether specific
169
equipment can be used in each Member State. Nor will they have to worry that a wireless product bought in one
Member State will not work in another, or that it will disrupt other wireless communications.
According to the Decision Member States have to designate and make available, on a non-exclusive, non-interference
and non-protected basis, the frequency bands for the types of short-range devices, subject to the specific conditions
and by the implementation deadline provided in the annex to the Decision.
Decision 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory
framework for radio spectrum policy in the European Community O.J. L 108 1; 24.04.2002
The objective of this Decision is to establish a policy framework for the use of the radio spectrum, taking account of
the economic, cultural, scientific and social aspects of Community policy, as well as considerations of security, public
interest and freedom of expression. The Decision is also aimed at establishing a legal framework to ensure that the
conditions for the availability and effective use of the radio spectrum are harmonised. The final objective is to protect
the interests of the European Community in international negotiations on the use of the spectrum.
Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the
authorisation of electronic communications networks and services (Authorisation Directive) O.J. L 108;
24.4.2002 (Implementation > 25 July 2003)
The provisions of this Directive cover authorisations for all electronic communications networks and services, whether
they are provided to the public or not. However, they only apply to the granting of rights to use radio frequencies
where such use involves the provision of an electronic communications network or service, normally for remuneration.
The aim is to establish a harmonised market for electronic communications networks and services by limiting
regulation to the minimum that is strictly necessary.
The main innovation is the replacement of individual licences by general authorisations, while a special scheme for
attributing frequencies and numbers continues to exist. According to this principle, the provision of electronic
communications networks or services may only be subject to a general authorisation. In other words, the undertaking
concerned may be required to submit a notification but it may not be required to obtain an explicit decision or any
other administrative act by the national regulatory authority (NRA) before exercising the rights stemming from the
authorisation. Undertakings providing cross-border services shall not be required to submit more than one notification
per Member State concerned.
170
A clear distinction is made between the conditions applicable under the general authorisation and those linked to the
rights to use radio frequencies and numbers.
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common
regulatory framework for electronic communications networks and services (Framework Directive) O.J.
L 108; 24.4.2002 (Implementation > 25 July 2003)
The objective of this Directive is to establish a harmonised framework for the regulation of electronic communications
networks and services. It also includes certain aspects of terminal equipment to facilitate access for disabled users. It
contains horizontal provisions serving the other measures: the scope and general principles, basic definitions, general
provisions on the national regulatory authorities (NRAs), the new concept of significant market power, and rules for
granting certain essential resources such as radio frequencies, numbers or rights of way.
In response to the convergence of technologies and the need for horizontal regulation of all infrastructures, the new
framework is no longer limited to telecommunications networks and services but covers all electronic communications
networks and services. This includes fixed-line voice telephony, mobile and broadband communications and cable and
satellite television. On the other hand, the content of services delivered over electronic communications networks,
such as broadcasting content or financial services, is excluded, as is telecommunications terminal equipment to
facilitate access for disabled users.
This Directive requires the adoption of national measures in terms of access to electronic communications with a view
to respecting the fundamental rights and freedoms of natural persons.
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Chapter Fifteen. REGIONAL POLICY
15.1 Introduction
Through its regional policy, the EU transfers resources from affluent to poorer areas with the aim to modernise
regions so that they can catch up with the rest of the EU.
The European Fund for Regional Development (EFRD), the European Social Fund (ESF) and the Cohesion Fund
contribute to three objectives: Convergence, Regional Competitiveness and Employment, and European Territorial
Cooperation.
The EU also promotes culture in different EU regions and supports the access for the performing arts sector to all the
EU structural funds.
15.2 Treaty Basis
Article 174 TFEU (ex Article 158 TEC)
In order to promote its overall harmonious development, the Union shall develop and pursue its actions leading to the
strengthening of its economic, social and territorial cohesion.
In particular, the Union shall aim at reducing disparities between the levels of development of the various regions and
the backwardness of the least favored regions.
Among the regions concerned, particular attention shall be paid to rural areas, areas affected by industrial transition,
and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost
regions with very low population density and island, cross- border and mountain regions.
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15.3 Institutional Responsabilities
European Commission
Johannes Hahn, Commissioner and responsible for Regional Policy
DG for Regional policy
European Parliament
Council of the EU
Committee on Regional Development (REGI)
Others:
- Committee of the Regions
- European Investment Bank
15.4 Political Agreements
Regulation (EU) No 539/2010 of the European Parliament and of the Council of 16 June 2010 amending
Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional
Development Fund, the European Social Fund and the Cohesion Fund as regards simplification of
certain requirements and as regards certain provisions relating to financial management O.J. L 158;
24.6.2010 (Application > 26 June 2010, with specifications article 3)
This new Regulation aims to counterbalance the negative effects of the economic crisis and in concrete to facilitate
the management and absorption of European Union funding. New financial engineering instruments are available for
energy efficiency and renewable energy in buildings, including in existing housing. These new financial engineering
instruments are the logical consequence of the eligibility of energy efficiency and renewable energy adopted in
Regulation 397/2009 in May 2009.. The scope of the admissible guarantees for Beneficiaries of State Aid is extended.
Hence, a guarantee provided by a bank or by other financial institution established in a Member State is equivalent to
a facility provided as a guarantee by a public entity or the Member State.
Council Regulation 1083/2006 of 11 July 2006 laying down general provisions on the European
Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation
1260/1999 O.J. L 210 25; 31.7.2006 (Application > 26 July 2006, with specifications article 108)
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This general Regulation defines common principles, rules and standards for the implementation of the three cohesion
instruments, the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion
Fund. Based on the principle of shared management between the Union and the Member States and regions, this
regulation sets out a renewed programming process, based on Community Strategic Guidelines for Cohesion and their
follow-up, as well as common standards for financial management, control and evaluation. The reformed delivery
system will provide for a simpler, proportional and more decentralised management of the Structural Funds and the
Cohesion Fund.
Regulation 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European
Regional Development Fund and repealing Regulation 1783/1999 O.J. L 210 1; 31.7.2006 (Application > 1
August 2006)
The regulation on the European Regional Development Fund (ERDF) defines its role and fields of interventions such
as the promotion of public and private investments helping to reduce regional disparities across the Union. The ERDF
will support programmes addressing regional development, economic change, enhanced competitiveness and
territorial cooperation throughout the EU. Funding priorities include research, innovation, environmental protection
and risk prevention, while infrastructure investment retains an important role, especially in the least developed
regions
Regulation 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European
Social Fund and repealing Regulation 1784/1999 O.J. L 210 12; 31.07.2006
The European Social Fund (ESF) will be implemented in line with the European Employment Strategy and it will focus
on four key areas: increasing adaptability of workers and enterprises, enhancing access to employment and
participation in the labour market, reinforcing social inclusion by combating discrimination and facilitating access to
the labour market for disadvantaged people, and promoting partnership for reform in the fields of employment and
inclusion.
Regulation 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European
grouping of territorial cooperation (EGTC) O.J. L 210 19; 31.7.2006
In the light of the difficulties encountered by Member States in the field of cross-border cooperation, this Regulation
introduces a new cooperation instrument at Community level as part of the reform of regional policy for the period
2007-2013. European groupings of territorial cooperation (EGTCs) will be legal entities and will be set up from 1
January 2007.
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The objective of EGTCs is to facilitate and promote cross-border, transnational and interregional cooperation between
its members. An EGTC is made up of Member States, regional authorities, local authorities and/or bodies governed by
public law, as the case may be.
Council Regulation 1084/2006 of 11 July 2006 establishing a Cohesion Fund and repealing Regulation
1164/94 O.J. L 210 79; 31.07.2006
The Cohesion Fund contributes to interventions in the field of the environment and trans-European transport
networks. It applies to Member States with a Gross National Income (GNI) of less than 90% of the Community
average which means it covers the new Member States as well as Greece and Portugal. Spain will be eligible to the
Cohesion Fund on a transitional basis.
Commission Regulation 1828/2006 of 8 December 2006 setting out rules for the implementation of
Council Regulation 1083/2006 laying down general provisions on the European Regional Development
Fund, the European Social Fund and the Cohesion Fund and of Regulation1080/2006 of the European
Parliament and of the Council on the European Regional Development Fund O.J. L 371 1; 27.12.2006
The European Commission's implementing regulation for the Structural and Cohesion Funds 2007-2013 represents a
set of detailed rules on the management of cohesion policy's financial instruments.
In order to disseminate information on funding opportunities under cohesion policy programmes the present
Regulation identifies information and communication measures to inform the actors concerned and the citizens of the
EU. These programmes are intended to increase competitiveness, create jobs and strengthen economic and social
cohesion within the Community.
As well as disseminating information, this Regulation identifies the responsibilities and roles of each of the actors
involved.
Guidelines on national regional aid for 2007-2013 O.J. C 54 13; 4.3.2006
In order to assist the economic development of Europe's most disadvantaged regions during the period 2007-2013,
national regional aid is designed to support investment and job creation and encourage firms to set up new
establishments. National regional aid consists of investment aid granted to large companies and to small and
medium-sized enterprises (SMEs), and operating aid (in certain limited circumstances). As a general rule, aid should
be granted under a multi-sectorial aid scheme which forms an integral part of a regional development strategy.
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These guidelines contain the criteria applied by the Commission when examining the compatibility of national regional
aid with the treaty provisions on state aid.
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Chapter Sixteen. TAXATION
16.1 Introduction
INDIRECT TAX
The Value Added Tax, or VAT, in the EU is a general, broadly based consumption tax assessed on the value added to
goods and services. It applies more or less to all goods and services that are bought and sold for use or consumption
in the Community.
The EU harmonised Member State legislation concerning VAT in order to ensure the free movement within the
European Market.
DIRECT TAX
The EU has no legislative power in the field of direct taxation. It is up to national governments of the Member States
to make decisions regarding tax. There is no provision in the Treaty allowing for taxation coordination at EU level.
Direct Taxation is only indirectly taken into account by the EC Treaty. However, nearly all EU Member States apply the
OECD Model tax treaty.
16.2 Treaty Basis
Indirect Tax - Article 113 TFEU
The Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the
European Parliament and the Economic and Social Committee, adopt provisions for the harmonisation of legislation
concerning turnover taxes, excise duties and other forms of indirect taxation to the extent that such harmonisation is
necessary to ensure the establishment and the functioning of the internal market and to avoid distortion of
competition.
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Direct Tax – Article 115
The Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the
European Parliament and the Economic and Social Committee, issue directives for the approximation of such laws,
regulations or administrative provisions of the Member States as directly affect the establishment of functioning of the
internal market.
16.3 Institutional Responsibilities
European Commission
Algirdas Semeta, Commissioner and responsible for Taxation and Customs Union, Audit and
Anti-Fraud
DG Taxation and Customs Union
European Parliament
Committee
on
Economic
Affairs (ECON)
and
Council of the EU
Monetary
Economic and Financial Affairs Council
Working Party on Tax Questions (D.4)
Others
- Organization for Economic Co-operation and Development Council (OECD)
16.4 Indirect Tax
In 2007 the Council reached a political agreement on two draft Directives and a draft Regulation aimed at changing
the rules on VAT so as to ensure that VAT on services accrues to the country where consumption occurs, and to
prevent distortions of competition between Member States operating different VAT rates.
The VAT-package contains:
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-
a Directive on the place of supply of services (amendment to Council Directive 2006/112)
-
a mini one stop shop for telecom, broadcasting and e-commerce services
Businesses supplying telecommunication, broadcasting and electronic services to consumers in other member
states will be able to comply with all their VAT formalities in the member state of identification i.e. where their
business is established or if not established in the community, where they have a VAT identification number. This
mini one stop shop will enter into force as from January 2015. The member state of identification shall use the
individual VAT number of the taxable person for the use of this special scheme. The local VAT due of the
member state of consumption will be allocated to the member state of consumption.
-
a Directive on procedures VAT refunds to non-established businesses (Council Directive 2008/9)
-
a Regulation on the exchange of information between Member States which is necessary to underpin the
new arrangements (amendment to Council Directive 1789/ 2003)
Council Directive 2008/8/EC of 12 February 2008 amending Directive 2006/112/EC as regards the
place of supply of services
O.J. L 44; 20.2.2008 (Implementation > )
Amending acts:
Directive 2006/138 of 29 December 2006 > 1 January 2007
Directive 2007/75 of 29 December 2007 > 1 January 2008
Directive 2008/8 of 20 February 2008 > between 1 January 2009 and 1 January 2015
Directive 2008/117 of 21 January 2009 > 1 January 2010
Directive 2009/69 of 24 July 2009 > 1 January 2011
Directive 2009/162 of 15 January 2010 > 1 January 2011
The 2008/8 Directive on the place of supply of services will ensure that VAT on services will better accrue to the
country of consumption.
As from 1 January 2010, according to the Directive, the business-to-business supplies of services will be taxed where
the customer is situated, rather than where the supplier is located. For business-to-consumer supplies of services, the
place of taxation will continue to be where the supplier is established.
However, in certain circumstances, the general rules for supplies both to businesses and to consumers are not
applicable and specific rules apply to reflect the principle of taxation at the place of consumption. Exceptions include
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services such as cultural, sporting, scientific, education and entertainment services. According to Article 53 the place
of supply of services and ancillary services relating to cultural, artistic…and entertainment activities, shall be the place
where those activities are physically carried out. E.g. when buying a ticket in Belgium for a show in France, France
VAT-rules will apply.
Supply of goods will generally be taxed at the location of the goods at the time of supply.
Supply of goods is considered as the transfer of the right to dispose of tangible property as owner (e.g. buying a cd in
a store). Any transaction which does not constitute a supply of goods constitutes a supply of services (e.g.
downloading music).
Council Directive 2008/9 of 12 February 2008 laying down detailed rules for the refund of value added
tax, provided for in Directive 2006/112, to taxable persons not established in the Member State of
refund but established in another Member State O.J. L 44 23; 20.02.2008 (Implementation > 1 January 2010)
The Directive foresees that a taxable person who has paid VAT in a Member State where he is not established may
secure reimbursement through a special procedure. Since January first 2010, the procedure for reimbursement of
VAT incurred by EU taxable persons in Member States where they are not established has been replaced by a new
fully electronic procedure, thereby ensuring a quicker refund to claimants. It applies to any taxable person not
established in the Member State of refund.
Council Directive 2006/112 of 28 November 2006 on the common system of value added tax
O.J. L 347 1; 11.12.2006 (Implementation > 1 January 2008)
This directive codifies the provisions implementing the common system of VAT, which applies to the production and
distribution of goods and services bought and sold for consumption within the European Union.
Council Regulation 1789/2003 of 7 October 2003 on administrative cooperation in the field of value
added tax and repealing Regulation 218/92 O.J. L 264 1; 15.10.2003 (Implementation > 1 January 2004)
In order to combat VAT evasion, this Regulation determines the conditions of cooperation between national
authorities responsible for applying VAT legislation on supplies of goods and services; intra-Community acquisition of
goods; importation of goods. It also provides a structure for cooperation between these national authorities and the
Commission. To that end, it lays down rules and procedures to enable the competent authorities to cooperate and
exchange information with each other, helping them to effect a correct VAT assessment.
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16.5 Direct Taxation
OECD Model Tax Convention on Income and on Capital
The main purpose of the OECD Model Tax Convention is to provide a means of settling on a uniform basis the most
common problems that arise in the field of international juridical double taxation. Member Countries to the OECD
should conform to this Model Convention when concluding or revising bilateral agreements.
Several articles of the Model Convention are of special importance to the sector:
Article 7 – Business Profit
According to this Article the profits of an enterprise of a Contracting State shall be taxable only in that State, unless
the enterprise also carries on business in another Contracting State through a permanent establishment. In that case
the profits of the enterprise may be taxed in the other state but only so much as it attributable to that permanent
establishment.
Article 12 – Royalties
‘Royalties’ are payments of any kind received as a consideration for the use of, or the right to use, any copyright of
literary, artistic or scientific work including cinematograph films, any patent, trade mark, design or model, plan, secret
formula or process, or for information concerning industrial, commercial or scientific experience.
Royalties arising in a Contracting State and beneficially owned by a resident of another Contracting State shall be
taxable in that other State.
Article 15 – Income from employment
Income from employment by a resident of a Contracting state shall be taxable in that State.
When the employment is exercised in another state, the remuneration as is derived there from may be taxed in that
other State. Under certain conditions, this employee will only be taxable in its home State. That is if:
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-
the recipient is present in the other State for a period not exceeding 183 days in any twelve month period,
and
-
the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and
-
the remuneration is not borne by a permanent establishment which the employer has in the other State
Article 17 – Artists and Sportsmen
The OECD (the organization for Economic cooperation and development) recommends its Member countries to
implement Article 17, paragraph 1 and 2, on the taxation of artists in bilateral or multilateral tax treaties. Article 17
sets aside the normal allocation rules for companies and self-employed persons, as well as those applying to
employees.
This means that even when an artist company does not have a permanent establishment in the country of
performance it is still taxable there. It also means that artists as employees are taxable in the country of
performance, regardless of where the employer is based.
Paragraph 10 of the Commentary on the OECD convention prefers to stay out of the discussion about the deductibility
of expenses. It leaves the Member Sate in which the performance takes place to decide whether expenses are taken
into consideration before applying the taxing right.
The OECD only mentions that: ‘Domestic law differs in this area, and some provide for taxation at source, at a low
rate based on the gross amount paid to artists and sportsmen. ‘
As a result, artists are taxed both in the country of performance and in their home country. Although many countries
have inserted an ‘article 17(3)’ clause in their bilateral tax treaties, granting an exemption in the performance country
when a certain condition is met, such as being financed by public funds or performing on the basis of a cultural
agreement or an exchange programme. In that situation only the residence country has the right to tax performance
income.
The role of the European Court of Justice
The ECJ can analyse every possible conflict of national law with the freedom principles of the EC treaty. The nonresident artist taxation was tested against the freedom principles in three cases: the Arnoud Gerritse decision (C234/01); FKP Scorpio Konzertproduktion GmbH (C-290/04) and the Centro Equestre de Leziria Grande Lda case (C345/04).
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With its judgment in the Leziria case the ECJ confirmed its judgments in the Gerritse and the Scorpio case wherein it
stated that where a Member State exercises its taxation right on the income generated in its territory by nonresidents, it must allow a deduction of the costs directly connected to the activity that generated this income, if it
grants such deduction to residents. These judgements thus affect the tax base but do not prohibit double taxation.
Several infringement procedures were subsequently opened by the Commission, asking Member States to comply
with these judgements, stating that the prohibition of the deduction of business expenses from gross receipts and
prohibition of the deduction of indirect expenditure in many cases result in an objectively unjustified higher taxation
of such non-residents as compared with residents. (e.g. IP/07/413; 08/144; 08/337; 09/292; 08/1533; 07/1163;
09/291)
Following the commentary on Article 17 of the OECD Model Treaty and these decisions of the European Court of
Justice several EU countries have changed their artist and sportsman tax rules and rates, such as Germany, Sweden
and Spain. Others are under pressure from the European Commission. Only the Netherlands and Denmark are not
levying tax anymore.
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Chapter
Seventeen.
TRADE,
INDUSTRY,
ECONOMIC
AFFAIRS
&
ENTERPRISE
17.1 Introduction
The EU tries to create a friendly environment for business by reducing administrative burden, stimulating innovation,
encouraging sustainable production, ensuring the smooth functioning of the EU's internal market for goods, opening
up business opportunities in space and security research. In particular, it pays attention to the needs of the
manufacturing industry and of small and medium-sized enterprises (SMEs).
In accordance with these objectives, the commission launches a policy document on the small business act in 2008,
which provides a more favourable environment for SMEs. The Act is important to our sector as most of the
performing arts organisations and enterprises whether profit or non-profit entities, are small and medium-sized
enterprises.
The Lisbon Partnership for growth and jobs put innovation and entrepreneurship at the centre of an improved
knowledge based low carbon economy. In 2006, Europe started to develop an innovation policy. In 2009, the
European Year of Creativity and Innovation, the Commission further explored ways to develop a future oriented
innovation policy. The Commission proposed in 2010 the setup of a “European Creative Industries Alliance” (ECIA).
This platform, bringing together policy-makers and stakeholders, should help to develop policies and practical
instruments to better exploit the innovation potential of the creative industries in Europe.
The Commission also attaches importance to better regulation, in particular with a view to cut red tape and to reduce
administrative burdens for companies across Europe.
17.2 Treaty Basis
Article 50 TEU (ex Article 44 TEC)
1. In order to attain freedom of establishment as regards a particular activity, the European Parliament and the
Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social
Committee, shall act by means of directives.
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2. The European Parliament, the Council and the Commission shall carry out the duties devolving upon them under
the preceding provisions, in particular:
(a) By according, as a general rule, priority treatment to activities where freedom of establishment makes a
particularly valuable contribution to the development of production and trade;
(b) By ensuring close cooperation between the competent authorities in the Member States in order to ascertain the
particular situation within the Union of the various activities concerned;
(c) By abolishing those administrative procedures and practices, whether resulting from national legislation or from
agreements previously concluded between Member States, the maintenance of which would form an obstacle to
freedom of establishment;
(d) By ensuring that workers of one Member State employed in the territory of another Member State may remain in
that territory for the purpose of taking up activities therein as self-employed persons, where they satisfy the
conditions which they would be required to satisfy if they were entering that State at the time when they intended to
take up such activities;
(e) By enabling a national of one Member State to acquire and use land and buildings situated in the territory of
another Member State, in so far as this does not conflict with the principles laid down in Article 39(2);
(f) By effecting the progressive abolition of restrictions on freedom of establishment in every branch of activity under
consideration, both as regards the conditions for setting up agencies, branches or subsidiaries in the territory of a
Member State and as regards the subsidiaries in the territory of a Member State and as regards the conditions
governing the entry of personnel belonging to the main establishment into managerial or supervisory posts in such
agencies, branches or subsidiaries;
(g) By coordinating to the necessary extent the safeguards which, for the protection of the interests of members and
others, are required by Member States of companies or firms within the meaning of the second paragraph of Article
54 with a view to making such safeguards equivalent throughout the Union;
(h) By satisfying themselves that the conditions of establishment are not distorted by aids granted by Member States.
Article 54 TEU (ex Article 48 TEC)
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Companies or firms formed in accordance with the law of a Member State and having their registered office, central
administration or principal place of business within the Union shall, for the purposes of this Chapter, be treated in the
same way as natural persons who are nationals of Member States.
‘Companies or firms’ means companies or firms constituted under civil or commercial law, including cooperative
societies, and other legal persons governed by public or private law, save for those which are non-profit-making.
17.3 Institutional Responsibilities
European Commission
Antonio Tajani, Commissioner, Vice-President and responsible for Industry and
Entrepreneurship
DG Enterprise and Industry
Karel De Gucht, Commissioner and responsible for Trade
DG Trade
European Parliament
Council of the EU
Committee on Industry, Research and
Competitiveness Council
Energy (ITRE)
Committee
on
Foreign Affairs Council
Internal
Market
and
Consumer Protection (IMCO)
Committee on International Trade (INTA)
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17.4 Political Agreements
SMES
Communication of 25 June 2008 of the Commission to the Council, the European Parliament, the
European economic and social committee and the Committee of the Regions – ‘Think small first’ A
‘Small business Act’ for Europe COM (2008)394 final
This Communication sets out 10 principles including concrete measures that will make life easier for small businesses.
The principles embedded in the Small Business Act (SBA) are:
- To anchor the "Think Small First" principle in the EU
- Cutting administrative burden allowing SMEs to benefit from simplified measures and administrative costs
savings with the Commission’s objective to reduce administrative burdens on businesses by 25% in 2012 and
to engage also Member States
- Revised state aids rules making it easier for SMEs to benefit from public funding for training, research and
development, environmental protection and other types of aid.
It is a statute for a European Private Company, allowing SMEs to start up and operate according to the same
company law provisions throughout Europe.

Proposal for a Directive of the European Parliament and of the Council on combating late
payment in commercial transactions (Recast) implementing the Small Business Act
{SEC(2009) 315} {SEC(2009) 316} COM/2009/0126 final - COD 2009/0054
http://www.europarl.europa.eu/oeil/file.jsp?id=5769082
PUBLIC PRIVATE PARTNERSHIPS
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Communication of 19 November 2009 from the Commission to the European Parliament, the Council,
the European Economic and Social Committee and the Committee of the Regions of 19 November 2009
- Mobilising private and public investment for recovery and long term structural change: developing
Public Private Partnerships COM(2009)615 final
The combination of public and private capacities and money is essential in the context of the economic crisis. To
encourage these Public Private Partnerships (PPPs) the Commission issued a Communication setting out the
challenges and ways forward.
PPPs can contribute to facilitating projects in the public interest, notably infrastructures and cross-border public
services; sharing financial risks and reducing the costs of infrastructure which are normally fully funded by the public
sector.
17.5 Legislative Decisions
L ATE PAYMENT
Directive 2010/... of the European Parliament and of the Council on combating late payment in
commercial transactions (Recast)
This new Directive was voted in the European Parliament in October and has been published in the Official Journal of
the EU (L 048 23.02.2011, p. 0001). The provisions of the new Directive include, among others:
Harmonisation of period for payment by public authorities to businesses: Public authorities will have to pay for the
goods and services that they procure within 30 days or, in very exceptional circumstances, within 60 days.
Contractual freedom in businesses commercial transactions: Enterprises will have to pay their invoices within 60 days,
unless they expressly agree otherwise and if it is not grossly unfair.
Enterprises will automatically be entitled to claim interest for late payment and will also be able to obtain a minimum
fixed amount of €40 as a compensation for recovery costs. They can claim compensation for all remaining reasonable
recovery costs.
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The statutory Interest rate for late payment will be increased to at least 8 percentage points above the European
Central Bank’s reference. Public authorities are not allowed to fix an interest rate for late payment below. Member
States may continue to maintain or to bring into force laws and regulations which are more favourable to the creditor
than the provisions of the new Directive. The Directive will probably have to be transposed into national law by
beginning of 2013.
Directive 2000/35/EC of the European Parliament and of the Council of 20 June 2000 on combating late
payment in commercial transactions O.J. L 200 35; 08.08.2000 (Implementation > 8 August 2002)
The Directive only applies to transactions between undertakings or between undertakings and public authorities. The
Directive does not harmonise payment periods, but creates a statutory right to interest 30 days after the date of the
invoice, unless another payment period has been negotiated in the contract.
TOURISM
Tourism is a key sector of the European economy. It comprises a wide variety of products and destinations and
involves many different stakeholders, both public and private, with areas of competence very decentralised, often at
regional and local levels.
The Lisbon Treaty acknowledged the importance of tourism outlining a specific competence for the European Union in
this field and allowing for decisions to be taken by qualified majority. The Article 195 TFEU on tourism specifies that
“the Union shall complement the action of the Member States in the tourism sector, in particular by promoting the
competitiveness of Union undertakings in that sector”.
With 370 million international arrivals in 2008, Europe has more than 40% of the global figure.
Communication from the Commission to the European Parliament, the Council, the European Economic
and Social Committee and the Committee of the Regions – Europe, the world’s n°1 tourist destination –
a new political framework for tourism in Europe COM (2010)352 final
The Commission document outlines a policy that aims at supporting this essential sector of the European economy
and proposes initiatives to promote its competitiveness, its sustainable and quality-based development and the
visibility of Europe as an outstanding tourist destination.
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Several actions foreseen in the Communication may have an impact on the performing arts sector or provide new
paths for lobbying:
-
Creating a European heritage label, alongside actions such as European Heritage Days or the
European Union Prize for Cultural Heritage.
-
In preparing its forthcoming communication on electronic commerce in the internal market, which will
assess the implementation of the electronic commerce Directive, the Commission will examine the
possibilities for strengthening the integration of the tourism sector in this context.
-
The development of a pilot project aimed at networking research institutes, universities, public and
private monitoring units, regional and national authorities and national tourism offices.
-
Based on the results of the pilot project, the Commission will promote the implementation of a 'virtual
tourism observatory' to support and coordinate research activities by the various national research institutes
and provide socioeconomic data on tourism at European level.
ENTREPRENEURSHIP
Communication from the Commission to the Council, the European Parliament, the European Economic
and Social Committee and the Committee of the Regions of 11 February 2004 entitled "Action Plan: The
European agenda for Entrepreneurship" COM (2004) 70
For, although 47% of Europeans express a preference for self-employment, only 17% actually realise their ambitions.
Therefore, the Commission proposed a series of measures to promote entrepreneurship in order to help
entrepreneurs fully realise their ambitions and provide them with a business climate conducive to entrepreneurship.
The main goals of the Communication are: encouraging more people to become entrepreneurs and gearing them for
growth and competitiveness by e.g. facilitating business transfers and supporting businesses in developing interenterprise relations.
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Council Regulation 2157/2001 of 8 October 2001 on the Statute for a European company O.J. L 294 1;
10.11.2001
The aim of these documents is to create a "European company" with its own legislative framework. This will allow
companies incorporated in different Member States to merge or form a holding company or joint subsidiary, while
avoiding the legal and practical constraints arising from the existence of different legal systems. This legislative
framework also provides for the involvement of employees in European companies, giving due recognition to their
place and role in the business.
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Chapter Eighteen. TRANSPORT
18.1 Introduction
A well-functioning transport communication is vital for EU citizens and businesses. EU transport policies aim at
fostering clean, safe and efficient travel throughout Europe. The single market for air transport in the EU has greatly
benefited passengers: they now enjoy lower fares and a wider choice of carriers and services than in the past.
However, following the attacks of September 11, 2001, the EU established a common aviation security regime which
resulted in an increasing number of security measures. As people working in the live performance sector are very
mobile these measures have created extra burdens including more travelling time.
The performing arts sector has to ask EU legislators for derogation in the legislation on passengers rights and safety,
in order to facilitate travelling. For example, some music instruments are very vulnerable and highly valuable.
Therefore, they can’t be stored in the luggage sections of airplanes.
So musicians should be provided with a
possibility to carry their music instruments in the cabin luggage section in the planes. If for security reasons this is not
possible, the mobility of artists is reduced.
18.2 Treaty Basis
Article 58 TFEU (ex Article 51 TEC)
Freedom to provide services in the field of transport shall be governed by the provisions of the Title relating to
transport.
Article 90 (ex Article 70 TEC)
The objectives of the Treaties shall, in matters governed by this Title, be pursued within the framework of a common
transport policy.
Article 91 (ex Article 71 TEC)
1. For the purpose of implementing Article 90, and taking into account the distinctive features of transport, the
European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after
consulting the Economic and Social Committee and the Committee of the Regions, lay down:
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(a) Common rules applicable to international transport to or from the territory of a Member State or passing across
the territory of one or more Member States;
(b) The conditions under which non-resident carriers may operate transport services within a Member State;
(c) Measures to improve transport safety;
(d) Any other appropriate provisions.
2. When the measures referred to in paragraph 1 are adopted, account shall be taken of cases where their application
might seriously affect the standard of living and level of employment in certain regions, and the operation of transport
facilities.
18.3 Institutional Responsabilities
European Commission
Siim Kallas, Commissioner, Vice-President and responsible for Transport
DG Mobility & Transport
European Parliament
Committee
on
Transport
and
(TRAN)
Council of the EU
Tourism
Transport, Telecommunications and Energy
Council
Working Party on Land Transport (H.1)
18.4 Legislative Decisions
Communication from the Commission to the Parliament and the Council on the Use of Security Scanners
at EU airports COM (2010) 311 final
This Communication addresses an increasing use of Security Scanners at the airports of the European Union regulated
at national level. Different standards of scanners currently deployed in Europe bring a serious risk of fragmenting
fundamental rights of EU citizens. Therefore the Commission foresees to decide on the next steps to take, on whether
or not to adopt a legislative framework to ensure full respect of human rights and health concerns.
193
Regulation 300/2008 of the European Parliament and of the Council of 11 March 2008 on common
rules in the field of civil aviation security and repealing Regulation 2320/2002 O.J. L 97 72; 09.04.2008
This Regulation establishes common rules to protect civil aviation against acts of unlawful interference that jeopardise
the security of civil aviation. It sets out common basic standards in the annex. These standards concern amongst
others access control, screening of persons and baggage.
Regulation 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail
passengers’ rights and obligations O.J. L 315 14; 03.12.2007
This Regulation establishes rules concerning the information to be provided by railway undertakings; their liability and
insurance obligations for passengers and their luggage; the protection of, and assistance to disabled persons and
persons with reduced mobility travelling by rail as well as general rules on enforcement. It applies to all rail journeys
and services throughout the EU.
Regulation 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the
rights of disabled persons and persons with reduced mobility when travelling by air O.J. L 204 1;
26.07.2006
The Regulation sets out the right to assistance for disabled persons at airports, as well as the responsibility for
assistance and quality standards.
Regulation 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing
common rules on compensation and assistance to passengers in the event of denied boarding and
cancellation or long delay flights, and repealing Regulation 295/91 O.J. L 46 1; 17.2.200
The Directive sets out the rights of passengers in case of denied boarding, cancellation of long delay. Depending on
the situation a passenger shall be offered compensation, reimbursement of re-routing and/or care. These rights only
belong to passengers departing from or to an airport situated in the territory of a Member State to which the treaty
applies. When being offered benefits or compensation in a third country they do not apply.
Directive 2003/59/CE of the European Parliament and of the Council of July 2003 on the initial on the
initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or
passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and
repealing Council Directive 76/914/EEC. OJ L 226, 10.9.2003, p. 4
194
The Directive set out a new condition for the professional drivers. Beside holding a driving licence, professional drivers
will have to hold a ‘certificate of professional competence’ (CPC), obtained by completing the initial qualification or
periodic training. However the Directive mentioned an exemption which could be used for the sector. Indeed the
directive shall not apply to the drivers of “vehicle carrying material or equipment to be used by the driver in the
course of his or her work, provided that driving the vehicle is not the driver’s principal activity”
195
List of Regulations
(Only regulation with binding force)
CHAPTER ONE. COMPETITION & STATE AID
Commission Regulation 330/2010 of 20 April 2010 on the application of Article 101 (3) of the Treaty on the
Functioning of the European Union to categories of vertical agreements and concerted practices O.J. L 102 1;
23.04.2010 (Entry into force > 1 June 2010)
CHAPTER TWO. CONSUMERS
Consumers Protection
Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away
from business premises
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in
respect of distance contracts
Directive 1999/44/EC of the European Parliament and the Council of 25 May 1999 on certain aspects of the sale of
consumer goods and associated guarantees
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-toconsumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives
97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation 2006/2004 of the
European Parliament and of the Council (‘Unfair Commercial Practices Directive’) O.J. 149 22; 11.06.2005
(Implementation > 12 June 2007)
Regulation 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between
national authorities responsible for the enforcement of consumer protection laws OJ L 364 1, 9.12.2004
E-commerce
196
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the Internal Market ("Directive on electronic
commerce") O.J. 178 2; 17.07.2000 (Implementation > 17 January 2002)
CHAPTER THREE. CULTURE & EDUCATION
Education
The Bologna Declaration of 19 June 1999 – Joint declaration of the European Ministers of Education
Decision 1720/2006 of the European Parliament and of the Council of 15 November 2006 establishing an action
programme in the field of lifelong learning O.J. L 327 45; 24.11.2006
Culture
Decision 1855/2006 of the European Parliament and of the Council of 12 December 2006 establishing the Culture
Programme (2007 to 2013) O.J. L 372 1; 27.12.2006
UNESCO Convention, 30 January 2007
CHAPTER FOUR. ECONOMIC & MONETARY AFFAIRS
CHAPTER FIVE. EMPLOYMENT & SOCIAL AFFAIRS
Protection of Employees Rights
Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions
applicable to the contract or employment relationship O.J. L 288 32 18.10.1991 (Implementation by 30 June 1993)
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of
workers in the framework of the provision of services O.J. L 018 01 21/01/1997 (Implementation by 17 December
1999)
197
Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded
by UNICE, CEEP and the ETUC O.J. L 14 20.01.1998 (Implementation > 20/01/2000)
Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to
collective redundancies O.J. L 225 16 12.08.98
(Consolidation of Council Directive 75/129/EEC, as amended by
Directive 92/56/EEC) (Implementation > consolidated directives)
Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by
ETUC, UNICE and CEEP O.J. L 175, 10.7.1999 (Implementation > 10 July 2001)
Commission Decision of 19 December 2008 setting up the Committee of Experts on Posting of Workers (2009/17/EC)
OJ L 8 13.1.2009 (Implementation by 13 January 2009)
Council Directive 94/33 of 22 June 1994 on the protection of young people at work O.J. L 216 12, 20.08.1994
(Implementation > 22 June 1996)
Equal Treatment
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in
employment and occupation O.J. L 303 2.12.2000 (Implementation > 2 December 2003)
Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the
safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or
businesses OJ L 82 16 22.03.2001 (Implementation > consolidated Directives) (Consolidation of Directive
77/187/EEC, as amended by Directive 75/129/EEC)
Directive 2006/54/EC of the European Parliament and of the Council on the implementation of the principle of equal
opportunities and equal treatment of men and women in matters of employment and occupation OJ L 204 23
26/07/2006 (Implementation by 15 August 2008 - review by 15 February 2013) (Consolidation of Directive
75/117/EEC; 76/207/CEE; 86/378/EEC; 97/80/EC)
Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of
religion or belief, disability, age or sexual orientation COM (2008) 426 final – CNS 2008/0140
198
Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle
of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council
Directive 86/613/EEC O.J. 180 1; 15.07.2010 (Implementation > 5 August 2012)
Working Time
Directive 2003/88/EC of the European Parliament and the Council of 4 November 2003 concerning certain aspects of
the organisation of working time OJ L 299 18.11.2003 (Implementation by 2 August 2004)
Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of
employees in the event of the insolvency of their employer
OJ L 283 36 28.10.2008 (Consolidation of Council
Directive 80/987/EEC, as amended by Directive 87/164/EEC and 2002/74/EC) (Implementation > consolidated
directives)
Directive 2008/104/EC of the European Parliament and the Council of 19 November 2008 on temporary agency work
OJ L 327 5.12.2008 (Implementation by 5 December 2011 - review by 5 December 2013)
Maternity Leave
Council Directive 92/85 of 19 October 1992 on the introduction of measures to encourage improvements in the safety
and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. O.J. L 348
1; 28.11.1992 (Implementation > 19 October 1994)
Parental Leave
Council Directive 2010/18 of 8March 2010 implementing the revised Framework Agreement on parental leave
concluded by BUSINESSEUROPE, EUAPME, CEEP and ETUC and repealing Directive 96/34/EC O.J. L 68 13;
18.03.2010 (Implementation > 8 March 2012)
Coordination in Social Security
Council Directive 98/49 of 29 June 1998 on safeguarding the supplementary pension rights of employed and selfemployed persons moving within the Community O.J. L 209 46, 25.7.1998
199
Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social
security systems O.J. L 200 1; 07.06.2004 (Application > 27 July 2009 – latest modifications > 1 May 2010)
Regulation 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure
for implementing Regulation 883/2004 on the coordination of social security systems
O.J. L 284 1, 30.10.2009
(Application > 1 May 2010)
CHAPTER SIX. ENERGY & ENVIRIONMENT
Energy
Directive 2002/91 of the European Parliament and of the Council of 16 December 2002 on the energy performance of
buildings O.J. L 1 65, 4.1.2003
Directive 2010/31 of the European Parliament and of the Council of 19 May 2010 on the energy performance of
buildings O.J. L 153 13; 18.06.2010 (Implementation > see infra in text)
Environment
Directive 2002/49 of the European Parliament and the Council of 25 June 2002 relating to the assessment and
management of environmental noise O.J. L 189 12; 18.7.2002
CHAPTER SEVEN. HEALTH & SAFETY
Health and Safety at work
Council Directive 89/391 of 12 June 1989 on the introduction of measures to encourage improvements in the safety
and health of workers at work O.J. L 183 1; 29.06.1989 (Implementation > 31 December 1992 – Amending Directive
2007/30 > 31 December 2012)
Council Directive 89/654 of 30 November 1989 concerning the minimum safety and health requirements for the
workplace O.J. L 393 1, 30.12.1989 (Implementation > 31 December 1992)
200
Council Directive 89/656 of 30 November 1989 on the minimum health and safety requirements for the use by
workers of personal protective equipment at the workplace O.J. L 393 18; 30.12.1989 (Implementation > 31
December 1992 – Amending Directive 2007/30 > 31.12.2007)
Council Directive 90/269 of 29 May 1990 on the minimum health and safety requirements for the manual handling of
loads where there is a risk particularly of back injury to workers O.J. L 156 9; 21.06.1990 (Implementation > 31
December 1992)
Council Directive 90/270 of 29 May 1990 on the minimum safety and health requirements for work with display
screen equipment O.J. L 156 30; 21.06.1990 (Implementation > 31 December 1992)
Council Directive 91/383 of 25 June 1991 on measures to encourage improvements in the safety and health at work
of workers with a fixed-duration employment relationship or a temporary employment relationship O.J. L 206 19,
29.7.1991 (Implementation > 31 December 1992)
Council Directive 92/58 of 24 June 1992 on the minimum requirements for the provision of health and safety signs at
work O.J. L 245 23, 26.8.1992 (Implementation > 24 June 1994 – Amending Directive 2007/30 > 31 December 2012)
Council Directive 92/57 of 24 June 1992 on the implementation of minimum safety and health requirements at
temporary or mobile work sites O.J. L 245 6, 26.08.1992 (Implementation > 31 December 1993)
Council Directive 92/85 of 19 October 1992 on the introduction of measures to encourage improvements in the safety
and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. O.J. L 348
1; 28.11.1992 (Implementation > 19 October 1994)
Council Directive 98/24 of 7 April 1998 on the protection of the health and safety of workers from the risks related to
chemical agents at work O.J. L 131 11, 05.05.1998 (Implementation > 5 May 2001)
Directive 1999/92 of the European Parliament and of the Council of 16 December 1999 on minimum requirements for
improving the safety and health protection of workers potentially at risk from explosive atmospheres O.J. L 23 57,
28.01.2000 (Implementation > 30 June 2003)
Directive 2002/44 of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety
requirements regarding the exposure of workers to the risks arising from physical agents (vibration) O.J. L 177 13;
06.07.2002 (Implementation > 6 July 2005)
201
Directive 2003/10 of the European Parliament and the Council of 6 February 2003 on the minimum health and safety
requirements regarding the exposure of workers to the risks arising from physical agents (noise) O.J. L 42 38;
15.02.2003 (Implementation > 15 February 2006)
Directive 2004/40 of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety
requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) O.J.
L 159 1, 30.04.2004 (Implementation > 30.04.2008)
Directive 2004/37 of the European Parliament and the Council of 29 April 2004 on the protection of workers from the
risks related to exposure to carcinogens or mutagens at work O.J. L 204 28, 04.08.2007 (Implementation > see
codified Directives : Directive 90/394, 31.12.1992 ; Directive 97/42, 27.06.2000 ; Directive 1999/38, 29.04.2003)
Directive 2006/25 of the European Parliament and the Council of 5 April 2006 on the minimum health and safety
requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) O.J.
L 114 38, 27.4.2006 (Implementation > 27 April 2010)
Directive 2009/148 of the European Parliament and of the Council of 30 November 2009 on the protection of workers
from the risks related to exposure to asbestos at work O.J. L 330 28; 16.12.2009 (Implementation > 5 January 2010)
Sexual Harassment at work
Directive 2010/41 of the European Parliament and of the Council of 7 July 2010 on the application of the principle of
equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council
Directive 86/613/EEC O.J. L 180 1; 15.07.2010
Tobacco (see above)
Directive on minimum safety and health requirements for the workplace (89/654/EEC)
Carcinogens and Mutagens Directive (2004/37/EC)
Asbestos Directive (83/477/EEC)
Pregnant Workers Directive (92/85/EEC)
202
Drugs
Decision No 1150/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the
period 2007-2013 the Specific Programme Drug prevention and information as part of the General Programme
Fundamental Rights and Justice O.J. L 257 23, 03.10.2007
CHAPTER EIGHT. INTELLECTUAL PROPERTY RIGHTS
International Agreements
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961)
The Berne Convention for the Protection of Literary and Artistic Works (1886)
TRIPS agreement – Trade related aspects of intellectual property rights (Annex 1c of the Marrakesh Agreement
establishing the World Trade Organisation, signed in Marrakesh, Morocco on 15 April 1994)
Summary of the WIPO Copyright Treaty (WCT) (1996)
General
Directive 2001/29 of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain
aspects of copyrights and related rights in the information society O.J. L 167 10; 22.06.2001 (Implementation > 22
December 2002)
Directive 2001/84 of the European Parliament and of the Council of 27 September 2001 on the resale right for the
benefit of the author of an original work of art O.J. L 272 32; 13.10.2001 (Implementation > 1 January 2006)
Directive 2004/48 of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual
property rights O.J. L 195 16; 02.06.2004 (Implementation > 29 April 2006)
Directive 2006/115 of the European Parliament and of the Council of 12 December 2006 on rental right and lending
right and on certain rights related to copyright in the field of intellectual property O.J. L 376 28; 27.12.2006
203
(Implementation > 1 July 1994 for provisions of 92/100 (repealed) 30 June 1995 for provisions of Directive 93/98
(repealed) 21 December 2002 for provisions of Directive 2001/29 (repealed))
Directive 2006/116 of the European Parliament and of the Council of 12 December 2006 on the term of protection of
copyright and certain related rights O.J. L 372 12; 27.12.2006 (Implementation > 1 July 1995 for provisions of
Directive 93/98 (repealed); 22 December 2002 for provisions of Directive 2001/29 (repealed))
Copyright and New Technologies
Directive 93/83 of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to
copyright applicable to satellite broadcasting and cable retransmission. OJ L 248 15; 06.10.1993 (Implementation > 1
January 1995)
Directive 96/9 of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
O.J. L 77 20; 27.03.1996 (Implementation > 1 January 1998)
Directive 2007/65 of the European Parliament and of the Council of 11 December 2007 amending Council directive
89/552 on the coordination of certain provisions laid down by law, regulation or administrative action in Member
States concerning the pursuit of television broadcasting activities O.J. 332 27; 18.12.2007
Directive 2009/24 of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer
programs (Codified version) OJ L 111 16; 05.05.2009, (Implementation > 25.06.2009)
CHAPTER NINE. INTERNAL MARKET & SERVICES
Directive 2005/36 of the European Parliament and of the Council of 7 September 2005 on the recognition of
professional qualifications O.J. L 255 22; 30.09.2005 (Implementation > 20 October 2007)
Directive 2006/123 of the European Parliament and of the Council of 12 December 2006 on services in the internal
market O.J. L 376 36; 27.12.2006 (Implementation > 28 December 2008)
CHAPTER TEN. JUSTICE, RIGHTS & CITIZENSHIP
204
Directive 95/46 of the European Parliament and of the Council of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the free movement of such data O.J. L 281 31; 23.11.1995
(Implementation > 24 October 1998)
CHAPTER ELEVEN. MULTILINGUALISM
CHAPTER TWELVE. NON EU THIRD COUNTRY NATIONALS
External Border Control
Regulation 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code
on the rules governing the movement of persons across borders (Schengen Borders Code) O.J. L 105 1; 13.04.2006
(Application > 13 October 2006)
Regulation 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment,
operation and use of the second generation Schengen Information System (SIS II) O.J. L 381 4; 28.12.2006
Council Regulation 2007/2004 of 26 October 2004 establishing a European Agency for the Management of
Operational Cooperation at the external borders of Member States of the European Union O.J. L 349 1; 25.11.2004
(Agency > 1 May 2005)
Visa
Council Regulation 1683/95 of 29 May 1995 laying down a uniform format for visas O.J. L 164 1, 14.7.1995
(Application > 3 August 1995)
Council Regulation 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of
visas when crossing the external borders and those whose nationals are exempt from that requirement O.J. L 81 1,
21.03.2001 (Application > 15 March 2001)
Council Regulation 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country
nationals O.J. L 157 1, 15.06.2002 (Application > 15 June 2006)
Council Directive 2003/109 of 25 November 2003 concerning the status of third-country nationals who are long-term
residents O.J 16 44, 23.1.2004 (Implementation> 23 January 2006)
205
Regulation 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information
System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) O.J. L 218 60,
13.08.2008 (Application > 2 September 2008 – Operational > 2012 at the earliest)
Regulation 810/2009 of the European Parliament and the Council of 13 July 2009 establishing a Community Code on
Visas (Visa Code) O.J. L 243 1 15.09.2009 (Application > 5 April 2010)
Regulation 265/2010 of the European Parliament and the Council of 25 March 2010 amending the convention
implementing the Schengen Agreement O.J. L 85 1, 31.03.2010 (Application > 5 April 2010)
Visa facilitation agreements (short-stay visa)
Council Regulation 1295/2003 of 15 July 2003 relating to measures envisaged to facilitate the procedures for applying
for and issuing visas for members of the Olympic family taking part in the 2004 Olympic or Paralympics Games in
Athens O.J. L 183 1; 22.07.2003
Regulation 2046/2005 of the European Parliament and of the Council of 14 December 2005 relating to measures
envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part
in the 2006 Olympic and/or Paralympics Winter Games in Turin O.J. L 334 1; 22.12.2005
Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas
to the citizens of the European Union and the Russian Federation (Official Journal of the European Union, 25 May
2006, Nr. L 334/169)
Agreement between the European Community and Ukraine on the facilitation of the issuance of visas (Official Journal
of the European Union, 18 Dec. 2007, Nr. L 332/68)
Agreement between the European Community and the Republic of Albania on the facilitation of the issuance of visas
(Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/85)
Agreement between the European Community and Bosnia and Herzegovina on the facilitation of the issuance of visas
(Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/97)
Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas
(Official Journal of the European Union, 19 Dec. 2007, Nr. L 334/169)
206
Issues related to work
Council Directive 2004/114 of 13 December 2004 on the conditions of admission of third country nationals for the
purposes of studies, pupil exchange, unremunerated training or voluntary service O.J. L 375 12, 23.12.2004
(Implementation > 12 January 2007)
Council Directive 2005/71 of 12 October 2005 on a specific procedure for admitting third-country nationals for the
purposes of scientific research. O.J. L 289 15, 3.11.2005 (Implementation > 12 October 2007)
Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for
the purposes of highly qualified employment (Blue Card Directive) O.J. L 155 17, 18.06.2009 (Implementation > 19
June 2011)
Directive 2009/52 of the European Parliament and the Council of 18 June 2009 providing for minimum standards on
sanctions and measures against employers of illegally staying third-country nationals O.J. L 168 24; 30.06.2009
(Implementation > 20 July 2011)
CHAPTER THIRTEEN. RADIO SPECTRUM
Commission Decision 2010/267 of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz
frequency band for terrestrial systems capable of providing electronic communications services in the European
Union
O.J. L 117 95; 11.05.2010
Decision 676/2002 of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for
radio spectrum policy in the European Community O.J. L 108 1; 24.04.2002
Commission Decision 2006/771/EC on the harmonisation of the radio spectrum for use by short-range devices (SRD)
O.J. L 312 66; 11.11.2006
Commission Decision 2010/368 of 30 June 2010 amending Decision 2006/771/EC on harmonisation of the radio
spectrum for use by short-range devices
CHAPTER FOURTEEN. REGIONAL POLICY
207
CHAPTER FIFTEEN. TAXATION
Indirect Tax
VAT-package 2007
Council Directive 2006/112 of 28 November 2006 on the common system of value added tax O.J. L 347 1; 11.12.2006
(Implementation > 1 January 2008)
Council Directive 2008/9 of 12 February 2008 laying down detailed rules for the refund of value added tax, provided
for in Directive 2006/112, to taxable persons not established in the Member State of refund but established in another
Member State O.J. L 44 23, 20.02.2008 (Implementation > 1 January 2010)
Council Regulation 1789/2003 of 7 October 2003 on administrative cooperation in the field of value added tax and
repealing Regulation 218/92 O.J. L 264 1, 15.10.2003 (Implementation > 1 January 2004)
Direct taxation
OECD Model Tax Convention on Income and on Capital
CHAPTER SIXTEEN. TRADE, INDUSTRY, ECONOMIC AFFAIRS & ENTERPRISE
Directive 2000/35 of the European Parliament and of the Council of 20 June 2000 on combating late payment in
commercial transactions O.J. L 200 35; 08.08.2000 (Implementation > 8 August 2002)
Directive 2010/... of the European Parliament and of the Council on combating late payment in commercial
transactions (Recast)
CHAPTER SEVENTEEN. TRANSPORTS
Council Regulation 2157/2001 of 8 October 2001 on the Statute for a European company O.J. L 294 1, 10.11.2001
Regulation 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules
on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay flights,
and repealing Regulation 295/91 O.J. L 46 1; 17.2.200
208
Regulation 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled
persons and persons with reduced mobility when travelling by air O.J. L 204 1; 26.07.2006
Regulation 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights
and obligations O.J. L 315 14; 03.12.2007
Regulation 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of
civil aviation security and repealing Regulation 2320/2002 O.J. L 97 72; 09.04.2008
209
Chronological Overview of Regulations
(Measures both with binding and not binding force)
210
Theme
Competition&State
Aid
Competition&State
Aid
Competition&State
Aid
Consumers
Consumers
Consumers
Subject
Instrument
Year
Month
Day
Number
Audividual Works
Small and mediuem
enterprises (SME's)
Communication
2001
September
26
COM 534 final
Handbook
2009
February
25
.
Trade SME's
Consumers
Protection
Consumers
Protection
Consumers
Protection
Regulation
2010
April
20
330/2010
Directive
1985
December
20
85/577/EEC
Directive
1993
April
5
93/13/EEC
Directive
1997
May
20
97/7/EC
Directive
1999
May
25
1999/44/EC
Directive
2000
June
8
2000/31/EC
Directive
2005
May
11
2005/29/EC
Regulation
2006
October
27
2006/2004
Communication
2007
March
13
COM (2007) 99
Proposal
2008
.
.
COM 614 final
Communication
2009
October
22
COM 557 final
Proposal
2010
.
.
COM 471 final
Communication
2010
.
.
COM 245 final
Consumers
Consumers
Protection
E-commerce
Information Society
services
Consumers
Protection
Consumers
E-commerce
Consumers
Consumers
Title
cinematographic and other
audiovisual works
on Community State Aid Rules
for SME’s
categories for vertical
agreements and concerted
practices
Contracts negotiated away from
business premises
Unfair terms in consumer
contracts
Implem.
Report
.
.
O.J.
Reference
O.J. C 123;
30.4.2004
.
.
.
01.06.2010
.
31.12.1987
Protection in distance contracts
certain aspects of the sale of
consumers goods and
guarantees
04.06.2000
.
Every five
years
Every four
years
Electronic Commerce Directive
unfair business-to-consumer
commercial practices
Cooperation between national
authorities
EU Consumer Policy Strategy
2007-2013: empowering
consumers, enhancing their
welfare, effectively protecting
them
Consumers rights - Single
directive
Cross-Border business to
consumer
Radio Spectrum Policy
Programe
17.01.2002
31.12.1994
01.01.2002
07.07.2006
17.07.2003
and every
two years
O.J. L 102;
23.4.2010
O.J. L 372 ,
31.12.1985
O.J. L 95,
21.4.1993
O.J. L 144,
4.6.1997
O.J. L 171,
7.7.1999
09.12.2004
12.06.2011
Every two
years
O.J. 178 2,
17.07.2000
O.J. 149 22,
11.06.2005
O.J. 364 1,
9.12.2004
.
.
.
.
.
.
22.10.2009
.
.
.
.
.
.
.
.
O.J. L 355,
1.12.2004
12.06.2007
Consumers
Consumers
Protection
Consumers
Protection
E-commerce in the
UE
Consumers
Protection
E-commerce Digital
single market
Culture&Education
Education
Regulation
1975
February
10
337/75
A Digital Agenda for Europe
European Agency to promote
the development of VET
14.02.1975
.
Culture&Education
Education
Declaration
1999
June
19
.
The Bologna Declaration
.
.
31.08.2006
.
28.02.2008
and every
two years
thereafter
.
.
O.J. L 327 45;
Consumers
Consumers
Consumers
Consumers
Culture&Education
Digital Libraries
Recommendation
2006
August
24
2006/585/EC
Digitisation and online
accessibility and preservation of
cultural material
Culture&Education
Education
Decision
2006
November
15
1720/2006/EC
action programme in lifelong
O.J. C 297 1;
13.11.2006
211
learning
Culture&Education
Culture diversity
Decision
2006
December
12
1904/2006/EC
Culture&Education
Culture Programme
Decision
2006
December
12
1855/2006/EC
Code of Conduct
2007
February
1
.
Convention
2007
March
.
.
Resolution
2008
April
10
2007/2211(INI)
promotion for active European
citizenship
24.11.2006
01.01.2007
.
Cultural Programme 2007-2013
Implementation of the
Convention on the Protection
and Promotion of the Diversity
of Cultural Expressions
.
31.12.2015
OJ L 378,
27.12.2006
O.J. L 372 1;
27.12.2006
.
.
.
.
.
.
.
.
2012
23.04.2013
.
Every four
years
OJ C 247E
O.J. C 111 1;
06.05.2008
O.J. C 128,
18.5.2010
O.J. L 354,
31.12.2008
.
Every four
years
O.J. C 119;
28.05.2009
O.J. C 155 1;
08.07.2009
2012
18.06.2014
O.J. C 155
11;
08.07.2009
Culture&Education
Culture in External
Relations
Culture in External
Relations
European Agenda for
Culture
Culture&Education
Training
Recommendation
2008
April
23
2008/C 111/01
UNESCO convention
on a European agenda for
culture in a globalising world
European Qualifications
Framework for lifelong learning
Culture&Education
Education
Communication
2008
December
16
COM 868 final
New skills for new jobs
16.12.2008
Culture&Education
Education
Regulation
2008
December
16
1339/2008
20.01.2008
Culture&Education
Conclusions
2009
May
12
ET 2020
Culture&Education
Education
Vocational Education
and Training
Recommendation
2009
June
18
2009/C 155/01
Culture&Education
Vocational Education
and Training
Recommendation
2009
June
18
2009/C 155/02
Vocational Education
and Training
Communication
2010
June
9
COM 296 final
European Training Fundation
strategic framework for
cooperation in education and
training
European Quality Assurance
Reference Framework for VET
Developing the use european
quality assurance reference
framework in vocational
education and trainig
European cooperation for VET
to support Europe 2020
strategy
09.06.2010
.
Framework
Resolution
1997
June
17
.
.
.
State Aids
Protection of
employees rights
Communication
2011
January
11
2011/C 6/05
The Stability and Growth Pact
Temporary Union framework
for State aid measures to
support access to finance in the
current financial and economic
crisis
01.01.2011
.
Directive
1991
October
14
91/533/EEC
30.06.1993
.
Directive
1992
October
19
92/85/EEC
19.10.1994
Every five
years
Employment
Maternity Leave
Protection of
employees rights
employment relationship
health and safety for pregnant
workers, workers who have
recently given birth…
Directive
1996
December
16
96/71/EC
Posting workers
17.12.1999
16.12.2001
O.J. L 348 1,
28.11.1992
O.J. L 018 01,
21.01.1997
Employment
Specific contracts
Directive
1997
December
15
97/81/EC
framework agreement on part-
20.01.2000
.
O.J. L 14,
Culture&Education
Culture&Education
Culture&Education
Economic&Monetary
affairs
Economic&Monetary
affairs
Employment
Employment
28.05.2009
18.06.2011
.
O.J. C 236;
02.08.1997
O.J. C 6;
11.1.2011
O.J. L 288 32,
18.10.1991
212
time work
Employment
Protection of
employees rights
Directive
1998
July
20
98/59/EC
Employment
Specific contracts
Directive
1999
June
28
1999/70/EC
Employment
Equal Treatment
Directive
2000
November
27
2000/78/EC
Employment
Equal Treatment
Directive
2001
March
12
2001/23/EC
Employment
Working Time
Directive
2003
November
4
2003/88/EC
Employment
Political Agreements
Communication
2006
May
24
COM 249 final
Employment
Equal Treatment
Directive
2006
July
5
2006/54/EC
Employment
Maternity Leave
Proposal
2008
.
.
COM 637 final
Employment
Equal Treatment
Proposal
2008
July
2
COM 426 final
Employment
Working Time
Directive
2008
October
22
2008/94/EC
Employment
Directive
2008
November
19
2008/104/EC
Employment
Working Time
Protection of
employees rights
Decision
2008
December
19
2009/17/EC
Employment
Parental Leave
Directive
2010
March
8
2010/18/EU
Employment
Working Time
Communication
2010
March
24
COM 106 final
Competition
Competition
Regulation
2010
April
20
330/2010
Employment
Work decency
Resolution
2010
July
6
2009/2220(INI)
Employment
Equal Treatment
Directive
2010
July
7
2010/41/EU
Employment
Political Agreements
Coordination of
Social Security
Communication
2010
November
23
COM 682 Final
Regulation
2010
November
24
1231/2010
Employment
Collective redundancies
framework agreement on fixedterm work
general framework for equal
treatment
safeguaring employers rights in
transfers of undertakings or
business
20.01.1998
24.06.1994
.
10.07.2001
.
02.12.2005
and every
five years
02.12.2003
17.07.2001
O.J. L 225,
12.8.1998
O.J. L 175,
10.7.1999
O.J. L 303,
2.12.2000
O.J. L 82 16
22.03.2001
O.J. L 299,
18.11.2003
organitsation of working time
The EU contribution to the
implementation of the decent
work agenda in the world
implementation of the principle
of equal treatment
improvement of measures of
health and safety for pregnant
or recently deliver
between persons irrespective of
religio, disability, age or sexual
orientation
Protection employees in
insolvency of employer
02.08.2004
17.07.2006
Every five
years
.
.
15.08.2008
15.02.2011
.
O.J. L 204 23,
26.07.2006
.
.
.
02.07.2008
.
07.10.2005
08.10.2010
temporary agency work
Committee of Experts on
Posting Workers
framework agreement on
parental leave
Reviewing the working time
directive
05.12.2011
05.12.2013
13.01.2009
.
08.03.2012
.
.
O.J. L 283 36,
28.10.2008
O.J. L 327,
5.12.2008
O.J. L 8
13.1.2009
O.J. L 68 13,
18.03.2010
.
.
Vertical agreements for trade
atypical contracts, secured
professional paths, new forms
of social dialogue
application of equal treatment
in self-employment
An Agenda for new skills and
jobs: A European contribution
towards full employment
to nationals of third countries
who are not already covered by
01.06.2010
.
.
.
05.08.2012
05.08.2015
.
O.J. 180 1,
15.07.2010
.
.
.
.
.
.
.
O.J. L 102 1;
23.04.2010
213
Regulations
Energy&Environment
Environment
Directive
2002
June
25
2002/49/EC
Energy&Environment
Energy
Communication
2010
November
10
COM 639 final
Energy&Environment
Energy
Improvement of
information
Directive
2010
May
19
2010/31/EU
Decision
1988
February
24
Framework
Minimum
Requirements
Minimum
Requirements
Aproximation of
Member States laws
Minimum
Requirements
Improvement
measures
Minimum
Requirements
Minimum
Requirements
Directive
1989
June
Directive
1989
Directive
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Health and Safety
Protection of specific
group of workers
Adequation of the
workplace
Protection of specific
group of workers
Adequation of the
workplace
Adequation of the
workplace
Minimum
Requirements
Minimum
Requirements
Adequation of the
workplace
Improvement of
protection
Chemical, physical
and biological
assessment and management of
environmental noise
O.J. L 189;
18.7.2002
18.07.2004
19.07.2009
10.11.2010
at latest
31.12.2015
.
88/383/EEC
Energy 2000
energy performance of
buildings
safety, hygiene and health at
work
30.06.1988
12
89/391/EEC
Framework
31.12.1992
November
30
89/654/EEC
31.12.1994
1989
November
30
89/656/EEC
Directive
1989
December
21
89/686/EEC
workplace
Personal protective
equipements
Personal protective
equipements
.
Every five
years
Every four
years
Every five
years
Directive
1990
May
29
90/269/EEC
Manual hanling loads
31.12.1992
Directive
1991
June
25
91/383/EEC
31.12.1992
Directive
1992
June
24
92/57/EEC
Field of temporary workers
Temporary or mobile
construction sites
Directive
1992
June
24
92/58/EEC
Health Signs
24.06.1994
Directive
1992
October
19
92/85/EEC
Directive
1994
March
23
94/9/EC
Pregnant and breastfeeding
women
Equipment and systems for
explosive atmospheres
Directive
1994
June
22
94/33/EC
Young people at work
22.06.1996
Directive
1998
April
7
98/24/EC
Chemical agents
05.05.2001
Directive
1999
December
16
1999/92/EC
Explosive atmospheres
30.06.2003
Directive
2002
June
25
2002/49/EC
Noise
18.07.2004
Directive
2002
June
25
2002/44/EC
Vibration
06.07.2005
Directive
2003
February
6
2003/10/EC
Noise
14.02.2006
.
Every five
years
Every five
years
Every five
years
19.07.2009
and every
five years
Every five
years
Every five
years
Recommendation
2003
February
18
2003/134/EC
18.02.2003
.
Communication
2003
August
25
COM 515 final
self-employed workers
minimum requirements for
improving the safety and health
O.J. L 189,
18.7.2002
O.J. L 177,
6.7.2002
O.J. L 42,
15.2.2003
O.J. L 53,
28.2.2003
.
.
.
31.12.1992
31.12.1991
31.12.1993
24.11.1994
01.03.1996
01.01.2017
.
Every four
years
Every five
yeras
Every four
years
Every five
years
24.11.1998
and every
five years
.
O.J. L 153 13;
18.06.2010
O.J. L 183,
14.7.1988,
O.J. L 183,
29.6.1989
O.J. L 393,
30.12.1989
O.J. L 393,
30.12.1989
O.J. L 399,
30.12.1989
O.J. L 156,
21.6.1990
O.J. L 206,
29.7.1991
O.J. L 245,
26.8.1992
O.J. L 245,
26.8.1992
O.J. L 348,
28.11.1992
O.J. L 100,
19.4.1994
O.J. L 216,
20.8.1994
O.J. L 131,
5.5.1998
O.J. L 23,
28.1.2000
214
agents.
Health and Safety
Adequation of the
workplace
protection of workers
potentially at risk from
explosive atmospheres
2004
April
29
2004/37/EC
Carcinogens and mutagens
29.04.2003
Directive
2005
May
8
2000/14/EC
Noise emissions outdoors
30.07.2001
Directive
2006
April
5
2006/25/EC
Artificial Optical Radiation
27.04.2010
.
03.01.2007
and every
four years
Every five
years
Directive
2009
September
16
2009/104/EC
31.12.2012
.
O.J. L 162,
3.7.2000
O.J. L 114,
27.4.2006
O.J. L 260,
3.10.2009
Convention
1886
September
9
.
.
.
.
.
.
01.01.1995
01.01.2000
.
OJ L 248 15,
06.10.1993
.
.
Every
three
years
.
.
29.04.2006
.
22.12.2004
and every
three
years
01.01.2009
and every
four years
Every
three
years
.
.
.
.
.
O.J. L 276,
21.10.2005
O.J. L 376 28,
27.12.2006
O.J. L 372 12,
27.12.2006
Intellectual Property
Aproximation of
Member States laws
Adequation of the
workplace
Minimum
Requirements
Copyright and
related rights
Intellectual Property
Copyright and
related rights
Convention
1961
October
26
.
Intellectual Property
New Technologies
Directive
1993
September
27
93/83/EEC
Intellectual Property
Copyright and
related rights
Agreement
1994
April
15
.
Equipment
Protection of Literary and
Artistic Works
Protection of Performers,
Producers of Phonograms and
Broadcasting Organisations
Satellite broadcasting and cable
retransmission
Trade-Related Aspects of
Intellectual Property Rights
(TRIPS)
Directive
1996
March
11
96/9/EC
Online legal protection of
databases
01.01.1998
Treaty
1996
December
20
.
WIPO Copyright Treaty
.
Health and Safety
Health and Safety
Health and Safety
Intellectual Property
Intellectual Property
New Technologies
Copyright and
related rights
Intellectual Property
Copyright and
related rights
Directive
2001
May
22
2001/29/EC
Harmonisation of certain
aspects of copyrights
22.12.2002
Intellectual Property
Copyright and
related rights
Directive
2001
September
27
2001/84/EC
Resale rigth in benefit of the
author of an original work of art
31.12.2005
Intellectual Property
Copyright and
related rights
Directive
2004
April
29
2004/48/EC
Intellectual Property
Collective rights
Management
Communication
2004
April
16
COM 261 final
Recommendation
2005
May
18
.
enforcement of intellectual
property rights
Management of Copyright and
Related Rights in the Internal
Market
collective cross-border rights for
legitimate online music services
Directive
2006
December
12
2006/115/EC
rental right and lending right
21.12.2002
.
Directive
2006
December
12
2006/116/EC
term of protection
22.12.2002
.
Intellectual Property
Intellectual Property
Intellectual Property
Rights Management
Copyright and
related rights
Copyright and
related rights
O.J. L 158,
30.4.2004
Directive
O.J. L 77 20,
27.03.1996
O.J. L 167,
22.6.2001
O.J. L 272,
13.10.2001
O.J. L 195 16,
02.06.2004
215
Intellectual Property
Intellectual Property
Intellectual Property
Intellectual Property
Intellectual Property
Intellectual Property
Intellectual Property
Intellectual Property
Intellectual Property
Internal
Market&Services
Internal
Market&Services
Internal
Market&Services
Internal
Market&Services
Internal
Market&Services
New Technologies
Copyright and
related rights
Directive
2007
December
11
2007/65/EC
Communication
2007
.
.
Rights Management
Copyright and
related rights
Resolution
2008
September
25
COM 836 final
2008/2629
(RSP)
Proposal
2008
.
.
COM 464 final
New Technologies
Copyright and
related rights
Directive
2009
April
23
2009/24/EC
Communication
2009
.
.
COM 532 final
Communication
2009
.
.
COM 467 final
Communication
2010
Augusr
2010
September
22
Internal Market
Resolution
Judgment of the
Court
1994
August
Internal Market
Directive
2005
Internal Market
Single market for
Capital
Directive
Single Market
Copyright and
related rights
Copyright and
related rights
Copyright and
related rights
Television broadcasting
activities
Creative content online in the
Single Market
collective cross-border rights for
legitimate online music services
O.J. 332 27,
18.12.2007
19.12.2009
.
.
.
.
.
.
term of protection
Online legal protection of
computer programs
Copyright in the knowledge
economy
enforcement of intellectual
property rights in the internal
market
.
.
25.06.2009
.
.
O.J. L 111 16,
05.05.2009
.
.
.
.
.
.
.
.
.
2009/2178 (INI)
A Digital Agenda for Europe
enforcement of intellectual
property rights in the internal
market
.
.
.
9
Case 43/93
.
.
.
September
7
2005/36/EC
recognition of professional
qualifications
20.10.2005
2006
December
12
2006/123/EC
Regulation
2009
September
16
Communication
2010
October
27
26
COM 245 final
28.12.2008
924/2009
Services Directive
cross-border payments in the
Community
.
20.10.2007
and two
years
thereafter
28.12.2011
and three
years
thereafter
01.11.2009
31.10.2011
COM 608 final
Towards a Single Market Act
11.11.2010
.
24.10.1998
.
24.10.2001
and three
years
thereafter
.
.
.
.
.
.
.
.
.
.
.
O.J. C 320;
16.12.2008
Justice,
Rights&Citizenship
Protection of
individuals
Directive
1995
October
24
95/46/EC
Multilingualism
Political Agreements
Communication
2005
November
22
COM 596 final
Multilingualism
Political Agreements
Inventory
2008
.
.
SEC (2008) 2443
Multilingualism
Political Agreements
Communication
2008
September
18
COM 566 final
Multilingualism
Political Agreements
Resolution
2008
November
21
.
processing of personal data and
on the free movement of such
data
Framework Strategy for
Multilingualism
Community actions in the field
of multilingualism and results of
the online public consultation
Multilingualism
European strategy for
multilingualism
O.J. L 255 22;
30.09.2005
O.J. L 376;
27.12.2006
O.J. L 266 11,
9.10.2009
O.J. L 281 31;
23.11.1995
216
Multilingualism
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Political Agreements
Conclusions
2009
May
12
ET 2020
European Cooperation
.
.
Visa
Regulation
1995
May
29
1683/95
03.08.1995
.
Visa
Regulation
2001
March
15
539/2001
15.03.2001
30.06.2001
Visa
Regulation
2002
June
13
1030/2002
Unified format for Visas
Countries whose nationals
require or not Visa
Unified format for residence
permits
15.06.2006
Visa
Regulation
2003
July
15
1295/2003
.
4 months
after
conclusion
games
Visa
Directive
2003
November
25
2003/109 /EC
Third Country
Mobility
Border Management
Regulation
2004
October
26
2007/2004
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Nationals Work
Third Country
Nationals Work
Third Country
Nationals Work
Directive
2004
December
13
2004/114/EC
Recommendation
2005
September
28
.
Directive
2005
October
12
2005/71 /EC
Establishing FRONTEX
Admissions for students, pupil
exchange, unremunerated
training or voluntary service
Facilitations to scientific
researchers
Admissions for scientific
research
Visa
Regulation
2005
December
14
2046/2005
Olympic games 2006 Visa
Exception
Border Management
2006
March
15
562/2006
Visa
Regulation
International
Agreement
2006
May
25
.
Border Management
Regulation
2006
December
20
1987/2006
Proposal
International
Agreement
International
Agreement
2007
October
23
CNS/2007/0229
2007
December
19
2007/821/EC
2007
December
19
2007/822/EC
2007
December
19
2007/827/EC
2007
December
18
.
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Nationals Work
Visa
Visa
Visa
Visa
International
Agreement
International
Agreement
Olympic games 2004 Visa
exception
Third-country nationals longterm residents
Schengen Borders Code
Facilitation of the issuance of
visas to Russian Federation
Establishment, operation and
use of SIS II
Rights for third-country workers
legally residing in a Member
State
Facilitation of the issuance of
visas to Albania
Facilitation of the issuance of
visas to Bosnia and Herzegovina
Facilitation of the issuance of
visas to Moldova
Facilitation of the issuance of
visas to Ukraine
11.08.2003
23.01.2006
01.05.2005
23.01.2011
01.05.2008
and every
five years
12.01.2007
12.01.2010
.
09.01.2006
.
Evert three
years
4 months
after
conclusion
games
13.10.2006
13.10.2009
01.06.2007
.
17.01.2007
.
.
.
01.01.2008
.
01.01.2008
.
01.01.2008
.
01.01.2008
.
12.10.2007
O.J. C 119;
28.5.2009
O.J. L 164 1,
14.7.1995
O.J. L 81 1,
21.03.2001
O.J. L 157 1,
15.06.2002
O.J. L 183 1,
22.07.2003
O.J. L 16 44,
23.1.2004
O.J. L 349 1,
25.11.2004
O.J. L 375 12,
23.12.2004
O.J. 289 23,
3.11.2005
O.J. L 289 15,
3.11.2005
O.J. L 334 1,
22.12.2005
O.J. L 105 1,
13.04.2006
O.J. L 129 27,
17.5.2007
O.J. L 381,
28.12.2006
.
O.J. L 334 97,
19.12.2007
O.J. L 334 97,
19.12.2007
O.J. L 334
168,
19.12.2007
O.J. L 332 68,
18.12.2007
217
Third Country
Mobility
Border Management
Communication
2008
February
13
COM 69 final
Border Management
Communication
2008
February
13
COM 68 final
Visa
Regulation
2008
July
9
767/2008
Border Management
Resolution
2009
March
10
Third Country
Mobility
Third Country
Nationals Work
Directive
2009
May
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
Third Country
Nationals Work
Directive
2009
Visa
Third Country
Nationals Work
Regulation
Visa
Border Management
and Visa
Next steps in Border
Management
O.J. C 202
17,
08.08.2009
O.J. C 202
17,
08.08.2008
O.J. L 218 60,
13.08.2008
.
.
.
.
2012
2014
2008/2181(INI)
Examining creation EUROSUR
Visa Information Sistem and it's
regulation
Next steps in Border
Management
.
25
2009/50/EC
Blue Card
19.06.2011
June
18
2009/52 /EC
Measures against employers of
illegal immigrants
20.07.2011
.
19.06.2014
and every
three
years
20.07.2014
and every
three
years
2009
July
13
810/2009
05.04.2010
05.04.2012
Proposal
2010
.
.
COD/2010/0210
.
.
2010
March
25
265/2010
05.04.2010
.
2010
May
4
.
04.05.2010
.
2010
June
17
.
17.06.2010
.
.
Visa
Proposal
2010
October
.
137
.
.
.
Visa
Third Country
Nationals Work
Proposal
2011
November
.
192
.
.
.
Proposal
2010
December
.
COD/2007/0229
.
.
.
Border Management
Future
2011
.
.
.
.
.
.
Border Management
Future
2012
.
.
.
Stockholm Programme
Facilitation of the issuance of
visas to Georgia
Add Albania and Bosnia and
Herzegovina to annex II
Add Taiwan and Northern
Mariana Islands to annex II
Unification of procedures for
residence and work permit
Registered Traveller Programme
(RTP)
Labour shortages through
migration in EU
.
O.J. L 85 1,
31.03.2010
O.J. C 115 1,
04.05.2010
Visa
Regulation
Political
Agreement
International
Agreement
Visa Code
Admissions for seasonal
workers
Amendings to Convention
Schengen Agreement
.
.
.
Visa
Future
2013
.
.
.
.
.
.
Visa
Future
2014
.
.
.
.
.
Radio Spectrum
General
Decision
2002
March
7
676/2002/EC
.
.
.
O.J. L 108 1;
24.04.2002
Radio Spectrum
General
Directive
2002
March
7
2002/21/EC
Evaluation Visa Code
New concept european visa
policy
framework for radio spectrum
policy in the EC
on a common regulatory
framework for electronic
communications networks and
24.07.2003
.
OJ L 108,
24.4.2002
Third Country
Mobility
Third Country
Mobility
Third Country
Mobility
.
O.J. L 155 17,
18.06.2009
O.J. L 168 24,
30.06.2009
O.J. L 243 1,
15.09.2009
218
services
on the authorisation of
electronic communications
networks and services
the harmonisation of the radio
spectrum for use by short-range
devices
the harmonisation of the radio
spectrum for use by short-range
devices (amending Decision
2006/771/EC)
the first radio spectrum policy
programme
conditions of use in the 790-862
MHz frequency band
24.07.2003
.
OJ L 108,
24.4.2002
.
.
O.J. L 312 66;
11.11.2006
.
.
O.J. L 166;
1.7.2010
20.09.2010
.
.
.
regional aid for 2007-2013
European Regional
Development Fund, the
European Social Fund and the
Cohesion Fund
European Regional
Development Fund
.
.
01.08.2006
31.12.2013
31.07.2006
.
European Social Fund
European grouping of territorial
cooperation
laying down general provisions
on the European Regional
Development Fund, the
European Social Fund and the
Cohesion Fund
31.07.2006
.
01.08.2006
.
01.01.2007
.
Cohesion Fund
General provisions on the
European Regional
Development Fund, the
European Social Fund and the
Cohesion Fund
European Regional
Development Fund
31.07.2006
.
.
.
.
.
.
.
2003/49/EC
OECD Model Tax Convention
Royalties payments in different
MS
01.01.2004
2003/48/EC
Taxation of savings income
01.01.2004
31.12.2006
Every
three
Radio Spectrum
General
Directive
2002
March
7
2002/20/EC
Radio Spectrum
General
Decision
2006
November
9
2006/771/EC
Radio Spectrum
General
Decision
2010
June
30
2010/368
Radio Spectrum
General
Proposal
2010
September
20
COM 471 final
Radio Spectrum
General
Decision
2010
May
6
2010/267
Regional Policy
General
Guidelines
.
.
.
.
Regional Policy
General
Regulation
2006
July
11
1089/2006
Regional Policy
General
Regulation
2006
July
5
1080/2006
Regional Policy
General
Regulation
2006
July
5
1081/2006
Regional Policy
General
Regulation
2006
July
5
1082/2006
Regional Policy
General
Regulation
2006
July
11
1083/2006
Regional Policy
General
Regulation
2006
July
11
1084/2006
Regional Policy
General
Regulation
2006
December
8
1828/2006
Regional Policy
General
Regulation
2010
June
16
539/2010
Taxation
Direct Taxation
Convention
1963
.
.
.
Taxation
Common system
Directive
2003
June
3
Taxation
Direct Taxation
Directive
2003
June
3
.
O.J. L 117 95;
11.05.2010
O.J. C 54 13;
4.3.2006
O.J. L 210 25;
31.7.2006
O.J. L 210 1;
31.7.2006
O.J. L 210 12;
31.07.2006
O.J. L 210 19;
31.7.2006
O.J. L 210 25;
31.7.2006
O.J. L 210 79;
31.07.2006
O.J. L 371 1;
27.12.2006
O.J. L 158;
24.6.2010
.
O.J. L 157,
26.6.2003
O.J. L 157,
26.6.2003
219
years
Taxation
Direct Taxation
Judgment of the
Court
2003
June
12
C-234/01
The Arnoud Gerritse Decision Deduction of expenses
.
Taxation
Indirect Taxation VAT
Regulation
2003
October
7
1798/2003
Administrative Cooperation for
combating Tax evasion
01.01.2004
.
Every
three
years
Taxation
Direct Taxation
2006
July
28
2006/C 176/02
.
2006
October
3
C-290/04
.
.
Directive
2006
October
5
2006/79/EC
30.06.1986
.
Taxation
Direct Taxation
Indirect Taxation VAT
Indirect Taxation VAT
Implementation
The Scorpio Decision Deduction of expenses
Exemption from Taxes of small
consignments
.
Taxation
Code of Conduct
Judgment of the
Court
Directive
2006
November
28
2006/112/EC
01.01.2008
.
Taxation
Direct Taxation
Judgment of the
Court
2007
February
15
C-345/04
Common system for VAT
The Centro Equestre Decision Deduction of expenses and tax
refund procedure
.
Taxation
General
Indirect Taxation VAT
Indirect Taxation VAT
Indirect Taxation VAT
Decision
2007
December
11
1482/2007/EC
Fiscalis Program 2013
01.01.2008
.
MS
31.03.2014
CE
31.07.2014
Directive
2008
February
12
2008/8/EC
the place of supply of services
.
.
Directive
2008
February
12
.
2009
.
.
Rules for refund of VAT
Implementing measures for
Directive 2006/112/EC
01.01.2010
Proposal
2008/9/EC
COM (2009)
672
.
Taxation
Trade, Industry,
Economic
Affairs&Enterprise
Trade, Industry,
Economic
Affairs&Enterprise
Trade, Industry,
Economic
Affairs&Enterprise
Trade, Industry,
Economic
Affairs&Enterprise
Cooperation
Directive
2010
March
16
2010/24/EU
Recovery of claims relating to
taxes and others
31.12.2011
.
MS
31.03.2012
and after
annually
CE every
five years
Late Payment
Directive
2000
June
20
2000/35/EC
combating late payment in
commercial transactions
08.08.2002
.
O.J. L 200 35;
08.08.2000
Entrepreneurship
Regulation
2001
October
8
2157/2001
Statute for a European company
.
.
O.J. L 294 1;
10.11.2001
Entrepreneurship
Communication
2004
February
11
COM 70
Action Plan: The European
agenda for Entrepreneurship
.
.
.
European Agenda for
Culture
Communication
2007
May
10
COM(2007) 242
final
European Agenda for Culture in
a globalizing world
.
.
.
Trade, Industry,
Small and mediuem
Communication
2008
June
25
COM 394 final
‘Think small first’ A ‘Small
25.06.2008
.
.
Taxation
Taxation
Taxation
Taxation
O.J. C 184,
02.08.2003
O.J. L 264,
15.10.2003
O.J. C 176,
28.7.2006
O.J. C 294,
02.12.2006
O.J. L 286 16,
17.10.2006
O.J. L 347,
11.12.2006
O.J. C 82,
14.4.2007
O.J. L 330 2,
15.12.2007
O.J. L 44;
20.2.2008
O.J. L 44 24,
20.02.2008
.
O.J. L 84 2,
31.03.2010
220
Economic
Affairs&Enterprise
Trade, Industry,
Economic
Affairs&Enterprise
Trade, Industry,
Economic
Affairs&Enterprise
Trade, Industry,
Economic
Affairs&Enterprise
enterprises (SME's)
business Act’ for Europe
Public Private
Partnership
Communication
2009
November
19
COM 615 final
developing Public Private
.
.
.
Late Payment
Proposal
2009
April
8
COM 126 final
combating late payment in
commercial transactions
08.04.2009
.
.
Tourism
Communication
2010
June
30
COM 352 final
30.06.2010
.
Transport
Train
Regulation
2007
October
23
1371/2007
.
.
.
O.J. L 315 14;
03.12.2007
Transport
Aviation
Regulation
2004
February
11
261/2004
.
.
O.J. L 46 1;
17.2.200
Transport
Aviation
Regulation
2006
July
5
1107/2006
.
.
Transport
Aviation
Regulation
2008
March
11
300/2008
.
.
O.J. L 204 1;
26.07.2006
O.J. L 97 72;
09.04.2008
Transport
Aviation
Communication
2010
.
.
COM 311 final
.
.
.
a new political framework for
tourism in Europe
rail passengers’ rights and
obligations
compensation and assitance to
passengers in the event of
denied boarding and
cancellation or long delay flights
rights of disabled persons and
persons with reduced mobility
when travelling by air
common rules in the field of
civil aviation security
Use of Security Scanners at EU
airports
221
222
Index
abolition, 62, 182
access, 27, 42, 47, 55, 58, 71, 73, 76, 77, 83, 84, 96, 107, 113, 114, 124, 132, 137, 145, 157, 159, 168, 169, 171,
190, 238, 240
ACCIDENTS, 80, 93, 95, 104
Acta, 112
ACTION PROGRAMME, 57, 192
ACTION PROGRAMME, 57
administrative burdens, 122, 181, 184
administrative cooperation, 73, 118, 125, 177, 203
Administrative cooperation, 40
adolescent, 75
Adolescents, 75
advertising, 38, 39, 75
age, 46, 62, 71, 75, 76, 77, 80, 112, 139, 193
AGENCIES, 57
agency work, 78
ages, 71, 75
Aggregation, 63
aggressive, 37
airport transit visa, 151
Airport transit visa, 151
Albania, 150, 153, 154, 201
alcohol, 77, 92, 104, 105
Alcohol, 3, 104
Alternative Dispute Resolution, 41
Amsterdam, 10, 140
artificial optical radiation, 100, 197
Artists, 115, 178
asbestos, 97, 104, 197
Asbestos, 104, 197
assistance, 38, 47, 80, 147, 190
ASSOCIATION, 81, 82, 101, 222, 225, 229, 233, 234
ASYLUM, 64, 129, 132, 142
atmospheric, 99
atypical contracts, 79
audience, 166
audiovisual, 28, 41, 43, 111, 113, 114
AUDIOVISUAL, 27, 44, 56, 126, 225
Audiovisual Works, 27
Austria, 10, 51, 145
back injury, 95, 196
bank, 14, 127, 170
banknotes, 51
Belgium, 10, 51, 82, 145, 176
belief, 62, 76, 77, 193
beneficiaries, 26
BENEFITS, 28, 51, 63, 71, 75, 79, 80, 81, 86, 112, 190
BENEFITS, 80, 83
223
Berne Convention, 109, 110, 111, 115, 198
birth, 96, 101, 102, 194, 196
BLOCK EXEMPTION REGULATION, 28
Blue Card Directive, 8, 158, 202
BOLOGNA, 53, 57, 192
BORDER CONTROL, 141
border crossing-points, 146
Bosnia and Herzegovina, 150, 153, 154, 201
breastfeeding, 96, 101, 104, 194, 196
broadcasting, 110, 111, 116, 117, 119, 166, 168, 175, 176, 199
Broadcasting, 110, 119, 198
broadcasts, 110, 111, 119
broader, 21, 36
BUDGET, 50, 228, 233
buildings, 84, 87, 88, 170, 182, 195
business, 35, 36, 37, 73, 81, 103, 124, 157, 176, 178, 179, 181, 183, 184, 187, 191, 238
Business Profit, 178
businesses, 36, 37, 76, 79, 89, 96, 124, 125, 127, 134, 176, 184, 185, 187, 188, 193, 236
Businesses, 127, 176
cable retransmission, 119, 199
Canada, 82
Cape Verde, 145, 155
carcinogens, 100, 104, 197
case law, 78
case-law, 26, 238, 240
CEDEFOP, 57
chemical agents, 100, 196
Cinema, 27, 28
cinematographic, 28, 77
CITIZEN, 83, 130, 131, 132, 134, 135, 144
citizens, 11, 13, 30, 42, 52, 56, 59, 64, 65, 71, 77, 90, 127, 129, 130, 131, 135, 136, 137, 139, 140, 146, 153, 155,
156, 157, 172, 188, 189, 201
CITIZENS RIGHTS, 4, 134
Citizens’ Initiative, 135
citizenship, 46, 56, 129, 130, 138, 144
CITIZENSHIP, 33, 130, 133
CITIZENSHIP, 4, 129, 199
clearance, 40, 107, 113, 114, 121
climate change, 84, 86
Code of EU Online, 41
COHESION, 64, 67, 70, 169, 171, 172
Cohesion Fund, 169, 170, 171, 172
coins, 51
collective agreements, 77
collective redundancies, 73, 193
Collective rights management, 121
COMITÉ DES SAGES, 46
COMMENT, 28, 36, 38, 69, 72, 102, 105, 118, 126, 141, 152, 155, 158, 159
Committee, 12, 15, 26, 28, 33, 34, 40, 43, 44, 50, 54, 55, 56, 58, 67, 68, 70, 71, 73, 78, 85, 87, 92, 93, 109, 113,
114, 123, 124, 133, 139, 143, 147, 156, 163, 170, 175, 183, 184, 186, 187, 188, 189, 193, 222, 223, 224, 226, 229,
233, 237
224
Committee of the Regions, 12, 15, 28, 40, 43, 44, 54, 55, 56, 58, 67, 70, 71, 78, 85, 87, 92, 93, 113, 114, 124, 139,
147, 170, 184, 186, 187, 188, 223, 237
COMMON GOALS, 52, 53
communication, 29, 87, 89, 110, 111, 113, 115, 117, 118, 121, 137, 139, 144, 166, 172, 187, 188
COMMUNICATION, 27, 28, 34, 40, 44, 56, 58, 70, 71, 78, 87, 93, 99, 102, 104, 112, 113, 114, 118, 121, 124, 136, 137,
139, 145, 147, 148, 184, 185, 186, 187, 189, 229
Communications, 17
Community, 10, 27, 45, 46, 47, 49, 51, 57, 65, 73, 78, 83, 89, 93, 95, 100, 104, 107, 112, 127, 139, 141, 145, 146,
147, 151, 153, 154, 155, 156, 158, 159, 161, 162, 167, 171, 172, 174, 177, 194, 200, 201, 202, 222, 225, 227, 233,
237, 238
Company law, 127
Compatibility, 27
competence, 10, 11, 12, 86, 90, 122, 186
Competition, 21, 26, 27
COMPETITION, 2, 21, 191
Competitive, 88
Competitiveness, 26, 109, 123, 169, 183
COMPLAINT, 134, 135, 239
composers, 115
compositions, 117
CONCERTED PRACTICES, 21, 22, 27, 191
condition, 26, 28, 79, 136, 179
conditions, 8, 12, 21, 22, 23, 24, 38, 39, 49, 62, 63, 66, 70, 72, 73, 75, 76, 78, 80, 85, 86, 91, 95, 96, 99, 102, 123,
130, 131, 141, 142, 143, 145, 146, 149, 150, 151, 153, 158, 160, 162, 165, 167, 168, 177, 178, 182, 189, 192, 202
Conditions, 68, 76, 227
consultation, 18, 66, 73, 78, 85, 91, 94, 98, 105, 114, 117, 139
Consumer Acquis, 35
Consumer Affairs, 33, 68, 93
consumer contracts, 35
Consumer Protection, 26, 30, 33, 36, 41, 123, 183
consumer protection laws, 38, 191
Consumer Rights, 36, 40, 41
CONSUMERS, 2, 30, 191
contract, 28, 36, 37, 38, 41, 66, 72, 74, 75, 90, 91, 129, 140, 158, 160, 186, 192
contract law, 41, 129
contracts, 9, 22, 23, 31, 35, 36, 39, 74, 78, 124, 191
COOPERATION, 12, 14, 25, 31, 32, 38, 42, 43, 44, 45, 47, 48, 53, 54, 55, 56, 57, 58, 59, 63, 66, 69, 81, 86, 91, 92, 104,
105, 112, 129, 131, 132, 138, 142, 147, 148, 161, 162, 166, 171, 172, 177, 178, 182, 191, 237, 241
COOPERATION, 47, 81, 133, 147, 161, 162, 169, 200, 222, 224, 230, 232
CO-OPERATION, 44
CO-OPERATION, 81
CO-OPERATION, 175
CO-OPERATION, 222
CO-OPERATION, 232
COORDINATION, 13, 32, 41, 44, 49, 51, 61, 69, 70, 79, 81, 82, 92, 108, 119, 131, 132, 147, 166, 174, 195, 199, 241
copies, 115, 116, 157
copyright, 40, 46, 107, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 178, 198, 199
Copyright, 3, 107, 111, 112, 113, 119, 121, 198, 199, 223
copyrights, 107, 114, 198
COUNCIL, 8, 9, 11, 12, 13, 14, 15, 16, 18, 19, 23, 24, 25, 26, 28, 30, 32, 33, 34, 35, 37, 38, 39, 40, 43, 44, 45, 46, 50,
51, 54, 55, 56, 57, 58, 59, 62, 63, 64, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 81, 82, 83, 85, 87, 88,
89, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 105, 106, 108, 109, 113, 114, 115, 116, 117, 118, 119, 120,
225
121, 123, 124, 125, 127, 130, 131, 133, 135, 136, 138, 139, 140, 141, 142, 143, 144, 146, 147, 148, 149, 150, 151,
152, 153, 155, 156, 157, 158, 159, 160, 162, 163, 164, 165, 166, 167, 168, 170, 171, 172, 174, 175, 176, 177, 181,
182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204,
223, 225, 226, 227, 228, 231, 236, 239, 241
Counterfeiting, 112, 118
Court of Justice, 9, 11, 12, 14, 23, 25, 78, 108, 135, 141, 164, 179, 180, 225, 236, 239, 240
creative content, 41, 113, 114
Creative Content, 113
CREATIVITY, 42, 44, 46, 56, 57, 58, 107, 115
crime, 64, 129, 132, 147, 237, 241
criteria, 28, 37, 158, 160, 173
cross-border, 36, 38, 40, 45, 80, 91, 92, 113, 114, 118, 119, 120, 121, 124, 127, 129, 147, 167, 171, 172, 185, 239,
241
cultural, 27, 28, 38, 40, 42, 43, 44, 45, 46, 47, 53, 64, 75, 114, 121, 122, 136, 152, 153, 155, 159, 161, 162, 167,
176, 179, 227
CULTURAL EXPRESSIONS, 42, 46, 161
CULTURE, 11, 24, 27, 42, 43, 44, 45, 46, 47, 107, 122, 138, 159, 169
CULTURE, 15, 34, 42, 43, 44, 45, 46, 47, 53, 55, 56, 71, 136, 137, 162, 192, 224, 225, 230
CULTURE, 2, 42, 192
CULTURE POLICY, 42
CULTURE PROGRAMME, 45
CUSTOMS, 81, 175, 224
Cyprus, 10, 51, 151
danger, 91, 164
dangerous, 90
data protection, 40, 74, 129, 134, 236
databases, 39, 40, 111, 120, 199, 239
DEATH, 80, 104, 117
debt, 52
decent work, 70, 79
Decision, 2, 17, 18, 45, 46, 57, 70, 73, 106, 165, 166, 167, 192, 193, 198, 202, 241
deficit, 51, 52
Denmark, 10, 82, 145, 180
development, 22, 23, 24, 25, 31, 32, 35, 39, 40, 44, 47, 48, 53, 54, 57, 64, 65, 66, 67, 68, 69, 70, 73, 78, 85, 86, 93,
105, 107, 121, 123, 127, 138, 144, 148, 153, 162, 163, 169, 171, 172, 178, 182, 184, 186, 187, 238
Digital Agenda, 34, 40, 41, 112, 114, 165, 166
DIGITAL LIBRARIES, 45
Digital Libraries, 45
digital rights, 41, 113
Direct Tax, 174, 175
Directive, 8, 9, 17, 18, 35, 36, 37, 39, 40, 41, 72, 73, 74, 75, 76, 77, 78, 83, 87, 88, 89, 90, 94, 95, 96, 97, 98, 99,
100, 101, 102, 103, 104, 114, 115, 116, 117, 119, 120, 121, 122, 125, 126, 133, 144, 145, 149, 157, 158, 159, 160,
167, 168, 175, 176, 177, 184,뫰185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 202, 203
disability, 62, 76, 77, 193, 229
discrimination, 24, 61, 62, 64, 71, 76, 77, 103, 104, 164, 171
discriminatory, 96, 101, 126
diseases, 91
display screen equipment, 95, 196
distance, 35, 36, 38, 54, 191
Diversity, 42, 46, 161
Drugs, 3, 105, 106, 198
226
Drugs Strategy, 105
ECC-Net, 37
e-commerce, 38, 125, 175
eCommerce, 41
ECONOMIC, 10, 12, 15, 26, 28, 30, 32, 33, 34, 40, 44, 49, 50, 51, 54, 55, 56, 58, 63, 67, 70, 71, 78, 85, 87, 92, 93,
101, 113, 114, 118, 121, 124, 127, 139, 147, 161, 163, 174, 175, 178, 181, 184, 186, 187, 188, 223, 224, 225, 226,
232, 237
ECONOMIC, 2, 5, 49, 181, 192, 203
Economic & Social Committee, 15
ECONOMIC AFFAIRS, 181
economic crisis, 27, 102, 170, 185
economic policies, 13, 49, 50
economic policy, 49, 52
EDUCATION, 15, 30, 53, 54, 56, 57, 58, 59, 61, 75, 77, 91, 105, 138, 139, 159, 176, 226, 238, 242
Education, 15, 34, 43, 44, 53, 55, 56, 57, 58, 59, 71, 136, 138, 192, 223, 224, 225, 226, 228, 233, 235
EDUCATION, 53, 192
EDUCATIONAL, 53, 54, 55, 56, 152, 156
electronic commerce, 30, 39, 40, 187, 192
ELECTRONIC COMMUNICATIONS, 165, 167, 168, 202
Electronic communications, 125
electronic contracts, 39
EMPLOYED, 62, 63, 74, 75, 76, 80, 81, 83, 143, 158, 163, 182, 194
employees, 58, 72, 73, 74, 76, 78, 95, 127, 159, 179, 187, 192, 193, 194, 237
Employees Rights, 3, 72, 192
employer, 58, 72, 73, 74, 78, 80, 81, 82, 94, 95, 98, 99, 100, 104, 105, 178, 179, 192, 194
employers, 15, 59, 61, 66, 69, 74, 76, 81, 94, 98, 99, 100, 101, 104, 105, 157, 160, 202, 237
employment, 8, 52, 61, 62, 63, 64, 65, 66, 70, 71, 72, 74, 75, 76, 77, 78, 79, 82, 83, 85, 90, 91, 95, 96, 101, 105,
107, 122, 140, 145, 157, 158, 160, 171, 178, 187, 189, 192, 193, 196, 202
EMPLOYMENT, 33, 43, 55, 57, 61, 66, 68, 69, 76, 93, 98, 99, 103, 161, 169, 171, 222, 224, 226, 231, 232, 234
EMPLOYMENT, 2, 61, 192
energy, 34, 84, 85, 87, 88, 89, 170, 195
Energy, 3, 10, 34, 84, 87, 165, 183, 189, 195, 227, 238
ENERGY, 3, 84, 195
energy performance, 87
energy policy, 84
energy-friendly, 84
Enforcement, 38, 228
Enterprise, 183, 234
ENTERPRISE, 5, 181, 203
entertainment services, 39, 176
entrance, 77, 110
ENTREPRENEURSHIP, 56, 58, 124, 181, 187
Entrepreneurship, 183, 187
environment, 15, 64, 66, 69, 84, 85, 86, 89, 91, 97, 112, 126, 127, 164, 172, 181
ENVIRONMENT, 3, 33, 85, 87, 88, 93, 120, 195, 224
ENVIRONMENT, 3, 84
environmental, 84, 86, 89, 103, 163, 171, 184, 195
environmental noise, 84, 89, 195
equal treatment, 72, 74, 75, 76, 77, 78, 103, 149, 152, 160, 161, 193, 194, 197
Equipment, 94
EQUITY, 56
Estonia, 10, 51, 145
227
ethnic origin, 62, 77
euro, 14, 49, 51, 52, 64
EURO-MEDITERRANEAN, 81, 231
EUROPEAN AGENDA, 42, 44, 45
European Bodies, 135
European Consumer Centres network, 37
EUROPEAN CREDIT TRANSFER AND ACCUMULATION SYSTEM, 53
European Health Insurance Card, 83
European Investment Bank, 50, 170, 226, 236
European Parliament, 9, 11, 13, 15, 18, 19, 23, 26, 28, 32, 33, 34, 35, 37, 38, 39, 41, 43, 44, 45, 46, 50, 55, 56, 57,
58, 59, 62, 66, 67, 68, 70, 71, 72, 73, 75, 76, 77, 78, 79, 81, 82, 85, 87, 88, 89, 92, 93, 96, 97, 98, 99, 100, 101,
102, 103, 106, 108, 109, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 124, 125, 127, 130, 131, 132, 133, 134,
135, 136, 139, 141, 142, 143, 146, 147, 148, 149, 150, 151, 153, 156, 157, 159, 160, 162, 163, 164, 165, 166, 167,
168, 170, 171, 172, 174, 175, 181, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198,
199, 200, 201, 202, 203, 204, 226, 231, 236, 240, 241
EUROPEAN QUALIFICATIONS FRAMEWORK, 53, 58, 59
European Social Security Institutions, 82
EUROPEAN TRAINING FOUNDATION, 56, 57
European Union, 2, 8, 9, 10, 11, 12, 13, 14, 16, 17, 21, 22, 23, 25, 26, 27, 42, 49, 50, 51, 57, 67, 72, 74, 78, 89,
108, 120, 122, 129, 130, 131, 132, 133, 134, 135, 137, 139, 145, 146, 147, 148, 150, 153, 154, 155, 156, 164, 165,
170, 186, 189, 191, 200, 201, 202, 223, 226, 227, 231, 232, 236, 237, 238, 239, 240
EUROSUR, 147, 148
Eurosystem, 51, 52
excessive deficit procedure, 51
EXCHANGE, 32, 38, 42, 45, 49, 63, 70, 73, 81, 92, 118, 153, 155, 160, 176, 177, 179, 201, 202
exclusive, 11, 12, 116, 119, 120, 167
exemptions, 19, 40
explosive atmospheres, 99, 196
exposure, 89, 90, 96, 97, 98, 99, 100, 101, 103, 104, 196, 197
External Border Control, 4, 145
External Relations, 16, 143, 227, 228, 233
eYouGuide, 41
FAMILY, 80, 83, 156
female, 75
financial, 15, 27, 32, 49, 50, 64, 66, 67, 137, 158, 168, 170, 171, 172, 185
FINANCIAL AFFAIRS, 50, 175
Finland, 10, 51, 145
fiscal policies, 51, 52
fixed duration, 90
fixed-term work, 74, 193
flexibility, 70, 77, 78, 166
flights, 190, 203
Framework Directive, 90, 100, 168
France, 10, 51, 82, 145, 176
free circulation, 39, 122
free competition, 21, 49, 50
FREE MOVEMENT, 40, 64, 83, 107, 115, 122, 123, 129, 133, 145, 146, 163, 174, 200
freedom of establishment, 39, 125, 181, 182
FREEDOM OF EXPRESSION, 167
freedom of movement, 62, 63, 143, 149
FREEDOM OF MOVEMENT, 141
frequency, 165, 166, 167, 202
228
FRONTEX, 147
FRONTIER WORKER,
80
FUNDAMENTAL RIGHTS, 33, 106, 133, 198, 228
FUNDAMENTAL RIGHTS, 4, 129
Gambling, 126
Georgia, 145, 154
Germany, 10, 24, 51, 82, 145, 180
globalizing, 44
goods, 10, 22, 24, 26, 28, 35, 36, 42, 47, 77, 107, 112, 115, 122, 123, 174, 177, 181, 185, 191
Greece, 10, 51, 145, 172
Green Paper, 17, 41, 114
growth, 44, 51, 52, 61, 64, 71, 85, 107, 122, 124, 157, 158, 181, 187
guarantee, 67, 72, 78, 79, 93, 97, 166, 170
guarantees, 27, 35, 36, 90, 127, 145, 170, 191
guide, 41, 44, 98, 99
handicapped, 97
hazards, 90, 95, 99
health, 30, 62, 66, 69, 70, 74, 77, 83, 85, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 103, 104, 105, 106, 124,
126, 146, 163, 164, 189, 194, 195, 196, 197
HEALTH, 3, 33, 68, 79, 83, 87, 90, 93, 94, 104, 195, 222, 224, 227, 235
HEALTH, 3, 90, 195
HEALTH & SAFETY, 3, 90, 195
Healthcare, 126
high level, 30, 64, 85, 86, 91, 129, 132, 148, 163
Home Affairs, 34, 123, 129, 133, 143
ICELAND, 37, 39, 79, 82, 127, 146, 151
illicit, 106
illness, 83, 91
IMMIGRATION POLICY, 142
Inclusion, 68, 93
Income, 172, 177, 178, 203, 228, 230
independent freelance workers, 79
Indirect Tax, 5, 174, 175, 203
Industry, 26, 34, 87, 127, 165, 183
INDUSTRY, 5, 181, 203
information, 9, 17, 30, 35, 36, 37, 38, 39, 40, 45, 46, 49, 50, 54, 55, 56, 57, 59, 66, 72, 73, 74, 76, 84, 88, 89, 91,
94, 96, 98, 105, 106, 107, 113, 114, 118, 133, 134, 137, 138, 148, 163, 172, 176, 177, 178, 190, 192, 198, 227, 238,
239, 240, 241
Information Society, 31, 34, 165, 224, 230
INNOVATION, 56, 58, 115, 167, 171, 181, 238
insolvency, 78, 194, 239
intellectual property, 28, 108, 109, 111, 112, 113, 114, 116, 118, 198
Intellectual Property, 40, 107, 109, 111, 113, 127, 234, 235
INTELLECTUAL PROPERTY, 3, 107, 198
intercultural, 42, 44, 45, 47
intergovernmental, 69
intermediaries, 37, 40
internal market, 19, 21, 22, 24, 25, 26, 30, 31, 37, 39, 49, 64, 65, 73, 84, 85, 108, 115, 118, 121, 122, 123, 125,
127, 163, 164, 166, 174, 175, 181, 187, 191, 199
INTERNAL MARKET, 26, 33, 39, 109, 118, 121, 123, 127, 183, 192, 224
INTERNAL MARKET, 3, 122, 199
Internal Marlet, 123
229
internal services market, 125
International Labour Organization, 61, 68, 70, 229
internet sweeps, 38
INVALIDITY, 80
Ireland, 10, 51, 151
Italy, 10, 51, 57, 145
jobs, 44, 53, 57, 61, 70, 71, 124, 145, 172, 181
Judgment of the Court, 126
JUSTICE, 14, 33, 34, 106, 123, 129, 133, 198, 224, 239
JUSTICE, 4, 129, 199
Knowledge Economy, 113
LABOUR MARKET, 55, 56, 57, 59, 66, 72, 79, 102, 145, 171
labour markets, 57, 71
legal framework, 28, 39, 40, 93, 112, 113, 114, 125, 167
legal security, 39
legal systems, 39, 132, 187
LEONARDO DA VINCI, 58, 137
licensing, 40, 113, 114, 120, 121
LIECHTENSTEIN, 79, 82, 127
life, 30, 54, 75, 84, 90, 102, 138, 184
LIFELONG LEARNING, 53, 56, 57, 59, 79, 138, 192
limited territorial validity, 151, 152
loads, 90, 95, 196
Loads, 94
long-term resident, 149, 150, 161
Luxembourg, 10, 14, 51, 138, 146
Maastricht’, 10
Macedonia, 81, 154
Malta, 10, 51, 146
management, 3, 15, 40, 65, 67, 69, 89, 92, 104, 105, 107, 112, 113, 114, 118, 120, 121, 129, 141, 142, 144, 145,
147, 148, 163, 170, 171, 172, 195, 233, 237
maternity, 75, 80, 96, 101, 102
mechanical equipement, 95
Media, 34, 165, 224, 227
medical care, 92
minimum, 36, 49, 66, 72, 74, 77, 79, 83, 88, 90, 94, 95, 96, 97, 98, 99, 100, 102, 104, 109, 110, 111, 115, 131, 146,
157, 167, 185, 195, 196, 197, 202
minimum check, 146
mobile, 61, 97, 168, 188, 196
mobile work, 97
MOBILITY, 31, 42, 45, 53, 54, 55, 56, 57, 58, 59, 61, 83, 107, 129, 145, 158, 159, 166, 188, 190, 204
Mobility Partnerships, 145
Moldova, 145, 153, 154, 201
Monaco, 51
MONETARY AFFAIRS, 26, 50, 127, 175
MONETARY AFFAIRS, 2, 49, 192
Montenegro, 51, 154
MULTILINGUALISM, 43, 55, 136, 137, 139
MULTILINGUALISM, 4, 136, 200
multiple-entry visa, 152
music, 41, 84, 98, 107, 112, 117, 120, 121, 124, 177, 188
Music, 98, 120, 226, 231
230
mutagens, 100, 104, 197
National parliaments, 16
national regional aid, 172, 173
New Technologies, 3, 119, 199
noise, 84, 89, 98, 100, 197
NON-CONTRIBUTORY BENEFITS, 80
NORWAY, 37, 39, 79, 82, 127, 146, 151
objectives, 11, 12, 16, 21, 22, 30, 31, 32, 34, 42, 43, 44, 45, 49, 50, 54, 55, 56, 57, 61, 62, 65, 66, 69, 70, 71, 85,
91, 92, 106, 123, 125, 139, 148, 163, 166, 169, 181, 188
obligations, 14, 22, 23, 36, 39, 72, 73, 76, 79, 83, 89, 98, 100, 190, 204
Observatory, 118, 226, 227, 228, 232
occupation, 76, 193
OCCUPATIONAL DISEASES, 80, 95
Olympic, 155, 156, 201
Ombudsman, 130, 132, 134, 236
online, 38, 40, 41, 45, 112, 113, 114, 120, 121, 124, 127, 139, 238, 239
Online, 36, 38, 41, 113, 120, 124, 238
Online actions, 36
Online commerce\, 124
online environment, 41
opinions, 9, 15, 17, 83, 240
opportunities, 41, 44, 52, 58, 66, 71, 76, 79, 102, 107, 114, 136, 139, 172, 181, 193
ordinary legislative, 18, 30, 32, 33, 43, 54, 55, 62, 63, 64, 67, 85, 92, 108, 130, 131, 141, 142, 143, 163, 181, 188
Ordinary Legislative, 18
organisational, 50, 99
organitsation, 77, 194
ownership, 45, 108, 117
Paralympic, 156, 201
parental leave, 102, 194
Parental Leave, 79, 102, 194
partnership, 45, 124, 162, 171
PARTNERSHIP, 46, 81, 142, 145, 161, 181, 226, 231
Partnerships, 184, 185
part-time work, 74, 193
passengers’ rights, 190
PATERNITY, 80
PENSION, 83
PENSION RIGHTS, 83, 194
PENSIONS, 69, 70, 80, 83, 125
PERFORMING ARTS SECTOR, 7, 47, 53, 90, 97, 107, 140, 158, 159, 169, 186, 188
permit, 140, 149, 157, 159, 160, 161
physical agents, 90, 98, 99, 100, 196, 197
Piracy, 118
Portugal, 10, 51, 146, 172
posting of workers, 72, 73, 192
Posting of Workers, 73, 193
Pre-contractual, 36
pregnant, 90, 96, 101, 104, 194, 196
PRESERVATION, 42, 45, 47, 144
Primary law, 16
productivity, 70, 93
professional qualifications, 125, 199
231
progress, 22, 64, 69, 73, 85, 94, 112, 113, 123, 148
prohibition, 37, 39, 161, 179
proposals, 9, 12, 13, 17, 18, 19, 41, 69, 87, 112, 123, 124, 141, 161, 163
protection, 16, 29, 30, 34, 35, 36, 38, 40, 41, 61, 64, 65, 66, 69, 72, 73, 74, 75, 77, 78, 84, 85, 86, 90, 91, 92, 94,
95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 120, 126,
129, 130, 131, 133, 142, 163, 164, 171, 182, 184, 190, 191, 193, 194, 196, 197, 199, 200, 236
Protection, 2, 3, 33, 34, 36, 42, 46, 70, 72, 91, 95, 109, 110, 115, 161, 191, 192, 198, 231, 236
protective, 30, 67, 92, 94, 196
protective equipment, 94
PROTOCOL, 47, 142, 161, 162, 230
pupil exchange, 160
QUALITY, 21, 30, 31, 34, 53, 56, 57, 58, 61, 64, 70, 71, 78, 79, 85, 88, 92, 93, 125, 166, 186, 190
race, 77
Radio Spectrum, 163, 165, 233
RADIO SPECTRUM, 4, 163, 202
Recommendations, 17, 46
Regional Development Fund, 170, 171, 172, 226
Regional policy, 170
REGIONAL POLICY, 4, 169, 202
Regulation, 17, 18, 27, 28, 37, 38, 57, 79, 81, 82, 127, 145, 146, 148, 149, 150, 151, 152, 153, 155, 156, 161, 162,
170, 171, 172, 175, 176, 177, 187, 189, 190, 191, 195, 200, 201, 203, 204
religion, 62, 76, 77, 193
rental, 111, 116, 198
requirement, 51, 150, 157, 200
requirements, 37, 66, 74, 77, 86, 90, 94, 95, 97, 98, 99, 100, 104, 108, 111, 124, 126, 150, 170, 195, 196, 197
RETIREMENT, 80
right, 11, 12, 30, 36, 53, 62, 63, 67, 69, 70, 71, 73, 85, 96, 102, 110, 111, 113, 115, 116, 118, 119, 120, 130, 131,
132, 133, 134, 135, 143, 146, 150, 152, 166, 177, 178, 179, 186, 190, 198
Right to petition, 134
rights, 17, 28, 30, 35, 36, 39, 40, 41, 61, 64, 65, 70, 72, 75, 76, 83, 96, 101, 102, 107, 108, 109, 111, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 125, 129, 130, 132, 133, 134, 135, 143, 144, 149, 157, 160, 161, 163, 167, 168,
188, 189, 190, 193, 198, 199, 204, 239
RIGHTS, 3, 107, 198, 199
risk, 36, 90, 95, 97, 98, 99, 100, 101, 104, 147, 148, 149, 171, 189, 196
risks, 90, 94, 95, 96, 97, 98, 99, 100, 101, 103, 104, 185, 196, 197
Rome Convention, 110, 111, 198
royalties, 115
Royalties, 178
Russian Federation, 153, 155, 201
safety, 3, 30, 66, 74, 77, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 104, 105, 163, 166, 188, 189, 194, 195,
196, 197
SAFETY, 90
safety and health, 90, 94, 95, 105
safety signs, 95
San Marino, 51, 81
sanctions, 51, 157, 158, 202
Schengen Agreement, 149, 151, 201, 240
Schengen Information System, 146, 148, 200
Schengen zone, 140, 149, 152
Schengen’, 10
scientific research, 111, 144, 158, 159, 202
Secondary law, 17
232
secured professional paths, 79
self-employed, 75, 76, 80, 81, 83, 95, 103, 143, 179, 182, 194, 197
Serbia, 155
services, 10, 21, 28, 36, 39, 40, 42, 46, 47, 63, 71, 72, 77, 91, 92, 105, 107, 113, 115, 120, 121, 122, 123, 124, 125,
126, 139, 163, 165, 166, 167, 168, 174, 175, 176, 177, 185, 188, 189, 190, 192, 199, 202, 228
Services, 109, 120, 123, 125, 126, 222, 224
SERVICES, 3, 122, 199
sexual harassment, 102, 103
Sexual harrasment, 3, 102
sexual orientation, 62, 76, 77, 193
Shared, 11, 122
SHORT-RANGE DEVICES, 165, 166, 167, 202
short-stay visas, 153, 159, 201
SICKNESS, 80, 83
Signs, 94
simplified procedure, 152
single currency, 14, 30, 49, 51, 52
Single Digital Market, 113
Single European Act, 10
single market, 30, 40, 51, 112, 114, 122, 124, 127, 188
Single Market Act, 124, 125
SKILLS, 53, 57, 59, 61, 71, 136, 145
SKILLS FOR NEW JOBS, 56
skin, 100
Slovakia, 10, 51, 146
Slovenia, 10, 51, 146
SME’S, 27, 28, 233
SMEs, 27, 88, 89, 124, 172, 181, 184
smoke-free, 103
SOCIAL AFFAIRS, 43, 55, 57, 64, 68, 69, 93, 98, 103, 224
SOCIAL AFFAIRS, 2, 61, 192
SOCIAL COHESION, 56, 136, 139, 172
SOCIAL COMMITTEE, 12, 15, 28, 30, 32, 33, 34, 40, 44, 54, 55, 56, 58, 63, 67, 70, 71, 78, 85, 87, 92, 93, 113, 114, 118,
121, 124, 139, 147, 163, 174, 175, 181, 184, 186, 187, 188, 225, 226, 237
social dialogue, 61, 66, 69, 79
Social Dialogue, 69, 233
Social Fund, 68, 169, 170, 171, 172, 226
social partners, 61, 65, 69, 74, 78, 79, 83, 98, 101, 102
Social Partners, 68, 74, 93, 103
SOCIAL POLICY, 15, 33, 68, 93
SOCIAL SECURITY, 63, 64, 66, 67, 76, 77, 79, 80, 81, 82, 122, 131, 145, 195
SOCIAL SECURITY, 3, 61, 68, 79, 82, 83, 194
SOCIAL SECURITY SYSTEMS, 67, 79, 81, 195
SOLVIT, 4, 127
South Korea, 47, 162
Spain, 10, 51, 146, 172, 180
Special Legislative, 18
Specific Contracts, 74
Sportsmen, 178
STABILISATION, 81, 233
Stability, 51, 52
stakeholder, 41
233
stakeholders, 40, 42, 44, 46, 113, 118, 125, 181, 186
State Aid, 21, 23, 26, 27, 170
STATE AID, 2, 21, 191
Stockholm programme, 149
Stockholm Programme, 144, 148
strategy, 34, 58, 61, 69, 70, 87, 93, 104, 105, 106, 139, 148, 172, 226
stress, 95, 101
Stress, 74, 101
Structural Funds, 171
supporting, 11, 43, 53, 112, 118, 137, 186, 187
SURVIVORS’, 80
sweeps, 38
SWITZERLAND, 79, 82, 146, 151
Tax Convention, 177, 203
taxation, 122, 174, 176, 177, 178, 179, 203
TAXATION, 5, 80, 122, 174, 175, 177, 222, 224
TAXATION, 5, 174, 203
TECHNOLOGICAL, 31, 32, 36, 57, 64, 85, 87, 113, 138
telecommunications, 34, 168
television broadcasting, 119
Telework, 74
temporary, 27, 72, 78, 90, 96, 97, 120, 123, 126, 140, 142, 156, 194, 196
temporary agency workers, 78
territorial cooperation, 171
The Council of Europe, 16
The Council of the European Union, 13
The European Central Bank, 14
The European Commission, 12, 41, 57, 58, 89, 157, 166, 172
The European Council, 14, 132
The European Court of Auditors, 15
The European Parliament, 12, 13, 30, 32, 43, 54, 55, 63, 67, 92, 131, 143, 163, 182
The Netherlands, 51
THIRD COUNTRIES, 9, 31, 43, 54, 55, 81, 82, 86, 92, 141, 142, 143, 145, 148, 150, 158, 159, 200
third country, 82, 127, 130, 131, 140, 150, 151, 158, 160, 161, 190, 202
third country nationals, 82, 140, 151, 160, 161, 202
THIRD COUNTRY NATIONALS, 4, 140, 200
thorough checks, 146
Tobacco, 3, 103, 197
Tourism, 186, 189
Trade, 47, 74, 101, 107, 109, 111, 112, 127, 161, 183, 198, 224, 225, 227, 228, 231, 234, 235
TRADE, 5, 181, 203, 224
TRAINING, 31, 47, 53, 54, 55, 56, 57, 58, 59, 74, 76, 84, 94, 96, 98, 105, 138, 158, 160, 162, 184, 202, 237, 239
TRAINING PROGRAMMES, 53, 105
transport, 15, 103, 172, 188, 189
Transport, 34, 87, 126, 189
TRANSPORT, 5, 188
Treaties of Rome, 10
Treaty of Lisbon, 10, 24, 141
Treaty of Nice, 10
TRIPS agreement, 111, 198
Ukraine, 153, 155, 201
undertaking, 26, 73, 78, 167
234
undertakings, 21, 22, 23, 26, 31, 33, 66, 72, 73, 76, 96, 99, 126, 186, 190, 193
UNEMPLOYMENT, 80
UN-EMPLOYMENT, 83
UNESCO, 42, 44, 47, 55, 161, 192, 234
UNESCO CONVENTION, 42, 47, 161, 192
Unfair Commercial Practices, 37, 191
uniform format, 149, 152, 200
Uniform visa, 151
US visa, 156
VAT, 122, 174, 175, 176, 177, 203, 235
Vatican City, 51
VERTICAL AGREEMENTS, 27, 28, 191
VERTICAL RESTRAINTS, 28
violence, 103
visa, 140, 141, 144, 145, 146, 148, 149, 150, 151, 152, 153, 154, 156, 157, 159, 160, 201
Visa, 4, 141, 145, 146, 149, 150, 151, 152, 153, 155, 156, 160, 200, 201
VISA, 141
Visa Code, 151
Visa facilitation agreements, 153, 201
Visa fees, 152
visa-free travel, 150
VOCATIONAL EDUCATION AND TRAINING, 53, 57, 58, 59, 139
VOCATIONAL EDUCATION AND TRAINING, 58, 59
voluntary service, 160, 202
welfare, 34, 71
White Paper, 17
WIPO Copyright Treaty, 111, 198
WIRELESS, 163, 166
WIRELESS COMMUNICATIONS, 167
work, 3, 4, 13, 14, 15, 19, 28, 38, 42, 45, 56, 57, 61, 62, 64, 66, 69, 70, 72, 74, 75, 76, 77, 78, 80, 81, 85, 90, 93,
94, 95, 96, 97, 98, 99, 100, 101, 102, 104, 110, 112, 115, 117, 124, 126, 127, 139, 140, 143, 157, 158, 159, 160,
161, 167, 178, 193, 194, 195, 196, 197, 198, 202, 227, 242
WORK, 3, 90
workers, 58, 61, 62, 63, 66, 68, 72, 73, 74, 75, 76, 78, 80, 83, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 103, 104,
105, 126, 140, 157, 158, 160, 161, 171, 182, 194, 195, 196, 197
working conditions, 61, 65, 66, 71, 72, 76, 94, 96, 102, 105, 160, 227
working time, 77, 78, 90, 194
Working Time, 3, 77, 78, 194
working women, 96, 102
workplace, 77, 93, 94, 97, 100, 102, 103, 104, 105, 106, 195, 196, 197
workplaces, 90, 103, 104
writers, 115
young, 54, 55, 63, 75, 77, 90, 104, 145, 193
Youth, 43, 55, 136, 137
zero-energy buildings, 84
235
236
Acronyms
A
AAA
Accra Agenda for Action
ABB
Activity Based Budgeting
ABM
Activity Based Management
ACCSES
American Congress of Community Supports and Employment Services
ACP
Africa, the Caribbean and the Pacific
ACSHW
Advisory Committee on Health & Safety
AEC
European Association of Conservatoires
AECC
Association of European Cultural Cities
AIDCO/EuropeAid
European Commission, Office of Aid Cooperation
ALA
Asia and Latin American Countries
Alde
European Political Party, Alliance of Liberals and Democrats for Europe
ASEAN
Association of the South East Asian Nations
B
BCE
European Central Bank
BPHS
Basic Package of Health Services
C
CAHPAH-VPH
Committee of Experts on ageing of people with disabilities and older people with
disabilities
CARDS
Community Assistance to the Countries of South-Eastern Europe
CAW
Country Analytic Work
CBC
Cross-Border Co-operation
CBO
Community Based Organisation
CBR
Community-Based Rehabilitation
CCBT
Common Consolidated Base Taxation
237
CCP
Cultural Contact Point
CD
Country Director
CEDEFOP
European Centre for the Development of Vocational Training
CEEC
European Centre of Enterprises with Public Participation and of Enterprises of
General Economic Interest
CEECs
Central and Eastern European Countries
CEF
Commonwealth Education Fund
CEPs
Country Environmental Profiles
CEPS
Centre for European Policy Studies
CFCU
Central Finance and Contracting Unit
CODEV
Council working group on Development
COE
Council of Europe
COFACE
Confederation of family organisations in the European Union
COHOM
Council working group on Human Rights
COMMISSION
European Commission
CoR
Committee of the Regions
COREPER
Committee of Permanent Representatives to the EU
CPD
Continuing Professional Development
CPO
Corporate Programme Objective
CRPD
Convention on the Rights of Persons with Disabilities
CSO
Civil Society Organisation
CSO
Central Statistics Office
CSP
Country Strategy Plan
CUP
Copyright Users Platform
238
D
DAC
Development Assistance Committee of the OECD
DCI
Development Cooperation Initiative
DDA
Doha Development Round
DG
European Commission, Directorates-General
DG DEV
European Commission, Directorate-General Development
DG EAC
European Commission, Directorate-General for Education and Culture
DG EAS
European Commission, Directorate-General for Employment, Social Affairs and
Equal Opportunities
DG ECFIN
European Commission, Directorate-General Economic and Finances
DG ELARG
European Commission, Directorate-General Enlargement
DG ENV
European Commission, Directorate-General Environment
DG INFSO
European Commission, Directorate-General for Information Society and Media
DG FISH
European Commission, Directorate-General Fisheries
DG JLS
European Commission, Directorate-General Justice, Freedom and Security
DG MARKT
European Commission, Directorate-General for Internal Market and Services
DG REGIO
European Commission, Directorate-General Regional Policy
DG SANCO
European Commission, Directorate-General for Health and Consumers
DG TAXUD
European Commission, Directorate-General Taxations and Customs Union
DG TRADE
European Commission, Directorate-General Trade
DTA/DTC
Double Taxation Agreement/Double Taxation Convention
239
E
EACEA
Education, Audiovisual and Culture Executive Agency
EC
European Commission
EC
European Community
ECAS
European Citizen Action Service
ECB
European Central Bank
ECF
European Cultural Foundation
ECHO
European Commission, Office of Humanitarian Aid, Directorate-General
ECIA
European Creative Industries Alliance
ECJ
European Court of Justice
ECOFIN
Council of Economics and Finance Ministers
ECPE
Centre of Enterprises with Public Participation
ECVET
European Credit System for Vocational Education and Training
EDF
European Development Fund
EEA
European Economic Area
EEA
European Entertainment Alliance
EEA
European Environmental Agency
EESC
European Economic and Social Committee
EFA
Education for All
EFAH
European Forum for the Arts and Heritage
EFTA
European Free Trade Association
EFS
European Social Funds
240
EIA
Environmental Impact Assessment
EIB
European Investment Bank
EIDHR
European Instrument for Democracy and Human Rights
EIRO
European Industrial Relations Observatory
EIT
European Institute of Innovation and Technology
Elearning
Designing tomorrow’s education eLearning initiative of the European Commission
ELIA
European League of Institutes of Arts
EMC
European Music Council
EMFO
European Mobility Forum
EMIRE
European Employment and Industrial Relations Glossaries
EMIS
Education Management Information System
ENCATC
European Network of Cultural Administration
Enlargement DG
European Commission, Directorate-General Enlargement
ENPI
European Neighbourhood Policy
EP
European Parliament
EP Committee
European Parliamentary Committee
EPAs
Economic Partnership Agreements
EPO
European Patent Office
EQUAL
European Union's strategy funded by the European Social Fund
ERDF
European Regional Development Fund
ERW
Explosive Remnants of War
ESC
Economical & Social Committee
ESF
European Social Fund
241
ESPON
European Spatial Planning Observation Network
ETUC
European Trade Union Confederation
EU
European Union
EU Council
Council of the European Union, also called Council of Ministers
EUEI
EU Energy Initiative
EUCLID International
European and International information, news & analysis for the arts and the
cultural sector
EU-OSHA
European Agency for Safety & Health at work
EUMS
European Union Member States
EURATOM
European Atomic Energy Community
EUR-PO
Office of Publications
EURODAD
European Network on Debt and Development
Eurofound
European Foundation for the improvement of living and working conditions
EURO-MEI
European Federation of Media and Entertainment International
European Consensus
European Consensus on Development Policy, OJEC C 46, February 2006
External Relations DG
European Commission, Directorate-General External relations
EWC
European Works Councils Agreements on line
EWCO
European Working Conditions Observatory
EWON
European Work Organisation Network
F
FAO
Food and Agriculture Organisation
FDHT
Human Rights at Work Foundation
FDI
Foreign Direct Investment
FedEE
Federation of European Employers
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FIA
International Federation of Actors
FIM
International Federation of Musicians
FLEGT
Forest Law Enforcement, Governance and Trade
FRA
Fundamental Rights Agency of the EU in Vienna
FTA
Free Trade Agreement
G
GAERC
General Affairs and External Relations Council
GATE
Girls Achieving through Education
GATS
General Agreement on trade in services
GATT
General Agreement of Tariffs and Trade
GBS
General Budget Support
GCAP
Global Campaign Against Poverty
GDP
Growth Domestic Product
GEQIP
General Education Quality Improvement Package
GM
Global Mechanism
GREENS/EFA
Political Group in EP, the Greens/ European Free Alliance
GTAF
General Technical Assistance Facility: a programme which covers several smaller
programmes in different sectors in order to prepare the ground for larger singlesector programmes
GUE
Political Group in EP, Confederal Group of the European United Left - Nordic Green
Left
GUO
Global Urban Observatory
H
HIPC
High-Income Partner Countries
243
HLG
High level group on disability
HoD
Head of Delegation
HRDN
Human Rights and Democracy Network
I
IA
Implementing Agency
IAOA
International Alliance of Orchestra Associations
IASC
Inter-Agency Standing Committee
IASSID
International Association for the Scientific Study of Intellectual Disabilities (mental
retardation and related developmental disabilities)
ICC
International Criminal Court
ICDP
International Conference on Population and Development, Cairo, September 1994
ICRC
International Committee of the Red Cross
ICTs
Information and Communication Technologies
IDA
International Development Association
IDTs
International Development Targets
IETM
International Network for Contemporary Performing Arts
IFAD
International Fund for Agriculture Development
ILO
International Labour Organization
IMF
International Monetary Fund
Indemgroup
Political Group in EP, Independence/Democracy Group
INGO
International Non-Governmental Organisations
IFI
International Financial Institutions
ILO
International Labour Organisation
IMF
International Monetary Fund
244
IOM
International Organization for Migration
iQSG
interservice Quality Support Group
IRP
Interregional Programme
IS DG
European Commission, Information Society Directorate-General
ISC
Inter-Service Consultation
ISDR
International Strategy for Disaster Reduction
ISPA
Instrument for Structural Policies for Pre-Accession
IST
Information Society Technologies Programme
ITI
International Theatre Institute
ITS
Political Group in EP, Identity, Tradition, Sovereignty
J
JPA
Joint Parliamentary Assembly
JEG
Joint Expert Group
K
KP
Kyoto Protocol to the United Nations Framework Convention on Climate Change,
Kyoto, December 1997
L
LACE
Linkage Assistance & Cooperation between European Border Regions
LDCs
Least Developed Countries
Les Rencontres
Assocation of Europeans Cities and Regions for Culture
LICs
Low-Income Countries
LINKS
Learning through Information Networking & Knowledge Sharing
LRRD
Linking, Relief, Rehabilitation and Development
LSIF
Large Scale Infrastructure Facility
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M
MDG
Millennium Development Goals
MEA
Multilateral Environmental Agreements
MEDA
Euro-Mediterranean Partnership
MEP
Member of the European Parliament
MEPs
Member of the European Parliament
Metier
National Training Organisation for the arts and entertainment sector
MFN
Most favoured Nation
MISEP
Mutual Information System on Employment Policies
MISSOC
Mutual Information System on Social Protection in the Member States of the
European Union
Monterrey Consensus
International Conference on Financing for Development, Monterrey, March 2002
MS
Member States
MTF
UN Millennium Task Force
MTR
Mid-Term Review
MUCE
Music Users Council of Europe
N
NAFTA
North American Free Trade Agreement
NAO
National Authorising Officer
NATO
North Atlantic Treaty Organization
NCP
National Contact Point
NDS
National Development Strategy
NGO
Non Governmental Organisation
NIP
National Indicative Programme
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NPAA
National Programme for the Adoption of the Acquis
NSA
Non State Actors
NSH
Nordic Cooperation on Disability
O
ODA
Official Development Assistance
OECD
Organisation for Economic Co-operation and Development
OEE
European Employment Observatory
OJ
Official Journal of the European Union
OMAS
The external monitoring and assessment service for the Phare programme
OMC
Open Method of Coordination
P
Paris Declaration
Paris Declaration on Aid Effectiveness, Paris, March 2005
PCD
Policy Coherence for Development
PCU
Programme Co-ordination Unit
PFM
Public Finance Management
PIU
Project Implementation Unit
PMU
Project Management Unit
PRSP
Poverty Reduction Strategy Paper
PSE
Political Group in EP, European Socialists
Q
QSG
Quality Support Group
QMV
Qualified Majority Voting
R
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RAO
Regional Authorising Officer
RELEX
European Commission, DG External Relations
RESEO
European Network of Education Departments in Opera Houses
RIP
Regional Indicative Programme
RSP
Regional Strategy Paper
RSPG
Radio Spectrum Policy Group
S
SAA
Stabilisation and Association Agreement
SAD
Single Administrative Document
SAP
Stabilisation and Association Process
SAP
Special Assistance Programme
SAPARD
Special Accession programme for Agriculture and Rural Development
SBS
Sector Budget Support
SCR
Joint Service for the management of Community Aid to Non-Member Countries
SEA
Strategic Environmental Assessment
SLIC
Senior Labour Inspectors Committee
SLM
Sustainable Land Management
SME’s
Small and Middle Enterprises
SOLT
Society for London Theatres
SOP
Sector Operational Programme
SPP
Special Preparatory Programme
SSDC
Sectoral Social Dialogue Committee
STAP
Technical and Administrative Support Programme
248
SYSDEM
System of Documentation, Evaluation and Monitoring of Employment Policies
SWAP
Sector Wide Approach
T
TA
Technical Assistance
TACIS
Technical Assistance to partner States in Eastern Europe and Central Asia
TAOs
Technical Assistance Offices
TAP
Technical Assistance & Promotion
TAT
Technical Assistance Team
TENs
Trans-European Networks
TFAN
Task Force for Accession Negotiations
TG
Task Group
TRIPs
Trade-Related Intellectual Property Rights
TRTA
Trade-Related Technical Assistance
U
UEAPME
European Association Small or Medium Enterprise
UEN
Political Group in EP, Union for Europe of the Nations
UMO
Umbrella Member Organisations
UN
United Nations Organisation
UNCCD
United Nations Convention to Combat Desertification
UNCTAD
United Nations Conference on Trade and Development
UNESCO
United Nations Educational, Scientific and Cultural Organization
UNFCCC
United Nations Framework Convention on Climate Change
UNICE
European Employers’ Confederation
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UNOG
UN Office at Geneva
UNOV
UN Office at Vienna
UNON
UN Office at Nairobi
USPS
Urban Sector Profile Study
V
VAT
Value Added Tax
VET
Vocational Education and Training
VIES
VAT Information Exchange System
W
WB
World Bank
WG
Working Group
WHO
World Health organisation
WIPO
World Intellectual Property Organisation
WRI
World Resources Institute
WTO
World Trade Organisation
250
Useful Adresses
EU institutions’ websites
EUROPEAN COUNCIL http://www.european-council.europa.eu/the-institution.aspx?lang=en
Sets the general political direction and priorities of the European Union
EUROPEAN PARLIAMENT http://www.europarl.europa.eu/news/public/default_en.htm
Members of the European Parliament (MEPs) are directly elected by EU voters every five years
COUNCIL http://www.consilium.europa.eu/showPage.aspx?id=&lang=en
National ministers meet to discuss and – together with Parliament – adopt EU laws
EUROPEAN COMMISSION http://ec.europa.eu/index_en.htm
Appointed Commissioners and the EU’s civil service.
COURT OF JUSTICE http://curia.europa.eu/jcms/jcms/j_6/
EU law courts
EUROPEAN COURT OF AUDITORS http://eca.europa.eu/portal/page/portal/eca_main_pages/home
Reviews the financing of the EU’s activities
EUROPEAN CENTRAL BANK http://www.ecb.europa.eu/home/html/index.en.html
Responsible for European monetary policy
EUROPEAN OMBUDSMAN http://www.ombudsman.europa.eu/home/en/default.htm
Investigates complaints about maladministration by EU institutions and bodies
EUROPEAN DATA PROTECTION http://www.edps.europa.eu/EDPSWEB/edps/lang/en/EDPS
Supervises data protection in EU institutions and bodies and advises on data protection legislation
Financial bodies
EUROPEAN INVESTMENT BANK http://www.eib.europa.eu/?lang=en
Arranges financing for EU investment projects
EUROPEAN INVESTMENT FUND http://www.eif.europa.eu/
Help for small businesses
251
Advisory bodies
EUROPEAN ECONOMIC http://www.eesc.europa.eu/?i=portal.en.home
Represents civil society, employers and employees
COMMITTEEhttp://www.cor.europa.eu/pages/HomeTemplate.aspx
Representation for regional and local authorities
Interinstitutional bodies
EUROPEAN EXTERNAL ACTION SERVICE http://eeas.europa.eu/index_en.htm
PUBLICATIONS OFFICE OF THE EUROPEAN UNION http://publications.europa.eu/index_en.htm
Publishes EU documentation
A JOB WITH THE EU - EPSO http://europa.eu/epso/index_en.htm
Recruitment of staff for the EU institutions and other bodies
EUROSTAT http://epp.eurostat.ec.europa.eu/portal/page/portal/eurostat/home
Official EU statistics homepage
EUROPEAN ADMINISTRATIVE SCHOOL http://europa.eu/eas/index_en.htm
Core training for EU staff
EU agencies
COMMON FOREIGN AND SECURITY POLICY http://europa.eu/agencies/security_agencies/index_en.htm
Agencies set up to carry out specific technical, scientific and management tasks
POLICE AND JUDICIAL COOPERATION http://europa.eu/agencies/pol_agencies/index_en.htm
Helps EU member countries co-operate in the fight against organised international crime
OTHER POLICY AREAS http://europa.eu/agencies/community_agencies/index_en.htm
'Community’ agencies
EXECUTIVE AGENCIES http://europa.eu/agencies/executive_agencies/index_en.htm
Set up to manage EU programmes
EURATOM AGENCIES AND BODIES http://europa.eu/agencies/euratom_agencies/index_en.htm
Created to support the aims of the European Atomic Energy Community
252
EUROPEAN INSTITUTE OF INNOVATION AND TECHNOLOGY (EIT) http://eit.europa.eu/
Pools the best scientific, business and education resources to boost the Union's innovation capacity
L AW-MAKING IN THE EU http://europa.eu/institutions/decision-making/index_en.htm
Explains what roles the main institutions play in legislative decision-making
Publication Office’s Websites
TED http://ted.europa.eu/TED/main/HomePage.do
Online version of the 'Supplement to the Official Journal of the European Union', dedicated to European
public procurement
SIMAP http://simap.europa.eu/
Portal that provides access to most important information about public procurement in Europe.
OUR TENDERS http://publications.europa.eu/tenders/our/index_en.htm
On this page only calls for tenders of Publications Office are listed in the order of their upcoming
deadlines.
WHOIS WHO http://europa.eu/whoiswho/whoiswho.html
The official directory of the European Union
EU Law
OFFICIAL J OURNAL OF THE EU http://publications.europa.eu/official/index_en.htm
Published every working day in all official languages of the European Union, online issues from 1998
onwards.
EU BOOKSHOP http://bookshop.europa.eu/is-bin/INTERSHOP.enfinity/WFS/EU-Bookshop-Site
The online bookshop containing European publications
RESEARCH & DEVELOPMENT http://cordis.europa.eu/
The gateway to European research and development
EUR-L EX http://eur-lex.europa.eu/
Online, free and multilingual gateway to Community Legislation; including the Official Journal, the
Treaties, the Legislation in force, the document series of the European Commission, the case-law of the
Court of Justice and the Court of First Instance and the collection of consolidated legislation. It also
provides links to other sources of information such as the registers of the institutions and other legislative
sites of the EU and the Member States.
253
APPLICATION OF EU L AW BY THE MEMBER STATES http://ec.europa.eu/community_law/index_en.htm
Implementation of EU Directives by member countries, breaches of EU Law, state aid
IS YOUR GOVERNMENT FAILING TO APPLY EU LAW?
http://ec.europa.eu/community_law/your_rights/your_rights_en.htm
How to lodge a complaint against a national government for incorrectly implementing EU law
EUROPEAN E-J USTICE PORTAL https://e-justice.europa.eu/home.do?&action=home&lang=en
To find answers to cross-border questions on legal aid, judicial training, links to legal databases and
online insolvency and land registers across the EU.
EU COUNCIL http://www.consilium.europa.eu/showPage.aspx?id=551&lang=EN
Monthly summary of Council acts
Summaries of EU laws
SUMMARIES OF EU LAWS http://europa.eu/legislation_summaries/index_en.htm
Overview of legislation by subject area
Treaties
FULL TEXT OF THE TREATY ON EUROPEAN UNION
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2010:083:SOM:EN:HTML
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the
European Union
L ISBON TREATY http://europa.eu/lisbon_treaty/index_en.htm
Information on the Lisbon Treaty and the ratification process
CHARTER OF FUNDAMENTAL HUMAN RIGHTS
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:303:0001:0016:EN:PDF
Single text bringing together civil, political, economic and social rights.
EU AT A GLANCE – TREATIES AND LAW http://europa.eu/abc/treaties/index_en.htm
Overview of all treaties, including the full official texts
L EGAL TEXTS BEHIND THE EUROPEAN UNION AND EUROPEAN COMMUNITIES
http://eur-lex.europa.eu/en/treaties/index.htm
Founding treaties and protocols
254
INSTITUTIONAL REFORM OF THE EUROPEAN UNION
http://europa.eu/documentation/legislation/institutional_reform/index_en.htm
This website offers information on the latest developments of the European Union institutional reform
INSTITUTIONAL REFORM OF THE EUROPEAN UNION - MAIN DATES
http://europa.eu/documentation/legislation/institutional_reform/chronology/index_en.htm
This calendar sets out all the main stages and significant events in Europe’s institutional reform
SCHENGEN AGREEMENT
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:42000A0922%2802%29:EN:HTML
Free movement of people in the Schengen area.
Legislation in preparation
EUROPEAN PARLIAMENT – LEGISLATIVE OBSERVATORY
http://www.europarl.europa.eu/oeil/index.jsp?language=en
Overview of current legislative procedures in the European Parliament
CURRENT STATUS OF LEGISLATIVE PACKAGES (PREL EX) http://ec.europa.eu/prelex/apcnet.cfm?CL=en
Database of inter-institutional legislative procedures
PREPARATORY ACTS (EUR-L EX) http://eur-lex.europa.eu/en/prep/index.htm
Directory of all preparatory documents for legislation and budget
EU case-law
EU CASE-LAW (EUR-L EX) http://eur-lex.europa.eu/JURISIndex.do?ihmlang=en
Database of all rulings by the 3 EU courts from 1954 onwards
EU CASE-LAW – BY CASE NUMBER http://curia.europa.eu/jcms/jcms/Jo2_7045/numerical-access
Database of cases lodged with the Court of Justice, Court of First Instance and Civil Service Tribunal
CASE LAW DATABASE http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en
Access to European court decisions and opinions
Legislative procedures explained
DECISION -MAKING IN THE EU http://europa.eu/institutions/decision-making/index_en.htm
Overview of how EU law is decided by the EU institutions
255
CODECISION http://ec.europa.eu/codecision/index_en.htm
Step-by-step explanation of the codecision procedure - where the European Parliament passes laws jointly
with the EU Council - and list of past laws subject to this method
OFFICIAL RULES OF PROCEDURE OF THE EUROPEAN COUNCIL
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:315:0051:0055:EN:PDF
How the European Council operates
HOW EU LAW IS APPLIED http://ec.europa.eu/community_law/index_en.htm
How EU law has been implemented in your country and how to complain if this hasn’t happened
EUROPEAN JUDICIAL COOPERATION IN CIVIL CASES
http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm
User-friendly information on cooperation between national courts in civil cases
Legal cooperation between EU governments
EUROJUST - EU JUDICIAL COOPERATION UNIT http://www.eurojust.europa.eu/
Improving coordination between EU member countries on cross-border and organised crime
Statistics
EUROSTAT - OFFICIAL EU STATISTICS HOMEPAGE
http://epp.eurostat.ec.europa.eu/portal/page/portal/eurostat/home

STATISTICS DATABASE
http://epp.eurostat.ec.europa.eu/portal/page/portal/statistics/search_database

STATISTICS BY SUBJECT http://epp.eurostat.ec.europa.eu/portal/page/portal/statistics/themes

STATISTICS A-Z http://epp.eurostat.ec.europa.eu/portal/page/portal/statistics/a_to_z

STATISTICS EXPLAINED
http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Main_Page
FACTS AND FIGURES ABOUT EUROPE http://europa.eu/abc/keyfigures/index_en.htm
Information on population, education, Europeans at work and other subjects
PUBLIC OPINION - EUROBAROMETER http://ec.europa.eu/public_opinion/index_en.htm
Surveys and studies on European issues (since 1973)
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