EU Law

1
EU Law

• The European Union Is Unique Among International
  Organizations in Having a Complex and Highly
  Developed System of Internal Law Which Has Direct
  Effect Within the Legal Systems of Its Member
  States.
• There Are Three Sources of European Union Law
• Primary Legislation the Treaties
• Secondary Legislation Regulations, Directives,
  Decisions, Recommendations and Opinions Made by
  the Union's Institutions in Accordance With the
  Treaties
• Decisions of the European Court of Justice and
  the Court of First Instance

2
Treaties

• The Treaties of the European Union Are
  Effectively Its Constitutional Law, Making up the
  EU's Primary Legislation. They Lay Down the Basic
  Policies of the Union, Establish Its
  Institutional Structure, Legislative Procedures,
  and the Powers of the Union. The Treaties That
  Make up the Primary Legislation Include
• The ECSC Treaty of 1951 (Treaty of Paris)
• The EEC Treaty of 1957 (Treaty of Rome)
• The EURATOM Treaty of 1957 (Treaty of Rome)
• The Merger Treaty of 1965
• The Single European Act of 1986
• The Treaty of Maastricht of 1992
• The Treaty of Amsterdam of 1997
• The Treaty of Nice of 2001
• The Treaty of Accession 2003 of 2003
• The Various Annexes and Protocols Attached to
  These Treaties Are Also Considered a Source of
  Primary Legislation.

3
Regulation

• EU Regulations Have a General Scope, and Are
  Obligatory in All Its Elements and Directly
  Applicable in All Member States of the European
  Union. For This Reason It Constitutes One of the
  Most Powerful or Influential Form of EU Law.
• Because Regulations Have Direct Effect, the
  Individual Countries Do Not Need to Pass Local
  Laws to Bring Them Into Effect, and Indeed Any
  Local Laws Contrary to the Regulation Are
  Overruled, As European Union Law Is Supreme Over
  the Laws of the Member States. Member States
  Therefore Have to Legislate in the Light Of, and
  Consistently With the Requirements Of EU
  Regulations.

4
Directive

• A European Union Directive Is the Collective
  Decision Made by the Member States, Acting
  Through Their National Government Ministers in
  the Council of the European Union and the
  Parliament. It Is Customary to Group Discussions
  Around a Specific Topic in the Council, Allowing
  the Member States to Send the Minister Which Is
  Competent for This Area to the Meeting.
• A Directive Fixes the Objectives to Be Pursued by
  the EU Member States, but Leaves Freedom of
  Choice for the Ways of Obtaining Them
  (Maintaining an Obligation to Achieve the
  Result) "A Directive Shall Be Binding, As to the
  Result to Be Achieved, Upon Each Member State to
  Which It Is Addressed, but Shall Leave to the
  National Authorities the Choice of Form and
  Methods."

5
Decision

• The Legislative Procedure for Adoption of a
  Decision Varies Depending on Its Subject Matter.
  The Codecision Procedure Requires Agreement of
  and Allows Amendments by Both the European
  Parliament and the Council of the European Union.
  The Assent Procedure Requires Agreement of Both
  Parliament and Council, but the Parliament Can
  Only Agree or Disagree to the Text As a Whole -
  It Cannot Propose Amendments. The Consultation
  Procedure Requires Agreement of the Council
  Alone, the Parliament Merely Being Consulted on
  the Text. In Some Areas, Such As Competition
  Policy, the Commission May Itself Issue Decisions.

6
Recommendation

• A Recommendation in the European Union Is One of
  Two Kinds of Non-binding Acts Cited in the Treaty
  of Rome. They Are Without Legal Force but Are
  Negotiated and Voted on According to the
  Appropriate Procedure (Eg Codecision Procedure
  Etc). Recommendations Differ From Regulations,
  Directives and Decisions, in That They Are Not
  Binding for Member States but Have a Political
  Weight.
• Concretely Recommendation Can Be Used by the
  Commission in Order to Avoid a Distortion of
  Competition Due to the Establishment or the
  Modification of Internal Norms of a Member State.
  If This Country Does Not Conform Itself to This
  Recommendation, the Commission Cannot Propose to
  the Council the Adoption of a Directive Directed
  to Other Member Countries, in Order to Elide This
  Distortion. The Recommendation Is an Instrument
  of Indirect Action Aiming at the Approach of
  Legislation of Member States, Differing From the
  Directive Only by the Absence of Obligatory
  Power.

7
European Court of Justice

• Located in Luxembourg, It Was Founded in 1958 As
  the Joint Court for the Three Treaty
  Organizations That Were Consolidated Into the
  European Community (the Predecessor of the EU) in
  1967. The Court Interprets EU Treaties and
  Legislation. Although It May Attempt to Reconcile
  Differences Between National and EU Laws,
  Ultimately Its Decisions Overrule Those of
  National Courts.
• Increased Litigation Over the Years Led to the
  Establishment of a Lower Court, the Court of
  First Instances. International Law Cases
  Involving Nations Outside the EU Are Heard by the
  World Court in The Hague. The European Court of
  Human Rights in Strasbourg, France, Is Recognized
  by the Members of the Council of Europe and Hears
  Cases Relating to the European Convention for the
  Protection of Human Rights and Personal Freedoms.

8
Court of First Instance

• The Court of First Instance, Was Created in 1988,
  and Is Currently Composed of 25 Judges, at Least
  One From Each Member State. The Judges Are
  Appointed for a Renewable Term of Six Years by
  Common Accord of the Governments of the Member
  States.
• The Members of the Court of First Instance Elect
  Their President and the Presidents of the
  Chambers of Five Judges From Among Their Number
  for a Renewable Period of Three Years.
• The Creation of the Court of First Instance
  Instituted a Judicial System Based on Two Levels
  of Jurisdiction All Cases Heard at First
  Instance by the Court of First Instance May Be
  Subject to a Right of Appeal to the Court of
  Justice on Points of Law Only.
• In View of the Increasing Number of Cases Brought
  Before the Court of First Instance in the Last
  Five Years, in Order to Relieve It of Some of the
  Caseload, the Treaty of Nice, Provides for the
  Creation of Judicial Panels in Certain Specific
  Areas.

9
EU Pillars

• It Was Desired to Add Powers to the Community in
  the Areas of Foreign Policy, Security and Defence
  Policy, Asylum and Immigration Policy, Criminal
  Co-operation, and Judicial Co-operation. However,
  Some Member-states Opposed the Addition of These
  Powers to the Community on the Grounds That They
  Were Too Sensitive to National Sovereignty for
  the Community Method to Be Used, and That These
  Matters Were Better Handled Intergovernmentally.
  As a Result, These Additional Matters Were Not
  Included in the European Community, But Were
  Tacked on Externally to the European Community in
  the Form of Two Additional 'Pillars. These
  Pillars Are
• The First or 'Community' Pillar Concerns
  Economic, Social and Environmental Policies.
• The Second or 'Common Foreign and Security
  Policy' (CFSP) Pillar Concerns Foreign Policy and
  Military Matters.
• The Third or 'Police and Judicial Co-operation
  in Criminal Matters' (PJCC) Pillar Concerns
  Co-operation in the Fight Against Crime. This
  Pillar Was Originally Named 'Justice and Home
  Affairs'.

10
The Three Pillars
11
European Communities

• European Communities Is the Name Given
  Collectively to the European Coal and Steel
  Community (ECSC), the European Economic Community
  (EEC), and the European Atomic Energy Community
  (Euratom), When in 1968, They Were First Merged
  Under a Single Institutional Framework With the
  Merger Treaty.
• EEC Soon Became the Most Important of These Three
  Communities, Subsequent Treaties Adding It
  Further Areas of Competence That Extended Beyond
  the Purely Economic Areas. In 1992 the Word
  'Economic' Was Removed From Its Name by the
  Maastricht Treaty.
• The Maastricht Treaty Turned the European
  Communities As a Whole Into the First of Three
  Pillars of the European Union, Also Known As the
  Community Pillar or Communities Pillar. In
  Community Pillar Policy Areas Decisions Are Made
  Collectively by Qualified Majority Voting (QMV).

12
Common Foreign and Security Policy

• The Common Foreign and Security Policy or CFSP
  Was Established As the Second of the Three
  Pillars of the European Union in the Maastricht
  Treaty and Further Defined and Broadened in the
  Amsterdam Treaty. According to the Treaties, the
  European Union Defines and Implements a Common
  Foreign and Security Policy, With the Following
  Objectives
• To Safeguard the Common Values, Fundamental
  Interests, Independence and Integrity of the
  Union in Conformity With the Principles of the
  United Nations Charter
• To Strengthen the Security of the Union in All
  Ways
• To Preserve Peace and Strengthen International
  Security, in Accordance With the Principles of
  the United Nations Charter, As Well As the
  Principles of the Helsinki Final Act and the
  Objectives of the Paris Charter, Including Those
  on External Borders
• To Promote International Cooperation
• To Develop and Consolidate Democracy and the
  Rule of Law, and Respect for Human Rights and
  Fundamental Freedoms.

13
Police and Judicial Co-operation in Criminal
Matters

• Police and Judicial Co-operation in Criminal
  Matters Is the Third of the Three Pillars of the
  European Union, Focusing on Co-operation in Law
  Enforcement and Combating Racism. It Was Created
  As the Justice and Home Affairs Pillar in the
  Treaty of Maastricht. Justice and Home Affairs
  Co-operation Aims at Reinforcing Actions Taken by
  Member States While Allowing a More Coherent
  Approach of These Actions, by Offering New Tools
  for Coordinating Actions. It Was Established
  That, While Reaching the Objectives of the Union,
  and Notably the Freedom of Movement, the Member
  States Consider the Following As Areas of Common
  Interest
• Asylum
• Rules Concerning the Entrance of External
  Borders
• Immigration Policies and Policies Concerning
  Third Countries Citizens
• Combating Illicit Drugs
• Fight Against International Fraud
• Judicial Co-operation in Civil Matters
• Judicial Co-operation in Penal Matters
• Customs Co-operation
• Police Co-operation for Preventing and Fighting
  Terrorism, Drugs Trade and Other Grave Forms of
  International Criminality, Comprising, If
  Necessary, Certain Aspects of Customs
  Co-operation.

14
Acquis Communautaire

• "The Acquis Communautaire or Community Patrimony
  Is the Body of Common Rights and Obligations
  Which Bind All the Member States Together Within
  the European Union. It Is the Concept of the
  Acquis Communautaire Which Permits the EU to
  Maintain Its Cohesion and to Proceed With Its
  Objective of Deepening, Despite Its Increasing
  Number of Members. It Constitutes an Indivisible
  Whole That Each New Member State Is Obliged to
  Accept and Effectively Implement. As It Stands
  Today, the Acquis Consists of
• The Content, Principles and Political Objectives
  of the Treaties (Including Those of the Treaty of
  Amsterdam)
• Legislation Adopted Pursuant to the Treaties,
  and the Case Law of the Court of Justice
• Statements and Resolutions Adopted Within the
  Union Framework
• Joint Actions, Common Positions, Declarations,
  Conclusions and Other Acts Within the Framework
  of the Common Foreign and Security Policy
• Joint Actions, Joint Positions, Conventions
  Signed, Resolutions, Statements and Other Acts
  Agreed Within the Framework of Justice and Home
  Affairs
• International Agreements Concluded by the
  Community and Those Concluded Among Themselves by
  the Member States With Regard to Union
  Activities.

15
Access Negotiations

• Before Full Membership the Union Community Must
  Determine If the New Member States Legal
  Framework Is Accordingly With the Europeans One.
  If Such Doesnt Happen Then an Harmonization Is
  Required Otherwise Current Unions Achievements
  Such As the Common Market Could Be at Stake. This
  Analysis and Synchronization Consist of Two
  Phases the Acquis Screening and the
  Substantive Negotiations.

16
Acquis Screening

• Acquis Screening Refers to the Examination in
  Great Detail of the Degree to Which the Body of
  Law, Institutions and Procedures of the Candidate
  Country Comply With Those of the EU. It Consists
  in a Meeting of Delegates From the EU Commission
  With Delegates From the Respective Candidate
  Country, to Discuss the Extent of Adaptation
  Necessary to Conform to the Acquis Communautaire.
  The Acquis Screening Is a Prerequisite for the
  Commencement of Concrete Accession Negotiations,
  by the Foreign Ministers.
• Acquis Screening Consists in the Examination of
  31 Chapters, Each Treated Separately.

17
Substantive Negotiations

• Substantive Negotiations Refers to the
  Negotiation of Transitional Arrangements or
  Derogations, This Is the Changes to Be Made to
  the Countries Laws. Formal Bilateral Sessions Are
  Held Between EU Governments and the Candidate
  Government at Either the Heads of State And
  Governments, Ministerial or the Ambassador Level.
  These Sessions Are Chaired by the Government
  Holding the Presidency, Assisted by the
  Commission and Council Secretariat. After All of
  the Chapters Are Closed, a Final Accession Treaty
  Is Adopted by the European Council.

18
Transitional Arrangements

• No Permanent Derogation From the Acquis
  Communautaire Is Permitted. However in
  Exceptional Circumstances Temporary Derogations
  and Transitional Periods May Be Agreed, With the
  Aim of Allowing the New Member State to Gradually
  Harmonize Itself Towards the Acquis in Sectors
  Where Exceptional Difficulties Are Confronted.
  But the Principle Must Be Retained of Acceptance
  of the Acquis to Safeguard the Achievements of
  the Union.

19
Chapters of the Acquis

• During the Process of the Enlargement of the
  European Union, the Acquis Was Divided Into 31
  Chapters for the Purpose of Negotiation Between
  the EU and the Candidate Member States. These
  Chapters Are

• Free Movement of Goods
• Free Movement of Persons
• Freedom to Provide Services
• Free Movement of Capital
• Company Law
• Competition Policy
• Agriculture
• Fisheries
• Transport Policy
• Taxation
• Economic and Monetary Union
• Statistics
• Social Policy and Employment
• Energy
• Industrial Policy
• Small and Medium-sized Enterprises

• Science and Research
• Education and Training
• Telecommunication and Information Technologies
• Culture and Audio-visual Policy
• Regional Policy and Coordination of Structural
  Instruments
• Environment
• Consumers and Health Protection
• Cooperation in the Field of Justice and Home
  Affairs
• Customs Union
• External Relations
• Common Foreign and Security Policy (CFSP)
• Financial Control
• Financial and Budgetary Provisions
• Institutions
• Others

20
Free Movement of Goods

• The Free Movement of Goods Is a Fundamental
  Feature of the Objective of Establishing a Single
  Market Within the EU. Goods Produced in Member
  Countries and Goods Imported (Once Inside the
  Union) Should Be Able to Move Freely From One
  Member State to Another Without Impediment. This
  Is Achieved Not Only Through the Elimination of
  Tariffs and Quotas, but by the Elimination or
  Harmonization of All Measures That May Impede
  Internal Trade.

21
Free Movement of Persons

• Another of the Cornerstones of Europes
  Development Is the Free Movement of Persons.
  Accessing Countries Must Harmonize Their Current
  Regulations So As to Include
• The Removal of Checks at Common Borders,
  Replacing Them With External Border Checks
• A Common Definition of the Rules for Crossing
  External Borders
• Separation in Air Terminals and Ports of People
  Traveling Within the Schengen Area From Those
  Arriving From Countries Outwith the Area
• Harmonization of the Rules Regarding Conditions
  of Entry and Visas for Short Stays
• Coordination Between Administrations on
  Surveillance of Borders (Liaison Officers,
  Harmonization of Instructions and Staff
  Training)
• The Definition of the Role of Carriers in the
  Fight Against Illegal Immigration
• Requirement for All Non EU Nationals Moving From
  One Country to Another to Lodge a Declaration
• The Drawing up of Rules for Asylum Seekers (
  Dublin Convention )
• The Introduction of Rights of Surveillance and
  Not Pursuit
• The Strengthening of Legal Cooperation Through a
  Faster Extradition System and Faster Distribution
  of Information About the Implementation of
  Criminal Judgments
• The Creation of the Schengen Information System
  (SIS).

22
Freedom to Provide Services

• There Is Only True Market Prices When Competition
  Among Companies Is Stimulated. That Is Why the
  Freedom to Provide Services Is Crucial in Europe
  and Distortions Must Be Mended. So It Is Europes
  Goal To Provide Economic Operators and Member
  States With the Commission's Interpretation,
  Specifically in the Context of the Insurance
  Directives, of the Concepts of Freedom to Provide
  Services and the General Good
• The Main Objective Is to Allow Any Insurer
  Authorized in a Member State to Carry on Its
  Insurance Activities Throughout the European
  Union, Whether Under the Rules on Branches or
  Under the Freedom to Provide Services

23
Free Movement of Capital

• In Accordance With the Conclusions of the Madrid
  European Council on 26 and 27 June 1989, the
  Liberalization of Capital Movements Corresponds
  to the First Stage of Economic and Monetary Union
  . Free Movement of Capital Remains a Necessity If
  We Are to Take Full Advantage of the Benefits of
  the Single Market.
• Therefore Accessing Countries Must Adopt the
  Principle of Full Freedom of Capital Movements
  and Payments, Both Between Member States and
  Between Member States and Third Countries. But
  There Is the Possibility of Maintaining Certain
  Existing Restrictions and Possibility of Taking
  Safeguard Measures If Movements of Capital to or
  From Third Countries Cause Serious Difficulties
  for the Operation of Economic and Monetary Union
  and Allows the Community or a Member State to
  Take Measures on Movements of Capital to or From
  Third Countries for Security or Foreign Policy
  Reasons.

24
Company Law

• The Aim of the Acquis on Company Law Is to
  Establish Basic Minimum Rules for Companies
  Throughout the EU to Follow. The Acquis in the
  Chapter on Company Law Breaks Down Into Six
  Areas
• Company Law
• Accounting Law
• Law of Contracts
• Enforcement of Court Judgements
• Intellectual Property Rights
• Industrial Property Rights.
• With Respect to Company Law the Central Element
  of the of Acquis Relates to Transparency, That Is
  the Release of Information and the Publication of
  Accounts, Internal Management and the Operation
  of Companies. In the Area of Intellectual
  Property Rights, and Industrial Ownership Rights,
  the Main Features Relate to the Protection of
  Intellectual Property Rights, Patents and
  Registered Trade Marks.

25
Competition Policy

• The Aim of Competition Policy Is to Ensure That
  Competitive Markets Are Maintained in Order to
  Ensure Efficiency and Provide Protection of
  Consumers From Cartels and Monopolistic Acts. The
  Competition Acquis Has Two Main Aspects
• Anti-trust Rules
• Rules on State Aid.
• Anti-trust Rules Relate to Mergers and to
  Agreements Between Undertakings and They Further
  Aim at Avoiding the Abuse of Dominance by
  Undertakings Which Have a Dominant Position in
  the Market. As for the Rules Governing State Aid
  , They Impose Strict Control on Aid Granted to
  Undertakings by the State or Through State
  Resources.
• Each Member State Must Have a National
  Competition Authority, Which, in the Field of
  Anti-trust Policy, Cooperates Closely With the
  Commission, and a State Aid Authority, Which
  Co-ordinates the Fulfillement of the
  Notification, Reporting and Information
  Requirements of the Acquis

26
Agriculture

• Agriculture Policy Is One of the Biggest Resource
  Consumers of the EU. Whenever a New State Is to
  Join the Union Its Regulations, Procedures and
  Information Systems Must be Analogous so he Will
  Need to Set up an Integrated Administration and
  Control System Comprising
• A Computerized Data Base
• An Identification System for Agricultural
  Parcels
• A System for the Identification and Registration
  of Payment Entitlements
• Aid Applications
• An Integrated Control System
• A Single System to Record the Identity of Each
  Farmer Who Submits an Aid Application.

27
Fisheries

• The Acquis With Respect to Fisheries Is Divided
  Into Four Sub-sectors As Follows
• Management of Resources and Control
• International Agreements Relating to Fishing
• Common Organization of Marketing
• State Assistance and Activities Relating to
  Reorganization / Restructuring.
• Special Attention Is Given to Establishing and
  Monitoring Mechanisms and the Acquisition of the
  Capacity to Control Large Vessels Fishing in
  International Waters.

28
Transport

• Covers Transport by Air, Water and Overland.
• A Significant Part of the Acquis Consists of
  Regulations, Decisions and Provisions of the EU
  Treaty, Which Will Apply Directly on the Day of
  Accession and Do Not Require an Active
  Transposition Into National Legislation. However,
  the Infrastructure Required for Their Effective
  Implementation Will Have to Be in Place by the
  Day of Accession. Another Part of the Acquis
  Consists of Directives, Which Need to Be
  Transposed Into the Legal System of the Country
  Concerned. In the Air and Maritime Sectors, a
  Number of Conventions, Recommendations and
  Standards, Adopted by International
  Organizations, Have Been Incorporated Into
  Community Law, Thus Making Them Legally Binding
  for the Member States.

29
Taxation

• Harmonizing Taxation, Which Is a Symbol of
  National Sovereignty, Continues to Be Problematic
  Because It Is Such a Complex Issue and Because
  Unanimity Is Required for the Adoption of
  Decisions. Without Taxation Policy Coordination
  Between the Member States, the Free Movement of
  Capital May Encourage Cross-frontier Fraud. The
  Differences Between National Tax Systems Are
  Becoming More Visible and Are Having an Even
  Greater Influence on Decisions Regarding Capital
  Allocation. Therefore to Prevent Tax Dumping
  Countries Must Try to Harmonize Their Taxation.
• In Order to Tackle Harmful Tax Competition, the
  Commission Proposes Several Measures That Can
  Form a Basis for Increased Coordination Between
  Member States in Taxation Matters, in Particular
• A Code of Conduct for Business Taxation, in
  Parallel With a Commission Communication on State
  Aid in the Form of Taxation Measures
• Measures to Eliminate Distortions in the
  Taxation of Capital Income
• Measures to Eliminate Withholding Taxes on
  Cross-border Interest and Royalty Payments
  Between Companies
• Measures to Eliminate Significant Distortions in
  the Area of Indirect Taxation.

30
Economic and Monetary Union

• Under the Accession Treaty, the New Member States
  Must Go Directly Into Stage Three (the Euro
  Adoption) of EMU and Have the Status of Member
  State With a Derogation. Accession States Must
  Accept the Union As a Whole and Not Just the
  Parts and in the Euros Situation Local Law Must
  Allow It As the Current Currency.
• With a View to Achieving the Necessary Budgetary
  Discipline to Join the Euro Zone, the New Member
  States' Budgetary Policies Will Be Subject to
  Supervision. They Are Required to Develop
  Multiannual Stability and Convergence Programmes
  Which Include Objectives Concerning Their
  Progress Towards Adopting the Euro. Convergence
  Criteria
• Price Stability, Measured According to the Rate
  of Inflation in the Three Best Performing Member
  States
• Long-term Interest Rates Close to the Rates in
  the Countries With the Best Inflation Results
• An Annual Budget Deficit Which Does Not Exceed
  3 of Gross Domestic Product (GDP) and Total
  Government Debt Which Does Not Exceed 60 of GDP
  
• Stability in the Exchange Rate of the National
  Currency on Exchange Markets.

31
Statistics

• The Aim of the Acquis Is to Ensure That
  Statistics Are Prepared on the Same Basis, And,
  Therefore, Allow for Comparisons to Be Made
  Between Member States. This Is Essential for the
  Determination of Policies.
• To Ensure That EU Statistical Requirements Are
  Met, the Department of Statistics and Research of
  Each Accessing Country Should Cooperate With
  EUROSTAT.

32
Social Policy / Employment

• Social Policy Falls Under the Joint
  Responsibility of the European Community and the
  Member States. The Fields of Social
  Policy/Employment Harmonization Are Set Out and
  Are
• The Promotion of Employment
• Proper Social Protection
• The Development of Human Resources With a View
  to Lasting High Employment Workers' Health and
  Safety
• Working Conditions
• The Integration of Persons Excluded From the
  Labour Market
• The Information and Consultation of Workers
• Equality Between Men and Women With Regard to
  Labour Market Opportunities and Treatment at
  Work
• Social Security and Social Protection of
  Workers
• Protection of Workers Where Their Employment
  Contract Is Terminated
• Conditions of Employment for Third Country
  Nationals Legally Residing in Community
  Territory.

33
Energy

• The Acquis on This Matter Determines a Setting of
  Rules That Aim to Fulfill the Fallowing Purposes
• Price Transparency
• Coordination of Procurement Procedures of
  Entities Operating in the Energy Sector
• Common Rules for the Internal Market in
  Electricity
• Common Rules for the Internal Market in Natural
  Gas
• Conditions for Granting and Using Authorizations
  for the Prospection, Exploration and Production
  of Hydrocarbons
• Cross-border Exchanges in Electricity
• Internal Energy Market Supply of Gas and
  Electricity
• Internal Energy Market Access to the Gas
  Transmission Networks
• Promotion of End-use Efficiency Energy
  Services
• Efficiency in Energy Using Products.

34
Industrial Policy

• The Acquis in This Chapter Is Very Limited and
  Not Binding on the Member States. Therefore, It
  Does Not Require Transposition Into National Law
  or Particular Measures for Implementation and
  Enforcement. It Consists, in General, of
  Industrial Policy Guidelines Established Both
  Overall and at the Horizontal and Sector-specific
  Levels, Aiming at Increasing the Competitiveness
  of Each Members States Industry.

35
Small and Medium-sized Undertakings

• In Recognition of the Importance of Small and
  Medium Sized Enterprises in the Economy, the Main
  Objective Is to Facilitate the Development of
  Such Companies. The First Ever EU Enterprise
  Policy Was Formulated in 1986, and Has Since Then
  Been Extended and Strengthened. The Main Aims of
  the Small and Medium Enterprise (SME) Policy Are
  As Follows
• Facilitate the Creation of an Environment
  Conducive to SME Development
• Improve Competitiveness
• Encourage Business
• Europeanize and Internationalize Their
  Activities.
• Most of the Actions in Favour of Smes Are Taken
  at National Level, but the EU Has a Number of
  Instruments Which Target Smes.

36
Science and Research (RTD)

• The Aim of the Acquis Is to Encourage Science and
  Research and to Coordinate Regulations for Such
  Programmes. The EU Basic Acquis for Science and
  Research Consists Mainly of International
  Agreements and Council Decisions Adopting the
  Framework Programmes for Research, Technological
  Development and Demonstration, As Well As
  Specific Programmes.

37
Education, Vocational Training and Youth

• Education, Training and Youth Is Primarily the
  Competence of the Member States. The Acquis Aims
  at Encouraging Better Cooperation Between the EU
  and Its Member States, and Between Member States,
  and to Ameliorate Specific Problems Such As Lack
  of Equality of Opportunity, Illiteracy, Safety in
  Schools, and Facilities for Minorities.

38
Telecommunications and Information Technologies

• The Main Aim of the Acquis Is to Ensure Technical
  Compatibility Between Different Systems, and to
  Encourage Competition in the Sector.
• The Binding Components of the Acquis Mainly
  Relate to Liberalization of Service Provision in
  the Field of Telephony, Satellite Services,
  Mobile Phones and Subjects Relating to Economic
  Supervision of Telecommunications and the
  Separation of Regulatory From Operational
  Functions. With Respect to Postal Services, the
  Binding Acquis Establishes Common Rules Relating
  to the Provision of Universal Postal Services,
  the Criteria for Reserved or Non-reserved
  Services, Tariff Principles and Transparency of
  Accounts, Quality Standards, Harmonization of
  Technical Standards and the Creation of National
  Regulatory Authorities.
• The Six Subject Headings of the Acquis Cover
  Technical Issues, Liberalization (That Is the
  Encouragement of Competition), Licencing, Access
  to Leased Lines, Protection of Data and Privacy,
  and Inter-connection Between Systems.

39
Culture and Audio-visual Policy

• The Acquis for This Chapter Aims at Establishing
  the Procedures Related to the Establishment,
  Installation and Operation of Radio and
  Television Stations. The Provisions of the Law
  Concerning the Public Broadcaster and of
  Transfrontier Television Is of Special Importance.

40
Regional Policy / Structural Instruments

• At Present, the European Union Grants Financial
  Assistance Under Multiannual Regional Development
  Programmes Negotiated Between the Regions, the
  Member States and the Commission, As Well As
  Under Specific Community Initiatives and Schemes.
  During Accession Negotiations the Framework of
  Pre-accession and Membership Funding Must Be
  Determined. Some of the Funds and Programmes
  Involved in the Negociations Are
• The European Regional Development Fund (ERDF)
• The European Social Fund (ESF)
• The European Agricultural Guidance and Guarantee
  Fund (EAGGF)
• The Financial Instrument for Fisheries Guidance
  (FIFG)
• The Cohesion Fund
• The Instrument for Structural Policies for
  Pre-accession (ISPA)
• The Special Accession Programme for Agriculture
  and Rural Development (Sapard).

41
Environment

• Because Damage to the Environment Has Been
  Growing Steadily Worse in Recent Decades. Every
  Year, Some 2 Billion Tonnes of Waste Are Produced
  in the Member States and This Figure Is Rising by
  10 Annually, While CO2 Emissions From Our Homes
  and Vehicles Are Increasing, As Is Our
  Consumption of "Dirty" Energy. The Quality of
  Life for People Living in Europe, Especially in
  Urban Areas, Has Declined Considerably.
  Protection of the Environment Is Therefore One of
  the Major Challenges Facing Europe. The European
  Community Has Been Strongly Criticised for
  Putting Trade and Economic Development Before
  Environmental Considerations. This Is Why
  Community and New Accession States Must Implement
  a Set of Rules Concerning
• Waste Management
• Noise Pollution
• Water Pollution
• Air Pollution
• Nature Conservation
• Natural and Technological Hazards
• Protection Of Nature And Biodiversity
• Soil Protection
• Chemical Products
• Civil Protection.

42
Consumers and Health Protection

• The Acquis for the Chapter on Consumers and
  Health Protection Aims at Protecting Consumers
  From Dangerous Products, Misleading Advertising,
  and Unscrupulous Selling Practices. The Acquis Is
  Composed of 14 Directives Covering Consumer
  Protection Including Product Safety, Unfair
  Terms, Price Indications, Etc. It Also Comprises
  a Community System of Information on Home and
  Leisure Accidents (EHLASS) and Three Commission
  Decisions on a Consumer Committee and Scientific
  Committees. On-the-spot Checks in the Veterinary
  Field Carried Out by Commission Experts in the
  Member States and in Third Countries Complete the
  Acquis for the Chapter.

43
Cooperation in Justice and Home Affairs

• Cooperation in Justice and Home Affairs Is a Very
  Sensible Topic but the Acquis Must Ensure a High
  Level of Harmonization and Compliance in the
  Fallowing Subjects
• Judicial Cooperation In Civil Matters
• Judicial Cooperation In Criminal Matters
• Police And Customs Cooperation
• Citizenship Of The Union
• Combating Discrimination
• Fight Against Terrorism And Organised Crime
• Fight Against Trafficking In Human Beings
• Combating Drugs
• Combating Fraud And Corruption.

44
Customs Union

• The Acquis Refers to the Effective Protection and
  Control of External Borders. It Includes Customs
  Tariffs, Trade Preferences, Quotas, Tariff
  Suspensions and Other Customs Related
  Legislation, Much of Which Is Derived From
  International Conventions or Agreements. The Aim
  Is the Adoption of the EUs Common External
  Tariff and Customs Provisions. Effective
  Implementation of the Acquis Requires
  Computerization and Electronic Coordination of
  Customs Services.

45
External Relations

• The Acquis in This Chapter Covers the Communitys
  Economic and Trade Relations With Third Countries
  As Well As Co-operation and Assistance. The
  Acquis Consists Mainly of Community Legislation,
  Which Is Directly Binding on the Member States
  and So, Does Not Require Transposition Into
  National Law. Competence in the Field of External
  Relations Is Shared Between the Community and the
  Member States.

46
Common Foreign and Security Policy (CFSP)

• The Common Foreign and Security Policy (CFSP)
  Aims at Safeguarding the Common Values,
  Interests, Independence and Integrity of the
  Union, Its Security, the Preservation of Peace,
  and the Development of Democracy, the Rule of Law
  and Respect for Human Rights and Fundamental
  Freedoms. The Acquis Is Implemented Through
  Cooperation of Member States, and the Taking of
  Positive or Negative Measures (I.E. Sanctions).
  Often Such Negative Measures Are Applied for a
  Limited Time and May Not Be Applicable by the
  Time of Accession. Owing to the Nature of This
  Chapter No Transposition Into National Law or
  Technical Adaptations Requiring the Provision of
  Information by the Applicant Countries Are
  Necessary.

47
Financial Control

• Regarding Financial Control the Acquis
  Establishes That New Accessing Countries
  Financial Law Takes in Account the Fallowing
  Principles
• Principle of Specification
• Principle of Annuality
• Principle of Equilibrium
• Principle of Unit of Account
• Principle of Universality
• Principle of Sound Financial Management
• Principle of Transparency.

48
Financial and Budgetary Provisions

• The 29th Chapter of the Acquis, Financial and
  Budgetary Provisions Assembles the Negotiations
  Concerning Derogations Applicable to the
  Financial Management Of
• The European Agricultural Guidance and Guarantee
  Fund (EAGGF), Guarantee Section
• The Structural Funds
• Research and Technological Development
  Activities
• External Action Financed by the Budget
• The European Offices (Administrative Structures
  Set up by One or More Institutions to Perform
  Specific Cross-cutting Tasks)
• Administrative Appropriations.

49
Institutions

• Accessing Countries Legislation Must Ensure That
  European Institutions Are Respected and Their
  Role and Activities Will Be Accepted and
  Implemented.
• Some of Those Institutions Are
• European Parliament
• Council of the European Union
• European Commission
• Judicial Bodies
• European Court of Auditors
• European Economic and Social Committee
• Committee of the Regions
• European Central Bank (ECB)
• European Investment Bank (EIB) and European
  Investment Fund (EIF)
• The European Ombudsman
• The European Data Protection Supervisor (EDPS).

50
Other

• Here Will Be Discussed the Areas That Do Not
  Include in the Previous Chapters but the
  Community Fells Its Needed to Developed So As to
  Reach a More Beneficial Level of Integration.