European Union

DRAFT RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part
Committee on Foreign Affairs
Charles Tannock

Source : © European Union, 2016 - EP

Commission v Breyer
Law governing the institutions
Advocate General Bobek proposes broader access to Court documents

Advocate General Sharpston considers that the Singapore Free Trade Agreement can only be concluded by the European Union and the Member States acting jointly

Commission v Aer Lingus
State aid
The Court confirms that Ireland must recover the sum of €8 per passenger from airlines benefiting from unlawful State aid

Council v Front Polisario
Agriculture and fisheries
The Association and Liberalisation Agreements concluded between the EU and Morocco are not applicable to Western Sahara

Tele2 Sverige
Approximation of laws
The Members States may not impose a general obligation to retain data on providers of electronic communications services

Vervloet and Others
Freedom of establishment
The guarantee granted by Belgium to the ARCO Group financial cooperatives infringes EU law

Gutiérrez Naranjo
Approximation of laws
Spanish case-law placing a temporal limitation on the effects of the invalidity of ‘floor clauses’ included in mortgage loan contracts in Spain is incompatible with EU law

AGET Iraklis
Approximation of laws
EU law does not, in principle, prevent a Member State from opposing collective redundancies in certain circumstances in the interests of the protection of workers and of employment

Commission v World Duty Free Group
State aid
The Court states that the General Court of the EU erred in law in setting aside the Commission decisions declaring a Spanish tax scheme incompatible with the internal market

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Source : © European Union, 2016 - EP

General : From Pinterest to LinkedIn, the European Parliament is present on most major social media platforms in order to better communicate with you. On these platforms we offer not only background information and the latest news, but also videos, photos, infographics and the opportunity to discuss topical issues. We also offer EP Newshub: our special tool to follow Parliament politics in real time. Try out our interactive infographic to get a taster of what we serve up on each platform.

Source : © European Union, 2016 - EP

What does it mean to be European in the 21st century?

Identity is the linchpin of the broader question of European integration and cohesion. It is an issue that was brought up several times during Friends of Europe’s State of Europe roundtable in October 2016.

At a time when the refugee crisis is critical to the balance of European security, peace and prosperity, the question of European identity and integration is becoming increasingly important.

The migrant and refugee crisis is not going away: ongoing violence in Syria and continued social instability across much of Africa means the crisis will continue to be a significant issue for us in Europe. It’s one we need to tackle head-on. But there are different models for integration in Europe: some lean towards embracing diversity and multiculturalism; others insist on assimilation.

But what is assimilation? It has been argued that we in Europe share a common identity. But is this really the case? The European Union has been a unifying power, but it is only a few decades old. Even today, national identities are important. Shakespeare is not as important to the French as Baudelaire is; Cervantes less precious to the Poles than Miłosz.

“Acknowledging differences – whether cultural, linguistic or religious – is important in an age in which it is tempting to couch migration in simplistic terms of ‘them’ and ‘us’”

And does this matter? Do we need to speak of a shared European identity to give historical authenticity to the political and economic union that has supported peaceful relations between the nations of Europe since the middle of the last century?

The shared history of our continent is very complex, encompassing much warfare and regional rivalry. The European project, forged in the wake of two devastating global conflicts that both began in Europe, deserves credit as an economic and political force for unity in a region historically rife with political, ideological, religious and ethnic conflicts.

But acknowledging differences – whether cultural, linguistic or religious – is important in an age in which it is tempting to couch migration in simplistic terms of ‘them’ and ‘us’.

Perhaps what binds us together is the shared desire for peace derived from the dark lessons of disunity and war where we can find the roots of the successes of the European Union. The desire for peace and the desire to see the similarities, not just in Europeans but in humanity, is the foundation upon which a future for this continent can be built.

It is possible to achieve a future where we share common goals and values of peace and commitment to universal human rights. A future Europe can be a continent that exemplifies how embracing democratic values across cultures provides a unifying model for economic and political progress.

“The migrants arriving now may need a period of adjustment, and we should gladly offer the help they need”

Accepted over time, this can slowly become a ‘shared identity’ where cultural differences can be celebrated but citizenship is derived from an adherence to a set of basic values around democracy, rights and peace. An inclusive model for 21st-century European citizenship should also emphasise outreach to youth and children.

Our hard-won values need to be respected and appreciated, but where there is justice and goodwill, it is possible. There is room for a multicultural Europe, as Europe today is not made up of a few tribes but of many groups, converging from near and far. Many of us are first-, second-, or third-generation Europeans, with roots in colourful distant lands. Nearly all of us are of relatively recent migrant ancestry.

The migrants arriving now may need a period of adjustment, and we should gladly offer the help they need. We know that we have the structures in place to support their inclusion in European life. In various countries across Europe, supportive structures include linguistic and cultural sensitivity training, an overview of legal requirements and expectations, and societal openness – as shown particularly in Greece and Norway.

Our Europe is, and has been, one of diversity: rich in distinct regional cultures, languages and identities. The love for our great literary traditions as well as of democratic principles belongs to all, both across Europe and around the world.

There is a place for a multicultural Europe – indeed, we inhabit it.

But at the same time we share recognition of our common humanity and our common desire to live in a just and peaceful society. While we do not have exclusive ownership of these values, they are still – even in these difficult times – key parts of what it means to be European.

IMAGE CREDIT: Bigstock – maxxyustas

The post What does it mean to be European? appeared first on Europe’s World.

Delegations

Source : © European Union, 2016 - EP

On Monday 19 December Berlin was the latest city to be targeted in a terrorist attack.

Pauline Massart, Friends of Europe’s Deputy Director for Security and Geopolitics, argues that while we should mourn, ordinary people also need to fight back and ensure that they can be an effective first line of defence.

It’s a familiar dance now. The news breaks. Social media goes crazy. Rumours circulate. Foul play is confirmed. Political leaders howl their indignation. We change our Facebook profile pictures. We are Berlin, Paris, Istanbul, Nice.

The right is quick to point out that the alleged perpetrator is an immigrant, the left rushes in to downplay that he is a Muslim. We hurt, we’re in shock, we try hard to carry on. Yet deep inside we’re almost getting used to it. And we know the next one is around the corner.

Sorrow and anger are natural reactions. They are justified. But they are not enough. We have to fight back. We, the people, must become the first line of defence.

Europeans should engage in massive training programmes involving doctors, fire brigades, police forces, intelligence professionals and soldiers. If terrorists target ordinary citizens, then these ordinary citizens must learn to fight back.

“Sorrow and anger are natural reactions. They are justified. But they are not enough. We have to fight back. We, the people, must become the first line of defence.”

After the November 2015 Paris attacks, some called for training of citizens to react properly in cases of terror attacks, including learning the necessary first aid skills.

But we should all be training for much more than that. The quick reaction of American soldiers during the August 2015 Thalys train attack showed the importance of individuals’ actions – and we must all become these individuals.

Onlookers at the Bataclan, the bloodiest scene of the Paris attacks, recalled the fear at seeing people hopelessly trying to flee. Citizens must be taught about first aid but also how to react: whether to run, hide or fight. For some it may even be about learning combat, but ultimately we should learn how to anticipate, notice and react.

We need to learn awareness in crowds, and how to master a panic reaction. This is not about learning to be suspicious, but rather learning to control an uncontrollable situation. If we are ‘familiar’ with a potential situation – however gruesome – we will feel more confident about our ability to react in an appropriate way, whether it is providing basic life-saving care, stopping an attacker, or facilitating emergency services’ access to the scene of an attack.

We must learn to know our neighbours and get more involved in our communities. We must learn to recognise the signs of impending radicalisation of individuals, by engaging with them directly, whether at school, at the supermarket or at the newsagent’s. We must build trust locally instead of shutting ourselves off in like-minded groups.

“We must learn the skills to counter attacks and recover from them quickly. For if we are not afraid, the terrorists lose”

We need to build individual strength and resilience to collectively build societal resilience. We must not become vigilantes, but we cannot rely on security forces only. We must learn to be more than sitting ducks.

Terrorists attack our freedom of movement and our way of life. A total crackdown and taking away civil liberties is not the answer, nor is building a ‘fortress Europe’. We must instead learn the skills to counter attacks and recover from them quickly. This, much more than surveillance or more police or armed forces on the street, will cut the ground from beneath the terrorists’ feet. For if we are not afraid, they lose.

The identities of the Berlin attack victims are unknown. And the cycle of indignation – however justified – has only just begun. We’ve barely finished grieving for Aleppo, fearing the worst following the murder of the Russian ambassador’s in Istanbul, or agreeing in near-global unison that 2016 is a year we’re happy to see the back of.

But 2017 heralds more upheaval, more fear and more uncertainty.

We, the people, the individual citizens, carry the answer. It’s time to make security an individual as well as a collective concern.

IMAGE CREDIT: CC / FLICKR – Andreas Trojak

The post We, the people, must become the first line of defence appeared first on Europe’s World.

The Council has agreed its negotiating stance on strengthened EU rules to prevent money laundering and terrorist financing.

On 20 December 2016, the Permanent Representatives Committee, on behalf of the Council, asked the incoming presidency to start talks with the European Parliament.

The draft directive pursues two main objectives:

• preventing the financial system being used for the funding of criminal activities;
• strengthening transparency rules to prevent the large-scale concealment of funds.

It is aimed at closing down the financial means of criminals without creating unnecessary obstacles to the functioning of payment systems and financial markets. The text amends directive 2015/849, adopted in May 2015.

Following a spate of terrorist attacks in Europe, it seeks to balance the need for increased security with the need to protect fundamental rights and economic freedoms.

The proposal is part of a Commission action plan against terrorist financing, on which the Council adopted conclusions on 12 February 2016. It also responds to the April 2016 Panama Papers revelations.

Amendments

The main changes to directive 2015/849 involve:

• addressing risks linked to prepaid cards and virtual currencies. The threshold for identifying the holders of prepaid cards is lowered from €250 to €150 and customer verification requirements are extended. Virtual currency exchange platforms and custodian wallet providers will have to apply customer due diligence controls, ending the anonymity associated with such exchanges;
• improving cooperation between the member states' financial intelligence units. FIUs will have access to information in centralised bank and payment account registers, enabling them to identify account holders;
• improved checks on risky third countries. The Commission has established and regularly updates (by delegated acts) a harmonised list of non-EU countries with deficiencies in their anti-money laundering prevention regimes. Additional due diligence measures will be required for financial flows from these countries. The list mirrors that established at international level by the Financial Action Task Force;
• enhanced access to beneficial ownership registers, so as to improve transparency about the ownership of companies and trusts. The registers will also be interconnected to facilitate cooperation between member states. Public access is foreseen on the basis of a legitimate interest for all types of companies and trusts, which is an improvement on the current rules as concerns trusts that do not have a business purpose.

Implementation

The directive requires a qualified majority for adoption by the Council, in agreement with the European Parliament. (Legal basis: articles 50 and 114 of the Treaty on the Functioning of the European Union.)

The member states will have 12 months to transpose the directive into their national laws and regulations. They will however have longer periods (24 or 36 months) in which to implement the various provisions on the beneficial ownership registers.

On 20 December 2016, the Permanent Representatives Committee approved, on behalf of the Council, an agreement with the European Parliament on prospectuses for the issuing and offering of securities. 

"This regulation will help companies gain access to European capital markets by reducing some of the administrative formalities", said Peter Kažimír, Slovak minister for finance and president of the Council. "Our aim is to reinforce the role of market-based finance, alongside bank finance, in the European economy." 

The draft regulation is aimed at lowering one of the main regulatory hurdles that companies face when issuing equity and debt securities. Replacing directive 2003/71/EC, it is intended to simplify administrative obligations related to the publication of prospectuses in a manner that still ensures that investors are well informed. 

The proposal is a key element of the EU's plan to develop a fully functioning capital markets union by the end of 2019. It will also help improve thebusiness environment in line with the EU's  'investment plan for Europe'.

Prospectuses present information about a company that enables investors to decide whether to purchase securities issued or offered by that company. Their publication is required by law when securities are offered to the public or admitted to trading. However SMEs can be deterred from issuing or offering securities because of the paperwork and costs involved in issuing a prospectus. 

Issues resolved 

Under the agreement reached with the European Parliament: 

• no prospectus will be required for capital raisings and crowdfunding projects up to €1 million;
• the threshold beyond which a prospectus is mandatory is increased from €5 million to €8 million in capital raised. Below that threshold, issuers can raise capital in accordance with rules set for local growth markets;
• the EU growth prospectus, a new type of prospectus, will be available for SMEs, non-SMEs (small mid-caps) admitted to an SME growth market or small issuances by unlisted companies with up to 499 employees;
• a new corporate bond prospectus, previously only for debt issued in denominations of at least €100 000, will be available for admission to wholesale debt markets;
• a frequent issuer regime will be available for frequent participants in capital markets, reducing approval times from 10 days to five;
• for secondary issuances, issuers already admitted to stock markets and SME growth markets will benefit from a lighter prospectus for follow-up issuances;
• prospectus summaries will be shorter and the language used clearer;
• paper prospectuses will no longer be required, unless a potential investor requests one;
• a European online prospectus database will be operated free of charge by the European Securities and Markets Authority. 

Next steps

Provisional agreement with the Parliament was reached on 7 December 2016. The Parliament is now expected to approve the regulation at first reading. The text will then be submitted to the Council for adoption.

An investigation is taking place on the safety of the third reactor of the Olkiluoto Nuclear Power Plant in Eurajoki, Western Finland.

That follows the unraveling of the Areva SA scandal extending across Europe and perhaps beyond. An international investigation uncovered that certain parts manufactured by the maker of nuclear reactors have less steel than the company has claimed. Test results of components were then forged to cover up the fraud.

The Prosecutor's Office in Paris has opened ...

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Racially motivated attacks against Muslims and Africans in Poland are on the rise.

As reported by Deutsche Welle (DW), Germany’s international broadcaster, three students from Turkey and Bulgaria were cursed at by young men on a tram earlier this month in Bydgoszcz, a city of nearly a half-million people in northern Poland. They were told to get out of country because Poland is for Poles.

Also, foreign exchange students in Torun, a student city also in Poland’s north, have come under increasing threat. A young Turk was recently cursed at and badly beaten. Two other students were forced to their knees in a bar and forced to “apologise” for being Muslim and not Christian.

“I am shocked by the lynch atmosphere of this incident,” said Ewa Walusiak-Bednarek, a spokeswoman for the University in Torun. “We have had exchange students for 10 years and this has never happened. Now it’s happened twice this year.”

The university has a tradition of pairing exchange students with their Polish peers, who are known as guardian angels, to “help students from abroad get used to everyday life and understand the country better,” Walusiak-Bednarek said.

“The number of Polish guardian angels has increased from 30 to 110 since these attacks. Nearly all of our 130 foreign exchange students are able to have their own.”

According to DW, Anna Tatar, who keeps track of racist attacks around Poland in her “brown book” for the foundation, which is called “Never Again.” She recorded 400 cases in 2009-2010 and 600 two years later. The count rose to 850 in 2013, according to Police statistics, and it doubled by 2015.

“We have observed a further rise since summer 2015, higher than the official numbers suggest,” she told DW. The racially charged atmosphere stems from the refugee debate during the parliamentary election campaign in fall 2015, she said. Poland has not taken in any refugees, but the numbers entering Europe overall has incensed many Poles, causing it to become a major campaign issue.

“The media have painted the refugees with one, broad brush,” Tatar said.

According to Polish government officials have been noticeably quiet following racially motivated attacks. At times, it plays down the racial motivations that may be behind them. A right-wing demonstration in Bialystok last April called to “hang Jews”. The public prosecutor concluded the incident was repugnant, but not racist.

 

The post Racism on the rise in Poland appeared first on New Europe.

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