Glossary of Institutions, policies and enlargement of the European Union
(Starting with "P")
©
European Communities, 1995-2007
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Parliamentary
committees
As in the national Parliaments, various
committees have been set up within the European Parliament
to prepare the proceedings of the full House. The
core legislative work of Parliament is done in these
committees. The members of each committee are elected
from among the Members of Parliament at the beginning
of and half-way through each parliamentary term, according
to their political affiliation and their expertise.
The European Parliament's Rules of
Procedure specify that the Members of Parliament set
the number of committees and determine their powers.
For the sixth parliamentary term (2004-2009), it was
decided to increase the number of specialised standing
committees from 17 to 20, dealing with different areas
of activity (internal market, agriculture, employment,
industry, culture, constitutional and legal affairs
etc.).
Parliament can also set up sub-committees,
temporary committees and committees of inquiry if
it considers it necessary. Committees of inquiry look
into possible infringements of Community law or cases
of maladministration in its implementation. For example,
a committee of inquiry was set up in 1997 to investigate
the delay in the European response to the "mad cow"
crisis. Temporary committees are set up for a period
of 12 months, but can be renewed indefinitely. Their
remit need not be restricted to the implementation
of Community law.
The main function of the standing
committees is to debate proposals for new legislation
put forward by the European Commission and to draw
up own-initiative reports. For any proposal for legislation
or other initiative, a rapporteur is nominated by
agreement between the political groups that make up
Parliament. His or her report is discussed, amended
and voted on within the parliamentary committee and
then placed before the plenary assembly, which meets
once a month in Strasbourg, and which debates and
votes on the basis of this report.
As preparation for Parliament's vote
of approval of the European Commission, the parliamentary
committees also conduct hearings of the Commissioners-designate
in their specialised areas.
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Petersberg
tasks
The "Petersberg tasks" are an integral
part of the European security and defence policy (ESDP).
They were explicitly included in the Treaty on European
Union (Article 17) and cover:
- humanitarian and rescue tasks;
- peace-keeping tasks;
- tasks of combat forces in crisis
management, including peacemaking.
These tasks were set out in the Petersberg
Declaration adopted at the Ministerial Council of
the Western European Union (WEU) in June 1992.
On that occasion, the WEU Member States
declared their readiness to make available to the
WEU, but also to NATO and the European Union, military
units from the whole spectrum of their conventional
armed forces.
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Petitions
The right of petition is the right
of any citizen of the Union, and any natural or legal
person residing or having its registered office in
a Member State, to submit a request or complaint to
the European Parliament on a matter which comes within
the Community's fields of activity and which affects
him, her or it directly (Articles 21 and 194 of the
Treaty establishing the European Community).
The Parliament's Committee on Petitions
considers whether such requests are admissible. Where
it sees fit, it may refer a question to the Ombudsman.
When drawing up an opinion on a petition deemed to
be admissible, it may ask the European Commission
for documents or information. It can also send the
petition to other parliamentary committees for information
purposes in order for them to take action. In certain
exceptional cases, the Committee on Petitions can
submit a report to the Parliament for adoption in
plenary session or to conduct a fact-finding mission.
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Pillars
of the European Union
The concept of "pillars" is generally
used in connection with the Treaty on European Union.
Three pillars form the basic structure of the European
Union, namely:
- the Community pillar, corresponding
to the three Communities: the European Community,
the European Atomic Energy Community (Euratom) and
the former European Coal and Steel Community (ECSC)
(first pillar);
- the pillar devoted to the common
foreign and security policy, which comes under Title
V of the EU Treaty (second pillar);
- the pillar devoted to police and
judicial cooperation in criminal matters, which
comes under Title VI of the EU Treaty (third pillar).
The Treaty of Amsterdam transferred
some of the fields covered by the third pillar to
the first pillar (free movement of persons).
The three pillars function on the
basis of different decision-making procedures: the
Community procedure for the first pillar, and the
intergovernmental procedure for the other two. In
the case of the first pillar, only the Commission
can submit proposals to the Council and Parliament,
and a qualified majority is sufficient for a Council
act to be adopted. In the case of the second and third
pillars, this right of initiative is shared between
the Commission and the Member States, and unanimity
in the Council is generally necessary.
The European Constitution, which is
currently being ratified, provides for a complete
recasting of this system. The three pillars are to
be merged, although specific procedures will be retained
for the common foreign and security policy (CFSP),
including defence policy.
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Police
and judicial cooperation in criminal matters
Within the area of freedom, security
and justice, the aim of police and judicial cooperation
in criminal matters is to ensure a high level of safety
for EU citizens by promoting and strengthening speedy
and efficient cooperation between police and judicial
authorities (Article 29 of the Treaty on European
Union). Police and judicial cooperation is dealt with
in Title VI of the EU Treaty (third pillar) and its
aim is to prevent and combat racism and xenophobia
and also organised crime, in particular terrorism,
trafficking in human beings, crimes against children,
drug trafficking, arms trafficking, corruption and
fraud.
Police and judicial cooperation in
criminal matters takes the form of:
- cooperation between national police
forces;
- cooperation between national customs
services;
- cooperation between national judicial
authorities.
It is implemented mainly via agencies
set up by the European Union under the third pillar
(Eurojust, Europol and the European Judicial Network).
Cooperation under Title VI also involves
the approximation of rules on criminal matters in
the Member States and the development of mechanisms
for the mutual recognition of judicial decisions in
criminal matters.
In addition, such cooperation is conducted
by intergovernmental arrangements, the powers of the
European Commission, the European Parliament and the
Court of Justice of the European Communities being
limited in favour of the Council of the European Union
and the Member States.
Initially, Title VI of the EU Treaty,
introduced by the Maastricht Treaty, contained provisions
establishing cooperation on justice and home affairs.
The Treaty of Amsterdam, however, reduced the number
of matters covered by Title VI by transferring a number
of them to the Treaty establishing the European Community
(first pillar), specifically to Title IV: "Visas,
asylum, immigration and other policies related to
free movement of persons". The provisions on police
and judicial cooperation in criminal matters remain
in Title VI of the Treaty on European Union. Title
IV of the EC Treaty and Title VI of the EU Treaty
thus together form the legal basis for an area of
freedom, security and justice.
The European Constitution, which is
in the process of ratification, specifies the area
of police and judicial cooperation in criminal matters.
It also abolishes the third pillar by grouping the
current provisions of the EC and EU Treaties on justice
and home affairs into a single chapter.
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Political
and Security Committee (PSC)
The Political and Security Committee
(PSC, or COPS, as it is also known by its French acronym)
is the permanent body in the field of common foreign
and security policy mentioned in Article 25 of the
Treaty on European Union.
It is made up of the political directors
of the Member States' foreign ministries. Its remit
is:
- to monitor the international situation
in the areas covered by the common foreign and security
policy (CFSP);
- to contribute to the definition
of policies;
- to monitor implementation of the
Council's decisions.
Under the responsibility of the Council,
the Committee exercises political control and strategic
direction of crisis management operations. It may
thus be authorised by the Council to take decisions
on the practical management of a crisis. It is assisted
by a Politico-Military Group, a Committee for Civilian
Aspects of Crisis Management, and the Military Committee
(MC) and Military Staff (MS).
Following the entry into force of
the Treaty of Amsterdam, establishment of the Committee
was agreed in principle at the Helsinki European Council
in December 1999. The Committee was originally temporary
but became a standing body after the Nice European
Council in December 2000.
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Pre-accession
assistance
Pre-accession assistance helps the
countries that are candidates for membership of the
European Union to satisfy the accession conditions
(the Copenhagen criteria). Considerable investment
is required if the candidate countries are to bring
their institutions and standards in line with the
Community acquis and to be able to meet their obligations
as Member States.
Pre-accession assistance to the candidate
countries is a key factor in the Union's pre-accession
strategy and is determined by the accession partnerships.
For the period 2007 – 2013,
the Instrument for Pre-accession Assistance (IPA)
will be the sole funding vehicle, replacing the pre-accession
instruments from the period 2000 – 2006 (Phare,
Sapard for structural measures in agriculture, Ispa
for infrastructure development in the fields of the
environment and transport, the special pre-accession
instrument for Turkey), as well as the CARDS programme
for the Western Balkan countries.
The IPA is made up of five components:
support for transition and institution-building, cross-border
cooperation, regional development, human resources
development and rural development. The first three
components concern the candidate countries and the
potential candidate countries. However, the last three
components concern the candidate countries only, with
the aim of preparing them for adopting and implementing
the cohesion policy and managing the Structural Funds.
The European Investment Bank (EIB)
and the International Financial Institutions (IFIs)
also provide cofunding for the candidate countries.
Once they join the Union, the new
Member States, which are no longer entitled to pre-accession
assistance, receive temporary financial assistance,
the Transitional Facility, provided for by the treaty
of accession.
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Pre-accession
strategy
The pre-accession strategy offers
a "structured dialogue" between the candidate countries
and the EU institutions throughout the accession process,
providing all the parties with a framework and the
necessary instruments. It is laid down for each candidate
country individually.
The pre-accession strategy follows
on from the European Council of Luxembourg (December
1997) during which a reinforced pre-accession strategy
for the ten Central and Eastern European candidate
countries was launched. It is essentially based on:
- the bilateral agreements;
- the accession partnerships and
the national programmes for the adoption of the
acquis;
- participation in Community programmes,
agencies and committees;
- political dialogue;
- the evaluation of the Commission
("monitoring");
- pre-accession assistance;
- cofinancing by international financial
institutions (IFI).
In addition to these main instruments,
the pre-accession strategy may include others for
individual candidates, depending on their particular
circumstances.
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Precautionary
Principle
The concept of the precautionary principle
was first set out in a Commission communication adopted
in February 2000 on recourse to the precautionary
principle, in which it defined this concept and envisaged
how it would be applied.
This text complements the White Paper
on Food Safety (January 2000) and the agreement concluded
in February 2000 in Montreal on the Cartagena Protocol
on Biosafety.
In this document, the Commission sets
out the specific cases where this principle is applicable:
- where the scientific data are insufficient,
inconclusive or uncertain;
- where a preliminary scientific
evaluation shows that potentially dangerous effects
for the environment and human, animal or plant health
can reasonably be feared.
In both cases, the risks are incompatible
with the high level of protection sought by the European
Union.
The Communication also sets out the
three rules which need to be followed for the precautionary
principle to be observed:
- a complete scientific evaluation
carried out by an independent authority in order
to determine the degree of scientific uncertainty;
- an assessment of the potential
risks and the consequences of inaction;
- the participation, under conditions
of maximum transparency, of all the interested parties
in the study of possible measures.
The Commission would also like to
point out that the measures resulting from recourse
to the precautionary principle may take the form of
a decision to act or not to act, depending on the
level of risk considered "acceptable". The Union had
applied this precautionary principle in the area of
genetically modified organisms (GMOs), for instance,
with the adoption of a moratorium on their commercialisation
between 1999 and 2004.
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Presidency
of the Council of the European Union
The Presidency of the Council of the
European Union is organised on the basis of a half-yearly
rotation system, under which each Member State holds
the Presidency for a period of six months. The order
of rotation is fixed by the Council of the European
Union, acting unanimously.
Holding the Presidency is every Member
State's duty, and a contribution towards the smooth
operation of the Community institutions. The responsibilities
of the Presidency are:
- to chair the meetings of Coreper
and other Council working parties and committees;
- to organise and manage the Council's
business in line with its rules of procedure;
- to represent the Union in connection
with the CFSP (with the assistance of the High Representative
for the Common Foreign and Security Policy.
The European Constitution, which is
currently being ratified, changes the current system
by making a distinction between the Presidency of
the Council of the Union and the Presidency of the
European Council. It suggests that the European Council
should be given its own Presidency through the creation
a permanent post of President of the European Council,
to be elected by the European Council for a term of
two and a half years, renewable once.
In the case of the Presidency of the
Council of the Union, the Constitution introduces
a new system of "equal rotation". The provisions to
this effect are set out not in the text of the Constitution
but in a draft decision which will be adopted when
the Constitution enters into force. Under this draft,
the Presidency of the various configurations of the
Council, apart from the Foreign Affairs Council (chaired
by the Union Minister for Foreign Affairs), will be
held by a team of three Member States for a period
of 18 months. Each of them will chair Council meetings
for a six-month period with the assistance of the
other two, on the basis of a common programme.
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President
of the European Commission
Article 214(2) of the Treaty establishing
the European Community provides that the Council,
meeting in the composition of Heads of State or Government
and acting by a qualified majority, shall nominate
the person it intends to appoint as President of the
Commission and that the nomination shall be approved
by the European Parliament. This procedure was laid
down by the Treaty of Nice, whereas the Treaty of
Amsterdam provided for the governments of the Member
States to nominate that person by common accord, with
the approval of Parliament.
The governments then designate the
persons they intend to appoint as Members of the Commission,
in agreement with the new President.
The President of the Commission has
considerable powers under Article 217 of the EC Treaty
to ensure that the College of Commissioners, after
its enlargement following the accession of new Member
States, acts consistently and efficiently.
He thus lays down the broad policy
lines to be followed by the Commission in its work.
He decides on the allocation of responsibilities among
the Commissioners and any reshuffling of portfolios
during the Commission's term of office.
He also, after approval by the College,
appoints the Vice-Presidents, the number of which
is not specified in the Treaty. He may further, after
obtaining the approval of the College, require a Member
of the Commission to resign.
The European Constitution now being
ratified does not make any changes to the way in which
the President is appointed. However, when the European
Council proposes a candidate for the Presidency to
the European Parliament, it must take account of the
results of the European elections.
The President of the 2004-09 Commission
is the former Portuguese Prime Minister José
Manuel Durão Barroso, who succeeded Romano
Prodi as head of the European executive.
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Programme
of Community aid to the countries of Central and Eastern
Europe (Phare)
PHARE is the main vehicle for pre-accession
assistance to EU candidate countries. The main aim
of this programme is to support the candidate countries
in the process of adopting and implementing the acquis
and to prepare them for managing the Structural Funds.
With this in mind, it focuses on two priorities:
- institution building;
- investment financing.
Launched in 1989 to support the reconstruction
of the economies of Poland and Hungary, the PHARE
programme was gradually extended to include all countries
of Central and Eastern Europe. Since 1994, PHARE's
tasks have been adapted according to the priorities
and needs of each candidate country.
For the period 2000-2006, the PHARE
programme has a budget of more than EUR 10 billion
(approximately EUR 1.56 billion per year). Two further
programmes were introduced in 2000: ISPA for transport
and the environment, and SAPARD for agriculture.
For the period 2007-2013, the instrument
for pre-accession assistance (IPA) is the only financial
instrument for EU candidate countries and replaces
all existing forms of pre-accession assistance, including
the PHARE programme.
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Proportionality
principle
Like the principle of subsidiarity,
the principle of proportionality regulates the exercise
of powers by the European Union, seeking to set within
specified bounds the action taken by the institutions
of the Union. Under this rule, the institutions' involvement
must be limited to what is necessary to achieve the
objectives of the Treaties. In other words, the extent
of the action must be in keeping with the aim pursued.
This means that when various forms
of intervention are available to the Union, it must,
where the effect is the same, opt for the approach
which leaves the greatest freedom to the Member States
and individuals.
The principle of proportionality is
clearly laid down in primary law under Article 5,
third paragraph, of the Treaty establishing the European
Community (TEC). A Protocol on the application of
the principles of subsidiarity and proportionality,
annexed to the TEC by the Treaty of Amsterdam, sets
out the criteria for applying both these principles.
The principle of proportionality is
incorporated into Article I-11.4 of the Constitution,
currently undergoing ratification.
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Public
health
Under Article 152 of the Treaty establishing
the European Community, action in the field of public
health is aimed at preventing illness and diseases,
including drug addiction, by promoting research into
their causes and their transmission, combined with
health information and education. In particular, all
Community policies and activities must be devised
and implemented in a way that ensures a high level
of human health protection.
While Community action may complement
the measures taken by Member States, the objectives
set out in Article 152 are achieved mainly by encouraging
cooperation between the Member States, in accordance
with the principle of subsidiarity.
The Community's public health goals
are pursued through the action programme covering
the period 2003-08, focusing on information, the ability
to respond to health threats, the promotion of health
and the prevention of disease.
Introduced by the Treaty of Maastricht,
Community action in the field of public health was
reinforced by the Treaty of Amsterdam. The European
Constitution, currently being ratified, identifies
public health as one of the areas in which the European
Union may carry out supporting, coordinating or complementary
action.
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Public
procurement
Public procurement contracts cover
supplies, services and works purchased by the public
sector.
Those over a certain value are subject
to Community rules and procedures.
This legislation ensures fair treatment
for businesses and openness in the handling of invitations
to tender. It is to be seen in the context of greater
competition and the freedom to provide services within
the European common market.
Certain contracts remain a matter
purely for the Member States, irrespective of their
value, when they affect specific state interests.
This particularly applies to defence contracts.
In 2004, the Council and the European
Parliament enacted a new package of legislation which
simplifies and modernises the procedures for awarding
public-sector contracts. This package consists of
two directives, one covering public works, supply
and services contracts and the other public contracts
in the water, energy, transport and postal sectors.
Two more directives govern the appeals
procedures concerning the award of public works and
supply contracts and the procedures for award of contracts
by operators in the water, energy, transport and telecommunications
sectors.
The Community legislation requires
contracts over certain thresholds to be advertised
in the Official Journal. The public procurement information
system (SIMAP) provides the public procurement industry
with information on European and international business
opportunities.
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Public
service
The concept of public service is a
twofold one: it embraces both bodies providing services
and the general-interest services they provide. Public-service
obligations may be imposed by the public authorities
on the body providing a service (airlines, road or
rail carriers, energy producers and so on), either
nationally or regionally. Incidentally, the concept
of the public service and the concept of the public
sector (including the civil service) are often, wrongly,
confused; they differ in terms of function, status,
ownership and "clientele".
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Public
service charter
The idea behind a public service charter
is that there should be an instrument setting out
the basic rights and principles governing the provision
of services to users. Such principles would include:
- continuity of service;
- quality;
- security of supply;
- equal access;
- affordable prices;
- social, cultural and environmental
acceptability.
Article 16 of the EC Treaty, introduced
by the Treaty of Amsterdam, confirms the role of public
services in the European Union. The EU policy on operators
of public services is still shaped by the desire to
liberalise network public services and to widen the
scope of competition on national markets, be this
in the areas of rail transport, postal services, energy
or telecommunications.
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