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Glossary of Institutions, policies and enlargement of the European Union
(Starting with "P")



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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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