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Europaudvalget 2007-08 (2. samling)
Det Europæiske Råd 13-14/12-07 Bilag 2
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COUNCIL OF

THE EUROPEAN UNION

Brussels, 3 December 2007

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POLGEN 126

NOTE

from :

to :

Subject

Presidency

Coreper

European Council (14 December 2007)

– Draft conclusions

The Presidency hereby submits to Coreper draft conclusions to be agreed by the European Council

at its meeting on 14 December 2007.

The text will continue to be updated in the light of the work underway, in particular the outcome of

the TTE, JHA, ECOFIN and EPSCO Councils.

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The meeting of the European Council was preceded by an exposé by the President of the

European Parliament, Mr Hans-Gert Pöttering, followed by an exchange of views.

The European Council welcomes the agreement reached at the IGC on 18 October 2007 and

the subsequent signing of the Treaty of Lisbon on 13 December, as well as the proclamation

of the Charter of Fundamental Rights on 12 December 2007. It calls for a swift completion of

national ratification processes with a view to allowing entry into force of the Treaty on

1 January 2009.

The European Council will take stock of progress on necessary preparatory work so as to

ensure the full functioning of the Treaty as soon as it enters into force.

The Lisbon Treaty provides the Union with a stable institutional framework for the

foreseeable future. The Union will be able to fully concentrate on addressing the concrete

challenges ahead, including globalisation and climate change, as clearly underlined at the

19 October 2007 informal meeting of Heads of State or Government in Lisbon on the basis of

the Commission's Communication "The European Interest: Succeeding in the age of

globalisation". In this context the European Council adopts a Declaration on Globalisation

(see

annex I).

p.m. Reflection Group

p.m. Enlargement

FREEDOM, SECURITY AND JUSTICE

The European Council welcomes the enlargement of the Schengen area and the

abolition of

controls at the borders

of the Member States participating in the SISone4ALL project, as

from 21 December 2007 for land and sea borders, and by 30 March 2008 for air borders, thus

extending the effective free movement of persons.

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Further developing a

comprehensive European migration policy

complementing Member

States' policies remains a fundamental priority in order to meet the challenges and harness the

opportunities which migration represents for the Union in a new era of globalisation.

Cooperation with third countries remains vital for the purpose of well-managed migration

flows and fight against illegal immigration. The European Council [p.m.

reference to

Commission Interim report]

welcomes the progress being made in the implementation of the

Global Approach to Migration

with regard to Africa and the Mediterranean, in particular

the EU missions to African and the Mediterranean countries as well as the progress on the

application of this Global Approach to the Eastern and South-Eastern neighbouring regions.

[It endorses the Council's conclusions of 6/7 December 2007 on mobility partnerships and

circular migration and welcomes in that connection the decision to open dialogue with a view

to launching pilot mobility partnerships with Cape Verde and Moldova. The Commission is

invited to report back on progress no later than June 2008.] The recent Euro-Med Ministerial

meeting on Migration contributed to further development of practical cooperation with the

Mediterranean partners in all areas of migration. [The European Council welcomes the

adoption by the 2

Africa/EU Summit of a Joint Strategy which identifies migration as an

area of mutual interest and for which both sides will seek common solutions; the Action Plan

to the Joint Strategy contains a partnership on migration, mobility and employment with a

number of concrete measures to be taken in the next three years.] The European Council

endorses the Council conclusions of 19 November 2007 on coherence between migration and

development policies and calls for further work in this field.

There is a close link between migration, employment and the Lisbon Strategy for Growth and

Jobs. [The European Council endorses the Council conclusions of 4 December 2007, which

acknowledge that migration can have a significant impact on growth potential and

employment growth, labour markets, adjustment capacity, productivity, competitiveness and

public finances.] [Language to be introduced following the JHA-EPSSCO Joint Session

Council to take place on 6 December 2007] Labour migration shall fully respect the

Community acquis and the principle of Community preference for EU citizens.

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The European Council invites the Council to take work forward on the recent Commission

proposals on the admission of third country nationals for the purpose of highly qualified

employment and on a single application procedure and a common set of rights for legally

residing third country workers.

10.

Combating illegal immigration requires concerted and effective measures directed to

undeclared work and illegal employment, in particular through the effective enforcement of

dissuasive sanctions. The Council and the European Parliament are invited to reach agreement

by the end of 2008 at the latest on the proposals on sanctions against employers of illegally

staying third country nationals. Work should also be taken forward following the

Commission's communication on undeclared work.

Also in the context of combating illegal migration, the European Council underlines the need

for a renewed political commitment and requests work to be taken forward on further

strengthening of the integrated management of the external borders, especially as concerns the

continued enhancement of the capacities of Frontex. [p.m.

other measures in light of

Commission Communication]

11.

The European Council also welcomes the progress made on the proposal for a Directive on

common standards and procedures in Member States for returning illegally staying

third-country nationals. It underlines the need for agreement on common standards in the area

of return policy and encourages the Council and European Parliament to continue their efforts

to find a basis for a swift agreement on the proposal.

12.

The European Council underlines the need for progress on the future Common European

Asylum System. To this end, the European Council invites the Commission to evaluate the

implementation of the first phase and to present the necessary initiatives.

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13.

Integration is a pivotal element of the comprehensive European migration policy. The

European Council calls for better coordination between migration and integration policies. In

the context of the 2008 year of intercultural dialogue the European Council calls on the

Commission and the Member States to stress the opportunities, benefits and challenges of

migration in a pluralistic Europe.

14.

The strengthening of

police and judicial cooperation

remains a priority. The functioning of

Eurojust and Europol must be improved; for the latter, this requires the Council to reach

agreement on the decision establishing Europol by the end of June 2008 at the latest and to

review regularly the state of play regarding the Implementation Plan. The European Council

also welcomes the general approach for a Council Framework Decision on the protection of

personal data processed in the framework of police and judicial cooperation.

15.

Recent foiled terrorist attempts in Europe and numerous terrorist attacks elsewhere in the

world reinforce the need for the Union and its Member States to remain fully committed to

the implementation of the Counter-Terrorism Strategy in all its aspects.

16.

The European Council welcomes important work recently undertaken in many areas of the

Strategy such as on the security of explosives and weapons, on cooperation between special

intervention units (ATLAS), [on aviation security], on the protection of critical infrastructure,

on countering biological, radiological and on other non-conventional threats and the

development of the Union's crisis coordination arrangements. The European Council

welcomes the appointment by the SG/HR of Gilles de Kerchove as Counter-Terrorism

Coordinator. It takes note of the suggestions made by the Counter-Terrorism Coordinator with

a view to further strengthening the implementation of Counter Terrorism Strategy and calls

for work to be taken forward rapidly on them.

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17.

The European Council welcomes work recently undertaken under the European Union

Strategy for Combating Radicalisation and Recruitment to Terrorism notably as regards

radicalization of youth and the role of the internet. It calls for its further strengthening in

particular through EU sectoral programmes and instruments both within the Union and in

cooperation with third countries. To the effect, it notes the Commission's intention to submit a

communication on best practices on countering violent radicalisation in the course of 2008.

The European Council welcomes the adoption of the Decision establishing a Community

Civil Protection Mechanism (Recast) and invites the Council and the Commission to make the

best use of this instrument, along with the Civil protection Financial Instrument, with a view

to be ready to cope with major emergencies in the future.

18.

The European Council reaffirms the need to enhance access to justice in the European Union

via simplified and more efficient and accessible procedures, welcomes the achievements in

the area of E-justice and calls for the continuation of work.

19.

The European Council welcomes the political agreement on the Directive on some aspects of

mediation on civil and commercial matters which will allow citizens and business to have

access to an alternative dispute resolution mechanism enabling them to solve their cross

border disputes in and effective way [and on the Regulation on the law applicable to

contractual obligations (Rome I)], which are important elements of the European Justice Area.

20.

The Council is invited to find solutions on the Regulation on jurisdiction and applicable law

in matrimonial matters (Rome III). It is also invited to reach agreement on the EC Regulation

on maintenance obligations taking into account the recent agreement on the Hague

Convention on the International Recovery of Child Support and other forms of Family

Maintenance. The European Council welcomes the signing of the new Lugano Convention on

jurisdiction and the recognition and enforcement of judgments in civil and commercial

matters and calls for its swift ratification.

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21.

Recalling the Council conclusions of 8/9 November 2007 on combating cybercrime the

European Council emphasises that further steps towards adopting a coherent EU policy in this

respect are required.

22.

The European Council welcomes the ongoing work within the Council and the Commission

regarding protection of children.

ECONOMIC, SOCIAL AND ENVIRONMENTAL ISSUES

23.

The European Council welcomes the presentation of the Commission's Strategic Report

assessing the implementation of the renewed

Lisbon Strategy for Jobs and Growth

and

making proposals for the next three-year cycle, including a new set of Integrated Guidelines,

country-specific recommendations and a new Community Lisbon programme. The European

Council calls for work to be taken forward speedily in order to launch the next cycle at its

meeting at Spring 2008. It is of key importance to maintain the momentum and, at the same

time, step up reform efforts in areas where progress has been limited. The European Council

underlines the role of the new Community Lisbon Programme for the partnership approach.

This Programme must add value at Community level to improve the coherence of reforms and

maximise positive spill over effects.

The Lisbon Strategy is delivering. The four priority areas of reform identified by the

European Council in Spring 2006 continue to be valid: knowledge and innovation, business

environment, employment and energy and climate change. Thus, whilst the challenges have

been evolving, the Integrated Guidelines do not need a fundamental overhaul. The

preliminary analysis carried out by various formations of the Council, as well as by the other

European institutions, have already identified the need for stronger action regarding the

European Research Area, innovation mechanisms, SMEs, the Single Market, public

administration modernization, education and skills, flexicurity, social inclusion, energy,

sustainability and quality of public finances.

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The role of the regional level to deliver growth and jobs should also be increased, notably by

using the new programmes of the cohesion policy. The full use of the Lisbon toolbox should

be deepened by strengthening the existing horizontal coordination, developing tailor-made

communication and involving all relevant stakeholders.

24.

Promoting the knowledge triangle (education-research-innovation) is central for the Europe of

the future and for the development of knowledge-based economies. The European Council

accordingly welcomes the setting-up of the European Institute of Technology and of the first

Joint Technology Initiatives, as innovative public-private partnerships in strategic areas.

Human resources for science and technology in Europe need to be increased and the

attractiveness of Europe for highly qualified scientists boosted: the European Council

therefore endorses the objectives agreed by the Council in November 2007 on the future of

science and technology in Europe, as well as on the modernization of the universities.

Recalling the broad-based innovation strategy adopted in 2006, the European Council stresses

the relevance of the Commission's initiatives relating to public procurement and innovation in

services and invites it to complement them with the remaining expected initiatives. Delivering

lifelong learning

to all citizens is, alongside its social dimension, of particular importance for

more and better jobs. Accordingly, Member States and the Commission should give priority

to the implementation of the Education and Training work programme as well as the "New

Skills for New Jobs" initiative and the European Qualifications Framework.

25.

The European Council welcomes the integrated decision of the Council on the financing,

governance, and procurement policy for the European satellite navigation programmes

EGNOS and Galileo. This key project for the EU will deliver by 2013 a global satellite

navigation infrastructure, creating improved economic efficiencies, highly qualified jobs, and

new opportunities for advanced services and applications throughout the EU.

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26.

The European Council endorses the European

Agenda for Culture

which constitutes an

important step towards increasing coherence and visibility of the EU's action in this field,

while maximising the potential of cultural and creative industries especially as far as SMEs

are concerned, therefore contributing to the aims of the Lisbon Agenda.

27.

European competitiveness should be built upon the advantages of the Single Market and

fostered by a sustainable industrial policy, combined with innovation and skills, while

developing its external dimension in order to achieve a level playing field. The

Single

Market

has been an undisputed success and has provided a solid foundation for growth and

prosperity within the Union. Yet more can be done to untap the full potential of an enlarged

Union,

inter alia,

by laying greater emphasis on consumers and SMEs. In order to promote

European competitiveness in a globalised world, the Single Market also needs to become

more outward looking. The European Council accordingly welcomes the recent presentation

by the Commission of the Single Market Review, accompanied by a Communication on

Services of general interest including social services of general interest, and invites the

Council to examine the initiatives set out in the Review so as to enable it to reach conclusions

for priorities for further action at its Spring 2008 meeting.

28.

The European Council stresses the crucial role that

tourism

plays in generating growth and

jobs in the EU and calls on the Commission, Member States, industry and other stakeholders

to join forces in the timely implementation of the recently adopted Agenda for a sustainable

and competitive European tourism.

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29.

The framework conditions for

business,

in particular

SMEs,

must continue to be improved.

The European Council welcomes the Commission's intention to present a "Small Business

Act" for Europe in 2008 with the aim to unlock the full potencial of SMEs' .As regards the

Better Regulation

agenda, the European Council welcomes progress made towards the joint

reduction target of 25% of administrative burdens by 2012 stemming from EU legislation and

its transposition into national law, and urges those Members States who have not yet done so,

to set national targets of comparable ambition by 2008, taking into account the different

starting points and traditions and particular importance of this exercise for SMEs. The

modernisation of

public administration

is key to improve efficiency and effectiveness of

public finances. Reforms in this area should therefore undergo regular analysis and exchange

of best practices in particular in the context of the Lisbon National Reform Programmes. In

this context, the potencial of e-Government initiatives should be explored, in accordance with

the four policy actions set out on the Ministerial Declaration (Lisbon, September 2007).

30.

The European Council, in face of the recent developments in the

financial markets,

emphasises that macroeconomic fundamentals in the EU are strong and that sustained

economic growth is expected. Continued monitoring of financial markets and the economy is

crucial, as uncertainties remain. The European Council endorses the work programme

adopted by the Council on 9 October 2007 aimed at improving transparency for investors,

markets and regulators, improving valuation standards, improving the prudential framework,

risk management and supervision in the financial sector as well as reviewing the functioning

of markets, including the role of credit agencies. The European Council welcomes the

significant steps recently adopted regarding the enhancement of EU arrangements for

financial stability.

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31.

In the

employment and social policy area,

[the European Council endorses the agreement on

the common principles on flexicurity reached in the Council on 5/6 December 2007 and

invites Member States to take these principles into good account when implementing national

flexicurity-orientated policies.] The European Council welcomes the joint analysis of the

European social partners on the labour markets and underlines their important role in the

design, implementation and monitoring of flexicurity policies. It also welcomes the ongoing

consultations on the social reality stocktaking as highlighted by the single market review,

which pave the way for a renewed and modern Social Agenda for Europe. The life-cycle

approach to work should be developed by fostering active ageing and the modernization of

pension systems, to ensure financial, economic and social sustainability by making the Youth

Pact and the Gender Pact more operational, as well as by implementing the European Alliance

for Families. Active

inclusion

policies should combine integration in the labour markets,

adequate income support and quality, accessible and effective social services. The European

Council also reaffirms its commitment with the decent work agenda as a global instrument to

promote employment, better labour standards and foster development. The European Council

welcomes the results of the

European Year of Equal Opportunities for All

and invites

Member States to strengthen efforts to prevent and combat discrimination inside and outside

the labour market.

32.

With respect to

energy and climate change,

the European Council reiterates the importance

of implementing all aspects of the comprehensive 2007-2009 Action Plan endorsed last

Spring with a view to taking forward the

Energy Policy for Europe.

It accordingly:

–

welcomes the Commission's communication "A Strategic Energy Technology Plan"

(SET-Plan); the Council should work towards providing a framework that facilitates the

speed up of technological change including strategic planning, more effective

implementation, increase in resources and a reinforced approach to international

cooperation regarding innovation in low carbon technologies;

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–

notes the progress achieved in the discussions on the 3rd internal market package for

gas and electricity to be pursued swiftly with a view to timely agreement in the course

of 2008;

–

as far as renewable energy and climate change-related instruments are concerned, looks

forward to the Commission's second set of legislative proposals, due on

23 January 2008.

33.

[The

Bali Conference of the Parties to the UN Framework Convention on Climate

Change

must respond to the urgent need for global action as identified in the Fourth

Assessment Report of the Intergovernmental Panel on Climate Change and agree to launch

negotiations leading to a global, comprehensive and effective post-2012 agreement by 2009.

In this connection the European Council recalls the Council conclusions of 30 October 2007

which set out in detail the objectives and elements which the Union is convinced should form

part of the future agreement and which should guide the negotiating process.]

The European Council also recalls the Council Conclusions of 19-20 November on Global

Climate Change Alliance between the EU and Development Countries which will provide a

platform for dialogue and cooperation in the areas of adaptation to climate change and

promoting disaster risk reduction and integrating climate change into poverty reduction efforts

in the most vulnerable countries.

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34.

Sustainable development

is a fundamental objective of the European Union. The European

Council welcomes the Commission's first progress report on the renewed EU Sustainable

Development Strategy (SDS). It agrees that the objectives and priorities under the seven key

challenges contained in that strategy remain fully valid and that the main focus should

therefore be on effective implementation at all levels. The renewed EU Strategy and national

strategies for sustainable development also need to be linked up more closely. The

governance structure and tools of the SDS in particular in relation to monitoring of progress

and best practice sharing, must be fully used and strengthened. The EU's integrated climate

and energy policy and an integrated approach to the sustainable management of natural

resources, the protection of biodiversity and ecosystem services and sustainable production

and consumption are key to achieving objectives under both the SDS and the Lisbon strategy.

The EU must continue to work to move towards more sustainable transport and

environmentally-friendly transport modes. The Commission is invited to present a roadmap

together with its next Progress Report setting out the remaining actions to be implemented

with highest priority until the next comprehensive review of the SDS is launched in 2011.

35.

The European Council welcomes the Council Conclusions on

water scarcity and drought

and invites the Commission to present a report in 2008 and pursue the work on the evolving

EU strategy by 2012. It also acknowledges the need to reinforce the link between Business

and Biodiversity at European level, welcoming the EU Business and Biodiversity Initiative

and the commitment from the Commission to provide technical support.

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36.

The European Council welcomes the Commission Communication on an

integrated

maritime policy

for the European Union and the proposed Action Plan which sets out the

first concrete steps in developing an integrated approach to maritime affairs. The broad

participation in the preceding public consultation and the comprehensive debate at the Lisbon

Ministerial Conference reflected the interest which stakeholders show for the development of

such a policy. The future integrated maritime policy should ensure synergies and coherence

between sectoral policies and fully respect the principle of subsidiarity. Furthermore it should

be developed as a tool to address the challenges facing Europe's sustainable development and

competitiveness. It should take particularly account of the different specificities of Member

States and specific maritime regions which should call for increased cooperation, including

islands, archipelagos and outermost regions as well as of the international dimension. The

European Council welcomes the conclusion of the Marine Strategy Framework Directive as

the environmental pillar of this policy. The European Council invites the Commission to

come forward with the initiatives and proposals contained in the Action Plan and calls on the

future Presidencies to work on the establishment of an integrated maritime policy for the

Union. The Commission is invited to report on progress achieved to the European Council at

the end of 2009.

37.

The European Council welcomes the 4th Cohesion Report and stresses the importance of the

debate on the future of this fundamental policy, started in the Cohesion Forum, in September,

and pursued in the informal ministerial meeting on Regional Policy, in November.

38.

The European Council welcomes the Commission report on the 2004 Strategy for the

Outermost Regions

stating its positive results and presenting the future prospects for

Community actions in those regions. The European Council looks forward to the conclusions

of the public consultation launched and invites the Commission to present the relevant

proposals at the latest in October 2008.

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EXTERNAL RELATIONS

39.

The European Council stresses the importance of deepening the relations between the

European Union and its strategic partners in an increasingly globalised World. The Summits

held this semester with Brazil, Russia, Ukraine, China, India, ASEAN and Africa contributed

to reinforce the EU's relations with these partners and to strengthen common ground in facing

global challenges.

40.

The summit held in July with

Brazil

launched a strategic partnership, aiming at upgrading the

bilateral relationship and enhancing the political dialogue on global and regional issues as

well as cooperation on a wide range of areas of common interest.

p.m. EU-Africa Summit / outcome and follow-up

p.m. Western Balkans/Kosovo

41.

The European Council reaffirms that the

European Neighbourhood Policy

(ENP) is a core

priority within the EU's external action. The European Council, recalling its conclusions of

June 2007 and keeping in mind the character of the ENP as a single and coherent policy

framework, welcomes the progress achieved in further developing ENP. It welcomes the

Commission's Communication of [5 December 2007] as well as the results of the ENP

Conference on 3

September 2007.The European Council invites the upcoming Presidency to

take this work forward.

42.

The European Council emphasises the strategic relevance of the relationship of the EU with

the

Mediterranean countries

and welcomes the progresses in developing the political and

security dialogue, in the creation of an area of shared prosperity and in the implementation of

the social, cultural and human partnership in accordance with the conclusions of the

ministerial meetings of foreign affairs as well as in other important fields such as migration.

The European Council welcomes Albania and Mauritania into the Barcelona Process.

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The European Council welcomes the Council Conclusions of October on Libya, which

constitute a turning point on the development of a new stage in the relationship of the EU with

this Mediterranean country.

43.

The European Council supports the progress achieved at the first meeting of the

Transatlantic Economic Council

on 9 November 2007 and looks forward to further tangible

steps in the run-up to the next EU-US Summit.

44.

The European Council welcomes the debate held and the conclusions adopted at the

November GAERC on a EU response to situations of fragility, which highlight the

importance of democratic governance, rule of law, respect of human rights and fundamental

freedoms and fight against poverty, having in mind the need for preventing and addressing

situations of fragility and develop instruments to ensure quicker and flexible response in order

to progress in the achievement of MDG of most vulnerable countries.

45.

The European Council calls on the Commission to produce a report on progress towards the

Millennium Development Goals

and on what the EU can do to accelerate it.

46.

The European Council warmly welcomes the adoption of an EU Consensus on Humanitarian

Aid, which will be signed on 18 December by the Council, the Commission and the European

Parliament and shall be subsequently developed through a roadmap for action. This EU

Consensus on Humanitarian Aid will guide the EU humanitarian aid policy on the basis of the

principles of impartiality, neutrality, humanity and independence.

p.m. Iran

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