PDF to HTML - Convert PDF files to HTML files

Europaudvalget 2009-10
Rådsmøde 2980 - Beskæftigelse m.v.
Offentligt

COU CIL OF

THE EUROPEA U IO

16611/2/09 REV 2 (en) (Presse 348)

PRESS RELEASE

2980th Council meeting

Employment, Social Policy, Health and Consumer Affairs

Brussels, 30 November - 1 December 2009

President

Mr Sven Otto LITTORI

Minister for Employment

Ms yamko SABU I

Minister for Integration and Equal Opportunities

Ms Maria LARSSO

Minister for Elderly Care and Public Health

Mr Göran HÄGGLU D

Minister for Health and Social Affairs

PRESS

Rue de la Loi 175

B – 1048 BRUSSELS

T el.: +32 ( 0)2 281 5394 / 6319

Fa x: +32 (0)2 281 8026

[email protected] http://www.consilium.europa.eu/Newsroom

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Main results of the Council

The Council held two public policy debates. The first debate focused on

how to recover from the

crisis and prepare for the post-2010 Lisbon Strategy.

Within this context, ministers adopted

conclusions on

promoting labour market inclusion - recovering from the crisis and preparing for

the post-2010 Lisbon Strategy.

The second debate focused on

gender equality: strengthening

growth and employment.

Ministers also adopted conclusions on this topic.

Furthermore, the Council adopted conclusions on

•

healthy and dignified ageing,

and on

•

the

follow-up of the implementation of the Beijing Platform of Action -

"Beijing 15+": a review of progress.

The Council reached political agreement on

•

a draft directive giving legal effect to a

revised framework agreement on parental

leave

concluded by the social partners at European level, notably extending workers'

right to parental leave from three to four months for each parent,

•

a decision authorising member states to ratify the

work in fishing convention

of the

International Labour Organisation and

•

a draft directive on the principle of

equal treatment between men and women engaged

in an activity in a self-employed capacity.

Ministers adopted conclusions on

•

innovative incentives for effective antibiotics,

•

safe and efficient healthcare through eHealth

and

•

alcohol and health.

Ministers held an exchange of views on

pandemic A(H1N1)

as an update and follow-up to the

Council meeting of 12 October 2009, on the basis of information from the Presidency.

Without debate, the Council adopted a recommendation calling on the member states to take legal

action to

protect

their

citizens from exposure to tobacco smoke.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

CO TE TS

PARTICIPA TS........................................................................................................................... 5

ITEMS DEBATED

Employment and social policy......................................................................................................... 7

Recovering from the crisis and preparing for the post-2010 Lisbon strategy .................................... 7

Revised framework agreement on parental leave ............................................................................. 9

Healthy and dignified ageing......................................................................................................... 10

Work in Fishing Convention ......................................................................................................... 10

Gender equality: Strengthening growth and employment............................................................... 11

Beijing Platform of Action - "Beijing 15+" ................................................................................... 11

Social protection of self-employed workers and assisting spouses ................................................. 12

Equal treatment irrespective of religion, disability, age or sexual orientation................................. 13

Health ........................................................................................................................................... 13

Patients' rights in cross-border healthcare ...................................................................................... 13

Innovative incentives for effective antibiotics................................................................................ 14

Safe and efficient healthcare through eHealth................................................................................ 15

Pharmaceuticals package............................................................................................................... 16

Alcohol and Health ....................................................................................................................... 17

Pandemic A(H1N1)....................................................................................................................... 17

Other business............................................................................................................................... 19

Employment and social policy items ............................................................................................. 19

Health items.................................................................................................................................. 20

Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated

in the heading for the item concerned and the text is placed between quotation marks.

Documents for which references are given in the text are available on the Council's Internet site

(http://www.consilium.europa.eu).

Acts adopted with statements for the Council minutes which may be released to the public are indicated by

an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press

Office.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

OTHER ITEMS APPROVED

HEALTH

–

Council acts against tobacco smoke exposure...................................................................................................22

Temporary derogations for blood donors - committee procedure.......................................................................22

AGRICULTURE

–

Corrections to the "Health check" of the Common Agricultural Policy (CAP)*.................................................23

Codification of legislative acts in the field of agriculture ..................................................................................23

FISHERIES

–

Pacific Ocean - Protection of migratory fish stocks ..........................................................................................24

Guide prices for the 2010 fishing year*............................................................................................................24

TRADE POLICY

–

Codification of exceptional trade measures ......................................................................................................25

Anti-dumping regulation - Codified version .....................................................................................................25

ENERGY

–

International partnership for energy efficiency cooperation...............................................................................25

ENVIRONMENT

–

Protection of the marine environment of the North-East Atlantic ......................................................................26

Carbon leakage: list of sectors..........................................................................................................................26

Access to spatial data - committee procedure ...................................................................................................27

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

PARTICIPA TS

The governments of the member states and the European Commission were represented as follows:

Belgium:

Ms Laurette ONKELINX

Ms Joëlle MILQUET

Mr Jean-Marc DELIZEE

Bulgaria:

Mr Totyu MLADENOV

Mr Bozhidar NANEV

Czech Republic:

Mr Petr ŠIMERKA

Ms Dana JURÁSKOVÁ

Mr Michael KOCÁB

Denmark:

Mr Jakob Axel NIELSEN

Ms Inger STØJBERG

Germany:

Mr Philipp RÖSLER

Estonia:

Mr Hanno PEVKUR

Ireland:

Ms Mary HARNEY

Mr Dara CALLEARY

Deputy prime minister and minister for Social Affairs and

Public Health

Deputy prime minister and minister for Employment and

Equal Opportunities, responsible for Policy on Migration

and Asylum

Secretary of state for Combating Poverty

Minister for Labour and Social Policy

Minister for Health

Minister for Labour and Social Affairs

Minister for Health

Minister for Human Rights

Minister for Health and Prevention

Minister for Employment and Minister for Equal

Opportunities

Federal minister for Health

Minister for Social Affairs

Minister for Health and Children

Minister of State at the Department of Enterprise, Trade

and Employment with special responsibility for Labour

Affairs

Minister for Employment and Social Security

Minister for Health and Social Solidarity

Minister for Labour and Immigration

Minister for Equality

Deputy President and minister for Employment and Social

Welfare of the Autonomous Community of Cantabria

Minister for Health and Social Policies

Minister for Health of the Autonomous Foral Community

of Cantabria

Minister for Health and Sport

Deputy minister for Labour, Health and Social Policy

Minister for Labour and Social Insurance

Minister for Health

Minister for Welfare

Deputy minister for Health

Deputy minister for Social Security and Labour

Greece:

Mr Andreas LOVERDOS

Ms Mariliza XENOGIANNAKOPOULOU

Spain:

Mr Celestino CORBACHO CHAVES

Ms Bibiana AÍDO ALMAGRO

Ms Dolores GOROSTIAGA

Ms Trinidad JIMENEZ GARCIA-HERRERA

Ms Maria KURTZ

France:

Ms Roselyne BACHELOT-NARQUIN

Italy:

Mr Ferruccio FAZIO

Cyprus:

Ms Sotiroulla CHARALAMBOUS

Latvia:

Ms Baiba ROZENTĀLE

Mr Uldis AUGULIS

Lithuania:

Ms Nora RIBOKIEN

Ms Audron MORKŪNIEN

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Luxembourg:

Mr Mars DI BARTOLOMEO

Mr Nicolas SCHMIT

Ms Françoise HETTO-GAASCH

Hungary:

Mr Tamás SZÉKELY

Mr László HERCZOG

Malta:

Mr John DALLI

etherlands:

Mr Piet Hein DONNER

Austria:

Mr Alois STÖGER

Mr Rudolf HUNDSTORFER

Poland:

Ms Ewa KOPACZ

Mr Radosław MLECZKO

Portugal:

Ms Helena ANDRÉ

Ms Ana JORGE

Romania:

Mr Adrian STREINU CERCEL

Mr Silviu BIAN

Slovenia:

Mr Borut MIKLAVČIČ

Mr Ivan SVETLIK

Slovakia:

Mr Daniel KLAĆKO

Finland:

Ms Liisa HYSSÄLÄ

Ms Paula RISIKKO

Ms Anni SINNEMÄKI

Sweden:

Ms Maria LARSSON

Mr Goran HÄGGLUND

Mr Sven Otto LITTORIN

Ms Nyamko SABUNI

United Kingdom:

Ms Harriet HARMAN

Ms Angela EAGLE

Ms Gillian MERRON

Minister for Health and Social Security

Minister with responsibility for Foreign Affairs and

Immigration

Minister for Small and Medium-Sized Businesses and

Tourism, minister for Equal Opportunities

Minister for Health

Minister for Social Affairs and Labour

Minister for Social Policy

Minister for Social Affairs and Employment

Federal minister for Health

Federal minister for Labour, Social Affairs and

Consumer Protection

Minister for Health

Deputy State Secretary, Ministry of Labour and

Social Policy

Minister for Labour and Social Protection

Minister for Health

Secretary of State

Secretary of State at the ministry of Labour, Social

Solidarity and Family

Minister for Health

Minister for Labour, the Family and Social Affairs

Secretary of state, ministry of Health

Minister for Social Affairs and Health

Minister for Health and Social Services

Minister for Labour

Minister for the Elderly and Public Health

Minister for Social Affairs

Minister for Employment

Minister for Integration and Equal Opportunities

Leader of the House of Commons and Lord Privy Seal,

Minister for Women and Equality

Parliamentary secretary to the Treasury

Parliamentary Under Secretary of state, Foreign and

Commonwealth Office

Commission:

Mr Vladimir ŠPIDLA

Ms Androulla VASSILIOU

Mr Günter VERHEUGEN

Member

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

ITEMS DEBATED

Employment and social policy

Recovering from the crisis and preparing for the post-2010 Lisbon strategy

The ministers held a public policy debate

on this item, replying to two questions put by the

Presidency:

– which are the necessary measures to be implemented to enable the EU to exit the current

recession both with structurally stronger labour markets and well-prepared for the EU's long term

objectives?

– which elements of labour markets and social security policies are conducive to creating more

inclusive labour markets, in order to ensure an increased labour supply in the long run?

Ministers in general agreed that, given the prospect of continuing deterioration of labour markets,

an active employment policy with short-term measures must be maintained. This include measures

such as short-time working arrangements, the improvement of employability through training and

measures aimed at including in the labour market people who are in danger of being permanently

excluded. A strong focus should be put on people who are particularly hard-hit by the crisis, notably

the elderly, young people, workers with fixed-term contracts and people with disabilities. With

regard to the long term, ministers called for a continuation of structural reforms. More specifically,

many ministers pleaded for a reform of the social security systems in order to cope with the

population trend, to ensure financial sustainability and to create incentives for taking up a job.

These measures should be complemented by an improved offer of childcare and care for the elderly,

thus creating the conditions for accepting a new job, to be coordinated with measures under the EU

structural funds. Ministers also made it clear that the errors that had been made during previous

crises, such as premature retirement from the labour market, should be avoided. Furthermore, the

Council in charge of Employment, Social Policy, Health and Consumer Affairs stressed the need for

closer cooperation with other Council configurations, including the configuration in charge of

Economic and Financial Affairs.

Public events of the Council can be followed by video streaming at:

http://www.consilium.europa.eu/videostreaming

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

With regard to the Post-2010 Lisbon Strategy, ministers agreed that the creation of jobs should

remain at its heart. Many ministers also wisehd to strengthen the social dimension of the strategy

and to include further challenges such as the demographic evolution, climate change, gender

equality and increased competition due to globalisation. Several ministers stressed the importance

of involving the social partners in the discussion of the future strategy.

The outcome of the policy debate will contribute to the preparation of the December European

Council conclusions.

During the debate, the Council adopted conclusions entitled "Promoting labour market inclusion -

recovering from the crisis and preparing for the post-2010 Lisbon Strategy" emphasising that

measures to support the economy and employment should be maintained until sustainable recovery

is secured, while exit strategies are in place which lead to more and better jobs. These conclusions

are based on the high-level conference on labour market inclusion held in Stockholm on 26 and 27

October and are set out in (16214/09).

The ministers also endorsed an opinion from the Employment Committee on the European

Employment Strategy within the post-2010 Lisbon Agenda (15529/09) and another from the Social

Protection Committee on the post-2010 Lisbon Strategy (15850/09), supporting calls for a stronger

social dimension in the post-2010 Lisbon Agenda.

The Council took note of:

•

the Commission background paper: "The Employment Crisis: Trends, Policy Responses and Key

Actions" (15995/09);

•

the second joint report of the Social Protection Committee and the Commission on the social

impact of the crisis (16169/09);

•

the analytical paper of the Employment Committee: "Bringing more people into labour markets"

(15530/09);

•

the policy conclusions of the Employment Committee: "The 2009 Cambridge Review of the

National Reform Programme - Policy Conclusions" (16215/09).

This and other documents mentioned in this press release can be found in the public register

of the Council by typing in the corresponding number

http://www.consilium.europa.eu/showPage.aspx?id=549&lang=en

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Revised framework agreement on parental leave

The ministers reached political agreement on a draft directive implementing the revised framework

agreement on parental leave concluded by the social partners at European level (15994/09). This

agreement lays down minimum requirements for parental leave designed to contribute to better

reconciliation of professional and family life and to promote gender equality on the labour market.

The new directive, to be applied by early 2012, in particular extends workers' right to parental leave

from three to four months for each parent. At least one month of this leave cannot be transferred

from one parent to another. This is to encourage fathers to take on more family responsibilities.

Other new elements compared to the previous agreement of 1995 include the clarification that

fixed-term, part-time and temporary agency workers are also covered. A qualification period may

be required but it must not exceed one year. Parents returning from parental leave will have the

right to request flexible working arrangements and employers must consider and respond to these

requests.

In accordance with the EU treaty, social partners may jointly request that agreements concluded by

them at EU level on a number of matters be implemented by a Council decision. The recent

agreement on parental leave was concluded in June 2009 between four European cross-industry

social partners: BUSINESSEUROPE (Confederation of European Business), UEAPME (European

Association of Craft, Small and Medium-sized Enterprises), CEEP (European Centre of Employers

and Enterprises providing Public Services) and ETUC (European Trade Union Confederation). It

replaces their previous agreement of December 1995 implemented by Council directive 96/34,

which will be repealed by the new directive.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Healthy and dignified ageing

The Council adopted conclusions on healthy and dignified ageing, highlighting the importance of

improved cooperation between the member states to enhance dignity in elderly care in the EU. The

conclusions are set out in (14996/09).

By adopting the conclusions, the Council invited the member states to make the issue of healthy and

dignified ageing one of their priorities for the coming years and to shift their focus towards

preventive measures in order to reduce the burden of chronic diseases, frailty and disability.

Healthier ageing would also allow the costs of care to be reduced and could partially offset the

financial impact of demography in the health and social sectors. The Commission will be invited to

consider coming forward with an action plan for further activities in 2011 to promote dignity, health

and quality of life for older persons.

Work in Fishing Convention

The Council reached political agreement on a decision authorising member states to ratify the Work

in Fishing Convention of the International Labour Organisation (ILO) in matters within the

exclusive competence of the EU (15960/09

+ ADD 1 + ADD 2).

The Work in Fishing Convention ("Convention 188"), which was adopted in June 2007 at the

International Labour Conference in Geneva, is aimed at improving the working conditions of fishers

on board fishing vessels. It establishes, in particular, minimum international standards for the

fishing sector, such as the conditions of service, the right of repatriation, rules on accommodation

and food, occupational health and safety, medical care and social security.

Legal basis: Article 42 (measures in the field of social security) in conjunction with the second

sentence of the first subparagraph of article 300(2) and the first subparagraph of article 300(3)

(conclusion of agreements with international organisations); unanimity required for a Council

decision; consultation procedure: the European Parliament adopted its resolution in January 2009.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Gender equality: Strengthening growth and employment

The Council adopted conclusions on "Gender equality: strengthening growth and employment"

(15488/09), following a public policy debate based on the question: "What actions are required to

strengthen gender equality in the post-2010 Lisbon Strategy and to ensure that policy responses to

the recession promote gender equality?"

During the debate, ministers agreed that gender mainstreaming and gender-specific issues should be

prominently reflected in the post-2010 Lisbon Strategy and in future employment and social

policies, as they considered gender equality to be in line with the objectives of growth and jobs.

They affirmed the importance of gender equality for social cohesion and economic prosperity and -

against the background of demographic ageing - as a prerequisite for competitiveness and the

financing of the member states' social systems. Ministers warned against using the current

economic crisis as a pretext for neglecting gender equality. Even in a time of crisis, ministers

stressed, gender equality was also an opportunity. By facilitating women's access to the labour

force, entrepreneurship and self-employment, including by means of appropriate training, the EU

could make the most of its human capital. Ministers also called for increased efforts to close the

current gender pay gap and to increase the number of women in decision-making positions. Gender

stereotypes should be combated; the recruitment of people should be based on skills and

qualifications, not on a person's sex. Ministers stressed the importance of improving the

reconciliation of work and family life, for example by improving the care services for children and

dependants, and of encouraging more equal sharing of family responsibilities.

Beijing Platform of Action - "Beijing 15+"

The Council adopted conclusions on the follow-up of the implementation by the member states and

the EU institutions of the Beijing Platform of Action - "Beijing 15+": A Review of Progress. The

conclusions can be found in (15992/09).

The Beijing Platform is a United Nations agenda for women's empowerment, established fifteen

years ago at the Fourth World Conference on Women held in Beijing. In March 2010, the United

Nations Commission on the Status of Women will undertake the fifteen-year review of the

implementation of the Beijing Platform.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Social protection of self-employed workers and assisting spouses

The Council reached political agreement on a draft directive aiming at improving the social

protection of self-employed workers and of "assisting spouses" (16902/09 + 16902/09 ADD 1).

The proposal aims to improve the social protection of self-employed workers, with a view to

removing disincentives to female entrepreneurship. It also seeks to improve the social protection of

"assisting spouses", who often work in the self-employed sector without enjoying the corresponding

rights.

The new directive includes the following key elements:

– self-employed women, assisting spouses and life partners of self-employed workers such as

farmers' wives are granted a maternity allowance enabling them to interrupt their occupational

activity for at least 14 weeks;

– assisting spouses and life partners of self-employed workers such as farmers' wives receive

autonomous social protection rights; under the current rules in the case of most member states,

these persons were covered by the social protection scheme of their self-employed spouse;

– compared to the Commission's proposal, the Council extended the scope of the directive to life

partners recognised by national law.

The draft directive concerning assisting spouses forms part of the Commission's work-life balance

package.

Legal basis proposed: Article 141(3) of the Treaty (on equal treatment between women and men);

qualified majority required for a Council decision; co-decision procedure: the European Parliament

adopted its first reading opinion on 6 May 2009 (8840/09).

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Equal treatment irrespective of religion, disability, age or sexual orientation

On the basis of a progress report (15575/09), the Presidency briefed the Council on the state of play

in the discussions on the draft directive on implementing the principle of equal treatment between

persons irrespective of religion or belief, disability, age or sexual orientation.

The Commission's proposal seeks to extend the protection against discrimination on the grounds of

religion or belief, disability, age or sexual orientation to areas outside the labour market, including

social protection, social advantages, education and access to goods and services.

Under the Swedish Presidency, the preparatory bodies of the Council have advanced the discussion

to some extent by improving the clarity of the disability provisions, the scope and the respective

competences of the EU and its member states. However, further extensive work still needs to be

done on numerous issues in order to guarantee legal certainty and to ensure that all newly

introduced obligations and their possible cost implications are fully understood. This concerns in

particular the accessibility of buildings and infrastructure. In order to meet concerns expressed, the

Swedish Presidency has suggested a nuanced implementation timetable under which existing

infrastructure and buildings would be given longer than new ones.

Legal basis proposed: Article 13 of the Treaty (on measures against discrimination); unanimity

required for a Council decision; consultation procedure: the European Parliament adopted its

opinion on 2 April 2009.

Health

Patients' rights in cross-border healthcare

Despite substantial progress, the Council did not reach political agreement on a draft directive

concerning the application of patients' rights in cross-border healthcare.

The discussions at the Council meeting focused mainly on the reimbursement of costs with regard

to non-contractual healthcare providers. In the search for a compromise, the intention was to fully

respect the case law of the European Court of Justice while preserving the member states' rights to

organise their health care system. The incoming Spanish Presidency undertook to continue the work

and try to reach an agreement.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

The Commission submitted this legislative initiative as part of the social agenda package of

2 July 2008, focusing on a triple objective: to guarantee that all patients have care that is safe and of

good quality, to support patients in the exercise of their rights to cross-border healthcare; and to

promote cooperation between health systems. The aim of the second objective is in particular to

codify the case law of the Court of Justice relating to the reimbursement of cross-border healthcare.

Legal basis proposed: Article 95 of the Treaty (on the internal market); qualified majority required

for a Council decision; co-decision procedure with the European Parliament's first reading opinion

voted on 23 April 2009 (8903/09). The Council is expected to agree to change the legal basis for

Articles 13 and 15 of the directive to Article 152 of the Treaty.

Innovative incentives for effective antibiotics

The Council adopted conclusions on innovative incentives for effective antibiotics during a public

debate on the same subject, see

16006/09.

Recognising that the spread of antibiotic resistance is a major threat to public health security

worldwide, the conclusions recall the possible consequences which a lack of effective antibiotics

could have. In fact, without access to effective antibiotics, common infectious diseases may again

become lethal threats and many medical and therapeutic procedures, such as cancer treatments and

transplantations, will carry high risks.

The conclusions include calls on the member states and the Commission to adopt measures to

diminish the development and spread of antibiotic resistance and to create incentives for the

research and development of new effective antibiotics. In particular, the Commission is asked to

develop a comprehensive action plan with concrete proposals concerning incentives to develop new

effective antibiotics within 24 months.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Safe and efficient healthcare through eHealth

The Council adopted conclusions on safe and efficient healthcare through eHealth (16008/09)

during a public debate on this issue.

The conclusions aim essentially to:

– recognise the need for further political leadership and to integrate eHealth into health policy;

– invite the member states to improve eHealth services and develop their use;

– invite the member states and the Commission to empower a high-level mechanism of governance

at EU level which would coordinate eHealth activities.

eHealth is considered to be no longer merely a technical tool in the hands of the healthcare

operators, but a political instrument to develop health policy.

eHealth can be understood as the use of information and communication technologies for health

purposes, such as for the treatment of patients, research, education, the tracking of diseases and the

monitoring of public health. eHealth includes different services:

– electronic health records (which enable easy communication of patient data between doctors or

pharmacies);

– telemedecine (in situations where the health professional and the patient are not in the same

location; this includes for example teleradiology and telepathology);

– consumer health informatics (both healthy individuals and patients would be given information

on medical topics);

– virtual healthcare teams (healthcare professionals who collaborate and share information on

patients through digital equipment);

– mHealth (includes the use of mobile devices).

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Pharmaceuticals package

On the basis of progress reports, the Presidency informed the Council of the state of play in the

negotiations on two parts of the "pharmaceutical package": preventing falsified medicines from

entering into the legal supply chain of medicinal products and the strengthening and rationalising of

the current pharmacovigilance system (16055/09).

Under the Swedish Presidency, the preparatory bodies of the Council pursued their work with high

priority on these two parts of the package.

Concerning the draft directive on preventing the entry into the legal supply chain of falsified

medicinal products, the working group reached tentative agreement on a number of technical

aspects, including the definition of "falsified medicinal products" and the relationship between the

new provisions and EU rules on intellectual property rights. Other elements of the proposal still

need further discussion, notably with regard to the strengthening of controls of non active

substances used in pharmaceuticals (excipients) and the proposed safety features aiming to render

falsification more difficult.

Concerning the proposals for a regulation and a directive on strengthening the EU system for the

safety monitoring of medicinal products ("pharmacovigilance"), the working group tentatively

agreed notably on strengthening the role of the Pharmacovigilance Risk Assessment Committee and

its composition. A number of issues still require further examination, such as the recording and

reporting of adverse reactions and the proposed list of medicinal products for human use under

intensive monitoring.

With regard to the third part of the "pharmaceutical package", the proposals for a regulation and a

directive concerning information for the general public on medicinal products, the Presidency

recalled the strong concerns of many member states. The Commission made it clear that it is

prepared to show flexibility in order to find a common basis for the future negotiations.

Legal basis proposed: all five proposals are based on Article 95 of the Treaty (on the internal

market); qualified majority required for a Council decision; co-decision procedure with the vote of

the European Parliament's committee in charge of environment, public health and food safety

expected for early April 2010.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Alcohol and Health

The Council adopted conclusions entitled "Alcohol and Health" (16010/09), during a public debate

on this subject.

The conclusions are designed to recall the commitment the member states and the Commission have

made within the EU alcohol strategy adopted in 2006 and to invite them to increase their efforts to

reduce alcohol-related harm. Member states and the Commission are for example encouraged to

engage actors in the alcohol beverage chain to work proactively in enforcing regulatory measures so

that their products are produced, distributed and marketed in a responsible manner. The protection

of unborn children, children, adolescents and young people is one of the main concerns of the

conclusions.

Pandemic A(H1 1)

The Council held an exchange of views on recent developments in the EU and its neighbouring

countries on the current situation of the A/H1N1 influenza outbreak.

In general, ministers shared the view that the coordinated approach taken so far with regard to the

Pandemic A(H1N1) has proved highly successful. They called, however, for further efforts to act

against widespread disinformation and to strengthen the coherence of communication policy.

Ministers particularly underlined the importance of vaccination. Authorised vaccines were safe and

effective, as they had no unexpected side effects so far and they offered protection even against

mutated viruses.

Ministers broadly welcomed the Commission's suggestion that a virtual stockpile of vaccines and

antiviral products be created, in order to be prepared for emergencies in member states or third

countries. They asked the Commission to clarify the practical and legal aspects of such a virtual

stockpile.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Ministers supported the idea of sharing the surplus vaccines with each other, subject to legal

clarification. They called for a reinforced global cooperation through the World Health

Organisation (WHO) and the United Nations. Furthermore, ministers asked for work on

multisectoral issues to be stepped up. They also wanted preparedness to address similar threats in

the future to be strengthened.

The discussion was based on the Council conclusions adopted on 12 October 2009 (14311/09) and

structured around the following two questions:

– what have we learnt so far from Pandemic (H1N1) 2009 with regard to the issues of availability

of vaccines, vaccination strategy, the regulatory process, information and communication to the

public, global cooperation and multi-sectoral issues?

–

hat are the challenges for the future and how can we best work together to meet these

challenges?

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Other business

Employment and social policy items

(a)

Meeting of the Ministerial Working Group on "The EU economic and employment

policies coordination: The future post-2010 Lisbon Strategy" Libilice, 19 and

20 October 2009

–

(b)

Information from the Czech delegation

Information on events organised during the Swedish Presidency

(a)

Conference on "Healthy and Dignified Ageing" Stockholm, 15 and

16 September 2009

Second Meeting of the European Platform for Roma Inclusion: "Improving

the quality of education for Roma", Brussels, 28 September 2009

Conference on "What does Gender Equality mean for Economic Growth

and Employment?", Stockholm, 15 and 16 October 2009

8th Round Table on Poverty and Social Exclusion "Social Inclusion in

Times of Recession", Stockholm, 15 and 16 October 2009

Conference on "Inclusive Labour Markets", Stockholm, 26 and 27 October

2009

Conference on "Violence against Women", Stockholm, 9 November 2009

Conference celebrating the 20th Anniversary of the Convention on the

Rights of the Child", Stockholm, 20 November 2009

Third Equality Summit: "Cooperation for Equality!", Stockholm,

16-17 November 2009

Euromed Ministerial Conference "Strengthening women's role in society",

Marrakesh, 11 and 12 November 2009

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

(c)

Work programme of the incoming Presidency

–

Health items

(d)

Proposal for a directive of the European Parliament and of the Council on standards

of quality and safety of human organs intended for transplantation

–

Information from the Presidency

16521/08, 16042/09

(e)

Commission Communication "Action Against Cancer: European Partnership"

–

(f)

Information from the Presidency and the Commission

11516/09, 16043/09

Information from the Spanish delegation.

Commission Communication "Combating HIV/AIDS

in the European Union and

neighbouring countries, 2009 -2013"

–

Information from the Commission

15204/09, 16045/09

(g)

Commission Communication "Solidarity in health: Reducing health inequalities

in the EU"

–

Information from the Commission

14848/09, 16047/09

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

(h)

Information on the Presidency's Conferences

–

Information from the Presidency

16048/09

(i)

Work programme of the incoming Presidency

–

Information from the Spanish delegation

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

OTHER ITEMS APPROVED

HEALTH

Council acts against tobacco smoke exposure

The Council today adopted a recommendation calling on the member states to take legal action to

protect their citizens from exposure to tobacco smoke in indoor workplaces, indoor public places,

public transport and, if appropriate, other public places by 2012 (15937/09). For further details, see

press release 16777/09.

Temporary derogations for blood donors - committee procedure

The Council decided not to oppose a Commission's decision allowing temporary derogations from

certain eligibility criteria for blood and blood components donors in the context of a risk of shortage

caused by the Influenza A(H1N1) pandemic.

Under the regulatory procedure with scrutiny, the Council can oppose an act which exceeds the

implementing powers of the Commission, is not compatible with the aim or content of the basic

instrument or does not respect subsidiarity or proportionality even if the regulatory committee

previously supported the measures envisaged.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

AGRICULTURE

Corrections to the "Health check" of the Common Agricultural Policy (CAP)*

The Council adopted a regulation (13826/09

13815/09)

clarifying certain aspects of the CAP

"Health check" Direct payments regulation 73/2009 adopted in January 2009. These are mainly

technical alignments needed to ensure the smooth implementation of the new Health Check rules.

They include for example adjustments to ensure consistency of approach in the implementation of

the farm payment rules in certain vulnerable sectors (sheepmeat, goatmeat, beef and veal) as well as

the reinstatement of a rule from the previous regulation and omitted from the Health Check

whereby farmers should not be able to benefit from a windfall profit of direct payments. Further to

the Commission's report to Council on the dairy market situation 2009 the Council has also decided

to extend the deadline for member states who, under certain conditions, wish to grant specific

support for 2010 to farmers in the dairy sector.

Codification of legislative acts in the field of agriculture

The Council adopted the codified versions of five legislative acts in the field of agriculture. The

codified acts replace the various acts incorporated in the original acts, while fully preserving their

content. The codification concerns the following acts:

•

a directive on animal health conditions governing the movement and importation from third

countries of equidae (15401/09);

•

a regulation laying down the trade arrangements applicable to certain goods resulting from the

processing of agricultural products (15403/09);

•

a regulation setting up a network for the collection of accountancy data on the incomes and

business operation of agricultural holdings in the EU (15451/09);

•

a directive on pure-bred breeding animals of the bovine species (15458/09);

•

a directive on animal health conditions governing intra-Community trade in, and imports from

third countries of, poultry and hatching eggs (15578/09).

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

FISHERIES

Pacific Ocean - Protection of migratory fish stocks

The Council adopted a decision establishing the Community position to be adopted in the

Commission for the conservation and management of highly migratory fish stocks in the Western

and Central Pacific Ocean (WCPFC).

The Community position within the WCPFC is in line with the EU's fisheries policy objectives,

notably through the precautionary approach to provide for sustainable exploitation of species

regulated by the WCPFC (which includes tuna and tuna-like fishes), to promote the gradual

implementation of an ecosystem-based approach to fisheries management, and to minimise the

impact of fishing activities on marine eco-systems, as well as through the promotion of

economically viable and competitive Community fisheries, providing a fair standard of living for

those who depend on fishing activities and taking account of the interests of consumers.

The WCPFC decisions aim to maintain, on the basis of scientific evidence, the populations of

highly migratory fish stocks in the Pacific Ocean at levels which will ensure the long-term

sustainability of such stocks.

Further information at:

http://www.wcpfc.int/

Guide prices for the 2010 fishing year*

The Council adopted a regulation fixing for 2010 the guide prices and Community producer prices

for certain fishery products pursuant to regulation 104/2000

(15101/09 and

15108/1/09 ADD1).

Regulation 104/2000 provides that a guide price and a Community producer price should be fixed

for each fishing year. They must take into account trends in production and demand, thus being an

appropriate tool for the determination of price levels for intervention on the market for fishery

products, while stabilising the markets and avoiding the formation of surpluses in the Community.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

TRADE POLICY

Codification of exceptional trade measures

The Council adopted the codified version of a regulation introducing exceptional trade measures for

countries and territories participating in or linked to the EU's Stabilisation and Association process

(14906/09). The codified act replaces the various acts incorporated in the original acts, while fully

preserving their content.

Anti-dumping regulation - Codified version

The Council adopted a codified version of regulation 384/96

on protection against dumped imports

into the EU from third countries with a view to improve its legal clarity and rationality

(14907/09).

ENERGY

International partnership for energy efficiency cooperation

The Council adopted a decision approving the signing of the 'Terms of reference for the

international partnership for energy efficiency cooperation' (IPEEC) and the Memorandum

concerning the hosting by the International Energy Agency of the IPEEC secretariat

(16564/09).

In June 2008, members of the "G8", China, India and South Korea and the Commission decided to

establish an IPEEC, which is to facilitate those actions that yield high energy efficiency gains.

IPEEC will provide a forum for discussion, consultation and exchange of information. It is open to

other countries and intergovernmental organisations.

OJ L 56 of 6.3.1996.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

ENVIRONMENT

Protection of the marine environment of the orth-East Atlantic

The Council adopted a decision approving amendments to the Convention for the protection of the

marine environment of the North-East Atlantic (OSPAR Convention) in relation to the storage of

carbon dioxide streams in geological formations

(16223/2/09).

The aim of the OSPAR Convention is to prevent and eliminate pollution and to protect the maritime

area against the harmful effects of human activities. The OSPAR Convention entered into force on

25 March 1998.

Carbon leakage: list of sectors

The Council decided not to oppose a Commission decision determining a list of sectors and sub-

sectors deemed to be exposed to a significant risk of carbon leakage, i.e. the danger of moving

production to third countries with fewer restrictions on greenhouse gas emissions. Depending on the

results of ongoing international negotiations on climate protection, these sectors and sub-sectors

could receive greenhouse gas emission allowances free of charge up to a benchmark quantity. The

Commission will analyse the outcome of international negotiations in this respect by 30 June 2010

and could propose new provisions. Such measures would come into force at the beginning of the

next trading period in 2013 when auctioning of emissions allowances will be introduced into the

emissions trading system.

The list of sectors is set out in document

13605/09.

In accordance with the regulatory procedure with scrutiny, the Council can oppose the

Commission's adoption of an act which exceeds the implementing powers of the Commission, is not

compatible with the aim or content of the basic instrument or does not respect subsidiarity or

proportionality even if the regulatory committee previously supported the envisaged measures.

16611/2/09 REV 2 (en) (Presse 348)

PDF to HTML - Convert PDF files to HTML files

30.XI-1.XII.2009

Access to spatial data - committee procedure

The Council decided not to oppose the adoption by the Commission of a regulation implementing

directive 2007/2/EC as regards the access to spatial data sets and services by the member states to

the Community institutions and bodies under harmonised conditions.

Under the regulatory procedure with scrutiny, the Council may oppose the Commission's adoption

of an act on the grounds that it exceeds the implementing powers provided for in the basic

instrument, or it is not compatible with the aim or the content of the basic instrument, or does not

respect the principles of subsidiarity or proportionality.

16611/2/09 REV 2 (en) (Presse 348)