ACTA in European Parliament committees: International Trade and Development

Yesterday I offered some information about the state of ACTA in the institutions of the European Union: ACTA update (in part). Now for some complementary information.


INTA

The Committee on International Trade (INTA) is the responsible committee in the European Parliament.

The INTA minutes 20 December 2011 (INTA_PV(2011)1220_1) offer us this decision by the coordinators (page 2/13) about the EP timetable during the committee stage:

- To ask the INTA rapporteur for ACTA to fix the timetable so that the first exchange of views takes place in February and the vote in committee takes place in April or May 2012.

The draft agenda for the INTA meeting 25 and 26 January 2012 makes no specific additions regarding ACTA.


DEVE

According to the draft agenda (item 6), the Committee on Development (DEVE) 24 and 25 January 2012 is going to have an exchange of views Tuesday about the Anti-Counterfeiting Trade Agreement between the EU and its Member States, Australia, Canada, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the USA (procedure 2011/0167(NLE), based on COM(2011)0380).

While INTA is the committee responsible (Kader Arif S&D rapporteur), the rapporteur for the DEVE opinion is Jan Zahradil (ECR).

The DEVE draft opinion PA – PE478.666v01-00, dated 6 January 2012, is strongly supportive of measures to protect intellectual property and welcomes the conclusion of ACTA, commending the Commission for ”having ensured that ACTA provisions comply with the Union acquis and that nothing in ACTA contradicts the obligations between parties under existing agreements, including the TRIPS Agreement”.

After four paragraphs of vigorous endorsement (and one other), the last two paragraphs of the DEVE draft fittingly note development concerns regarding the legitimate trade in generic medicines and access to medicines.


Update 23 January 2012: La Quadrature du Net has now blogged about ACTA in the European Parliament both in English and in French.

Update 2, 23 January 2012: European Digital Rights (EDRi) has published a critical assessment of the (DEVE committee) draft opinion regarding ACTA.


Ralf Grahn

EU2020: Innovation Union evaluates RDI in Denmark

Innovation Union (with key documents), which was launched a year ago, is one of the seven flagship initiatives of the Europe 2020 strategy for smart, sustainable and inclusive growth. The web pages are excellent. You can follow @innovationunion on Twitter and like Innovation Union on Facebook.

Through Eur-Lex you can find the communication in 22 official EU languages; the English pdf version:

Europe 2020 Flagship Initiative Innovation Union; Brussels, 6.10.2010 COM(2010) 546 final (43 pages)

The communication was accompanied by the longer Commission staff working document:

A RATIONALE FOR ACTION; Brussels, 6.10.2010 SEC(2010) 1161 final (103 pages)


Innovation Union Competitiveness Report 2011

The Directorate-General for Research and Innovation has just published a hefty report on where the European Union and its member states stand with regard to reseaarch, development and innovation:

Innovation Union Competitiveness Report – 2011 edition


Denmark RDI

The blog post EU2020: Research and development quality in Denmark told us that the country already invested more than 3 per cent of GDP in RDI activities. The then Danish government was more interested in improving the output from the efforts.

There are Country Profile pages for 33 countries, the 27 EU member states plus Croatia, Iceland, Israel, Norway, Switzerland and Turkey.

The country profile for knowledge-intensive Denmark shows that although the target of 3 per cent had already been reached, on current trends the country could attain 3.5 per cent of GDP by 2020.

Besides a general assessment of strengths and weaknesses, much of the information on the eight pages relates to Danish participation in the EU Seventh Framework Programme (FP7), managed by CORDIS – the Community Research and Development Information Service.

However, should we look for outside comparative evaluations in order to get a rounded view of innovation in Denmark?



Ralf Grahn

EU2020: Research and development quality in Denmark

In the blog post EU2020: Denmark aims for high employment we saw that a high employment rate (75 per cent) is a headline target of the Europe 2020 strategy for smart, sustainable and inclusive growth, but new reform efforts are needed to put the European Union as a whole on track.

Although somewhat dented during the crisis years, Denmark had 76.1 per cent of 20-64 year old employed, so the National Reform Programme (NRP) 2011 promises continued reforms in order to reach an employment rate of 80 per cent by 2020.

We return to the English version of the Danish Government's NRP in in order to see the plans concerning research and development:

Denmark's National Reform Programme (May 2011; 67 pages)


Research and development quality

For the EU as a whole, the EU2020 strategy aims at a quantitative target – 3 per cent of GDP – for research and development (R&D) and innovation activities by 2020, including both private and public investment.

Admittedly, this quantitative input measure is a bit primitive, but better than nothing. The European Union as a whole needs to catch up with the most innovative countries, states (USA) and regions in the world.

According to Eurostat, in 2009 the EU-27 R&D investment was just 2.01 per cent of GDP, but Denmark on 3.02 per cent had already reached the EU2020 target, third behind Finland (3.96%) and Sweden (3.62%).

The Danish research, development and innovation (RDI) strategy does not aim to throw more into the input basket, but it is focused on increasing the effectiveness of productivity in the field of research (NRP page 19).

The NRP Box 2.2 on page 20 presents new initiatives in the areas of research, development and innovation.


Annual Growth Survey

The European Commission presented its guidance for the final versions of the National Reform Programmes in its communication:

Annual Growth Survey: advancing the EU's comprehensive response to the crisis; Brussels, 12.1.2010 COM(2011) 11 final

The AGS made a few general points about research, development, innovation and competitiveness during tough times:

All Member States, especially those in excessive deficit procedure, should keep public expenditure growth firmly below the rate of medium term trend GDP growth, while prioritising sustainable growth friendly expenditure in areas such as research and innovation, education and energy (page 4).

Member States should simplify their regimes for the recognition of professional qualifications to facilitate the free circulation of citizens, workers and researchers (page 7).

To remain competitive in a globalised economy Member States must urgently begin the deep structural reforms needed to enhance the excellence of our research and our capacity to innovate, turning ideas into products and services that meet the demand of high-growth markets, taking advantage of the technological capabilities of our industry and helping SMEs to grow and internationalise (page 7).

In addition to budget priorities, the Danish government and the Commission point towards quality consciousness and RDI excellence in order to enhance competitiveness of European businesses.



Ralf Grahn

Hungarian EU Council presidency: Innovation (Future Perfect)

Third time lucky? Our third informal ministerial ”competitiveness” meeting arranged by the Hungarian EU Council presidency seems to unearth a rich vein of precious ore, especially for those who are interested in research, development and innovation (RDI).


Europe 2020 growth strategy

Competitiveness in and of Europe depends on growth-enhancing reforms in line with the Europe 2020 strategy (EU2020) for smart, sustainable and inclusive growth (although we still hope for updates) and the relaunch of the Single Market (link to all Single Market Act SMA language versions).


Informal Council meetings

Therefore, we looked at how the Hungarian presidency of the Council of the European Union communicated on relevant informal meetings of the Council. First, we searched for the press releases related to the 16 to 18 January 2011 meeting of employment ministers (Employment, Social Policy, Health and Consumer Affaris EPSCO). Then, we found richer and better structured pickings from the gathering of ministers for transport (Transport, Telecommunications and Energy TTE) on 7 and 8 February 2011.


Competitiveness Council

Our third informal meeting brings us into contact with the Competitiveness Council (internal market, industry, research and space). As usual, the related press releases on the Consilium website contain official Council conclusions.


Hungarian EU Council presidency

If we use the search functions on the Hungarian presidency page News and events, filtering down between 11 and 13 April 2011, as well as the Council formation Competitiveness (COMP), we find some interesting items.


Innovation (RDI)

The press release 'Ministerial debate on innovation reform' gives us an account of efforts to intensify European efforts in the areas of research, development and innovation (RDI), including the need to simplify the European research framework programme(s). The new member states in Central Europe lag far behind as recipients of EU research funding.

In the margin of the web page, we find a number of helpful links to additional resources, reminding us of the well structured and high quality web communications of the Swedish EU Council presidency in 2009.


Future Perfect

We find a solid introductory presentation of RDI policies in the European Union:

Future Perfect – Discussion Paper for the Informal Meeting of Ministers of Research (Competitiveness Council); Budapest – Gödöllö, Hungary, 12 April 2011 (45 pages)

Future Perfect contains four interesting chapters on the RDI challenges facing Europe:

1. Introduction
2. Research, development and innovation in the EU
3. New directions for EU research, development and innovation funding
4. The contribution and potential of Hungarian innovation

The aims of the discussion paper are presented like this:

The purpose of this document is to set out an agenda for discussion and to provide an overview of the most recent offi cial papers and draft reports concerning the fi elds of research, development and innovation in the EU. The four themes which have been identifi ed are:

• Unleashing Innovation
• Addressing the Grand Challenges
• Strengthening Europe’s Science Base
• Spreading Excellence

Future Perfect is highly recommended as an overview for everyone engaged in RDI issues in Europe.

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We return to the informal EU meeting(s) of research and industry ministers in future blog entries.



Ralf Grahn



P.S. The Spanish journalist Macarena Rodríguez writes one of the top Euroblogs: La Oreja de Europa. Follow her on Twitter as well @MacarenaRG.

Europe 2020 strategy: Belgian EU Council presidency and Innovation Union

Yesterday we looked at the visible preparation and communication by the Commission services of the flagship initiative Innovation Union, in the framework of the Europe 2020 strategy for jobs and growth.



The central Europe 2020 website was (and still is) like an abandoned child rather than the promising heir to Europe’s ambitions. DG Enterprise and Industry may have done a lot of preparatory work last year, but has not taken care to inform stakeholders or the general public about ongoing preparation, if any.



On the other hand, DG Research has shown the way for other Commission services, EU institutions, Council presidencies and member states, by reaching out to stakeholders through interactive means.



If DG Research continues in the same spirit, it can foster informed debate with the research community and the wider public, as Linda Margaret noted in a comment.



Belgian presidency of the EU Council

It is time to turn to how the Council of the European Union prepares for and communicates the coming flagship initiative Innovation Union. Our natural starting point is the work programme for the second half of 2010.



The Programme of the Belgian Presidency of the EU Council presents the wider context (strategic framework) for the work during the coming six months. Here the programme states (page 5):

The EU 2020 strategy for employment and growth aspires to establish an intelligent, sustainable and inclusive economy. This assumes growth in employment, a greater mobilisation in support of innovation and education, as well as making ambitious commitments on climate issues and, lastly, a strengthening of social cohesion. The fulfilment of the major objectives defined by the European Council will underpin the socio-economic priorities of the Belgian Presidency's programme.

December European Council


On page 6, the Belgian presidency adds a note on industrial policy, as well as research and development:

The Belgian Presidency will also seek to lend momentum to a sustainable industrial policy, with the main aim of developing a green European economy, competitive at the global level. It will maintain an integrated approach, covering all facets of innovation and targeting the needs of businesses, in the main, and those of SMEs in particular.

Research, development and innovation will be the subject of in-depth discussions at the European Council in December 2010. As a priority, it must define guidelines for better coordination of Member States' policy in this area. The Belgian Presidency will focus on defining indicators to measure both the extent to which the crucial objective of 3% is being met, as well as the progress achieved through the creation of a European Research Area. Particular attention will be devoted to the free flow of knowledge within this European Research Area and to the simplification of Community programmes.

October European Council

In the operational part of the presidency programme, Belgium turns to the upcoming European Council meeting in October 2010 (page 12):

In accordance with the European Council’s decision of March 2010, the October European Council will focus its attention on research and development and specifically examine the resources required to increase Europe’s innovation potential and competitive capacity in light of the challenges it faces. The Belgian Presidency will ensure that the debate is properly prepared and monitored by all sittings of the Council concerned.

Are both the October and December European Council meetings going to be dedicated to the same subjects?



Intellectual property


Under Competitiveness, the Belgian presidency programme deals with the related area of intellectual property, where the tenor seems to be more supportive of the interests of rights holders and the US administration than of user industries, ordinary users and “digital natives” (page 21 to 22):

Intellectual property

Adequate protection of intellectual property has been identified in the Europe 2020 Strategy as one of the most significant obstacles to successful operation of the internal market. Appropriate innovation and protection of innovative ideas form a whole at a European level. Under the Belgian Presidency, the Council will continue its work on the resolution of questions which remain open, both for the EU patent and for the unified patent litigation system.

Regarding copyright, under the Belgian Presidency, the Commission’s legislative initiative on orphan works will be the subject of an initial policy debate at the Council. Taking into account the digital development of libraries such as Europeana and other private initiatives, the Council will seek to make the most of an opportunity for European legislation on the matter.

Among the various initiatives in progress concerning the respect of intellectual property rights, at both a European and an international level, the Belgian Presidency will give special priority to negotiations on the Anti-Counterfeiting Trade Agreement (ACTA) with a view to their conclusion before the end of 2010.

Industrial policy

Also related to innovation is the coming Europe 2020 flagship initiative for industrial policy (page 22):

The Belgian Presidency will promote the launch of “Industrial policy in the era of globalization” as a flagship initiative of the Europe 2020 Strategy, while ensuring the articulation of the horizontal approach and the dimensions associated with these sectors. In particular, this new industrial strategy seeks to ensure the development of a proactive consultation process concerning the transition of the European economy to a green economy which is competitive on the world stage, and to provide a response to the challenges and opportunities which this poses to European industry.

Innovation Union


The flagship initiative Innovation Union, including various aspects of research, development and innovation are dealt with at length in the Belgian presidency programme (from page 22 to 24):

Research, development and innovation will be highlighted as priorities during the second half of 2010 within the context of the Europe 2020 Strategy through the "Innovation Union" flagship initiative. In compliance with conclusions adopted by the European Council in March 2010, the Council must make a contribution on this subject in preparation for the European Council in December. The Belgian Presidency will focus on formulating guidelines, defining policy objectives and developing indicators which allow progress on the creation of a European Research Area (ERA) to be measured.

On the basis of the Commission communication concerning the plan for research and innovation, the Belgian Presidency will favour an integrated approach covering multiple facets of innovation – technological, non-technological, and social – which promote its distribution throughout the economic fabric and which respond to the current challenges and the needs of businesses, particularly SMEs. In the context of the knowledge triangle, the role of clusters and the relationship between research centres, training and business will be examined.

In light of the development of the 8th Framework Programme, under the Belgian Presidency, the Council will conduct work relating to the simplification of administrative procedures and financial controls from the 7th Framework Programme for Research and Development.

Throughout the Belgian Presidency, particular attention will be given to the development of the following three initiatives relating to free circulation of knowledge within the European Research Area:

• definition of framework conditions for the “joint-programming” initiative with social challenges as the priority;

• continuation of the execution of the European partnership for researchers, in particular to increase their mobility and improve their status;

• promotion of improved integration in universities and research institutes within the knowledge triangle.

Under the Belgian Presidency, the Council will work to develop the role of the regions in the development, implementation and monitoring of research and European Scientific Policy.

Under the Belgian Presidency, the Council will examine the contribution of R&D to a sustainable society through strategic bio-economy initiatives, the plan for the development of low carbon technologies, (SET Plan) and marine and maritime research.

The Council will continue the discussion on the ITER project and examine the possibility of extending the 7th Euratom Framework Programme (scheduled to end in 2011) so that it comes to an end at the same time as the 7th Research Framework Programme due to end in 2013.

In the space sector, the Presidency will seek to ensure progress is made in the definition of a European vision for space exploration in order to allow the European Union's flagship programmes for the space sector to operate sustainably as soon as possible. Finally, the implementation of competence in the space sector, accorded to the EU by the Treaty of Lisbon, will receive the undivided attention of the Belgian Presidency which will seek to bring together existing European expertise and infrastructures in the space sector, in particular those of the European Space Agency.

Innovation is mentioned in other contexts as well, such as health, transport and education.

Verbally, at least, the EU Council takes research, development and innovation seriously, as it should with China just ten years from closing the innovation gap.




Ralf Grahn

EU Law: International development cooperation

Cooperation with third countries and international organisations is one aspect of he European Community’s (European Union’s) action to promote global development.


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Current treaty

Article 181 of the Treaty establishing the European Community (TEC) provides for cooperation and agreements with third countries. The member states retain their powers to act on the international arena and to conclude international agreements.

Article 181 TEC, as published in the latest consolidated version of the treaties in force, OJEU 29.12.2006 C 321 E/127:


Article 181 TEC

Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.

The previous paragraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.


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Original Lisbon Treaty

Article 2, point 164 of the original Lisbon Treaty (ToL) amends and renumbers Article 181 TEC, OJEU 17.12.2007 C 306/94:


164) An Article 188 G shall be inserted, with the wording of Article 181; the second sentence of the first paragraph and the second paragraph shall be deleted.


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Consolidated Lisbon Treaty


After one more renumbering the undeleted parts appear of what has become Article 211 of the Treaty on the Functioning of the European Union (TFEU), in the consolidated version published OJEU 9.5.2008 C 115/142:


Article 211 TFEU
(ex Article 181 TEC)

Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations.


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Lisbon Treaty changes

Roughly two thirds of the text is deleted, but it is hard to see anything of value getting lost. In addition, Article 209(2) TFEU already says it.

Even the remaining part of the provision seems to have only an informative (declaratory) value.

Article 211 TFEU is the same as Article III-318(3) of the Constitutional Treaty.



Ralf Grahn