Office of the Coorintator for Harmonisation

Information for the European Citizen

Answers to questions with respect to the implementation of the Acquis Communautaire in the areas related to:

1. Agriculture
Animal lovers
Common Market Organisations
Dairy Sector
The Fruit and Vegetables Sector
The Eggs and Poultry Sectors

2. Civil Society
EU Citizens' Rights & Civil Society
NGOs

3. Consumers
Food Safety

4. Culture

5. Economic and Monetary Union
Euro Adoption in the New Member States
Economy
The EU Budget

6. Education
Lecturers & Education
Students

7. Enterprises
SME´s

8. Employment and Social Affairs
Employment and Pensions
Free movement of workers
Persons with Disabilities
Workers
Women


9. Employment
Architechs
Civil Servants
Journalists
Lawyers and Legal Procurators

10. Environment
Air Quality
Hunting & Trapping Enthusiasts
Nature Protection, GMOs & Tourism
Waste Management
Water Quality

11. Justice and Home Affairs
The Police Force

12. Taxation
VAT Invoicing Rules

13. Trade
Trade implications of EU enlargement



1. Agriculture

What does it mean for a farmer to be part of the European Union?

Agriculture is the most important sector of the EU policies, it makes up 60% of the acquis and 40% of the budget. The EU policy for agriculture is known as Common Agricultural Policy (CAP). The EU’s objectives in the area of agriculture are to:

-stimulate agricultural production taking the environment into account

-ensure a fair standard of living for the agricultural population

-stabilise markets

-guarantee regular supplies

-ensure reasonable prices in supplies to consumers

The CAP policy provides European farmers with substantial financial support. There is not a single farmer who will not be able to benefit from CAP. Certain aids, such as for rural development, apply to all farmers. Other aids depend on the type of production.

Normally alot of support is channelled through the so-called common market organizations that exist for almost all agricultural sectors. It is only for potatoes that no such market organization exists. In the present Member States, farmers that produce cereals such as barley receive a direct income support per sector based on reference quantities to be defined by the authorities. Cattle and sheep farmers will receive beef premia, slaughter premia, ewe premia and additional payments. Milk producers will receive an individual milk quota, which provides a guaranteed income according to the quality of the produced milk and a premium per tonne of milk. There is support for olive oil producers based on a guaranteed quantity for olive oil and for several other sectors.

Cypriot farmers will receive their share of this so-called “guarantee support” in a very practical and simple manner i.e. through a single area payment for each hectare of agricultural land kept in good agricultural condition. In addition, certain payments such as for assistance to producer organizations in the fruit and vegetable sector, aid for citrus destined for the production of juice, aid for restructuring vineyards etc, will be paid to Cypriot farmers in addition to the single area payment.

It is true, that the EU reduced the level of the direct payments for the new Member States, but compensated for this by increasing the funds available for rural development and by approving a number of new schemes specifically for them.

Will the EU help me improve my production and my farm?

Yes. As mentioned above, the EU has approved very substantial funds to promote rural development in Cyprus. The EU considers that the farmer’s work has the added value of protecting the environment. Each European farmer of an acceding country will be given financial aid not only to modernise production, promote alternative income schemes such as agro-tourism and local handicrafts but also to implement agri-environmental projects. These funds will be available under the Rural Development Programme for the period 2004-2006, which has a total budget of over €150 million, of which €75 million will come from community funds.

Will it be possible to market halloumi in the EU?

Yes, it will be likely to market halloumi under its own name in the EU as part of the EU’s geographic designation policy.

What standards does the EU have for farm animals?

The EU has various laws that protect animals kept for farming purposes (including hens, calves and animals in intensive production systems). There are general rules for the protection of animals of all species kept for the production of food, wool, skin or fur or for other farming purposes, including fish, reptiles and amphibians. These rules are based on the European Convention for the protection of animals kept for farming purposes.

How does the EU tackle animal and plant diseases?

The EU has very stringent regulations to avoid the spread of plant and animal diseases. All animals need to be registered and animal diseases are being controlled from stable to table. Strict controls as regards plant health take place from production and marketing of plants, fruits and vegetables, including citrus. Plants can only be traded if accompanied by a plant passport. Citrus can only be traded with a phytosanitary certificate. There are very strict eradication programs in case diseases are detected.

What does the acquis say on agriculture?

The agriculture chapter covers a large number of binding rules, many of which are directly applicable. The proper application of these rules and their effective enforcement by an efficient public administration are essential for the functioning of the common agricultural policy (CAP). This includes the setting up of management systems such as a Paying Agency and the Integrated Administration and Control System, and also the capacity to implement rural development actions. The acceding countries must be ready to be integrated into the common market organisations for a range of agricultural products, including arable crops, fruits and vegetables, and meat. Finally, this chapter covers detailed rules in the veterinary field, which are essential for safeguarding animal health and food safety in the internal market, as well as in the phytosanitary field, including issues such as seed quality, harmful organisms and plant protection products.

Will state aid measures change?

State aid measures in the field of agriculture remain to be brought in line with the acquis at the time of accession. During the course of the negotiations, Cyprus was granted a transitional period to provide certain supplementary state aids until 2010. These are very sizeable subsidies and were given only to Cypriot farmers at this level.


Is Cyprus meeting the commitments made during the accession negotiations?

Yes, Cyprus is essentially meeting the commitments as regards the Integrated Administration and Control System (IACS), quality policy and organic farming, and state aid; among the common market organisations (CMOs) as regards arable crops, fruit and vegetables, wine, olive oil, bananas, milk, beef, sheep and pigmeat, and eggs and poultry; and as regards rural development. In the veterinary and phytosanitary field, Cyprus is essentially meeting the requirements relating to animal disease control measures, trade in live animals and animal products, animal welfare and zootechnics. Subject to good progress being maintained in these areas, Cyprus should be in a position to implement this acquis from accession.

Efforts still need to be made in the fields relating to Farm Accountancy Data Network (FADN), veterinary control systems in the internal market, TSE and animal by-products (as regards collection of cadavers), public health (as regards upgrading of agri-food establishments), common measures (as regards residues), animal nutrition and phytosanitary (as regards plant passports). Efforts need to be accelerated in these areas, to ensure that functioning systems will be in place at accession.

Animal lovers

Does the EU have a policy on animal welfare?

Yes. The EU has been working on animal welfare for more than 25 years. EU laws have since regularly been revised and their scope widened over the years. The Treaty of Amsterdam, which entered into force in May 1999, produced new scope for EU action on animal welfare because EU countries agreed on a protocol on the protection and welfare of animals. In the protocol, the EU recognises that animals are sentient, meaning that they are conscious of what takes place. The protocol states that: "In formulating and implementing the Community’s agriculture, transport, internal market and research policies, the Community and the Member States shall pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, culture traditions and regional heritage."

Does this mean that the EU allows ill-treatment of animals because of cultural traditions?

The protocol clearly defines the limits of the EU competence to legislate regarding animal welfare. This means that cruelty against animals, mistreatment, the use of animals in competitions, shows, cultural or sporting events such as bullfighting, dog fighting and dog-racing are examples of issues that remain under the sole responsibility of the national governments. And the EU does not get directly involved in these issues.

If the EU does not get into traditional issues, why are there EU laws on bird protection but none about bullfighting in Spain?

There are no EU laws where animals are linked to national or local traditions and to culture. This includes bull fighting and fox hunting. On the other hand, wild birds are directly protected at EU level. This is because wild birds in Europe are mainly migratory species that move over different countries. This means that only a common action between a number of countries can protect birds effectively. The EU law, which dates back to 1979, also seeks to protect the number of species of wild birds from declining further. The EU also seeks to protect the natural environment by regulating trade in endangered species in general, not just birds.

How does the EU put into practice its principles on animal welfare?

The European Commission sets standards for the welfare of animals on the farm, during transport and at slaughter. It also provides scientific advice, prepares legislative drafts and carries out inspections and control to verify the correct implementation of laws.

For more information on Consumer Affairs: http://europa.eu.int/comm/consumers/index_en.htm

What exactly do EU laws say on animal protection?

EU legislation generally aims to ensure that animals do not suffer avoidable pain. Therefore, EU laws oblige owners or keepers of animals to respect minimum welfare requirements. National governments may set higher standards if they wish.

What standards does the EU have for farm animals?

In 1986 the EU adopted its first rules on animals kept on the farm. These rules concerned the protection of laying hens. In 1991, another two laws were issued, one concerning the protection of calves and the other on the protection of pigs. Both laws were about animals in intensive production systems. Seven years later, the EU came out with yet another law to protect animals kept for farming purposes. The new law gave general rules for the protection of animals of all species kept for the production of food, wool, skin or fur or for other farming purposes, including fish, reptiles and amphibians. All these rules are based on the European Convention for the protection of animals kept for farming purposes. They also reflect the so-called Five Freedoms, which were adopted by the Farm Animal Welfare Council.

What are the Five Freedoms (Rights) for animals?

The Five Freedoms are: freedom from hunger and thirst; freedom from discomfort; freedom from pain, injury and disease; freedom to express normal behaviour; and freedom from fear and distress.

Are there EU laws on animal transport and animal slaughtering?

Yes. The first EU law on the protection of animals during transport was adopted in 1977 reflecting the 1968 Convention of the Council of Europe. In 1991, it was replaced with a more detailed law which introduced important changes such as the approval of transporters, the route plan, as well as loading densities and travelling time limits. As regards slaughtering, the EU adopted its first law regarding the stunning of animals before slaughter in 1974. This law was replaced in 1993 with a new law having a wider scope, both in terms of the species concerned as well as of slaughter circumstances.

But is the EC only concerned about farm animals?

No. The EC also deals with the protection of wild animals and the protection of animals used for experimental or scientific purposes. This protection encompasses hunting practices in member states. Moreover, the Commission is also responsible for rules on cosmetic products, including rules on the testing of cosmetic ingredients on animals.

For more information DG Environment http://europa.eu.int/comm/environment/index_en.htm

DG Enterprise http://europa.eu.int/comm/enterprise/index_en.htm

Does the EU say anything about pets?

Yes. Cats and dogs travelling within the EU must carry proof of vaccination against rabies. If their country of destination is Sweden, Ireland or UK, additional proof of an anti-bodies test may be required because these countries have long been rabies free. The UK, Irish and Swedish authorities may on the other hand waive any requirements on pets moving between their countries. Simultaneously, health checks on cats and dogs coming from third countries where rabies is still widespread are carried out in order to preserve the progress made in the EU. Cats and dogs coming from such countries must also bear identification and have undergone both vaccination and an antibodies test, as recommended by the International Animal Health Code of the International Office of Epizootics. Again, authorities in the UK, Ireland and Sweden may nonetheless require a quarantine period for pets coming from third countries with a rabies risk. Pets coming from third countries where rabies does not occur or is sufficiently under control need identification and a vaccination certificate only, except if they travel to the UK, Ireland or Sweden where an anti-bodies test may be required.

Is it true that travelling with pets in the EU will be made easier?

Yes. The Commission proposed a new regulation harmonising the health requirements for pets moving from one EU country to another. In November 2003 the European Commission adopted a Decision establishing a model passport which will allow pets and their owners to travel more easily within the EU. This new legislation which will come into force in July 2004 states that cats, dogs and ferrets will need a passport to travel. The pet passport, a veterinary document, will provide proof that the animal has been vaccinated against rabies. This is the sole requirement for pets to travel to all Member States except Ireland, Sweden and the UK. The passport will also contain details of other vaccinations, including those not required by law, as well as information on the animal’s medical history.

For more information http://europa.eu.int/comm/food/animal/liveanimals/pets/index_en.htm

Common Market Organisations


What is the Common Market?

The Common Market extends to agriculture and trade in agricultural products. 'Agricultural products' means the products of the soil, and stock-farming and products of first-stage processing directly related to these products. Plant products which are part of the common market are cereals, fruit, vegetables, grapes, wine, alcohol and alcoholic beverages, olive oil, rice, oilseeds, protein crops, raw tobacco, dried fodder and sugar. Animal products include beef, sheep and goat meat, pig and poultry meat, eggs, milk and dairy products.

What is the state of preparations to apply Common Market in Cyprus?

For arable crops the bodies responsible for intervention, export/import licences, inspection and authorisation of payments have been designated. The monopoly of the Cyprus Grain Commission has to be abolished before accession.

Implementing legislation as regards marketing standards for fruit and vegetables as well as the establishment of producers organisations has been adopted. Implementing legislation regarding the procedures for recognition of producers' organisations and for control of operational funds will be in place before accession. Attention must be given to the application of marketing standards on the national market.

In the area of wine and alcohol, the Common Market Organisation (CMO) for wine will be set up before accession: no particular problems are anticipated regarding the complete implementation of the CMO for wine given that the existing Vine Produce Council has been restructured and reorganised to undertake this role. Legislation on quality standards for spirit drinks is in place. The vineyard register needs to be fully aligned.

Legislation concerning EU quality standards for olive oil is in place. A control agency for olive oil has been established under the State Food Quality Inspection. The existing monopoly was abolished and operates now as an olive oil intervention agency. Progress has been made on setting up the Geographical Information System. The registration of olive growers has been completed.

Since 1999 Cyprus has had a milk quota system in place which will be fully aligned with EU requirements. New rules for the milk quota system are being prepared. They are based upon a revised law to implement the legislative requirements needed for setting up the Common Market Organisations (CMO) for milk and milk products. The Cyprus Milk Industry Organisation will implement most of the mechanisms of the CMO.

The implementing legislation for the marketing standards for bananas has been adopted. Implementing legislation defining the minimum standards and procedures for recognition of Producer Organisations is about to be adopted.


Dairy Sector

Since 1999 Cyprus has had a milk quota system in place which will be fully aligned with EU requirements. New rules for the milk quota system are being prepared. They are based upon a revised law to implement the legislative requirements needed for setting up the Common Market Organisations (CMO) for milk and milk products. The Cyprus Milk Industry Organisation will implement most of the mechanisms of the CMO.

How did the negotiations effect the dairy sector?

· Import tariffs are to be removed by membership and prices of imported dairy products will go down
· Milk quota: 145 200 tonnes
· Five-year transition period on stocking density of beef animals in farms
· Five-year transition period to maintain current minimum of 3.2% milk fat content
· Transition period until end 2009 on EU hygiene and quality requirements.
· The sector will benefit from financial support under the Rural Development Programme to restructure and become more competitive; also to meeting the standard for the milk quality and hygiene
· The sector will be given direct support until 2010 from national funds to adjust to the new requirements (in view, especially, of the removal of present feed grain subsidies)

Will Cyprus have a national milk quota?

Yes, milk quotas for all new Member States have been set. The overall level is distributed between deliveries and direct sales. However, the level of production of milk that is consumed on the farm, is not limited by the milk quota.

Since 1999 Cyprus has had a milk quota system in place which is being aligned with EU requirements. New rules for the milk quota system will be in place The Cyprus Milk Industry Organisation will implement most of the mechanisms of the Common Market Organisations (CMO). The legislative requirements needed for setting up the CMO for milk and milk products, have already been adopted.

What was decided on the fat content of drinking milk?

Cyprus has a transitional arrangement of five years for the marketing of drinking milk with 3.2% fat. This is below the EU fat content requirements of 3.5%, such milk may be marketed only in Cyprus or exported to a third country.

Will the number of cows in Cypriot farms be affected by EU membership?

On the stocking density of animals in farms, Cyprus has a 5-year transitional arrangement for reducing the stocking density to the levels allowed under the EU beef premium rules, to the extent that these will be in place in 2010. Cyprus has also to comply with animal welfare rules.

How will consumers be affected?

Today, dairy products are protected through tariffs on imported products. Clearly this comes at a cost for consumers because they have to pay higher prices on imported products. All tariffs will be removed by membership and therefore prices for these products will go down for consumers.

The fruit and vegetables sector

When will import tariffs be removed?

Import tariffs will be removed by 1 May 2004. This means that consumer prices will drop and local products will be exposed to competition. Instead of levies, however, farmers will be protected through direct income support or subsidies that will help them reduce their prices to compete with imported fruit and vegetables.

Cyprus has been given the possibility in addition to the complementary national direct payments to grant transitional and digressive national aids in certain sectors until the end of 2010.

Will the EU help me improve my production and my farm?

Yes. As mentioned above, the EU has approved very substantial funds to promote rural development in Cyprus. The EU considers that the farmer’s work has the added value of protecting the environment. Each European farmer of an acceding country will be given financial aid not only to modernise production, promote alternative income schemes such as agro-tourism and local handicrafts but also to implement agri-environmental projects. These funds will be available under the Rural Development Programme for the period 2004-2006, which has a total budget of over €150 million, of which €75 million will come from community funds.

How will the fresh fruit and vegetables sector be affected upon accession?

· Import tariffs on certain imported fruit and vegetables will be removed by membership and prices will go down
· Farmers will be given direct financial support from national funding in those sectors affected by accession
· Cypriot farmers will receive guarantee support through a single area payment for each hectare of agricultural land kept in good agricultural condition.
· Certain payments such as for assistance to producer organizations in the fruit and vegetable sector, aid for citrus destined for the production of juice, aid for restructuring vineyards etc, will be paid to Cypriot farmers in addition to the single area payment.
· Farmers will also get full access to the EU market to export potatoes and other products without quotas and at any time of year
· The Rural Development Programme for the period 2004-2006, which has a total budget of over €150 million, will provide farmers with additional incentive to promote restructuring and to participate in other income generating schemes.

What help will I get to face competition?

The fruit and vegetable sector is one of the most important agricultural sectors in Cyprus. Some crops are already traded freely with the EU and will not feel the change, but at the same time there are others like apples and pears that are most vulnerable to competition from the EU. The Government was aware that the removal of levies on fresh fruit and vegetables imported from the EU will benefit consumers but could also give rise to concern to farmers. A compensation package was therefore agreed during the accession negotiations for this sector.

Have any transitional periods been agreed on in this field?

Cyprus has a 5-year transitional arrangement from the date of accession, during which quantitative limit for withdrawal with respect to certain fruit has been fixed at a level higher than that of the EU.

The Eggs and Poultry Sectors

Key points of how accession will affect the eggs and poultry meat sectors

· Today they are protected through tariffs on imported poultry products
· Upon membership tariffs will be removed and the cost of imported poultry products will go down
· Cyprus negotiated a seven years transitional period during which additional support will be provided to the sector to restructure and meet environmental and animal welfare standards.
· The sector will also benefit from government support through a Rural Development Programme

How was the total additional support calculated?

The additional national support to the eggs and poultry sector was calculated on the basis of the support that the sector was receiving in 2001 through the feed grain subsidy now to be abolished. In order to be competitive with imported products the sector must undertake intensive efforts to restructure and improve using the special facilities provided under the rural development programme and national support scheme.

Who exactly will get the aid? Is it the breeder or the processor?

The support will be paid to the broiler and layer poultry farmers. Processors will be able to benefit from assistance to upgrade and restructure their operations under the rural development programme.

Will there be assistance for those who would like to set up a Producers’ Organisation?

Yes. The EU also agreed that Cyprus should be given the possibility to give start-up assistance for the first five years from membership to help poultry breeders and other interested parties set up producers’ organisations. The assistance will be based on the turnover of each producer organisation.

Will new rules apply regarding the quality standards and grading?

Yes, but Cyprus had already introduced these rules some time ago. The EU marketing standards applicable to the egg sector require, among others that eggs be labelled according to how the hens have been reared.

The following classification may appear on the packs: free range eggs; barn eggs; eggs from caged hens. The regulation stipulates that the recommended sell-by-date shall not exceed the maximum time limit of 21 days after laying for the delivery of eggs to the consumer.

How will consumers be affected?

Today, eggs and poultry meat products are protected through tariffs on imported products. Clearly this comes at a cost for consumers because they have to pay higher prices for imported products, to the extent that these reach the Cyprus market. All tariffs will be removed upon membership and therefore the cost of these products will go down for consumers.

2. Civil Society

EU Citizens' Rights & Civil Society

What does the EU say on respect for human rights, democracy and rule of law in a just society?

The EU respects and promotes the universal principles as laid down in the Universal Declaration on Human Rights and its complementary International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights. The EU’s activities are also based on the main international and regional instruments for the protection of human rights, including the European Convention on Human Rights.

What about freedom of expression?

This is a fundamental human right, recognised not only by the EU Member States individually but also through other entities such as the United Nations and the Council of Europe (especially in its European Convention on Human Rights). The EU Charter of Fundamental Rights outlines freedom of expression as a fundamental right.

Does the EU regulate religion?

There are no EU laws that refer directly to religion as such. Nor can the EU impose any changes on any religion practised in EU countries. The EU must respect the national identity of each EU country and it cannot interfere in issues of culture, traditions and religion. The one thing that the EU does state about religion is that EU countries must ensure that all religions are respected. In the EU, the principle of tolerance and non-discrimination applies across the board.

What happens in case of violation of the basic principles?

The Treaty of Amsterdam of 1999 reaffirms that the EU ‘is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States. Member States violating fundamental human rights principles in a ‘serious and persistent’ way run the risk to see certain of their rights deriving from the application of the Union Treaty being suspended.

What is the European Charter of Fundamental Rights?

The EU Charter of Fundamental Rights of the Nice Summit of 2000 makes the fundamental rights more visible to the EU's citizens. It codifies human right principles, such as the European Convention on Human Rights, common constitutional traditions and international instruments. The charter will receive an official legal status in the new Constitution for Europe.

For more information: http://europa.eu.int/comm/justice_home/unit/charte/index_en.html

What are the political rights of EU citizens?

In terms of political rights, any EU citizen has the right to vote in local and European Parliament elections in the EU country where he lives, he can only vote in national elections in his own country. If he loses his passport or finds himself in difficulty in any country in the world where an embassy of his country of origin does not exist, he will be able to go to an embassy of any EU country and he will be entitled to receive help there just as if he were a national of that country.

What does being an EU citizen entail and what happens to one’s original citizenship?

Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship. In addition they will also acquire what is known as an "EU citizenship". This will entitle them to a number of rights. For instance, they will be able to travel, reside, study, train or work in any EU country of their choice. EU citizenship also means that wherever one goes in the EU one cannot be treated differently than citizens of that country. In other words, one's citizenship rights will extend from the territory of the country of origin to the entire EU territory.

How does the EU protect the right to privacy of EU citizens?

The EU has a law on the protection of personal data, which establishes rules to ensure both a high level of protection for the privacy of individuals as well as the movement of personal data within the EU. This covers both individuals as well as companies. There is an obligation to collect and process personal data only for specified, explicit and legitimate purposes and to ensure that data is relevant, accurate and up-to-date. Persons may appeal to independent national authorities if they consider their rights are not being respected.

What does Civil Society mean?

Civil Society normally refers to those groups or organisations that operate outside the official structures and institutions of a country. They include the social partners, namely trade unions and employers’ associations. Besides these they also include NGO’s, which bring people together in a common cause, such as environmental organisations, human rights groups, consumer associations, educational organisations, community-based organisations, youth organisations. The idea of civil society is becoming increasingly important in the EU and is seen as a way of how the EU can connect itself directly with its citizens.

Non -Governmental Organisations

Are non-governmental organisations recognised in the EU?

Yes. Not only are they recognised but they also participate in EU structures, in particular the European Economic and Social Committee (EESC). The EESC was set up by the EU treaty as an EU organ and it is made up of representatives from civil society ranging from trade unions, employers’ associations to other interest grouping. The role of the EESC is consultative. The fact that they are involved early in the stage of formulating decisions or laws makes their lobbying an essential part of decision-making in the EU. When Cyprus joins the EU it will have six seats in the EESC.

For more information on EESC http://www.esc.eu.int/pages/en/home.asp

What exactly do we mean by ‘civil society’?

Civil society normally refers to those groups or organisations that operate outside the official structures and institutions of a country. They include the social partners, namely trade unions and employers’ associations. Besides these they also include NGO’s which bring people together in a common cause, such as environmental organisations, human rights groups, consumer associations, charitable organisations, educational and training organisations, community-based organisations, youth organisations, family associations, religious communities and all organisations through which citizens participate in local and municipal life. The idea of civil society is becoming increasingly important in the EU and is seen as a way of how the EU can connect back with citizens.

Are NGO’s involved at other levels in the EU?

Yes. EU institutions, in particular, the European Commission, the Council of Ministers and the European Parliament have a strong tradition of direct contacts with civil society organisations. These contacts are aimed at contributing to the process of policy-making that reflects the diversity of interests, perspectives and needs in the EU. Consultation with these groups is part of the law and tradition in the EU.

How does the Commission keep links with NGO’s?

The European Commission normally incorporates its consultation with NGOs right into the development of its policy-making. This takes places through formal consultation with NGOs and even through ad hoc consultation exercises with invited representatives of the relevant sectoral interests. It is estimated that the Commission has up to 700 structured consultation groupings as dialogue partners. Broader public consultations, of both interest groups and individuals, are carried out on the basis of consultation documents such as Green Papers and White Papers, in particular. These documents call for reactions from the public and normally attract a very active response from NGO’s which, after all, represent different categories of the public.

Are there any European federations through which NGO’s can work and have their voice heard?

Yes. Within the EU member states there are various federations or networks of NGO’s that group together civil society organisations with similar causes or interests. This means that there would normally be European federations representing employers, trade unions but also other sectoral interest groups such as environmentalists, hunters, consumers, women, farmers and so on. Being based on a European level, makes it easier for these NGO’s to lobby the EU institutions. These are effective very often.

I heard about the Platform of Social NGO’s and the ECAS. What are these?

The Platform of Social NGO’s and the European Citizen Action Service (ECAS) are just two examples of NGO groupings that lobby within the EU institutions. The Platform of European Social NGO’s groups 37 European NGO’s, federations and networks which are working to build an inclusive society and promote the social dimension of the European Union. It brings together over 1,700 direct member organisations, associations and other voluntary bodies at local, regional, national and European level representing the interests of a wide range of civil society. It channels the concerns of European citizens who have come together in these organisations on issues of common interest. It also ensures a wide circulation of information on EU activities and policies to its members at the national level.

The ECAS was established in 1990 and had much to do with the deadline of the single market of 1 January 1993. The completion of the single market saw an impressive expansion of corporate lobbying. ECAS focuses on three key activities: NGO guides to EU funding, Policies and Enlargement.

Can NGO’s benefit from EU funding?

Yes. NGO’s normally benefit from funding because they can participate in the main EU funding programmes such as the Socrates (education), Leonardo (training) and Youth programmes, but also other funding initiatives. Many NGO’s in the EU have decided to dedicate energy and effort into learning how to access EU funding – and they are usually quite successful. A good number of Cypriot NGO’s have already participated in EU programmes which have been opened to the participation of candidate countries.

At a European level, some European federations also benefit from direct financial assistance from the EU budget.

Our organisation is very small. How can we go about participating in an EU project?

One easy way to participate is to try and get involved in a project that is being led by a European organisation with which you are familiar

3. Consumers

Food Safety


What is the EU policy on food safety?

The EU has strict rules on food safety. These apply to food throughout the entire growing and manufacturing process. This reassures EU consumers that the food they are eating is safe. EU laws range from labelling requirements to food handling standards. This is the task of the European Food Authority (established 28 January 2002), which provides scientific advice on food safety in general and also on specific issues.

For more information: http://europa.eu.int/comm/food/index_en.htm

Is our Food Safe?

For the last forty years or so, the EU has come up with a set of rules on every stage of the food manufacturing process. This has been the start of the policy now frequently referred to as "from the farm to the factory to the fork". In other words, strict EU rules on safety apply to food throughout the entire growing and manufacturing process until it lands on our plate. This reassures EU consumers that the food that they are eating is safe. Recent scares relating to food safety, such as BSE and dioxin, are evidence of the importance of these rules and of how strictly they are applied.

What action is taken if some food is found to be unsafe?

In emergency cases, such as those related to the spread of the mad-cow disease, the EU has the power to stop the sale and movement of products (beef, in this case) or even stop the transport of animals in order to prevent the disease from spreading. Equally, in cases where food safety is threatened, a number of measures can be taken. For instance, as a first step, the country in question would have to inform the Commission so that any necessary action can also be taken in other countries. In addition, orders can be given to stop trade in goods or even to remove products from supermarket shelves so that risks can be reduced or prevented. Before such orders are withdrawn, the food in question must pass health and safety checks that are based on independent scientific advice.

Why does the EU legislate on matters of food safety?

The reason why the EU gets into this issue is because food products that are made in any EU country can be sold freely to other EU countries. On the one hand, the EU wanted to ensure that individual countries do not adopt national rules on food that end up restricting trade. On the other, it also wanted to ensure that given the sensitivity of food for public health, any food that is traded within the EU should be up to standard and should not pose any risk to health. As a result, the need was felt to harmonise certain rules relating to food.

For more information: http://europa.eu.int/pol/food/index_en.htm

And how does it do this?

At first, the EU targeted various aspects of foodstuffs rules, such as general rules on labelling for all foodstuffs. At the same time it also issued rules on specific products (e.g. chocolate, preserves and fruit juices). The EU now no longer legislates, in principle, on individual products but draws up rules, which will determine the requirements common to a particular category of foodstuffs or all foodstuffs. It therefore has laws relating to food hygiene, authorised additives, authorised flavourings, materials in contact with foodstuffs, the production and manufacture of foodstuffs such as frozen or irradiated foods, food products for particular diets, contaminants and on food controls.

Who is responsible for food safety in the EU?

The EU has long had scientific committees responsible for preparing opinions as a basis for EU rules on health and food safety. In 2002, the EU also set up the European Food Safety Authority: an Authority that is both scientifically and technically competent. The tasks of the European Food Authority are mainly six:

· It provides scientific advice on food safety in general and also on specific issues. The Commission, the European Parliament and the Member States can all ask for this advice
· It provides technical advice which will be the backbone of food policy
· It collects and analyses data which will be necessary to monitor the food chain in the EU
· It identifies risks and gives early warnings. Through this system, Member States are obliged to notify the Commission and other Member States immediately in the case of an outbreak
· It supports the Commission should a crisis arise
· It communicates with the general public on all food-safety- related measures

European Food Safety Authority: http://www.efsa.eu.int/

What does it say on packaging that is used with food?
Since packaging can have an impact on the quality of the food and on the choice made by consumers, the EU has a number of standards to ensure the maximum safety of the consumer and proper consumer information on labels. For instance, quick-frozen food must be packed in pre-packaging which protects it against external contamination and drying. It must also include information that must be specifically adjusted according to the intended recipient, whether a restaurant, a hospital or consumers in general.

What information should be available on labels of pre-packaged food?
On pre-packaged foodstuffs the label must include the following information:
· Name of the product
· List of ingredients
· Net quantity
· Expiry date ("use before" for perishable foodstuffs and "best before" for other products)
· Particular conditions applying to the handling or the preparation of the food
· Name and address of the manufacturer or packer or of a seller established in the EU
· Origin - where the absence of such information may be misleading e.g. Brussels Pate - Produce of Ireland
· Lot marking: when the product was manufactured
· If food has been irradiated this must be shown. Food irradiation is a new food safety technology that can eliminate disease-causing germs from foods.
Labelling of foodstuffs must be in an easily-understood language which generally means the official language or languages of the country of marketing. However, foreign terms or expressions that are easily understood must be allowed. An important new requirement is that where a manufacturer chooses to emphasise the presence of a particular ingredient in a product, the quantity of that ingredient present must also be shown in percentage terms. For example when you purchase a ham and cheese pizza, the label will have to separately quantify the ham and cheese content. This new EU labelling requirement is known as QUID - Quantitative Declaration of Ingredients.

Does the EU say something specific on beverages?

Yes. First of all, water is considered to be a foodstuff. Therefore the list of items that must appear on the label should appear on drinking water too. With regards to all liquids, with few exceptions, the EU requires that the pre-packaging must bear an indication of the volume of the liquid. Alcoholic beverages that contain more than 1.2% by volume of alcohol must also indicate the presence of alcohol.

What about the presence of lead in food and water?
Lead can unfortunately be found even in food as well as in water. EU law puts the maximum limits of lead in foodstuffs (e.g. 0.2mg/kg net weight in cereals). It also sets high standards to reduce the levels of lead that can be found in water: 10ug/l to be exact.

What about food hygiene?
Food operators throughout the food chain bear primary responsibility for food safety through the use of programmes for self-checking and modern hazard control techniques. The EU insists on a harmonised Hazard Analysis Critical Control Point (HACCP) system for all non-primary food operators. HACCP is a systematic approach to the identification, evaluation, and control of food safety hazards. All food and food ingredients must also be traceable. This includes compulsory registration of all food businesses.

What about food safety at the level of farms and fields?
On this subject, the EU has a comprehensive set of laws covering food safety from a veterinary and phytosanitary point of view. Amongst others, these include laws regulating animal welfare, prevention of diseases and so on.

What is the Food and Veterinary Office?
The Food and Veterinary Office (FVO), which has been in existence for some time, will continue in its function to monitor Member States' and third countries' compliance with EU veterinary, phytosanitary and food hygiene rules. To this end, the FVO performs audits, controls and inspections to check whether the safety and food hygiene rules are being observed along the entire production chain, either in Member States themselves or in countries which export to the EU. During its first year, the FVO performed more than two hundred inspections in Member States and third countries.

Food and Veterinary Office: http://europa.eu.int/comm/food/fs/inspections/index_en.html

What information should be available on labels of food products that are not pre-packaged?
If the foodstuffs are not pre-packaged then the following information should appear on the shop shelf where the food is on display:
· Name of the food: on the food itself, on a shelf sticker or on a wall chart
· Notices to show the origin, class and variety of fruit and vegetables on sale
· Price per kilo
· Labelling & Food Additives
· The list of ingredients, including all the substances used in the manufacture or preparation of a product and which remain present in the product. Additives must be designated by their category (e.g. "colouring agent" or "preservative") followed by their specific EC number or complete name. The EU system has additives numbered in the range from E100 to E518.
What about GMOs?
The Commission has adopted a system to ensure that GMOs contained in food and feed products can be precisely identified. Each GMO will be given a different code composed of letters and digits, a so-called “unique identifier”.
This code is required to accompany products containing that GMO as they are transitted through the production and distribution chains. Operators will have to list the codes for individual GMOs, in accompanying documentation, that have been used to constitute the original raw material for products inteded for food, feed and processing. This will allow products containing these GMOs to be accurately traced and labelled when they come to the marketplace.

The whole legislation has been drastically reviewed recently to take account of the latest scientific developments and consumer queries.


How is Cyprus implementing all these standards?
Cyprus agreed to apply all these EU standards by membership. This means that by accession Cyprus must have put in place the necessary structures and training of individuals who will be responsible for applying these laws.

For more information on Food and Safety http://europa.eu.int/comm/food/index_en.htm

4. Culture


What does the acquis say with regard to culture and audiovisual policy?

The culture and audio-visual policy chapter requires legislative alignment with the Television without Frontiers directive and contains the community programmes Culture 2000, Media Plus and Media Training. Alignment with the Television without Frontiers directive creates the conditions for the free movement of television broadcasts within the Community. It implies basic common requirements concerning advertising; the protection of minors and public order; and the promotion of European works.

Is Cyprus applying the acquis?

In order to complete alignment with the audio-visual policy acquis, Cyprus must introduce a small number of legal amendments, e.g. to definitions. Administrative capacity for implementation of the audio-visual acquis is satisfactory but the Regulatory Body should continue to be strengthened in order to ensure adequate monitoring for all broadcasters.

Cyprus is meeting the majority of its commitments and requirements arising from the accession negotiations on audio-visual policy and is expected to be in a position to implement the acquis by accession, provided the remaining legal changes are introduced.

What does the EU envisage for promotion of Member State culture?

There is a specific program called Culture 2000 that aims at creating cultural networks and exchange of cultural works. Another program called Media promotes cultural diversity in Europe through the support of various audiovisual productions.

Designed to contribute to bringing the peoples of Europe together, the European City of Culture project was launched, at the initiative of Melina Mercouri, by the Council of Ministers on 13 June 1985. It has become popular with the citizens of Europe and has seen its cultural and socio-economic influence grow through the many visitors it has attracted.

The European Cities of Culture have been chosen until 2004, on an intergovernmental basis; the Member States unanimously selected cities worthy of hosting the event, and the European Commission awarded a grant each year to the city selected.


For more information
http://europa.eu.int/comm/culture/eac/index_en.html

What projects were supported by Culture 2000 programme in 2003?

The European Commission's Culture 2000 programme provided grants to 201 projects during 2003, most of which focus on the performing arts. These projects will share more than €30 million in funding. 30 European countries are taking part in Culture 2000 (2000-2004), which, this year is helping more than 750 cultural operators to cooperate on projects with a European dimension.

The programme is supporting projects in all artistic fields, cultural heritage, books, reading and translation. Of the 201 projects that have been proposed for selection, 98 concern the performing arts, the priority last year. In 2004 the priority will be cultural heritage.


Is Culture 2000 planning a special cultural project for May 2004?

Yes, a special call was launched for a cultural celebration of the next enlargement of the European Union to take place in May 2004. Funding amounting to some €500 000 has been earmarked for a few cooperation projects which aim to highlight the cultural dimension of European Union enlargement.

Which countries are allowed to participate in Culture 2000?

In addition to the 15 Member States of the EU and the 3 EEA countries, the 10 acceding countries and 2 candidate countries (Bulgaria and Romania) are participating in the programme. Cyprus and Malta are taking part for the first time in 2003. More than 130 organisations from these countries will be participating as leading partners and/or co-organisers in the selected projects, a number that has been increasing each year.

A list and a description of the projects for which a contract has already been signed are available on the Culture 2000 programme website at:
http://www.europa.eu.int/comm/culture/eac/culture2000/project_annuel/projects1_en.html http://www.europa.eu.int/comm/culture/eac/culture2000/pluriannuel/projects2_en.html


5. Economic and Monetary Union

Euro Adoption in the New Member States


What is the situation concerning the Euro?

The Acceding Countries enjoy a high degree of openness and integration with the EU. As a consequence, and provided the conditions are right, the vast potential benefits from joining the euro area will outweigh the costs associated with giving up an independent monetary policy and a separate exchange rate.

What are the benefits of joining the Euro?

The benefits are well-known. They stem from a variety of factors, including the elimination of exchange rate risks, the reduction of transaction costs and increased price and cost transparency. They also follow from making the economy less vulnerable to external shocks and from a further reduction of country risk premia.

What is the significance of monetary integration?

Monetary integration is also an important element of the broader European integration process. The single currency serves as a catalyst for further progress in other areas of integration (e.g. completion of the single market, enhancing economic policy co-ordination), and it also contributes to strengthening the shared "European identity" within the Union.

What are the challenges faced by the Acceding Countries?

Three principal policy challenges are confronting the Acceding Countries on the road to euro adoption:

In the context of accession, the countries must further prepare their economies for integration into the EU. This means pursuing policies favouring real convergence. It will be especially important to continue with structural reforms on product, capital and labour markets. This will improve the flexibility of their economies and will strengthen the ability to cope with shocks to economic activity and employment.

The Acceding Countries need to reform and consolidate their public finances. Over the coming years, fiscal policy will face particular challenges.

On the one hand, fiscal policy will need to support the catching-up efforts. This includes coping with expenditure pressures stemming from the completion of transition reforms, from compliance with the Community acquis and from the need for further infrastructure investments.

On the other hand, public finances will have to underpin macroeconomic stability by remaining on a prudent path and avoiding imbalances. Sound public finances are also for the new Member States a pre-requisite to address the longer-term challenges of ageing populations.

Thirdly, countries need both a strong framework for financial supervision, and a careful judgement of their needs for exchange rate flexibility and independent monetary policy. This will determine their strategy with respect to participation in ERM II.

What does participation in ERM II mean?

The ERM II mechanism should not be seen as a mere waiting room for the adoption of the euro. It is first and foremost a tool to assist Member States aiming at euro adoption to implement sound economic and monetary policies that foster price and exchange rate stability. The exchange rate regime should be an integral part of the overall economic, financial and monetary framework of acceding countries. Participation in ERM II can help countries to achieve real and nominal convergence.

Flexibility is an essential ingredient of the ERM II set-up. The exchange rate can fluctuate, and there should be no presumption of intervention within the standard fluctuation margins. If needed, the central rate can be changed by mutual agreement between the parties involved.

Nevertheless, ERM II does not allow for a free float. Within ERM II, exchange rates are not expected to move in a wide range over a long period. Realignments, while possible, should not be common practice. Large, sustained fluctuations and frequent realignments would imply that little, if any, guidance is given to markets with respect to the commitment of the authorities to pursue policies geared towards exchange rate stability. A free float within ERM II would suggest that the exchange rate still plays an important role as a shock absorber or that policies may not be consistent with maintaining a fairly stable exchange rate.

…and how about timing?
The timing of entry and the length of ERM II participation should be determined according to what best serves the needs of the country concerned, determined on a case-by-case basis. Entry soon after accession is clearly an option. It may, however, not necessarily be an optimal strategy, especially if inflation has not yet been brought down sufficiently or if fiscal policy imbalances hamper macroeconomic stability. In addition, depending on the starting position, it may be desirable for the length of ERM II participation to exceed the required minimum period of two years.

For more information on the Euro:
http://europa.eu.int/comm/economy_finance/euro/our_currency_en.htm

Economy

What has contributed to the Member State's economies?

The main tool to stimulate Member States’ economies is the creation of a single market without internal frontiers and a single currency, the Euro. The EU single market has significantly boosted internal trade and job creation through the internal market. The Euro further deepens the functioning of the internal market. After enlargement, the internal market will consist of 450 million consumers.

The creation of a single market such as the free circulation of persons and goods without frontiers has mostly contributed to the economic development of Member States by bringing more competition and benefits in terms of increased efficiency and competition. The single market has been extended into new sectors, for example air transport, telecommunications, energy and financial services that are crucial to the economy as a whole.

How will the single market improve the economic situation?

Local companies will be able to establish trade links in the EU and therefore increase production and create new jobs. The aim of the single market is to make it easier and cheaper for firms to do business across borders, while at the same time reducing paperwork. That is why a single administrative document has been introduced. The internal market aims to remove all physical and technical barriers.

Joining the EU means joining a competitive market. All countries that joined the EU increased their foreign direct investment and their exports and therefore increased their capacity to create jobs.

Is it true that I can export anything, at any time and anywhere in the EU?

Yes, all trade barriers are removed. However products need to fulfil certain conditions related to health and safety, labelling and other relevant single market legislation. Goods must have the highest standards to protect consumers and environment. The consumers need to be sure of their quality.

Is there free trade in services in the internal market?

Yes, free trade in services is one of the basic freedoms inside the internal market. It means that any person or company established in the EU has the right to offer services anywhere within the EU. No restriction is permitted unless this is justified in certain exceptional cases. There can be no discrimination on bases of nationality. Cyprus will liberate the movement of capital at the latest upon accession.

Is there the free movement of capital in the internal market?

Yes, under free movement of capital all restrictions in national law on the movement of capital between the Member States are removed. It also means guarantees for the proper functioning of cross border transfers of money. The fight against money laundering is an essential part of this policy.


Why does the EU have a competition policy accompanying the internal market?

The purpose of internal market is to allow firms to compete with each other but this competition must be fair. Fair competition will be to the benefit of the consumers because it will lead to availability of high quality products against lowest possible rates. The EU rules relate to the prohibition of anti- competition agreements between firms; to mergers, to undue competition of monopolies and to state aid. State aid is only possible in certain exceptional circumstances.


What about the Euro (€)?

The Euro is a legal consequence of the single market. The Euro leads to price transparency in the single market. On 1 January 2001 the Euro replaced local currencies in 12 EU Member States. Sweden, Denmark and the UK are the only three Member States who do not use the Euro. For new Member States the changeover to the Euro will not happen immediately upon membership but requires at least two years of EU membership in order to allow certain adaptation and certain requirements to be fulfilled. After that the introduction of the Euro can be considered if Cyprus complies with the Maastricht criteria. For example the fiscal deficit needs to be 3% of GDP. The Euro does not only bring stability to the economy but it also facilitates travel within Member States as only one currency is used.

What is the function of the European Central Bank (ECB)?

The ECB sets monetary policy for all the EU countries that have adopted the Euro. It works with national central banks within the European System of Central Banks. It has exclusive rights to authorise the issue of banknotes within the EU, a role that it shares with national central banks. The ECB’s Governing Council includes the ECB president, the 12 heads of the national central banks participating in the euro-zone and five other full-time members of the executive council.

For more information http://www.ecb.int/

How does the EU secure value for taxpayers’ money in the single market?

The EU has established a set of rules, which public authorities such as national governments need to apply in case of buying goods and services (public procurement rules). These rules insure that when the government buys staples, computers or power stations the best product is being bought at the best price.

What is the role of the EU in the banking sector?

The EU created a single market amongst its member countries and this also applies to the banking sector. Banks and other credit institutions can set up branches and offer services in any EU country. EU rules on banking ensure that banks operate under high standards and strict supervision. EU banking rules harmonise laws and practices on access to banking activities, the capital required to set up a bank and on the publication of accounts by banks. They also establish home-country control, which means that in principle banks are supervised by the competent authority in the country where they obtain their licence and in which their registered office is located.

How else will economic development be promoted?

Economic development will also be promoted through the EU's regional policy. A third of the entire EU budget is allocated to the Structural Funds, which promote growth and jobs, as well as investment to improve transport and the environment.

These grants will stimulate economic and regional development and strengthen investment and administrative capacity to implement various EU policies and programmes. Further more the European Investment Bank provides loans at special rates to promote economic development especially infrastructure works .

What is meant by structural funds?

The overall aim of the funds is to improve the economic situation in the various regions, in the Member States through grants.

There are various structural funds namely the regional, social, and cohesion fund. The regional fund is the fund from which projects for EU regional policy are funded, for example urban renewal, SME's, business development and infrastructure. Under the social fund projects are funded to improve labour skills, life long learning, re-integration of long-term unemployed persons in labour market and to promote e-learning. The cohesion fund finances infrastructure projects in the field of transport and environment.

Projects eligible for financial support are roads and other infrastructure works such as in the field of waste management and environment. Cyprus will receive around 100 million for the period 2004-2006 under the structural funds. This figure will increase after a solution of the Cyprus problem.

What is the European Investment Bank (EIB)?

The EIB is the financial institution of the EU. It funds projects that promote economic development and an innovative knowledge-based economy. Projects such as hospitals, universities, sewage plants and landfill can be funded. The EIB’s shareholders are the member countries of the EU and it has no commercial resources from savings or current accounts.

For more information: http://www.eib.org

What is the procedure for obtaining a loan from EIB?

There is no standard procedure, official application form, questionnaire or required documentation for a first presentation of a project to the Bank. Initial contacts to discuss a proposed project can be in any form, by telephone, fax, e-mail or letter. For such first contacts, the project promoter should provide sufficient information to allow verification of compliance of the investment with EIB’s objectives and have a well-developed business plan.

The EIB reviews the promoter’s own comprehensive feasibility studies, and make a preliminary assessment of the technical, environmental, economic, financial and legal aspects of the project. This is then followed up with a detailed appraisal by an EIB project team, consisting of an economist, an engineer and a loan or contact officer within the EIB in order to form its own opinion. If the EIB review has a satisfactory outcome a loan proposal will be put forward for approval by the Bank’s Management Committee to the EIB Board of Directors. Once approved by the Board, the loan facility can be drawn down in one or a number of instalments according to the borrower's requirements, usually starting within 12 months of the approval date.

The EIB has been very active in Cyprus. The Kouris dam as well as the University of Cyprus and other projects have profited from EIB funds.

Do the EU countries have trade arrangements with non-EU countries?

The EU supports global, sustainable free trade within the World Trade Organisation. It has trade agreements with more than one hundred countries around the world. For instance, it has free trade agreements with Lebanon, Egypt and other Southern Mediterranean countries, including Israel. It has a Customs Union with Turkey to allow free circulation of industrial goods. The EU also launched a trade initiative called "Everything but Arms". This allows duty-free access to the EU for 77 countries from Africa, the Caribbean and the Pacific in everything except armaments. These countries could be possible sources of raw materials, as well as new markets for the end product that you produce.

For more information on Economic and Monetary Affairs http://europa.eu.int/pol/emu/index_en.htm

The EU Budget

Where does the money come from?

Since the reform of the budget in 1970, the European Community has its own resources to finance its expenditure. There are different types of resources to which the European Community is entitled without any further decisions by the national authorities. In 2004, 73.4% of the revenue of the EU budget will come from the Gross National Income (GNI) based resources, 1.3% from agricultural duties, 10.4% from customs duties, 14.1% from the VAT based resources.

The own resources system is laid down by Council decision, the last one dating from 29 September 2000 http://europa.eu.int/comm/budget/financing/index_en.htm

Where does the money go?

Nearly 44% of the 2004 budget goes to agricultural aid granted under the EAGGF Guarantee Section (European Agricultural Guidance and Guarantee Fund). The structural operations, structural and cohesion expenditure, account for 34% of the budget. Other areas of expenditure are external action at 7%, internal policies at 7% and administrative expenditure at 6%.

Who decides the annual budget?

The Council and the European Parliament are the budget authority for the EU budget. The Commission makes a proposal, Council and EP each have two readings of the budget. Council has the last word on some type of expenditure, mainly agricultural and EP on other. This procedures streches from May to December of each year.

What is meant by "net contributions"?

"Net contributions" is neither a technical nor a legal term. Since the European Community is endowed with own resources, there are not strictly speaking any contributions by the Member States. But in practice, the amount of funds coming from a Member State can be calculated and compared with the funds received by that Member State under various Community programmes. This information is published annually in the report on annual expenditure broken down by Member State of the EU.

However, this is a purely technical exercise which cannot take into account the other advantages of belonging to the European Community, such as economic integration or geopolitical stability.

http://europa.eu.int/comm/budget/agenda2000/reports_en.htm

Who spends the money?

The Commission is responsible for implementing the budget, complying with the Financial Regulation and subject to the control of the Court of Auditors and the European Parliament. Article 274 of the Treaty provides that "The Commission shall implement the budget, ....on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management".

While direct management is the rule, in practice, however, the Commission relies on the Member States for the management of certain policies. Thus agricultural expenditure and regional policy expenditure is handled in the Member States by national or local bodies authorised for that purpose under the conditions set out at Community level. Subsequently, the Commission in partnership with the Member States checks that the projects are properly carried out and the money is well spent.

What is the ceiling for the EU budget?

The ceiling of the own resources, the maximum that member states will contribute is at 1.24% of EU Gross National income (GNI). The ceiling in the financial perspectives might stay below this absolute ceiling, to leave some room for unforeseen expenditure. The level of the annual budget usually stays below both these ceilings.

What is an appropriation for commitment?

Appropriations for commitment are the amounts authorised for new programmes or projects that can be entered into in a given year. They create a commitment from the EU towards a beneficiary.

What is an appropriation for payment?

Appropriations for payment are actual money, cash, to be financed from the member states and that can be spent in a given year. Appropriations for commitment and for payments differ, because multi-annual projects are usually committed in the year they are decided and are gradually being paid over the years as the implementation of the project is progressing. As a general rule, appropriations for payments are lower than appropriations for commitments, because the EU budget is growing and some projects do not materialise.

The financial perspectives

What is the financial perspectives?

The financial perspectives is a multi-annual framework which sets limits on European Union expenditure. It is compulsory in the sense that the financial perspectives must be respected in the annual budgetary procedure. It is agreed by the European Parliament, the Council and the Commission and lays down, subject to the ceilings on own resources assigned to the EU, maximum amounts by major heading of expenditure within which the annual budget must be established over the period in question.

It translates into financial terms the priorities set for the Union's policies and is at the same time an instrument of budgetary discipline, and it also determines the limits on the financing of the EU budget.

What is the purpose of the financial perspectives?

The main purpose is budgetary discipline, i.e. to ensure that the evolution of budgetary expenditure is controlled. Other purposes: predictability of European expenditure on the mid-term; better cooperation between the institutions during the annual budgetary procedure.

The political and institutional balance in the Community's financial set-up had been gradually deteriorating during the 1980s. This period was marked by ever increasing strains which made it more and more difficult for the annual budgetary procedure to function properly and left resources less and less consistent with the Community's needs. This succession of budgetary rows prompted the Community institutions to agree on a method to improve the operation of the budgetary procedure while at the same time guaranteeing that budgetary discipline would be maintained.

What is the procedure for adoption?

The current Financial Perspectives table is an integral part of an Interinstitutional Agreement The Inter-institutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure OJ C 172, 18.6.1999.

http://europa.eu.int/comm/budget/pdf/financialfrwk/aii1999/aiifr.pdf by which the European Parliament, the Financial Perspectives sets out the maximum amount and the make-up of the Community's planned expenditure.
The European Council Heads of State and Government of the EU member states decides at unanimity on the figures, on the basis of a Commission proposal. The European Parliament must give its consent. The European Parliament gives its consent when it approves a text at the majority of its component Members (315 votes is the minimum). It can approve or reject, but cannot modify the text.

The new financial perspectives

The Commission launched the political debate on the new financial perspectives on 10 February 2004.

The Commission will make a formal proposal before the summer break. The aim is for adoption in the first semester 2005.

Is it possible to change the financial perspectives after their adoption, for instance if amounts prove insufficient?

The yearly technical adjustment takes into account Gross National Income (GNI) and inflation developments. A so-called revision is possible, under strict conditions, on proposal by the Commission to be approved by Council and Parliament. However this happens very rarely.

What is the legal framework of the Financial Perspectives?

The financial perspective figures are established by an Interinstitutional agreement, i.e. a common decision taken by the Commission, the Council and the Parliament. They are not mentioned in current treaties.

What did the Convention on the future of Europe propose regarding the financial perspectives?

The Convention on the future of Europe proposed, in its draft Constitution, that the financial perspective be integrated in the future Constitution, under the new name of 'multiannual financial framework'. This is a recognition that the financial perspective has been efficient and that it should have a permanent basis. The draft constitution provides for the existence of the financial perspective in the form of a European law of the Council, to last for a minimum of five years. The draft also provides that the first Financial Perspectives after adoption of the Treaty will be decided by the Council acting unanimously.

Duration of the next Financial perspectives?

The next financial perspective will start in January 2007. The duration on the past has been for either five or seven years. The Commission proposes to move towards a duration of five years for better alignment with the duration of the mandates of the Commission and the European parliament, even if this needs another period of seven years for the next financial perspectives

Where can I find the interinstitutional agreement currently in force?

The current FINANCIAL PERSPECTIVES 2000-2006 was established in the IIA of 6 May 1999 and published in the Official Journal of the European communities (OJ n° C172 of 18.6.1999). It is available on DG Budget's website:

http://europa.eu.int/comm/budget/pdf/financialfrwk/aii1999/aiien.pdf

What is a heading?

A heading is a component of the financial perspective, its structure. In the Finacial Perspectives the major categories of Community expenditure are broken down in headings: each of these headings carries a maximum amount in commitment appropriations for each year. Its purpose is to identify one core objective of the European Union action for the period concerned. Ex: heading 1 is devoted to competitiveness.

The classification of Community expenditure by Financial Perspectives heading is based on a policy approach. The distribution of total expenditure between the various headings must therefore reflect the major political priorities set for the period. Since 1988, budgets have accordingly been systematically arranged by Financial Perspectives heading so that it is easier to see what resources have been allocated to achieve these policy priorities:

What is a ceiling?

A ceiling is the maximum amount entered under a specific heading for a given year.

The Financial Perspectives differs from indicative financial programming in that the ceilings are binding on the parties to the Interinstitutional Agreement. But it cannot be regarded as a multiannual budget as the annual budgetary procedure is still essential to determine the actual level of expenditure beneath the ceilings and in particular to allocate amounts between the various budget lines.

Education

What is the role of the EU in the national education system? How will education be affected by membership?

The role of the EU in the area of education is very limited and the formulation of educational policies is very much left in the hands of Member State governments at national level. After all, educational policies often reflect cultural and traditional diversity between different countries. The EU has no say, for example, on the setting of a national curriculum, on the content of the courses taught or in the choice of language used during classes. Therefore, it will remain up to national authorities to set the national curriculum. There is no common EU curriculum. Students in secondary and tertiary education can participate in exchanges in other EU countries.

Are there any EU laws on school fees?

No. It is up to each country to decide whether schools should be free of charge and there are no laws on fees charged by private schools. The EU only comes in to ensure equal treatment between nationals of different EU countries. EU law exempts education from VAT.

Is it true that once in the EU it will be cheaper to send my children to study abroad?

Yes. Today, non-EU students who study abroad, in countries like the UK, must pay higher tuition fees. In some cases the difference in price of courses can be as high as three times or even four times as much. After membership, students will pay the same rates as students in that country and they cannot be treated any less.

Does the EU have a say in setting the school-leaving age?

No. This is decided by national governments. Within the EU, the minimum age of school leaving ranges from 14 years to 18 years, but this is not set by the EU.

As an EU citizen, will I need a visa for the purposes of studying?

This will no longer be required because you will be entitled to the right of residence in the EU country where you want to study.

What EU educational programmes exist?

The EU wants to promote mobility through education and improve knowledge of European languages. It wants to bring young people together. It wants to stimulate the skills of young people.

The educational programmes SOCRATES and LEONARDO DA VINCI promote exchanges of students and teachers as well as an exchange of information on curriculae. In total 1 million students have been exchanged. A new worldwide exchange programme is being set up.

Socrates: http://europa.eu.int/comm/education/programmes/socrates/socrates_en.html

Leonardo: http://www.europa.eu.int/comm/education/leonardo/leonardo2_en.html

What is COMENIUS?

COMENIUS is an EU education programme specific for children, schools and teachers. It aims to enhance the quality of teaching, strengthen its European dimension and promote language learning. It also focuses on other issues such as learning in a multi-cultural framework, support for disadvantaged groups and tackling under-achievement and exclusion at school.

Are there any training programmes for lawyers?

Participation can take place in the GROTIUS programme. This is designed to assist judicial co-operation and improve legal practitioners’ knowledge about the legal and judicial systems in EU countries. Legal practitioners can, through this programme, benefit from training programmes, exchanges and traineeships at national or international courts.

As an engineer can I get help to carry out an innovative research project?

The EU has a research programme through which it supports research projects that deal with things such as competitive and sustainable growth. Projects could involve research on efficient production, including design, manufacturing and control of improved combinations of products and services including engineering. Research can also be undertaken in the areas of information and communication technology. The aim is to foster the creation of a new generation of user-friendly services in various sectors such as environment, transport and tourism.

For more information

Education & Training: http://europa.eu.int/comm/education/index_en.html
Youth Action Programme 2000-2006: http://europa.eu.int/scadplus/leg/en/cha/c11603.htm

Lecturers & Education

Will anything change in our conditions of work?

Cypriot law already covers conditions of work in several respects, it has now been updated taking into account EU standards. The new rules cover issues such as gender equality, sexual harassment and parental leave. Maternity leave has been increased to fourteen weeks, although the extra week has been granted as unpaid leave. New rules also cover issues ranging from part-time work, information and consultation of workers as well as health and safety.

What about Summer holidays? Will these change in any way?

No. Summer holidays for lecturers will not change because of EU membership. Issues relating to Summer holidays and half-days are not affected by EU law.

Does the EU regulate course content?

No. The role of the EU in the area of education is limited and the formulation of educational policies is very much left in the hands of EU countries at national level. Setting the course content would therefore remain in the hands of the Cypriot government. There is however some regulation in the case of the content of tertiary level courses in seven sectors, namely with regards to doctors, dentists, nurses, midwives, veterinary surgeons, pharmacists and architects. There are separate EU directives that refer to the training requirements for each sector. These directives have been drawn up in order to facilitate the free movement of these professions across the EU and to allow automatic recognition of their qualifications. Nonetheless, there may still be some discrepancies regarding the length of the course, training, practice and so on, across the EU Member States. In this case, one may therefore be asked to sit for an aptitude test or to undergo an adaptation period. Through this system, the EU has sought to keep a balance between the principle of free movement of persons, which remains one of the core principles in the Union and the right of every state to retain control of its standards with regards to education and qualifications.

What about the language used in the lecture room?

It is up to each country to choose the language that is used in the lecture room. Children of EU citizens who are working in another EU country must be helped to learn the official language of that country. For Cyprus, it is up to the Cypriot educational institutions to decide whether knowledge of the Greek language should be an entry requirement for certain institutions.

When Cyprus joins the EU, will I be able to work abroad?

Yes. Citizens of countries that are members of the EU have the right to work in any EU country of their choice. Upon membership, Cypriot citizens will be able to seek work in all EU countries, including all the new members, as well as Norway, Iceland, Liechtenstein and Switzerland. They will also have the right to take their spouse and children. To be able to work in these countries they will no longer need to apply for a work permit as they do today. They just need to obtain recognition of one’s qualifications.

Will my qualifications be automatically recognised abroad?

Besides the system of automatic recognition of qualifications mentioned above with regard to seven specific professions, the EU has a General System for recognition of qualifications in the EU. This system, which also covers lecturers, lays down the rules for recognition. If you want to work abroad, you must apply to the authority in that country that is responsible for the recognition of qualifications. After comparing your qualifications and experience to those in that country, you will be granted recognition to work as a lecturer. If the authority concludes that some basic components of training are missing, it can ask you to sit for an aptitude test or to undergo a period of further training. This process can take around four months and a fee may be charged when you apply for recognition. You cannot be refused a job simply on the grounds that you are not a national of that country. Nor can you be refused on the grounds that your qualifications were obtained in Cyprus.

How will I know what laws will apply in that country?

For a quick look at your rights and obligations when seeking employment in another EU country go to: http://citizens.eu.int/en/en/gf/wo/be/topic.htm

What about lecturers from the EU who seek work in Cyprus?

Upon membership lecturers from EU countries will be able to seek a job in Cyprus provided, of course, that their qualifications are recognised. However, as a result of negotiations on this point, for a period of seven years after membership, lecturers from the EU would still require a work permit to be able to work in Cyprus. This can be withheld if their number poses a serious threat to local jobs.

Can lecturers participate in the EU education programmes?

Yes. The EU has developed the SOCRATES programme which encourages educational establishments across Europe to work together on a common project. In the case of post-secondary lecturers, the relevant Socrates programme is called COMENIUS. Grants are available, for example to enable you to participate in in-service training courses lasting between one and four weeks in another European country. If you teach a foreign language, the courses last between two and four weeks and take place in the country where the target language is spoken and taught. The course may take the form of a placement in commerce or industry, or a public or Non-Governmental Organisation (NGO).

EU Education Programme
Socrates: http://europa.eu.int/comm/education/programmes/socrates/socrates_en.html
Comenius: http://europa.eu.int/comm/education/programmes/socrates/comenius/index_en.html

If you are a University lecturer you are eligible to participate in another action within the Socrates programme, specifically targeted at tertiary education, ERASMUS. The Erasmus programme may provide you with the possibility to carry out a teaching assignment in a University of your choice in Europe. Besides the possibility of carrying out a teaching placement abroad, you may also be interested in developing study programmes with European partners or Intensive Programmes and joining or creating a Thematic Network with University departments and faculties in Europe. The aim of this cooperation is to develop a "European Dimension" within the entire range of a university's academic programmes.

Erasmus: http://europa.eu.int/comm/education/programmes/socrates/erasmus/erasmus_en.html

And what about the EU training programme?

Apart from the Socrates programme, lecturers may also participate in the LEONARDO programme that focuses on training. Through the Leonardo programme, you may carry out a training placement within a European organisation of your choice for a period between 3 weeks to 1 year. You may also wish to create training placements abroad for the students you lecture and the aim of the EU Leonardo programme is to enhance the participant’s vocational training skills. Training placements are also available to students and you may create the possibility for your students to carry out a training period abroad that would complement their studies.

EU Training Programme (Leonardo): http://www.europa.eu.int/comm/education/leonardo/leonardo2_en.html

Is it possible to carry out a research fellowship abroad through EU programmes?

Yes. The EU’s research programme, known as the Sixth Framework Programme, promotes the mobility of researchers. Through FP6, it is possible for you to carry out a research fellowship in a research institute in Europe. Moreover, Cypriot research institutes may choose to host researchers from abroad. The aim of these fellowships is based on the premise that due to the increasing complexity and interdependence of modern research, a strong international component is essential. As a lecturer you may also wish to participate in the Sixth Framework Programme project through which entities across Europe are encouraged to develop their scientific excellence and competitiveness. The Sixth Framework Programme has set a number of priority areas which are targeted to receive EU support. These include life sciences, genomics and biotechnology for health, information society technologies, nanotechnologies, multifunctional materials and new reproduction processes, aeronautics and space, food quality and safety, sustainable development, global change and ecosystems, and citizens and governance in a knowledge-based society.

EU Research Programme (Sixth Framework Programme): http://europa.eu.int/comm/research/fp6/index_en.html

Is it true that the University of Cyprus will have to start charging a tuition fee for Cypriot students?

No, not at all. There is no obligation to do so and it is entirely up to the Cypriot authorities to decide on this matter. Currently, the University of Cyprus does not charge tuition fees for normal courses available to Cypriot citizens. It is also important to note that under EU law, stipends can continue to be reserved only for Cypriot students. It should also be noted that financial assistance from EU Structural Funds can also be used in the area of education.

Students

Which EU educational programmes can students participate in?

The EU has a number of educational programs, which Cypriot students can participate in according to their age group.

SOCRATES http://www.moec.gov.cy/programs/main.htm e-mail:minedu@cytanet.com.cy

LEONARDO DA VINCI http://www.kepa.gov.cy/leonardo/ e-mail: ldvcy@cytanet.com.cy

YOUTH e-mail: youth@cytanet.com.cy

Studying in the EU after membership

What will my rights be if I want to follow an entire course of studies in another EU country?

As a citizen of an EU country, you will have the right to reside in another EU member state of your choice in order to study. You are also entitled to be treated in the same manner as students of that country.

Will I need a visa for the purposes of residence?

Once Cyprus is in the EU this will no longer be required in the 25 Member States because Cypriots will be entitled to the right of residence, subject to a residence permit, in the country where they want to study.

Are my Cypriotacademic qualifications automatically recognised in the EU?

No. Not automatically. The EU does not regulate academic recognition, that is"O" or "A" levels and other academic certificates. You must still apply for recognition of your academic qualifications with the educational establishment where you want to study and it is up to it to accept or reject your application. Although the EU imposes no obligation on educational establishments to recognise academic qualifications, it does encourage them to co-operate in this field. In order to facilitate recognition, the EU set up NARIC, which is the network of ‘National Academic Recognition Information Centres’.

Working in the EU after membership

Will I be able to seek work in another EU country?

Yes. After membership,Cypriot citizens will be able to move freely throughout all EU countries for the purposes of work, study, training or even for simple residence. If you want to work, you will not need to apply for a work permit as is the case now. You simply apply for the job. If you are studying in another EU country you have the right to seek work, for instance, on a part-time basis.

In which countries would I be able to seek work?

After membership you may seek work in all the fifteen EU countries, in all the new EU members that will be joining with Cyprus, in Iceland, Liechtenstein and Norway, which are part of the European Economic Area (EEA). This right will apply to Cypriot citizens from the first day of membership, without any restrictions. For more information about job opportunities and conditions of work in these countries, you can access EURESMore information on Eures: http://europa.eu.int/comm/employment_social/elm/eures/en/index.htm

The EU and Education

What is the role of the EU in the national education system?

The role of the EU in the area of education is very limited and the formulation of educational policies is very much left in the hands of member state governments at national level. After all, educational policies often reflect cultural and traditional diversity between different countries. The EU has no say, for example, on the setting of a national curriculum, on the content of the courses taught or in the choice of language used during classes.

So what is the role of the EU?

The EU’s role in education is to support and complement action taken by the member states in achieving a high level of education across Europe. Particular emphasis is made by the EU on life-long learning. To this end, the EU has spelt out a number of principles on issues such as equality of opportunity, illiteracy and safety in schools, which the member states are expected to incorporate in their national policies.

Participating in EU Education programmes

What is SOCRATES?

SOCRATES is the EU’s educational programme and involves 30 countries across Europe. SOCRATES seeks to encourage European co-operation in all areas of education, by encouraging mobility and innovation, as well as promoting language learning and teaching. It comprises eight separate actions:

COMENIUS: school education (nursery school up to post-secondary education)

ERASMUS: higher education

GRUNDTVIG: adult education

LINGUA: learning European languages

MINERVA: information and communication technologies in education

Observation and innovation of education systems and policies.

Joint actions with other European programmes.

Accompanying measures ex: conferences and symposia.

For more information on Socrates and the eight parts that comprise it:

http://europa.eu.int/comm/education/programmes/socrates/socrates_en.html

Ministry of Education and Culture, Socrates Unit http://www.moec.gov.cy

minedu@cytanet.com.cy

What about research?

The EU finances a research programme, which seeks to foster European co-operation in any research field. A new research programme, the Sixth Framework Programme replaced the Fifth Framework Programme in 2003. The EU’s research programme, through the Marie Curie Fellowships, provide pre- and post-doctoral researchers with placements in a research institute or University, or in an industrial or commercial environment in Europe.

What about training?

The EU’s LEONARDO DA VINCI Programme provides students, trainees, graduates, the unemployed, and others, the possibility of carrying out a work placement in Europe. Individual applicants are not eligible to apply for participation. All applications must be put forward by a public or private organisation. Upon completion of the placement, the trainee is awarded the Europass document that certifies the training undergone during the placement.

Studying in the EU after membership

What is meant by "equal treatment" for students?

It means that students studying in another EU country must benefit from the same treatment as students who are nationals of that country. If, after membership, you choose to follow a course in the UK, you will enjoy the same rights and obligations as those of a British student. This includes tuition fees. This also applies to EU students studying in Cyprus.

Do I have any rights relating to health care?

Students, as well as their spouses and children, studying in a Member State other than their own are entitled to basic health care, provided that they fill in the necessary forms before. This is the E111 form, which is only valid for a limited period.

What are my obligations?

First of all, you must be enrolled in a recognised educational establishment. The right of residence will be determined by a residence permit that is limited to the duration of the course of studies, or to one year, if the course is longer. In the latter case, the permit is renewable annually. The same applies to the spouse and children of the student who are living in that same state. Furthermore, you may not pose a financial burden on the EU country where they study and in particular, you may not burden the social security system of that country. This means that you need to have the financial means to live there. The same applies to EU students studying inCyprus.

Will scholarships continue to exist after membership?

EU membership will not affect the granting of scholarships. Scholarships are usually granted on the basis of a bilateral agreement between Cyprus and the respective country. Therefore accession to the EU should not change any of the existing or future bilateral arrangements.

Working in the EU after membership

Can I get help to look for a job abroad?

Yes. There is EURES, which is a co-operation network that brings together the European Commission and the public employment services of the EU countries. It assists potential mobile workers by providing access to information on job opportunities and living and working conditions in the EU. Moreover, it also assists employers to recruit workers from other countries.

What about professional recognition? Are qualifications recognised by another Member State for the purposes of work?

The EU has a set of rules on professional recognition of qualifications. ‘Professional’ includes any job whatsoever which requires some kind of qualification.

Firstly, the EU distinguishes between regulated professions and unregulated ones. It is up to the individual Member State to decide on whether a particular job should be regulated in its territory. If a profession is not regulated, then there is no question of recognition at all because there are no qualifications required. In such cases, any EU citizen may apply for that particular job without the need to seek any recognition.

If a profession is regulated, then the EU applies a system that ensures that the professional qualification is recognised in all EU countries. To take an example, if upon membership, a Cypriot architect possesses the necessary qualifications to work in Cyprus as an architect, then s/he is considered as being also qualified to work as an architect in another Member State. Nevertheless, the person would have to apply for recognition of qualifications with the national authorities of the country in which s/he would like to work. In deciding whether recognition should be granted, the national authorities verify whether there are any significant differences with regard to length or content of the course. However they cannot contest the qualification as a whole. If there are significant differences, the authorities of that country may request the applicant to complete an adaptation period or to sit for an aptitude test.

Apart from this system, the EU has also drawn up rules on recognition in the case of seven specific professions. These are known as sectoral directives and grant automatic recognition only in the case of doctors, nurses, midwives, veterinary surgeons, dentists, pharmacists and architects.


7. Enterprises

SME's

What are the EU's views on SME's?

The EU's policy for SME's aims to improve the formulation and coordination of enterprise policy across the internal market with a view to supporting the development of SME's. In doing so it seeks to improve the overall business environment in which SME's operate. SME policy consists largely of consultation for Community programmes, as well as of communications, recommendations and exchanges of best practices.

There are various tools to bring SME's together such as Euro Info Centres, Innovation Relay Centres and enterprises specializing in renewable energy. The EU has requested that the national governments take away as many obstacles as possible for the creation of SME's especially to make credit schemes available and reduce paperwork (deregulation).


What is the significance of internal market for SME's?

Through the single market new export markets are opened to SME's, previously this would have been prevented because of costs involved and administrative barriers (paper work). SME's have also benefited from lower electricity costs as a result of liberalisation of electricity markets.

How will the EU affect retailers?

Small shop operators are not affected by membership as directly as sectors, which require to adjust and gear up for competition, such as companies where protection will be removed or the agricultural sector. But membership will affect small businesses positively.

Will my shop licence change?

No. The EU has no specific rules on shop licensing. Each country has its own system. What concerns the EU is simply that there should be no discrimination in treatment between citizens of different EU countries who apply for a licence. This means that EU citizens who apply for a licence cannot be preferred simply on the basis of nationality.

Is it true that the number of shops can be limited?

It is up to the Government of each Member State to make the necessary adjustments. The point is that if the authorities want to issue new licences, they cannot discriminate in favour of an applicant at the expense of a person who comes from another EU country.

Will machinery and equipment that are not in line with EU standards have to be changed?

No. What will be required is that new machinery bought, should be in line with EU standards. If equipment and machinery that are not in line are being used, it is still possible to continue to use them, although one must be careful that these do not pose risks to the health and safety of workers. Second hand equipment or machinery that is not in line with EU standards can be bought and sold, provided that this is done only from other EU countries.

Will I have to start paying higher wages to my employees?

The EU does not get into issues of wages and salaries. This depends on the economic situation in the country and of the individual business itself. Different EU countries have different levels of pay. The same applies for overtime rates.

For more information on EU enlargement: What can enterprises in the new Member States expect?

http://europa.eu.int/comm/enterprise/library/enterprise-europe/news-updates/enterprise-policy/2003/20030328.htm

For more information on Enterprise http://europa.eu.int/pol/enter/index_en.htm

8. Employment and Social Affairs

Employment & Pensions

What does the free movement of persons entail after membership?

The principle of freedom of movement of persons is intended to abolish any discrimination based on nationality between workers of EU Member States as regards employment, remuneration and other conditions of work and employment. After enlargement to 25 countries new EU citizens will have the right to seek work in all EU countries, as well as in Norway, Iceland, Liechtenstein and Switzerland. To work abroad, they do not need to apply for a work permit. They will be able to move freely throughout all EU countries for the purposes of work, study, training or even for simple residence.

Can I get a job in an EU country before going there?

Yes. There are various ways to do that. The EU has a co-operation network called EURES, which brings together the European Commission, and the public employment services as well as other regional and national bodies concerned with employment issues. EURES assists potentially mobile workers on job opportunities and living and working conditions in the EU and some other countries. Of course, you can also consult newspapers of the country where you would like to work or the internet.

EURES: http://europa.eu.int/eures/index.jsp

Will it be possible for EU citizens to work in Cyprus?

Yes, for the moment. It needs to be pointed out that the transitional agreement does not apply to Cyprus. Thus, there will be complete free movement between current Member States and Cyprus and indeed the future Member States and Cyprus.

Do I need to have qualifications to work abroad?

It depends on the type of work you want to do. If the job does not require any qualifications, then you can simply apply for it. If, on the other hand, you want to work in a profession or in a trade that requires certain qualifications, then you will need to produce your qualifications. In this case, qualifications that you obtained in an EU Member State will be recognised abroad. The EU is working on a more uniform and flexible regime for the recognition and qualifications in professions based on the European labour market policy “open for all, with access for all.”

Are diplomas issued from different Member States recognised?

Some EU countries require diplomas, titles, certificates or other special qualifications as a condition of access to certain salaried and self-employed occupations. In order to facilitate the recognition of diplomas and training the EU has set up systems for recognising diplomas and training that enables any EU citizen to make full use of their training and skills in another EU country. The basic principle is that, if an EU citizen is qualified to exercise a profession in their home country, they are qualified to exercise the same profession in any other EU country.

A general system for recognition of qualifications that is applicable to most regulated professions has been put in place across the EU. So, if you wish to work in a profession (as a teacher, lawyer, engineer or psychologist, for example), which is regulated in the country of employment, you must apply for recognition of your qualifications in that country. If they consider that your training is significantly different, in terms of duration or content, from that given in the host country, you may be asked to obtain either additional professional experience completing your training, or to take a training course, or to take an aptitude test.

Does the EU have any specific laws on architects?

Yes. The EU has a specific directive on architects which deals with their right of free movement within the EU. Architects are one of seven professions whose recognition is directly regulated at EU level. (Doctor, dentist, nurse, veterinary, pharmacist, midwife are the six other regulated professions). The law specifies the kind of training that is needed for an architect to be recognised in any member country of the EU.

Is there a specific EU law on doctors, dentists and pharmacists?

Yes. The directive on doctors, dentists and pharmacists refers to the free movement of these categories, both those seeking employment as well as those wishing to be self-employed. It outlines the training requirements that dentists must fulfil and the professional name and title in the different countries so that co-ordination and recognition are facilitated. The directive also stipulates the setting-up of a competent authority, which issues the qualifications and equivalence certificates while also receiving and verifying documents of people wishing to practise the profession locally.

What will change with respect to conditions of employment for our company’s employees?

EU law states that workers cannot be obliged to work more than 48 hours every week unless they specifically agree to do so. If they agree, they can work longer hours provided that this does not pose a risk to them or their co-workers. The 48-hour week is calculated over a reference period of four months, or, in the case of the manufacturing industry and tourism, over a reference period of twelve months.

Will pay increase if we join the EU?

The EU does not decide on pay levels. Salaries and wages are different in different EU countries. More likely this would depend on the progress of economic development. If the new Member State improves its economic performance then its citizens should expect their pay to go up.

How does the EU regulate health and safety at work?

There are very strict regulations on health and safety at work, which will apply after the accession to the EU. They aim to protect welfare of workers. As an example, we can show the obligatory wearing of protection (e.g. helmets, special clothes, earplugs). Moreover, work in laboratories can only take place in specific and protected conditions.

Is unemployment in EU countries high or low?

In September 2003, lowest rates were registered in Luxembourg (3.8%), the Netherlands (4.2% in August), Austria (4.5%) and Ireland (4.7%). Spain’s 11.2% remained the EU’s highest rate. Among the twelve Member States for which data are available for the most recent two months, ten recorded an increase in their unemployment rate in the last twelve months. The Netherlands (2.8% in August 2002 to 4.2% in August 2003), Portugal (5.4% to 7.4%) and Luxembourg (2.9% to 3.8%), recorded the most important relative increases. Spain's rate fell from 11.5% to 11.2% and Finland's from 9.1% to 8.9%.

Will unemployment benefits increase if we join the EU?

It is up to individual countries in the EU to decide on the rates of unemployment benefits as well as on who qualifies for unemployment benefit and how the system operates.

What is the EU doing to combat unemployment and promote employment?

The EU has a European Employment Strategy, part of which caters for employability that is to say to help workers to be better prepared for work. Under the European Social Fund -ESF, the EU offers financial assistance for projects which develop and promote the creation of jobs and training. ESF also supports individuals and organisations for reconciling work and family life.

How is the unemployment of youth tackled?

Special attention is given to combat unemployment of young people. The aim is for every country to ensure that every unemployed young person is offered a new start before six months of unemployment. This is to be in the form of training, retraining, work practice, a job or other employability measure, including accompanying individual vocational guidance and counselling with a view to effective integration into the labour market.

Will anything change in the court administration?

Although the EU does not determine how the judicial system should operate, it does insist on efficiency in enforcement of law and in the administration of justice. To this end, further administrative support to the judiciary is envisaged.

How does the EU affect pensions?

Everyone who works is entitled to a pension. It will continue to be up to the government of the Member State to decide on pensions and pension rates. These are not affected directly by membership. Pension rates are different in different EU countries.

Does the EU regulate the retirement age?

The EU does not regulate the retirement age and it is up to individual member countries to decide. EU countries have already individually raised their retirement age to 65 (for men) - the only exception is France where it is still at 60 years. It is up to the Member State to decide. The EU has a law stating that an employer cannot discriminate against a person on grounds of age when recruiting people.

As in the case of the Netherlands: the retirement age for men and women under the State pension is 65. The old age pension is dependent on the pensioner's status and not related to earnings (”flat rate”). As of January 2000 single persons get EUR 9.412 (holiday allowance excluded) per year, co-habiting persons get EUR 13.049. A lone parent with a child younger than 18 years receives EUR 11.731. These are the maximum amounts paid after 50 years of insurance, that is 50 years of residency. The pension is reduced by 2% for every year below that period.

If an EU citizen goes to retire in a different Member State, who pays him his pension?

A pension is paid by the Member State a person has worked in and paid social security contributions.


For more information on Employment and Social Affairs: http://europa.eu.int/pol/socio/index_en.htm

Free movement of workers

What does freedom of movement entail after membership?

Free movement of persons is one of the fundamental freedoms guaranteed by Community law and includes the right to live and work in another Member State. It is an essential element of the Internal Market and of European citizenship. After enlargement on 1 May 2004, there will be transitional periods limiting the free movement of workers from new Member States, which have been set out in the Accession Treaty.

What are the transitional arrangements?

For the first two years following the accession of the new Member States, access to the labour markets of current Member States will depend on national measures and policies, as well as bilateral agreements they may have with the new Member States. There is no requirement to notify the Commission formally of the measures to be taken.

At the end of the first two years i.e. in mid-2006 the Commission will draft a report, which will be the basis for a review by the Council of Ministers of the functioning of the transitional arrangements. In addition to the Council's review, Member States must notify the Commission as to their intention for the next period of up to three years either to continue with national measures, or to allow free movement of workers.

There should therefore be free movement of workers after 5 years, that is by 2009. However, the possibility does exist for a current Member State to ask the Commission for authorisation to continue to apply national measures for a further two years, but only if it is experiencing serious disturbances on its labour market. This requirement must be objectively justified.

From 2011 seven years after accession there will be complete freedom of movement for workers from new Member States.

To which countries will transitional arrangements be applied?

Transitional arrangements have been set out in the Accession Treaty with regard to:

· Czech Republic
· Estonia
· Latvia
· Lithuania
· Hungary
· Poland
· Slovenia
· Slovakia.
For Cyprus and Malta, there are no restrictions on the free movement of workers, though Malta may make use of the safeguard clause (see below).

Who is covered by the transitional arrangements?

The transitional arrangements will apply to anyone who wants to sign an employment contract with an employer in one of the current Member States. It does not apply to those wishing to reside in one of the current Member States for purposes such as study, or those who wish to establish themselves as self-employed persons, with the exception of self-employed persons providing certain services, e.g. in the construction sector, in Austria and Germany.
Job-seekers will be entitled to assistance from public employment services whether from a future or current Member State. The current rules on entitlement to look for work in another Member State for up to 3 months will also apply to nationals of new Member States. Such job-seekers will claim unemployment benefit in their own country and arrange for it to be paid in the country where they are looking for work, if they have access to the labour market of this country according to the transitional arrangements. The level of benefit will be that of their home country.

What is the safeguard clause?

If a current Member State has stopped applying national measures and has a fully open labour market, it can ask to be authorised to re-impose restrictions, if it experiences serious labour disturbances. It is for the Commission to decide what sort of restrictions can be imposed and for how long.

Will nationals from new Member States be discriminated against in the labour market?

Discrimination on the grounds of nationality is against Community law. Once a worker has complied with any national measures that may be in place, he or she must be treated on the same basis as any domestic worker. In terms of access to jobs, the Member States must give workers from the new Member States priority over workers from third countries. Some jobs in the public sector can be restricted to nationals of the host Member State.

Will nationals of new Member States already working in a current Member State be affected?

A national of a new Member State legally working in a current Member State on 1 May 2004 and having a work permit or authorisation from 12 months or longer will continue to have access to the labour market of that Member State. He or she will not have automatic access to the labour markets of the other current Member States.
A national of a new Member States who moves to a current Member State and gains legal permission to work there for 12 months or longer will have the same rights. But should he or she voluntarily leave that Member State, the right of access will be lost until the end of the transitional period.

What is the situation with regard to family members?

Family members of a worker from a new Member State who has been legally admitted to the labour market of a current Member State for 12 months or more, and are resident with the worker before accession, will also have access to the labour market of that Member State. If the family joins the worker after the date of accession, they will have access to the labour market of that state once they have been resident for 18 months or from the third year after accession (i.e. 2007), whichever is earlier. Family members means the spouse of the worker and their children under the age of 21, or dependent.

Can Member States impose tighter restrictions from 1 May 2004 than were in place before?

No, the so-called 'standstill clause' states that current Member States cannot make access to their labour market more restrictive than it was on the date of signature of the accession treaty, 16 April 2003.

Will workers from current Member States be able to have free movement to the new Member States?

There will be no automatic restrictions on the right of nationals of current Member States to move to work in the new Member States. However, new Member States may choose to impose equivalent restrictions on the nationals of Member States that have themselves imposed restrictions.

Will workers from new Member States be able to move to other new Member States?

In the event that any one of the current Member States decides to apply national measures, then new Member States may make use of the safeguard clause described above for nationals of the other new Member States. Cyprus can apply the safeguard clause even if all the current Member States decide not to impose restrictions.

Will the transitional arrangements have any effect among current Member States?
Nationals of a current EU Member State wishing to work in another current EU Member State will not be affected by the transitional arrangements.

When will the Commission have information on the positions of the various Member States?

The Commission cannot legally oblige Member States to indicate the national measures they will put in place for the first two years of the transitional period. However, in the interests of transparency, the Commission has asked Member States to provide this information as soon as possible. Once known, details will be available on the Commission's Job Mobility Portal:
http://europa.eu.int/eures

What improvements will workers from candidate countries already working in the EU see in their situation after 1 May 2004?

Currently, workers from new Member States have only enjoyed equal treatment regarding working conditions, remuneration and dismissal as well as co-ordination of social security when moving within the current Member States. After accession they will benefit from Community rules on the recognition of qualifications and co-ordination of social security with regard to insurance periods acquired in any new Member State.

Are the rules on coordination of social security subject to the transitional agreement?

Once a worker is in a Member State, whether under a transitional arrangement or after being granted free access, he of she will have the full rights applicable under the rules governing the co-ordination of social security (regulation 1408/71). The exact nature of entitlements depends on the regime in the host country and the home country, but in general, these rights can be characterised as:
· The exportation of pension rights and other cash benefits acquired by a worker in his or her home Member State.
· The aggregation (adding together) of social security contributions earned in different Member States to ensure that the worker always has appropriate cover and can immediately benefit from insurance in the new country. The aim of these dispositions is that no-one should loose his or her social security protection by having changed Member State.
· Equality of treatment, in particular access by the worker's family to the same family allowances that the family of a national of the particular Member State would have.

Persons with a Disability

Does EU law ban discrimination against persons with a disability?

Yes. This was adopted in November 2000 and covers equal treatment in employment and occupation. It entered into force in December 2003. It deals with both direct and indirect discrimination and it also covers other forms of discrimination, not just on the basis of disability. If a person feels discriminated on the basis of disability, they have a right to a legal remedy against their employer and the burden of proof shifts from them on to the employer. The law also protects the person who takes action from victimisation. But this law does not cover discrimination outside the workplace.

In Cyprus discrimination against persons with disabilities is banned by the Law providing for persons with disabilities of 2000, which has been recently amended and now is fully in line with the EU law. This law, interalia, prohibits direct and indirect discrimination in employment, promotion, working conditions and vocational training. It also abolishes all discriminatory provision in legislation, contract or collective agreements, internal rules of undertaking or rules governing the independent occupations and professions. Moreover, this law provides for equal treatment of persons with disabilities with respect to the provision of goods, services and facilities.

It also provides adequate judicial and extra judicial remedies to persons with disabilities who feel aggrieved by a contravention of the law.

What do you mean by "shifting the burden of proof"?

It means that it is easier for a person with a disability who suffers discrimination at work to take legal action against the employer. Normally, in court cases, it is up to the person who makes the case to bring evidence to support his or her case. Sometimes it is difficult for persons who suffered discrimination at work to find sufficient evidence or even support from colleagues at work. To avoid this difficulty, the responsibility to prove the case shifts to the other side. Once it is established that, on face value, a case of discrimination exists, it will not be up to the person taking the action to prove that there is discrimination but up to the employer to prove that there was no discrimination. This "shifting of the burden of proof" makes it easier for the person who suffered discrimination to get a remedy.

Does the employer have to adapt the workplace for workers with a disability?

Employers should take the necessary measures to enable a person with a disability to have access to, participate in or get a promotion at work, as well as undergo vocational training, unless such measures put a disproportionate burden on the firm. Effective and practical measures have to be taken to adapt the workplace to the disability, particularly when it comes to premises and equipment, patterns of working time, the distribution of tasks or the provision of training.

Should children with a disability attend special schools?

If their parents wish so. However, EU countries agreed to intensify their efforts to integrate or encourage the integration of pupils and students with disabilities into their respective mainstream education systems. They see the work of special schools and centres as complementary to the work of mainstream education systems which should take due account of the individual needs of the children, young people and their parents, as well as of educational choices made on the basis of full information about the available options.

What about accessibility to public transport? Does the EU impose standards?

The EU is in the process of adopting a new law requiring all buses to be fully accessible for persons with a disability. This guarantees level access to all new buses in urban areas for persons with reduced mobility including wheelchair users. It requires all urban buses to be fitted with a kneeling system in combination with a ramp or lift unless local infrastructure design already guarantees level access to secure boarding. Once adopted, new buses that are manufactured must respect the standards set in this law.

Does the EU have a programme to combat discrimination?

Yes. In 2001, the EU launched an Action Programme to combat discrimination with the aim of analysing, combating and preventing discrimination as well as raising awareness. This programme covers all forms of discrimination and runs till 2006.

Can persons with a disability participate in EU programmes?

Yes. Persons with a disability are also eligible to participate in EU programmes such as the educational SOCRATES, the vocational training LEONARDO and the programme for young people known as YOUTH.

SOCRATES http://www.moec.gov.cy/programs/main.htm e-mail:minedu@cytanet.com.cy

LEONARDO DA VINCI http://www.kepa.gov.cy/leonardo/ e-mail: ldvcy@cytanet.com.cy

YOUTH e-mail: youth@cytanet.com.cy

Does the EU deal with discrimination against persons with a disability in its Human Rights Charter?

Although the EU has taken various initiatives in the past, it was only in 1997 that it was first given powers to make laws to combat discrimination based on disability. In the EU Human Rights Charter adopted in December 2000, the EU dealt with the issue of discrimination and the integration of persons with disabilities stating that it "recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community." However, the Charter is not yet a legally binding instrument. It is included in the new Constitution for Europe and will be legally binding in due course.

Internet for persons with a disability

Many of the internet pages of the European Parliament can be viewed without graphics and with navigation at the foot of the page, making them easier for the blind to read and navigate. Special browsers with a synthetic voice facility can detect this option and will remain in text mode throughout the visit to the site.

The Commission opened a documentation facility for visually impaired people in Brussels. With the help of computer-based applications based on advanced technologies, visually impaired participants in meetings and interpreters who have received the necessary training will have full access to the documentation available on the internet sites of the European Institutions.

What is the Sixth Framework Programme (FP6)?

FP6 is the European Community Framework Programme for Research, Technological Development and demographic. It is a collection of the actions at EU level to fund and promote research. The FP6 programme is a fundamentally new and different scheme for driving European research further and faster. It provides much-needed direction for the European Research Area, shaping and structuring the face of European research in years to come.

http://www.europa.eu.int/comm/research/fp6/index_en.html

For More Information:

EU Education programmes (Socrates): http://europa.eu.int/comm/education/programmes/socrates/socrates_en.html

EU Training programme (Leonardo): http://www.europa.eu.int/comm/education/leonardo/leonardo2_en.html

EU Youth programme: :http://www.europa.eu.int/comm/education/youth/youthprogram.html

Workers

What is one of the basic principles for workers in the EU?

Under EU law, it is illegal to discriminate against workers in cases including gender, disability, race, ethnic origin, religion and for the first time even protection from discrimination on the grounds of age.

What are the remedies when rights are not respected?

If rights are not respected, the person is entitled to get a legal remedy to put things right. The EU has a specific law that applies in the case of women who suffered some form of discrimination. This law makes it easier to get a remedy because it shifts the burden of proof from the woman making the case (that is, the woman who suffered discrimination) to the person against whom the case is made (the employer). This means that it will not be up to the person alleging discrimination to prove her case but up to the employer to prove that there was no discrimination.

What are my rights as a female worker?

A woman should not find it more difficult to get a job than a man. Once a woman gets a job, there should be no wage difference for the same work or work of equal value that is done by a man. This also applies to bonuses and other benefits. Her employer cannot give her different conditions of work and she has the right to the same working hours, overtime, leave, sick leave, dress codes, work flexibility, promotions and termination of employment. The same applies to vocational and other training. She should also have the same social security rights and should she work on a part-time basis, she is entitled to the same conditions as a full-timer on a pro-rata basis.

What measures are envisaged for working mothers?

There are measures which women should be aware of if they are pregnant, have just given birth or are breastfeeding. For instance, women are entitled to 14 weeks maternity leave, two weeks of which have to be before and/or after the birth of the baby. If a woman works night shifts, she can change the working hours to daytime. Moreover, if the work she does is detrimental to herself or her baby, her employer is obliged to give her other duties within the company. Should this not be possible, she can go out on special leave until the risk is over. Her employer cannot terminate her employment on the basis of her condition.

What about once the baby is born?

Once the baby is born, a woman and her partner can take parental leave which, under EU law, must be at least three months and which can be taken until the child is eight years old. This also applies if a child is adopted. Once the parental leave is over, one can go back to their original job and position within the company. This leave applies to employees in both the public and private sectors. But it is up to the national Government to decide whether it is paid or not.

What about disabled people?

A law was adopted in November 2000 and covers equal treatment in employment and occupation. It was put into force in December 2003. It deals with both direct and indirect discrimination and it also covers other forms of discrimination, not just on the basis of disability. If a person feels discriminated on the basis of disability, they have the right to a legal remedy against their employer. The law also protects the person who takes action from retaliation from the employer. This law does not cover discrimination outside the workplace.

…and elderly?

The EU launched various initiatives that promote re-training and employability throughout one’s working life. This may be of interest to those who may be made redundant at a certain age and who might find it more difficult to be re-employed. Moreover, the EU promotes active ageing – the retention, retraining and reintegration of older workers in work organisations.

What does the EU say on sexual harassment?

An EU directive has been adopted that will come into force in 2005 stating that under the law, employers will be required to prove, in response to an employee's complaints, that they had taken all possible preventive measures against sexual harassment. Employers will also be financially liable for cases of misconduct.

For more information on Employment and Social Affairs:
http://europa.eu.int/pol/socio/index_en.htm

Women

What are my rights as a female worker?

You should not find it more difficult to get a job than a man. Once you get a job, there should be no wage difference for the same work or work of equal value that is done by a man. This also applies to bonuses and other benefits. Your employer cannot give you different conditions of work and you have the right to the same working hours, overtime, leave, sick leave, dress codes, work flexibility, promotions and termination of employment. The same applies to vocational and other training. You should also have the same social security rights and should you work on a part-time basis, you are entitled to the same conditions as a full-timer on a pro-rata basis.

The EU has various laws regarding health and safety at work which provide rights and obligations for both your employer and yourself.

I am a working mother……

There are other measures which you should be aware of if you are pregnant, have just given birth or are breastfeeding. For instance, you are entitled to 16 weeks maternity leave, two weeks of which have to be before the expected date of confinement, provided that you notify your employer in writing by submitting to him/her a certificate issued by your doctor in which the expected date of confinement is indicated. If you work night shifts, you can change the working hours to daytime provided that you hold a certificate from your doctor stating that it is necessary for your health and safety to avoid such work. Moreover, if the work you do can be detrimental to yourself or your baby, your employer is obliged to give you other duties within the company. Should this not be possible, you can go out on special leave until the risk is over. Your employer cannot terminate your employment on the basis of your condition. If your ante-natal classes can only be held during working hours, you can still attend without any losses to your pay or leave, provided that you submit to the employer a relevant certificate from your doctor and you notify him/her in advance.

If you adopt a child under the age of twelve years old, you are entitled to 14 weeks maternity leave provided you notify your employer in writing six weeks in advance of your intention to adopt and the date from which you will take care of the child.

Once your baby is born, you and your partner can take parental leave which, under EU law, must be at least three months and which can be taken until the child is eight years old. This also applies if you adopt a child. Once the parental leave is over, you can go back to your original job and position within the company. This leave applies to employees in both the public and private sectors. But it is up to the national Government to decide whether it is paid or not.

Family or Work?

The EU stresses the importance of striking a balance between work and family life. It recommends its member states to cater for child-care facilities that would help mothers re-enter the working world. The EU also promotes flexibility in working time and job sharing, leave arrangements for employed parents as well as having a supporting environment, structure and organisation of work and the workplace. These facilities and conditions are particularly important for single mothers or women who take care of ailing relatives at home. Men are also encouraged to participate actively in the upbringing of their children.

Women as consumers..

There are various EU laws that deal with your rights when you buy products. But you need to know about them in order to make sure that you get what is rightfully yours. These include labelling, advertising, guarantees, prices, expired products, toys and medicines. You also have rights when a salesperson knocks on your door to sell you products which you later regret having accepted to buy. The same applies for purchasing of time-share and for buying goods from a catalogue or the internet. You also have various rights when you travel to another country, including compensation when you are denied boarding on the flight.

Domestic Violence

Violence on women is the worst form of oppression which stems from gender inequalities and imbalances. Domestic violence is not easy to address because it happens behind closed doors. Another related problem is the sexual exploitation of women and children both in their home country as well as a sex tourism attraction. On these issues, the EU launched two programmes known as DAPHNE and STOP which fund projects dealing with this violence and exploitation while offering assistance to the victims.

For more information on EU programme to combat violence against children, young people and women http://europa.eu.int/comm/justice_home/funding/daphne/funding_daphne_en.htm

Does the EU favour positive action in favour of women?

Yes. Positive action or positive discrimination in favour of women is allowed under EU law. Examples of positive action include specific training for women to help them move forward in their career, measures relating to flexible working hours, childcare facilities and measures to re-integrate women after a career break. Examples of positive discrimination include setting a specific number or quota of women to specific jobs or posts. EU countries can adopt positive action measures that give a specific advantage to women to make it easier for them to pursue a job or profession. Positive action measures may also be taken to compensate women for disadvantages in professional careers. However, since these measures tend to go against the greater principle of equal treatment, they must be used carefully and restrictively.

It is up to each individual country to decide whether it wants to impose special measures of positive action or positive discrimination.

Getting a remedy when my rights are not respected

If your rights are not respected, you are entitled to get a legal remedy to put things right. The EU has a specific law that applies in the case of women who suffered some form of discrimination. This law makes it easier to get a remedy because it shifts the burden of proof from the woman making the case (that is, the woman who suffered discrimination) to the person against whom the case is made (the employer). This means that it will not be up to the person alleging discrimination to prove her case but up to the employer to prove that there was no discrimination.

Are there EU Programmes for women?

The EU has various initiatives that promote gender equality and the integration of women into the working world.

EU training programme (Leonardo): http://europa.eu.int/comm/education/programmes/leonardo/new/leonardo2_en.html

European Social Fund and EQUAL: http://europa.eu.int/comm/employment_social/equal/index_en.html

As a housewife why should the EU be of interest to me?

Because it will affect you and your family in your daily life. For instance, the EU has high standards on food safety and all food must go through strict checks at all stages "from the stable to the table". The EU also has high standards on consumer rights and on the environment and these are important from a health point of view. The EU also affects competition and therefore affects consumer choice, quality of service and prices.

How will the cost of living be affected when we join the EU?

EU membership means more competition. More competition leads to a wider choice, a better service and lower prices. As a result of competition the choice and service improved and the price of services and goods go down.

What about my rights as a consumer?

Consumer rights have been raised to EU standards. Consumer rights cover guarantees, product safety, defective products, misleading advertising and so on. Strict standards of food safety have to be adopted.

What about my family’s standard of living?

Your standard of living should be affected by the introduction of higher standards in a number of areas such as conditions of work, health and safety. However, the most important is probably the environment because it has a direct impact on health.

What does the EU say on food safety?

Food safety is a major issue in the EU and there are very strict EU standards that apply to food at all stages of production until it ends up on our plates. Any food that is not up to standard or that can present a health hazard for consumers can be withdrawn from the market. Checks and controls on the quality of food are carried out at all stages. Another issue is not just the safety of the food itself, but also the confidence that consumers need to have in the system that is responsible for food safety.

Will our drinking water improve?

Yes. The EU has high standards, which reduce the levels of dangerous substances, such as nitrates, that can be found in water.

What should I not throw in the dustbin?

The EU’s policy on waste is based on three points - reduce, re-use and recycle. The EU says that landfills should only be the last option when all three of these "R’s" can no longer apply. Even then, organic waste cannot be sent to landfills – this is one of the reasons why waste has to be separated.

What about noise in the home?

Any household appliance that does not respect the limits of noise of EU standards on that particular product will not be given the CE mark and therefore cannot be sold on the market. This ensures that consumers only buy products that are up to standard. Each appliance must also bear a label that states the level of noise emitted by the product.

9. Employement

Architects

Does the EU have any specific laws on architects?

Yes. The EU has a specific directive on architects which deals with their right of free movement within the EU. Architects are one of just seven professions whose recognition is directly regulated at EU level. The law specifies the kind of training that is needed for an architect to be recognised in any member country of the EU.

As a result of this law, an architect who is fully qualified to work in his or her home country will be automatically recognised as being also qualified to work in another European country of his or her choice. The only exception to this is if there are specific characteristics of the architectural profession in that particular country. For example, architects may receive special training on a volcanic island that may not be taught elsewhere. In this case, the receiving country may ask the applicant architect to undergo a period of training before accepting his or her qualifications and warrant.

I am based in Cyprus can I work as an architect in any other EU country without having to go there?

Yes. This is because, after membership, apart from the right of being employed in another country or being able to set up practice there, you also have the right to remain based in your own country but provide your service in another. This means that there is a right to free movement of services whereby an architect can participate in projects in other countries and be involved in work in that other country on a temporary, rather than on a permanent basis. Equally, they may choose to set up practice in another country on a permanent basis by establishing themselves in another country. In both cases, however, the architect can only offer services in another country if his or her qualifications are duly recognised. Recognition is a pre-condition to working or offering services in another country.

I am an architecture student. Will my qualification still be valid if I finish the course before we become members of the EU?

Yes. Any changes that will be made to the course structure will apply to future students. For the rest, professional recognition depends on both the qualification as well as the warrant gained at the end of one’s course. This means that any person practising as an architect today will be recognised to work as such in any EU member state due to the warrant which permits him or her to work as an architect in Cyprus today.

Will the course content of the architecture course change upon membership?

The law on recognition of the profession of architects puts certain requirements that must form part of any standard architectural course in any EU country. All of these requirements are either already included or will be included in the Cypriot degree by the date of membership.

Are there specific EU issues which ought to be of interest to architects?

Yes. Take environment, for instance. The EU’s environmental policy is vast and is of interest to all citizens in general. However, architects ought to be interested in certain specific issues such as, say, EU laws relating to Environmental Impact Assessments for large projects as well as its policy on Sustainable Development. The EU requires governments to undertake Environmental Impact Assessments before starting a major project. Furthermore, the public should participate and its views should be taken into account in the decision-making process. Thus, this law also requires government to inform the general public of its plans.

The EU also gives priority to sustainable development through its LIFE programme. Under one section of this programme, the EU can co-fund projects which take into consideration the environment and sustainable development in land-use development and planning, projects which promote the sustainable management of water or which minimise the environmental impact of economic activities.

What does the EU say about training of architects?

Architects can participate in a placement under the EU’s training programme called Leonardo da Vinci. For instance, one project co-ordinated by Belgium focused on the training of young graduate architects in Computer-Assisted Architectural Design (CAAD) which shortens the long periods of drawing work necessary before the start of a physical project. Through this Leonardo placement, graduates were placed in offices in the partner countries where CAAD was being used and an informative training manual was developed. The experience was later used as the basis for developing a training course on the same subject.

What does the EU say about the building industry?

There are several points that are clearly of interest also to architects. These include issues relating to health and safety, quality standards and tendering for public projects.

Which course subjects are mandatory for architecture students in the EU?

The law on recognition of the profession of architects puts certain requirements that must form part of any standard architectural course in any EU country. All of these requirement are either already included or will be included. Under these EU requirements, architecture students are to:

· Be able to create architectural designs that satisfy both aesthetic and technical requirements;
· Have an adequate knowledge of the history and theories of architecture and the related arts;
· Have a knowledge of the fine arts;
· Have an adequate knowledge of urban design and planning;
· Have an understanding of the relationship between people and buildings, and between buildings and their environment;
· Have an understanding of the role of the architect in society, in particular in taking account of the social factor;
· Have an understanding of the preparation of the brief for a design project;
· Have an understanding of the structural design;
· Have an adequate knowledge of physical problems and technologies;
· Possess the necessary design skills to meet building users’ requirements;
· Have an adequate knowledge of the industries, organisations, regulations and procedures involved.

Will the Planning Authority change in any way?
Planning regulations depend on the national authorities and the EU does not get into this. As a result of membership, the Planning Authority process as such will not undergo any substantial changes. It will continue to be regulated by national law.

How will the EU environmental policy affect the construction sector?
The construction industry will be affected by the EU’s legislation on: waste management, air pollution, noise, water, nature conservation and the environmental impact assessments where the surface of the site exceeds 25 hectares.

Waste Management: This aspect is of major importance, especially when one considers that 90% of our waste is construction and demolition waste. On waste, the EU’s main principles are the famous three 'R's: reduce, re-use and recycle. Any waste produced should follow this principle and pre-supposes a national structure that will support these principles. Land filling should only be resorted to as a last option and if this is the only possible solution, then all waste must be treated before being dumped in a landfill. The EU insists on the separation of waste and on the use of engineered landfills.
In synthesis, this means that one can only have construction and demolition waste disposed of in a landfill specifically engineered for that specific type of waste and that waste must be recovered or disposed of in ways that will not damage human health or the environment.

Air: There are no specific EU requirements on emissions from quarries and building sites. However, if these sites emit SO2, NOx and dust particulates or any others listed in a directive on Integration Pollution Prevention and Control (IPPC), then they will have to adhere to the emission levels in EU law on air quality. Emissions from mobile sources such as trucks or tractors on site must also be taken into consideration under the EU’s directives on limiting emissions from vehicles. On this issue, the VRT law applies.

Noise: The EU’s noise policy refers specifically to equipment used in the construction industry such as construction plant equipment, compressors, tower cranes, welding generators, concrete breakers and hydraulic excavators. EU laws on all these items were recently consolidated into one law. EU law sets specifications for manufacturers that supply these products or equipment specifying the limits on the noise that may be emitted. Products that are not manufactured in line with these standards will not be given EU certification (CE mark) and may not be sold in the EU market. On the other hand, the EU laws do not apply to products that are already in use and these need not be changed simply because we join the EU. The laws apply to newly-purchased products.

Water: The EU now has a new water framework directive that requests member states to introduce basic measures for the protection of water. These can include introducing the practice of re-injection of pumped groundwater from quarries if, for instance, studies reveal that quarrying has a negative effect on groundwater. The IPPC directive mentioned earlier also deals with pollution of water sources.

Nature Conservation: The EU’s policy on nature conservation also covers quarries indirectly because EU countries are obliged to avoid, in special areas of conservation, the deterioration of natural habitats, as well as disturbance of the species covered in this law.

Environmental Impact Assessment: Quarries need an environmental impact assessment before they can become operational. As mentioned earlier on, the environmental impact of quarrying may include air (as in dust), noise, soil and water pollution, as well as the effects on groundwater level, destruction or disturbance of natural habitats and the visual impact on the surrounding landscape. Other factors that would need to be taken into consideration include the technologies and methods used for extraction and the methods for waste disposal. Through its LIFE programme, the EU provides co-financing to prevent or reduce possible negative impacts. Co-financing can also be given for the restoration of abandoned quarries. Just as the construction industry would need an EIA, the government would need a Strategic Environmental Assessment for overall policies, plans and programmes.

Other initiatives: Apart from the above, there are now several voluntary initiatives taken by industry which aim to bring about improvements in the environmental performance and to communicate achievements. For instance, the EU’s Eco-Management and Audit Scheme is an instrument that can aid industries to integrate environmental concerns in their operations. This invites industrial companies to incorporate environmental protection standards into their production processes by introducing a form of environmental management. Besides applying these standards, an interested company must also have an independent environmental auditor before applying with the relevant national authority. If these two conditions are satisfied, the national authorities may then award the company with a standard EU mark.

Will an impact study be required for all building projects?
Construction projects will continue to require authorisation under national laws and regulation and through the Planning Authority process. Environmental impact studies are not normally required for normal building projects. This will continue to be so. However, when it comes to projects of a certain size - whether public or private - which have an effect on the environment, an environmental impact assessment is required. This is a requirement also under EU law and is intended to ensure that an assessment is carried out on the impact of the project before the project goes ahead. The promoter must provide the relevant detailed information to the relevant authorities. The authorities, as well as the public at large must be given the opportunity to comment before a decision on the project is taken.

What does the EU say about stone quarries?
The EU has health and safety requirements for building sites and it also has environmental rules on air quality, noise, waste and environmental impact assessments. Because of the EU environmental standards, the extractive industry needs to carry out an environmental impact assessment prior to quarrying. The environmental impact of quarrying may include air pollution, dust, noise, soil and water pollution, effects on groundwater level, destruction or disturbance of natural habitats and the visual impact on the surrounding landscape. On the other hand, the EU does not say anything on how quarries should be licensed, who should licence them or how many quarries a country should have. This is left up to each individual country to decide.

Does the EU establish the size of windows in buildings?
No, the EU does not set the size of windows. This would be determined by the architect who draws up the plan of the building, according to the building regulations that apply in Cyprus.

What does the EU say about energy efficiency?
The EU has a directive dealing with the performance of heat generators for heating, the production of hot water in new and existing non-industrial buildings and the insulation of heat and domestic hot-water distribution in new non-industrial buildings.

Is it true that the country’s infrastructure will improve if we join the EU?
One of the EU funds, known as the Cohesion Fund, specifically allocates funds for infrastructural projects in the areas of transport and the environment. As a relatively less-developed country when compared to EU countries, Cyprus will qualify for funding from the Cohesion Fund. Projects that are eligible for financial support would include road infrastructure works and infrastructure works connected with Cyprus’ ports and with the environment. So, yes, the local infrastructure, should improve as a result of membership.


What is the European Prize for Architecture?
It is an initiative that aims to raise awareness of the cultural significance of contemporary architecture and its impact on the development of European cities. It highlights the European dimension of the architectural works and the important contribution of European professionals in the development of new architectural concepts and technologies. It also promotes the circulation of professionals working throughout the European Union and supports emerging architects as they start out on their careers.

MORE INFORMATION

EU Training Programme (Leonardo): http://www.europa.eu.int/comm/education/leonardo/leonardo2_en.html

LIFE Programme: website: http://europa.eu.int/comm/environment/life/home.htm

EU Research Programmes (FP6): http://www.europa.eu.int/comm/research/fp6/index_en.html

Civil Servants

Is it true that the number of workers in the public service will have to be reduced because of EU membership?

No. There is no EU law or limit that is imposed on member states on the number of persons working in their public service. It is entirely up to the Cypriot Government to assess the capacity and needs of it’s public service.

So does this mean that the public service will not be affected in any way?

No. It will be affected profoundly by EU membership. The public service is already very much involved in the preparations for EU membership, in particular in the changes to Cypriot laws and policies as well as in the setting up or strengthening of public service structures to apply these laws.. All in all, the accession process will leave very visible changes on the way that the public service operates. Taken together, these changes constitute what is arguably the largest reform that the service has ever seen.

Civil servants will have to actively participate in the work of the EU institutions in particular in the work of the Council of Ministers and the European Commission. From 16 April 2003 civil servants are participating in the work as observers. As of 1 May 2004 they will able to fully participate.

Why are these changes needed?

One of the criteria for a country to join the EU is whether it has the necessary capacity to implement EU laws and policies, which together are known as the acquis communitaire. Clearly, this responsibility will lie within the public sector, whether governmental departments or other public agencies or authorities. This is why the public service needs to be sufficiently prepared. Over the past years, the public service has been restructuring its organisation to prepare itself to be able to handle and implement the new laws and policies that are being adopted as part of preparations for membership. It is also the public sector’s direct responsibility to see that these new laws and policies are adequately applied and enforced.

It also necessitates either the setting up of new authorities and agencies or the strengthening of existing ones. Furthermore, significant training and re-training is also required among the existing workforce.

If there is a call for applications to join the Cypriot public service, will foreigners be eligible to apply?

Yes. But there are some exceptions. The general principle is that of equal treatment, which means that the Cypriot Government would not be able to prefer a Cypriot national and rule out another EU citizen simply on the grounds of nationality. There can be no discrimination on grounds of nationality. However, Cyprus will still be able to reserve certain posts within the public sector for Cypriot nationals only. This can be done for those posts in the service that carry with them the exercise of powers conferred by public law and the safeguard of general interests of the State or local authorities. For such posts, it is considered that the competence and powers attached to the job are inherent to the functions of the State and this justifies the nationality requirement.

Can you give examples?

Yes. EU citizens would be able to apply to work in, say, the public health or education sectors. But they may be excluded from the police corps, army, judiciary or top offices in the public service.

Is there a European public service?

Yes. This is made up of the officials working within the EU institutions, such as the European Commission.

Recruitment with the EU service is normally made through a competitive examination according to the Staff Regulations. This is usually only open to nationals of EU countries. An informal geographical and national balance is maintained in the recruitment procedure and thus, when the new member states join the EU, one should expect that recruitment would focus on the new EU members, including Cyprus. The first competitions have been held for Cypriot nationals.

The Staff Regulations and Conditions of Employment of the EU institutions will apply to EU officials and other EU public servants from Cyprus. The Commission has developed a Recruitment Strategy and given an indication of the number of persons to be recruited from the new member countries.

For information on work opportunities within the Commission: http://europa.eu.int/epso

Would I be able to work with the public service of another EU country?

After membership you will have the right to seek work in any EU country, including the new member states. In addition, you can also seek work in Norway, Iceland and Liechtenstein. Today you can only do so if you get a work permit. After membership you would not need a work permit. You just apply for the job. You can apply for a job both in the private as well as in the public sector in other countries. But in the case of the public sector, the limitations described above apply with regards to certain nationally sensitive posts.

Will I get a better salary if we join the EU?

Joining the EU does not automatically mean that salaries will go up. In different EU countries there are different pay levels. For instance, average salaries in Portugal are still much lower than those in Germany or Luxembourg. In countries such as Portugal and Spain, which joined the EU in 1986, it is clear that salaries did improve after they joined the EU and this results from statistics.

Will we have to do away with half-days in summer if we join the EU?

It is up to the Cypriot government to decide whether half-days will remain or not. The EU has no law or say in the matter.

Will working conditions change?

There are various EU laws that deal with working conditions. These have been incorporated into Cypriot law on conditions of employment and on industrial relations. Through these laws, the EU stresses the importance of informing and consulting employees about decisions taken at the workplace. EU law also sets minimum standards when it comes to workers on a fixed-term contract and on the removal of discrimination in treatment between full-time and part-time workers. However, there are no EU rules on sick leave, remuneration, bonuses and benefits. These are left up to each individual country to decide.

What about health and safety provisions?

There is a full set of EU laws on the standards of health and safety at work. If you work in an office, there is a law, which deals with computer screens and even the kind of chair you use. The working environment must be adequate and not detrimental to your health in any way. Other laws deal with the safety of the building itself, work equipment, health and safety signs, personal protective equipment and manual handling of loads, amongst others. All these laws apply also to the public sector.

Are there EU rules on maternity leave and parental leave?

Female employees in the EU who are pregnant are entitled to a minimum of 14 weeks maternity leave (last week being unpaid leave).Pregnant women and nursing mothers have to be allocated work that is not detrimental to their health or that of the child. A woman is also entitled to take time off, without loss of pay, in order to attend ante-natal examinations where these can only be carried out during working hours.

When a child is born or adopted, parents, including the father, are entitled to parental leave that the EU says must be of at least three months. This need not be used immediately but can be transferred until the child is eight years old.

I feel I was passed over for a promotion simply because I am a woman…

If this is true, it would be illegal and you would have the right to a remedy under EU law. One of the main principles of the EU is equal rights and opportunities for men and women at the workplace. This means that irrespective of your sex, you should have the same access to employment, the same pay for equal work and work of equal value together with equal working conditions. You also have the same rights as your fellow male co-worker to vocational training, promotions, social security and other benefits, dress code and job flexibility. You are also protected from sexual harassment at work. If you feel that you have been discriminated against simply because you are a woman, under EU law, you can claim redress and the burden of proof is not on you but on the employer.

After Cyprus’ accession, will I still have the right to address my complaints to the Ombudsman?

Yes. The Office of the Ombudsman in Cyprus will still remain operational after Cyprus’ membership. This means that the general public and the public servants themselves will still have access to the Ombudsman services in cases of complaints. Besides, upon Cyprus’ membership in the EU, all Cypriot citizens will also have access to the EU Ombudsman if and when they feel aggrieved by the EU’s public servants in the various EU institutions including the European Commission.

MORE INFORMATION

· European Ombudsman: website: http://www.euro-ombudsman.eu.int/home/en/default.htm

Journalists

Will Cypriot journalists be able to work with news agencies in the EU after membership?

Yes, in the same way as journalists who are EU citizens will be able to work with Cypriot ones. They cannot have less rights and obligations than citizens of the country they are working in. A point of interest is the issue of working hours. Although journalists fall within the average 48 working hours weekly stipulated by an EU law, they are exempt from other provisions of this law, such as the duration of daily and weekly rests, as well as the duration of breaks and night shifts.

What about freelance journalists?

In this case, the rules of free movement of services apply. Upon membership, Cypriot freelance journalists would be able to practice their profession and offer their services in another EU country. The same would apply to EU freelance journalists wishing to work in Cyprus on a self-employed basis.

Does the EU provide specific training for journalists?

Yes. Of particular interest is the EU support provided for training in journalism. Over time the EU has supported three initiatives, namely the European Journalism Centre, the European Journalism Training Association and the Journalists in Europe Fund. The Centre is governed by the leading European media organisations and provides the European media industry and professional organisations a common and independent central meeting place, mid-career training site and information centre specialised on media issues. The Association created a network of vocational training centres. Activities include the exchange of teachers, students and journalists; confrontation of professional practices and teaching methods; the production of common written and audio-visual magazines as well as research and debate on major issues concerning the media. The Journalists in Europe Fund is an organisation that aims to improve the quality of reporting on European affairs by offering an eight-month training programme to young and experienced journalists from all over the world.

From membership, Cypriot journalists will be eligible to participate in these opportunities on the same basis as other EU citizens.

Are EU programmes open to journalists?

Yes. As an acceding country, Cyprus already participated in the EU Training Programme Leonardo da Vinci. This programme provides journalists with the possibility of carrying out a training period within an organisation or company in Europe. Moreover, students reading communications at university can also participate in Erasmus which gives them the opportunity to carry out a study period in another EU university.

The EU Media programme also supports training initiatives for professionals of the audio-visual industry – Cyprus will participate in this programme from membership.

EU Education Programme (Erasmus): http://europa.eu.int/comm/education/programmes/mundus/index_en.html

EU Training Programme (Leonardo): http://www.europa.eu.int/comm/education/leonardo/leonardo2_en.html

What about freedom of expression?

Freedom of expression is a fundamental human right, recognised not only by the EU member states individually but also through other entities such as the United Nations and the Council of Europe (and its European Convention on Human Rights). Cyprus is party to both and therefore bound by this principle. Moreover, the EU Charter of Fundamental Rights also outlines freedom of expression as a fundamental right, the Charter will legally binding when the Constitution of Europe is adopted.. May 3rd was declared as "International Press Freedom Day" upon an initiative of the organisation Reporters without Borders. Since 1994, this day has been officially recognised by the United Nations.

Of course, a fundamental condition of joining the EU is that freedom of expression should be respected.

But what if freedom of expression abuses the right to privacy. Where does the EU draw the line?

The EU has a law on the protection of personal data which establishes rules to ensure both a high level of protection for the privacy of individuals as well as the free movement of personal data within the EU. This covers both individuals as well as companies. There is an obligation to collect and process personal data only for specified, explicit and legitimate purposes and to ensure that data is relevant, accurate and up-to-date. Individuals and companies have a number of rights relating to the protection of their privacy. And they may appeal to independent national authorities if they consider their rights are not being respected.

What happens when journalists handle sensitive data?

In EU law, there are provisions specifically for sensitive data such as an individual's ethnic or racial origin, political or religious beliefs, trade union membership or data concerning health or sexual life. This can only be processed with the explicit consent of the individual. Where personal data is to be used exclusively for journalistic, artistic or literary purposes, EU law provides for exemptions which strike a balance between guaranteeing freedom of expression while protecting the individual's right to privacy.

For instance, financial journalists are often at the centre of controversy in cases where the reputation of stock markets may be tarnished. The EU has reached political agreement on amending a law dealing with market abuse that placed responsibility on financial journalists if they inadvertently put the wrong figures in their articles. This law seeks to protect markets and investors from insider dealing (which consists of trades based on non-public information) and from market manipulation (which covers misleading trades and information). Reporters will not be liable unless they make a profit as a result of a movement in share prices. Moreover, they cannot be convicted unless they knew that the information was misleading. In other words, journalists who received and passed on inaccurate information in good faith would not be exposed to liability.

Is there an EU journalism code of ethics?

No. Journalists follow the Declaration of Rights and Obligations of Journalists, known as the ‘Munich Charter’. This was drawn up and approved in November 1971. It was later adopted by the International Federation of Journalists (IFJ) and by most journalists’ unions in Europe.

International Federation of Journalists: www.ifj.org

What about journalists at the EU level?

Brussels is the home of the largest foreign Press Corps in the world. It includes more than 1,000 EU accredited journalists, both in the print press and increasingly, online media. The Press Corps is composed of major international business press, major international wires, major dailies, EU press and broadcast media. Through the daily press briefings held by the Commission, the journalists within the Press Corps are well acquainted with the institutional and political system of the EU.

From membership, Cypriot journalists will be able to seek recruitment with European companies operating these news agencies.

How can I get direct information on the EU?

For direct on-line access to the press releases issued daily by the EU Commission: http://www.europa.eu.int/comm/press_room/index_en.htm

What about protection of journalists?

EU citizens visiting a non-EU country where there is no national embassy or consulate, are entitled to protection by any diplomatic or consular authorities of any other EU Member State, on the same conditions as the nationals of that State. This is of particular importance to journalists, who often have to travel abroad for coverage and may at times find themselves in trouble or in difficulties because of their work.

Moreover, "Reporters without Borders" set up a ‘Press SOS’ 24 hour phone line with the support of American Express. This number is available for journalists, their families, newsrooms and professional organisations to alert RWB about the arrest, expulsion or disappearance of a journalist.

Reporters without Borders: www.rsf.org

What is EBS?

It stands for "Europe by Satellite" which is an inter-institutional television agency that specialises in EU issues. It targets radio and television channels by, among other services, providing them with material and background for their news programmes.

Does the EU allow state funding of broadcasting services?

The financing of public service broadcasting is permitted provided that the broadcasting body provides a public service. This is because public service broadcasting is directly related to the democratic, social and cultural needs of each society as well as to the need to preserve media pluralism. For instance, in May 2002 the European Commission approved the state funding granted to BBC digital television and radio channels because it was agreed that the funding was proportionate to the costs required to carry out the public service obligation of the BBC.

Are journalists represented in the EU?

Yes. The European Federation of Journalists is a regional organisation of the International Federation of Journalists. It represents the interests of journalists’ unions and their members within the industrial and political framework of Europe, particularly the EU.

Are there specific EU competition initiatives for journalists?

Yes. This is known as the Lorenzo Natali Prize for Journalism, Excellence in Reporting Human Rights, Democracy and Development. It was established by EU countries in honour of the late Lorenzo Natali, vice president of the European Commission. It is awarded to print journalists who demonstrate a striking insight and particular dedication to the reporting of human rights issues within the context of the development process in the world. The award is worth €7,600.

Lawyers and Legal Procurators

Why should the EU interest me?

Once EU law is incorporated into Cypriot law, it becomes Cypriot law and as such, it is important for you to know about it. Changes in Cypriot law are taking place and these could affect areas of your interest, practice or specialisation.

Will anything change in the court administration?

Although the EU does not determine how the judicial system should operate, it does insist on efficiency in enforcement of law and in the administration of justice. To this end, further administrative support to the judiciary is envisaged. The EU also requires the setting up of fast-track judicial procedures, such as Small Claims Tribunals, in order to settle money claims and thereby speed payment in commerce.

Will the Greek language continue to be used in Cypriot courts?

Yes. There is no reason why, upon EU membership, the Greek language should not continue to be used in our courts.

Will there be a Cypriot judge in the European Court of Justice and the Court of First Instance?

Yes. The Court of Justice and the Court of First Instance are currently composed of one member from each EU country. Appointments are made for a renewable term of six years. After membership, Cyprus too will be able to appoint a judge in each of these two Courts. To qualify as a judge or advocate-general in the European Court of Justice, one must be qualified for the highest judicial offices in the respective countries or alternatively be a jurist of recognised competence.

Will I be able to work in EU countries once Cyprus joins the EU?

You will be able to seek work in all EU countries, including the new ones from the first day of membership. You will also be able to seek work in Norway, Iceland, Liechtenstein and possibly Switzerland. In order to seek work, you do not need to apply for a work permit as is the case now. However, you must first seek recognition of your warrant. This may take a few months and if your qualifications are significantly different you may be asked to take an aptitude test or further training.

How mobile is the legal profession?

Mobility of lawyers between one EU country and another is low because the knowledge of law is more often than not linked to the country where one has studied or obtained a warrant. Note that apart from seeking employment, lawyers also have the right to establish themselves in another country. There is a specific law that deals with the right of establishment of lawyers enabling them to practise under their own original professional title in another EU country on the same basis as other lawyers there. Fully qualified lawyers in one EU country will have to register with the bar or another competent authority in the country where they establish themselves.

Are there any training programmes for lawyers?

Yes. Given that this is a sector which is directly affected by EU law in its profession, there are a number of training programmes and networks for legal practitioners. The Grotius programme, for example, was designed to assist judicial co-operation and improve legal practitioners’ knowledge about the legal and judicial systems in EU countries. Legal practitioners can, through this programme, benefit from training programmes, exchanges and traineeships at national or international courts.

Another programme that has just been launched and which is open to the participation of legal practitioners is the Agis programme. The aim of this programme is to contribute to the general objective of providing European Union citizens with a high level of protection in an area of freedom, security and justice. Most particularly it will strive to develop, implement and evaluate European policies in this field, promote and strengthen networking and encourage Member States to step up co-operation with the applicant countries, other third countries and international organisations.

Agis and Grotius programme: http://europa.eu.int/comm/justice_home/funding/intro/funding_intro_en.htm

Is there a place for women in European law?

The EU set up a European Women’s Lawyers Congress which aims to create a network of women lawyers responsible for the promotion and enforcement on European equality law, for the promotion of equality in other policies and to increase the number of women in decision-making positions. These are achieved through conferences, dissemination of information, opinions to legal questions at EU level and through legal aid for women. The Congress is also to be open to candidate countries, including Cyprus.

Is there any EU co-operation in civil matters?

Yes. Co-operation in civil matters deals largely with problems connected with the mutual recognition of judgements between two or more EU countries. The intention is to establish better collaboration between the authorities of the different countries in order to facilitate the life of the citizen, especially with regards to free movement, which is a basic principle of EU law. For instance, in May 2000, the EU passed a law to enable judgements on divorce, separation and annulment of marriage to be accepted and enforced more easily in other EU countries.

What about co-operation in criminal law?

Although there is no such thing as a common EU Criminal Code, co-operation in this area is steadily increasing. More so after the tragic events of 11 September 2001. Co-operation focuses on issues and crimes of a cross-border nature. Legislation in this field deals with fraud, counterfeiting, corruption, trafficking in human beings, racism and xenophobia, computer crime and environmental crime. A common definition of "terrorism" has now been adopted. Successful co-operation in this area has also resulted in the adoption of formal letters of request, the setting up of joint investigation teams, the transfers of proceedings from the judicial authority of a country to another, the transfer of convicted persons and the adoption of minimum standards of protection for the victims of crime. At the end of 2001, EU countries agreed on a new European Arrest Warrant that will gradually replace the current lengthy extradition proceedings between EU countries.

I heard about the European Judicial Network. What is this?

It brings into direct contact legal practitioners from different EU countries. Activities include exercises of mutual evaluation of the regulations in EU countries. Legal practitioners also use it to get an overall view of the relevant international legal instruments applicable to individual cases. The Network also provides the general public with practical information to facilitate access to justice in cross-border litigation.

What is Eurojust?

Since the mutual assistance established within the framework of the European Judicial Network is not enough to handle cases of serious organised crime, a new structure called Eurojust is being set up. This will be a unit made up of judges, public prosecutors or police officers from the different EU countries. Eurojust will provide information and keep contact with judicial authorities of EU countries as well as the European Commission and Europol on the state of investigation procedures and criminal convictions. In addition, it would contribute to the co-ordination and joint investigations as well as to Europol's analysis activities. It would also deliver opinions during future negotiations on the expansion of Europol's powers.

10. Environment

What about quality of life, such as the environment? Will it improve?

The EU has very high standards on the environment on particular those issues, which have a trans-boundary level. Environmental measures of major importance to our health include improvements to the quality of drinking water, bathing water, waste management, whether and acid rain. Environmental protection reduces health problems saving money.

Community environment policy aims to promote sustainable development and protect the environment for present and future generations, and is based on the integration of environmental protection into other Community policies, preventive action, the polluter pays principle, fighting environmental damage at source, and shared responsibility. The acquis comprises over 200 legal acts covering horizontal legislation, water and air pollution, management of waste and chemicals, biotechnology, nature protection, industrial pollution and risk management, noise, and radiation protection. Ensuring compliance with the acquis brings significant benefits for public health and reduces costly damage to forests, buildings, landscapes and fisheries. A strong and well-equipped administration at national, regional and local level is imperative for the application and enforcement of the environment acquis.

Horizontal legislation is in place in Cyprus and is in line with the acquis. Horizontal legislation deals with strategic Environmental Impact Assessment (EIA), which needs to be transposed and implemented by July 2004 in line with the Directive.

What is meant by Environmental Impact Assessement (EIA) and Strategic Environmental Assessment (SEA)?

Environmental assessment is a procedure that ensures that the environmental implications of decisions are taken into account before the decisions are made. The process involves an analysis of the likely effects on the environment, recording those effects in a report, undertaking a public consultation exercise on the report, taking into account the comments and the report when making the final decision and informing the public about that decision afterwards.
In principle, environmental assessment can be undertaken for individual projects such as a dam, motorway, airport or factory (‘Environmental Impact Assessment’) or for plans, programmes and policies (‘Strategic Environmental Assessment’).

http://www.europa.eu.int/comm/environment/eia/home.htm

Ministry in charge of EIA & SEA in Cyprus:

ENVIRONMENT SERVICE OF THE Ministry of Agriculture, Natural Resources and Environment

Loukis Akritas Avenue

CY-1422 Nicosia

rocperiv@cytanet.com.cy

What is the Eco-Management and Audit Scheme (EMAS)?

The EU Eco-Management and Audit Scheme (EMAS) is a management tool for companies and other organisations to evaluate, report and improve their environmental performance. The scheme has been available for participation by companies since 1995 and was originally restricted to companies in industrial sectors.

Since 2001 EMAS has been open to all economic sectors including public and private services of the European Parliament and of the Council. In addition, EMAS was strengthened by the integration of an environmental management system required by EMAS; by adopting an attractive EMAS logo to signal EMAS registration to the outside world; and by considering more strongly indirect effects such as those related to financial services or administrative and planning decisions.

Participation is voluntary and extends to public or private organisations operating in the European Union and the European Economic Area (EEA) — Iceland, Liechtenstein, and Norway. An increasing number of candidate countries are also implementing the scheme in preparation for their accession to the EU.

More information: http://www.europa.eu.int/comm/environment/emas/about/summary_en.htm

Is LIFE-Third countries currently funding any projects in Cyprus?

In January 2004 the European commission approved 17 environment projects that will receive funding under the LIFE-Third Countries programmes 2003, amongst the selected projects Cyprus will receive a total of €726,768.

Once Cyprus becomes a Member State it will be eligible for funding from the LIFE Nature and Environment programmes.

For more details http://www.delcyp.cec.eu.int/en/news/040113a.htm

Can Cyprus obtain funding for its conservation areas?

Yes. More recent programmes financed under Life are those on the assessment of mining waste pollution, integrated industrial pollution control, environmental policy formulation, the development of a monitoring and early warning system for the surface waters, and the establishment of special areas of conservation. For 1999, the approved proposals relate to household waste recycling, the introduction of EMAS, and the integrated management of a rural region.

Up until last year, Cyprus was participating in LIFE Third Countries now project proposals of Cypriot organisations are already in Brussels for financing under LIFE and Natura.


For more information on the environment http://europa.eu.int/pol/env/index_en.htm

Air Quality

What does the EU say on air pollution?

Air pollution can be caused by many factors one of the most common ones is carbon monoxide and lead emitted into the air from car exhausts. Pollution affects our health and over the years, respiratory problems have increased. This has a human cost but also a financial cost to the public health sector. EU law attacks air pollution by limiting it at source and by making these limits legally binding.

The EU has, since 1998, held a European Car-Free Day on 22 September every year. On this day, the only means of transport allowed is walking and cycling. This event also takes place in Cyprus.

What is being done to tackle the problem of air pollution in Cyprus?

In the air quality sector, legislation is in place. Air quality plans and programmes need to be completed and monitoring enhanced by accession. As regards the sulphur content of liquid fuels, a transitional arrangement until 1 May 2005 has been agreed.


Is the EU funding any projects in this field?

Yes. A project to monitor air pollution is being funded to help establish an ambient air quality and emissions monitoring system.

LIFE is also funding the following four projects on air pollution: Capacity building for enabling the incorporation of urban sustainability parameters in Spatial Urban development and planning policy and practices through the use of indicators in Cyprus, Legislation and policy options for reduction of traffic emission in Cyprus, Integrated control of Industrial pollution and chemical substances in Cyprus, and Cycle networks in Cyprus towns.


Is Cyprus complying with the legislation on industrial pollution?

The legislation on industrial pollution and risk management is in place and is in line with the acquis, except for the recent acquis on large combustion plants and national emission ceilings, which need to be transposed by accession. Permits need to continue to be issued and complied with for installations subject to the rules on integrated pollution prevention and control (IPPC) according to the acquis deadlines (until October 2007). As regards major accident hazards, internal emergency plans need to be revised and external emergency plans established by accession. Administrative capacities are in place and function. Special arrangements have been agreed with Cyprus regarding large combustion plants.

What does the EU say on leaded petrol?

It says that leaded petrol must be phased out in favour of unleaded. The European Commission proposed introducing sulphur-free petrol and diesel in EU countries from 2005, so as to reduce carbon monoxide emissions. From 2011, the use of sulphur-free petrol will be compulsory.

Does this mean that I have to change my car if it runs on leaded petrol?

No. You must first check with you car manual whether your car can take unleaded petrol. Some cars, especially those manufactured after 1987 were made to run on unleaded petrol but were instead run on leaded. If this is the case with your car, you need to clean the engine to remove any traces of leaded petrol and start giving your car unleaded.

Are there EU standards on unleaded petrol?

Yes. There is a law that regulates the octane level, vapour pressure, distillation by evaporation, and aromatics, benzene, olefins, oxygen, oxygenates, sulphur and lead content.

Are there EU standards on diesel?

Yes. There is also a law that improves the quality of diesel fuel. The standards regulate the cetane level, density, distillation, polycyclic aromatic hydrocarbons and sulphur content.

I heard about VOCs emitted from fuel. What are they?

Gas emissions, known as Volatile Organic Compound (VOCs), seep out of storages where petrol is kept, whether terminals or even petrol stations. VOCs may have a number of harmful effects on humans, depending on the concentration and length of time exposed. Among known symptoms are headaches, asthma attacks, nausea, eye irritation, skin irritation, dizziness, drowsiness, fatigue, respiratory problems, visual disorders, memory loss, depression, sinus problems, gynaecological problems, liver damages, kidney damages, damages to mucous membranes, damages to the reproductive and immune systems, damages to the nervous system (brain, spinal cord and peripheral nerves) and cancer. Of course, the people who are most exposed to VOCs are those who work at petrol stations.

Does the EU have any laws on climate change?

Yes. For instance, on the ozone layer. Ozone occurs naturally in the atmosphere: it forms a layer and absorbs some of the potentially harmful ultra-violet (UV) radiation from the sun (which can cause skin cancer and damage vegetation). Due to the production of certain industrial products, which use gases such as chlorofluorocarbons (CFCs) and hydrofluorocarbons (HCFCs), this layer is becoming thinner and thinner. CFCs and HCFCs have frequently been used in refrigeration systems, air conditioners, aerosols, solvents and in the production of some types of packaging. We are therefore exposing ourselves more to UV rays with the consequent health risks. EU law requires member states to phase out these ozone-depleting substances.

What if the Government does not enforce EU standards?

It will then expose itself to a complaint from any Cypriot citizen who can write to the EU about this shortcoming. A simple letter of complaint from a citizen, in Greek or any other official EU language, can trigger an investigation into whether the Cypriot authorities are applying EU laws. If they are found to be lacking, they will be given time to comply. But if failure persists, the Government can be taken to the EU Court. After the judgement, if failure continues to persist, the country can again be taken to the EU Court so that a fine may be imposed. So far, there has only been one case where a country was fined by the EU under this procedure. Usually, things do not have to go so far for a country to enforce EU standards.

Why does the EU have a policy on air quality?

Because environmental damage and health risks caused by air pollution are a common concern among EU countries and there is a common will to tackle this problem jointly.

For instance, transport in the EU doubled in just over 20 years. There is also a general lack of land-use planning. There is a physical separation of home, work and leisure which forces us to travel. Investment in roads has been significant and there was also an increase of car culture.

So what was the EU’s response to these problems?

One of the first initiatives taken by the EU was an agreement reached with the automobile industry - the Auto-oil programme. This programme ran from 1992 – 1996 and set standards for the year 2000 on the limitation of pollutants such as carbon dioxide (CO2). The first two laws emerged from this voluntary agreement, one with regards to limits of emissions of SO2, CO2, NO2, lead in air, ozone and benzene and another on the quality of petrol and diesel. The success of the auto-oil programme lead to a second one in 1997: Auto-oil II, setting higher limits for pollutants till 2005 and involving a wider range of stakeholders. The result of this programme was an overall law on air quality (the Framework Directive) as well as the establishment of the Clean Air for Europe (CAFΙ) programme. The Framework directive has three main aims: (i) that all member states monitor air quality in the same way, (ii) to establish limits and warning thresholds for thirteen hazardous substances and (iii) to provide information to the public as to which areas suffer from high air pollution and to notify them when safety limits have been breached.

The EU also has laws on air pollutants that are stationary, such as combustion plants, including power stations. EU law limits the emissions produced by combustion plants, such as nitrogen oxide and dust.

I heard in the news about the Kyoto agreement. What is it?

It is an international environmental agreement that aims at reducing greenhouse gases. The EU agreed to reduce these by 8% from 1990 levels by 2008-2012. Cyprus acceded to the Kyoto Protocol in 1999. The US has not signed the Protocol.

For more information on the Environment http://europa.eu.int/pol/env/index_en.htm

For more information on Air Pollution http://europa.eu.int/scadplus/leg/en/s15004.htm

Hunting & Trapping Enthusiasts

Will hunting still be allowed once we join the EU?

Yes. However the species which one may hunt will continue to be regulated during the hunting season.

When is the hunting season open in Cyprus?

The hunting season begins on the first Sunday after August 15 and lasts until the end of February.

Can all species be hunted throughout the hunting season?

No, certain limits are placed at the beginning of each hunting season which hunters may not exceed. The person in charge of drawing up the written recommendation on which species may be hunted has to take into account the following:

a) the principles of a sustainable use and ecologically balanced regulation of hunting of wild birds

b) the compatibility of hunting with the population level of the wild birds and in particular migratory birds

c) the geographical distribution of the wild birds

d) the reproduction rate of the wild birds throughout the European Community

e) the effect of a possible prescription of the wild birds in the efforts to conserve them within their zone of distribution.

Does the EU prohibit some things in particular?

Yes. The EU prohibits the:

a) deliberate killing or capture of wild birds by any method;

b) deliberate destruction of, or damage to, the nests and eggs of wild birds or removal of their nests;

c) deliberate disturbance of wild birds during the period of breeding and rearing;

d) taking the eggs of wild birds in the wild and keeping these eggs even if empty;

e) keeping of wild birds the hunting and capture of which is prohibited.

Does the EU impose certain restrictions on the methods used to capture or kill animals?

Yes, the following means of capture or killing are prohibited:

a) snares, limes, wire-knots, iron-traps, leghold traps, hooks, live wild birds which are blind or mutilated used as decoys, tape recorders, electrocuting devices, electronic devices causing death or anaesthetization and any other similar traps or luring means and methods;

b) searchlights, artificial light sources and other blinding means, mirrors, devices for illuminating targets, sighting devices for night shooting comprising an electronic magnifier or image converter, shooting tools for night hunting, silencers, baits with explosive mechanisms;

c) explosives;

d) nets, traps, poisoned or anaesthetic bait;

e) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition

f) plastic or other models of game or wild birds, sound producing appliances imitating voices of game or wild birds, used on their own or with contribution or use of any other means, such as tapes and CDs;

g) the method commonly known as “pantima” or engaging or taking part in such method or any other method or practice having effects similar to that of “pantima”;

h) chemical substances for luring game and wild birds;

i) poisonous sees or substances;

j) appliance which on its own or with the additions of any accessory is capable of spotting game;

k) feeding;

l) falconry.

Are certain means of pursuing wild birds prohibited?

The use of aircraft, cars and any land motor vehicle of any category, as well as boats driven at a speed exceeding five kilometre per hour are prohibited in the pursue of wild birds.

Is it true that bird trapping in Cyprus will have to stop when we join the EU?

Bird trapping was already prohibited before Cyprus’ accession to the EU.

What happens when EU hunting regulations are not respected?

When the hunting regulations are not respected penalties are issued.

Is there a directive on wild birds?

Directive 79/409/CEE on Wild Birds— often known as the Bird Directive — was adopted in 1979 in response to the alarming situation of bird populations in Europe and the obvious need for Community-level action to improve their status. Indeed:

· the total numbers of many bird species of the European Community were strongly declining;
· the number of bird species was diminishing in many regions of the European Community
· migratory bird species move from region to region in the course of their annual cycle.

Will the Commission send its inspectors to check Cypriot hunters?

No. Enforcement is in the hands of the local authorities. Hunters themselves have an interest in ensuring that their colleagues do not abuse their hobby.

If the Commission finds that regulations are not being enforced, what happens?

If the Cypriot authorities do not live up to this commitment, they would be in breach of the obligations of membership. The Commission has to ensure that Member States fulfil their obligations and can take legal action against them to make sure that they do. This has already happened with a number of other EU countries on this law. But of course, a lot also depends on hunters themselves. Stricter enforcement should bring about more control over illegal practices. This plays in favour not only of better conservation of protected birds, but also in favour of those hunters and trappers who stick to the rules.

Does the EU impose fines for illegal hunting?

The EU has nothing to do with fines that may be imposed on hunters who break the law. It is the prerogative of the Cypriot Government to establish the amount of fines for any contravention.

What is the situation going to be like after membership on the trapping of black caps (ambelopoulia)?

The situation before and after membership remains the same. Trapping of black caps is not allowed. Some problems do exist in particular as regards enforcement of the legislation. These issues are being addressed.

Nature Protection, GMOs & Tourism

Does the EU protect wildlife in general?

Yes. EU law seeks to protect wildlife species and their habitats. Member states are required to identify special areas of conservation and to draw up plans of how they intend to manage and preserve them, side by side with the daily economic and social activities. Until now there are around 200 habitats, 200 animals and over 500 plant species that have been listed under this law and which require protection. This law also prohibits trade in a number of species, which are listed in the law itself.

Is Cyprus in line with this law?

The legislative framework to comply with the two basic EU directives the on Habitats and Birds has been transposed.

What is 'Natura 2000'?

The Special Protection Areas (which primarily cater for the protection of migratory birds) and the Special Areas of Conservation together form the Natura 2000 network. All in all, over 12,000 sites form part of this network, which covers more than 13% of the EU’s territory.

Thirty-four areas are expected to be proposed by the Government under Natura 2000. The Government is expected to meet soon with the related communities, to finalise and submit the National List of Natura 2000 sites before 1 May 2004. The designated areas include much of the Akamas, the Machairas forest, Cape Greco area, Diarizos valley, Stavros tis Psokas and Larnaca salt lakes.

Which other projects related to nature protection and tourism is the EU funding in Cyprus?

The EU is funding the installation of an automatic fire detection system at Akamas forest. The project consists of designing and installing an automatic detection system in order to minimize the time from the outbreak of a fire to it’s detection and first alert.

Cyprus is also receiving funding from LIFE for the following projects: The River Valleys Project and Laona project – a scheme to promote sustainable development among rural communities bordering Akamas.

http://europa.eu.int/comm/environment/life/project/

What about enforcement?

Nature protection has been subject to legislation since the early 60s, with laws on town and country planning, forests, fisheries and game and wild birds. Further legislative measures aimed at fully transposing the acquis communautaire will be incorporated in the new law(s) for the environment.

The Ministry of Agriculture, Natural Resources and Environment is responsible for almost all of the nature-related aspects of the acquis, with some specific areas covered by responsibilities of the Ministry of Interior and Ministry of Labour and Social Insurance. Infrastructure and expertise are in place to implement the acquis but according to needs additional technical improvements and further strengthening of the administrative structures will be introduced.

What about GMOs?

The EU legislation related to Genetically Modified Organisms (GMOs) and Genetically Modified Micro organisms (GMMs) has been adopted in Cyprus.

How is sustainable development related to tourism?

One big challenge that the EU is faced with is the balance between ensuring the satisfaction of tourists' demands and the protection of the environment. The EU therefore seeks to protect the areas of natural value and beauty. The protection will ensure that Union's natural beauty will be retained for future generations and in turn if properly managed attracts high quality tourism.

The EU identified best practices in sustainable tourism so that they can be promoted for the benefit of European tourism. The EU also co-operates with EcoNett, the European Community Network For Environmental Travel and Tourism. This is a pan-European network that is supported by the Commission. It brings together the main interests in tourism and environment, disseminates information and provides guidance to the tourism industry and public sector.

What is the Blue Flag initiative?

Blue Flag for beaches is a certificate that is awarded to beaches and marinas that meet the highest EU standards. The criteria include the quality of the bathing water, safety and services at the beach, environmental education and information and environmental management. This helps the tourist to be better informed about the cleanest and safest beaches to go to, as well as helping to protect the natural habitat around the beach area, since one of the requirements is also to provide information to bathers on any specific flora and fauna found there and what behaviour is therefore required.

For more information: http://www.blueflag.org/


For more information on the environment http://europa.eu.int/pol/env/index_en.htm

Waste Management

What are the four EU principles on Waste Management

1. Prevention i.e: that waste production should be minimised and avoided as much as possible.
2. The "Polluter pays principle" i.e: that those who contaminate the environment should be fined for their actions.
3. The precautionary principle i.e: to prevent potential waste problems.
4. The proximity principle i.e: wherein it stresses that waste should be disposed of as closely to where it is produced.

What are the four methods of waste sorting suggested by the EU?
1. Landfilling should always be the last resort
2. Landfills must be "engineered", that is, divided into lined cells which are capped and isolated from one another and the environment
3. Hazardous, non-hazardous and inert waste must go to separate landfills
4. Domestic waste would be sent to the non-hazardous landfill, but this must be gradually reduced to a target of first 75%, then 50% and then even 35%.
What about packaging waste?

The main issue with regards to waste has been on the subject of packaging and packaging waste. Here, EU law imposes targets for the recovery and recycling of packaging and packaging waste. 50-65% of all packaging waste by weight should be recovered, while 25-45% of packaging waste should be recycled. Apart from this, a minimum of 15% of each packaging material also has to be recycled.
Cyprus is still quite far from achieving these targets.

What does the EU say with regards to hazardous waste and incineration?

EU law on hazardous waste gives a common definition to hazardous waste and introduces harmonisation of the management of this type of waste. This law draws up a list of toxic and dangerous substances. Individual EU countries must then ensure that these substances are stored and treated only in authorised plants. Another law obliges them to set up and enforce conditions on the incineration of such waste and to grant permits for incineration only if all the necessary requirements in the law are met. In the year 2000, the EU introduced measures to prevent and reduce the effects of incinerating dangerous waste on the environment and public health. A list of strict conditions has been put forward for the operation of waste incineration plants, and emission limits have also been established. The EU also includes cement kilns and power plants in its incineration policy.


Is Cyprus applying the acquis as regards waste management?

Yes, legislation is in place A national waste management plan has still not been adopted. The supervision system for waste shipments is already functioning. The permit and deregistration system for end-of-life vehicles needs to be established. The establishment of collection systems (including for batteries) and recovery and disposal facilities needs to continue. The development of a hazardous waste management programme is still pending. A transitional arrangement until 31 December 2005, with intermediate targets, has been agreed for the implementation of rules on packaging waste.


Is the EU funding any projects in Cyprus?

Yes. The EU is funding a project on upgrading the solid waste management system (landfill), the purpose of the contract is to carry out studies and designs for the construction of new landfills and rehabilitation of old ones.
Through LIFE is also funding three projects. The first one is to provide “Guidelines to the Cyprus Competent Authorities for Policy Formulation for Sustainable Management of pig-farming wastes in Compliance with EU Practice” while the other one deals with the “Development of best management systems for high priority waste streams in Cyprus” and the third one is a “Household Recylcing Partnership”.

http://europa.eu.int/comm/environment/life/project/

How should I dispose of household appliances ?

Computers are made up of more than 1,000 components, mostly toxic, such as lead, cadmium, plastic and polyvinyl chloride. Incineration of computers is particularly dangerous. On 13 February 2003 the EU passed Directives on the Waste Electrical and Electronic Equipment (WEEE) and the Restriction of the use of certain Hazardous Substances in electrical and electronic equipment (RoHS). These new laws make producers financially responsible for the complete life cycle of their products marketed after 13 August 2005. They are also collectively responsible for recycling all e-waste put on the market before this date. The Directive applies to large and small household appliances (washing machines, toasters), IT and telecommunications equipment (computers, telephones), consumer equipment (radios), lighting equipment, electrical and electronic tools (sewing machines), toys (video games), medical equipment systems (with exceptions), monitoring and control instruments (thermostats), and automatic dispensers.

What about the disposal of batteries..

Batteries contain heavy metals such as cadmium, mercury and lead, which are harmful to your health if not disposed of properly. EU law limits the heavy metal content of batteries and is currently also seeking to improve their recycling, by increasing the amount of batteries that are collected and recycled.

..fridges?

EU law makes it illegal to simply throw away fridges as they may contain dangerous substances, such as chlorofluorocarbons (CFCs) and hydrochlorocarbons (HCFCs) that harm the atmosphere. Refrigerators must be crushed in enclosed "fridge eaters" that extract the CFCs so they can be destroyed.

..oils?

There are two kinds of waste oils: used edible oils and used lubricating oils.

EU law states that EU countries must ensure that all waste oils are collected and disposed of in the proper way, mostly through processing, destruction, storage or tipping above or under the ground.

..vehicles?

The EU already has a law on "end-of-life vehicles" which deals with their disposal once the owner has decided to dispose of it. The oil, brake fluid, batteries, tyres, catalytic converters, as well as dangerous substances, such as mercury, must all be removed before the car is disposed of.

Can waste be transported?

Yes, provided that it is done under certain conditions and on the principle that waste should be disposed of as close as possible to the source where it was generated. Transport of waste should be kept at a minimum to reduce chances of accidents. EU law prohibits the shipment of waste intended to be disposed of in non-OECD (Organisation of Economic Cooperation and Development) countries, or of hazardous waste destined for recovery in non-OECD countries. Hazardous waste must be recorded and identified. Different categories of hazardous waste cannot be mixed and hazardous waste is not mixed with non-hazardous waste, with certain exceptions. Any establishment or undertaking which carries out disposal operations must obtain a permit and must be inspected regularly.

Have there been any cases where EU countries were fined for failing to enforce EU law?

Yes, there has been one case in the year 2000. Greece was fined over an illegal landfill on one of its islands, Kouroupitos. Domestic waste was being disposed of, as well as used batteries, waste oils and other forms of industrial waste. The Commission had been investigating the case since January 1998. After several warnings and having been taken twice to the European Court of Justice, Greece was fined
EUR 20,000 a day until the landfill was closed. This was also the first time that an EU country was fined under this procedure. In 2001, the fine was terminated because Greece implemented a number of reforms. It closed the landfill at Kouroupitos and adopted a plan for waste management for the region of Chania.

For more information on the Environment http://europa.eu.int/pol/env/index_en.htm
For more information on waste management http://europa.eu.int/scadplus/leg/en/s15002.htm

Water Quality

Why does the EU have a policy on water?

Because water resources are very limited and are sometimes polluted. Recent statistics show that industry alone uses 53% of the world’s water resources. Agriculture and households use 26% and 19% respectively. The EU water policy is based on two fundamental principles: to regulate the use of water and to improve the quality of drinking water, bathing water, groundwater, as well as water used in agriculture and for the cultivation of fish and shellfish.

Does EU law rule out subsidies for water?

EU law encourages the sustainable use of water. The price of water should normally reflect the real price of production.

What is the Water Framework Directive (WFD)?

On 23 October 2000, the "Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for the Community action in the field of water policy" or short the EU Water Framework Directive (WFD) was adopted. It requires all inland and coastal waters to reach "good status" by 2015. It will do this by establishing a river basin district structure within which demanding environmental objectives will be set, including ecological targets for surface waters. The whole island of Cyprus is considered to be one river basin.

For more information on the WFD http://www.europa.eu.int/comm/environment/water/water-framework/index_en.html

What does the EU say on Waste Water?

Most illnesses attributed to polluted bathing water find their origins in the discharge of sewage into the sea. EU law deals with the collection and treatment of waste water. EU countries must collect urban waste water and this should go through treatment to remove suspended solids, dissolved organic matters and nutrients as well as microbes at each stage of treatment. Sewage cannot be dumped into the sea untreated.

How is Cyprus applying the acquis?

The preliminary inventory of the dangerous substances has been completed and the findings are that only 7 installations may contain dangerous substances. The study has also indicated that only the “Polemidhia” dam and the “Garillis” river may have a problem. The analysis of samples taken was initiated at the middle of January.

The designation of nitrate vulnerable zones and the waters affected by nitrate pollution has been completed and the relevant Order was signed by the Minister. An Order for the action programmes for the NVZ΄s has also been approved by the Minister.

As regards urban waste water, a transitional arrangement until 31 December 2012, with intermediate targets, has been agreed in the accession negotiations.

Is the EU funding any projects in this domain in Cyprus?

Yes. Cyprus is receiving funding for the Development of Technical Documentation for the Collection and Treatment of Urban Waste Waters. The project consists of the preparation of the relevant studies for sewerage networks and treatment plants for 28 communities. This service contract is now in the implementation stage.

LIFE is also funding the “Development and Implementation of an Integrated System for the Control and Monitoring of the Urban Wastewater Treatment Plants in Cyprus.”

http://europa.eu.int/comm/environment/life/project/

Are there any regulations on the quality of water used in agriculture?

Yes. EU law regulates the level of chemicals thrown in the soil which mainly occurs through fertilisers or through waste. Since some of these chemicals, especially nitrates, do not evaporate, they are likely to remain in water that can find its way to the water we drink, or consumed by plants (some of which we also eat). EU countries must therefore check the level of these nitrates and see that it is acceptable according to the amount that is laid down in the EU’s Law.

What about other dangerous substances disposed into the sea?

EU law regulates this too. Cyprus must draw up two lists of dangerous substances which are to be monitored. Those belonging to the first list must be phased out, those belonging to the second list must be reduced.

How is the quality of bathing water controlled?

EU countries must monitor their bathing water regularly according to indicators set in EU law, which also includes the aesthetic appearance of the water. Sampling must take place every fortnight and one additional sample should be taken just before the bathing season starts. Every year, the EU issues a report on the quality of bathing water in the EU. The last one issued in 2002 stated that only 7 out of 10 bathing areas in the Member States maintained the same standards as in the previous bathing season.

On 24 October 2002, the Commission adopted the proposal for a revised Directive of the European Parliament and of the Council concerning the Quality of Bathing Water COM(2002)581. This is still under debate.

For more information on the Quality of bathing water and more details on the 2003 report http://www.europa.eu.int/water/water-bathing/report.html

Is information provided on which beaches are clean in the EU?

Yes. Healthy swimming in the EU has been made easier, not just because of the implementation of these laws, but because the results are actually placed on a website, known as the Tourist Atlas. The results are displayed on a map, where anyone can click on a particular beach in a particular country and see for themselves the breakdown of the tests for each beach. This helps tourists make the right choices when choosing their bathing spot. It also increases the pressure on EU countries to adhere to the standards set out in the law, since no country wants bad publicity for its beaches.

Tourist Atlas: http://europa.eu.int/water/cgi-bin/bw.pl

Are there any specific laws that deal with coasts?

Not really. But there is an evolving EU policy on coastal zones. The EU’s coastal zones are under pressure. Statistics reveal that half the EU’s population lives within 50km of the sea. Coastlines are thus facing particular problems, such as badly-planned tourist developments, a declining fishing industry, pollution, poor transport networks, erosion and habitat destruction. It is for this reason that the EU has drawn up a plan towards more co-ordinated management, involving a greater number of stakeholders in the decision-making processes. The main principles of this Integrated Coastal Zone Management (ICZM) strategy enable decision-makers to:

· Take a wider view of the problems at hand
· Take decisions based on good data and information
· Be flexible and work with the natural forces
· Involve all stakeholders, and to
· Make use of a whole range of available legislation and material

For more information on the Environment http://europa.eu.int/pol/env/index_en.htm


11. Justice and Home Affairs

The Police Force

Can EU citizens work as police officers in Cyprus?

No. Police, together with the army, judiciary, diplomatic corps, as well as tax officers, belong to a group of jobs that can only be filled by Cypriot nationals since their duties include the public safety and order, as well as the safeguarding of the national interests of the country. Member States can reserve these jobs or professions only to their nationals because of their sensitivity. This means that Cyprus has every right to refuse EU citizens who want to work as police officers here. Equally, of course, Cypriot citizens cannot expect to work as police officers in other EU countries.

Will our working hours change?

The EU regulates working time in a specific law known as the "Working Time Directive". The law is a health and safety measure and seeks to ensure that workers’ health and safety is not put at risk because of long work periods. Police officers are exempt from the parts in this law that provide for daily rest, breaks, weekly rest and night work, since police officers may well be required to work over and above the maximum number of hours in order to enforce public safety. They are however entitled to those rights under the law that stipulate a minimum of four weeks paid annual leave.

What about health and safety at work?

The EU has a large number of regulations relating to Health and Safety at the place of work. Once again, however, because of the sensitivity that goes into the role of a policeman and the particular nature of the job, these laws do not apply to the police force. This does not mean that police are not entitled to a safe working environment, but that due to the nature of their job, the EU leaves it in the hands of each country to decide on safety measures that should apply to this category of jobs.

What is EUROPOL?

It is the EU organisation that will affect the police force most directly. Based in The Hague, it was set up by the EU to deal with law enforcement, particularly regarding organised crime. It operates in a similar manner to Interpol, which Cyprus already forms part of, and which is also based on the principle of "crime knows no borders". Both Europol’s and Interpol’s objectives have recently been updated to take into account the September 11th attacks. Now, more than ever, there is a stronger emphasis on the need to secure a zone of security and justice within the EU. Europol’s responsibilities now deal with a wide range of issues where two or more EU Member States are affected. These include illegal trafficking in drugs, in stolen vehicles and in human beings, sexual exploitation of women and children, pornography, forgery, terrorism, money laundering and counterfeiting of the euro. Europol supports Member States through the exchange of information, by providing operational analysis, reports, crime analysis, expertise and technical support. Cyprus will be able to participate fully in Europol upon accession.

Is there common EU training for Police?

The EU established CEPOL, the European Police College. So far this is just a network of existing police academies. But the long-term intention is to transform it into a permanent training institution for police. The College will make it easier for courses to be organised with the aim of understanding differences in the various policing systems in EU countries.

Apart from CEPOL there also are a number of courses and programmes that offer training, information and research for the police force. An interesting example of this would be the research done by the European Commission about technology in correctional facilities.

Cyprus may participate on a case-by-case basis in a number of programmes (outlined below) that are of interest to police. After membership, Cyprus would be able to initiate its own projects and participate fully in all of them. The following programmes are open to police participation:

· STOP: on illegal trafficking of humans and sexual exploitation of children.
· DAPHNE: against violence on women and children.
· FALCONE: against organised crime.
· ODYSSEUS: on illegal immigration and refugees
· OISIN: on law enforcement
· HIPPOKRATES: on the prevention of crime, particularly crime amongst youth, in cities and drugs.
For more information about these programmes and more, visit:
http://europa.eu.int/comm/justice_home/funding/intro/funding_intro_en.htm

What is Schengen?
It is an agreement originally signed by Germany, France, and the Benelux countries in the small Luxembourg border town of Schengen in 1985. Since 1999, it has been fully integrated into the EU law. It completely removes controls on persons at internal borders between Member States and harmonises controls at the EU’s external borders. External borders to the EU are very strictly regulated since, once a person is inside the Schengen area, they are free to move around. For this reason, the Schengen Information System (SIS) was created. This is a complex database that enables law enforcement and legal authorities to exchange data for investigations on persons wanted for arrest or extradition purposes, or on stolen vehicles or stolen works of art. At the same time, other independent supervisory authorities ensure that information entered into the SIS does not violate data protection rules. This agreement is supported by a network known as SIRENE (Supplementary Information Request at the National Entry) that is made up of representatives from the national and local police, customs and the judiciary. Cyprus will also nominate officials from the police and customs sector, as well as from the judicial authorities to participate in this network.

What initiatives does the EU take on Drugs and Organised Crime?

In 1998 the EU launched an action plan to fight organised crime. One of the main objectives of this plan was to establish a number of common definitions and penalties. The Cypriot police will be collaborating with Europol on this issue in the same way as other police forces in the EU member states. This will help our police force to rely on more co-operation when tracking criminals. One of the rights extended to police officers under this co-operation is the right of pursuit across borders in cases that constitute a serious crime. This means that police can chase criminals in hot pursuit into any other EU country he/she escapes to, without any restrictions. Before this agreement was reached, the police would have to stop their search as soon as the criminal crosses the border.

The EU has initiated a similar action plan with regards to drugs that has been running since 2000 and which will end in 2004. This action plan focuses on encouraging multi-agency co-operation and the involvement of civil society, providing information and evaluation with regards to drugs trafficking, as well as co-operation in relation to the supply and demand reduction of drugs and on international co-operation.

What is Eurojust?

It is a network of prosecutors, judges and police around Europe who are nominated by the authorities of their own country to improve investigations and prosecutions against organised crime in Europe.

Does the EU do anything about Cybercrime?

Cybercrime refers to criminal acts committed over the internet and which has proved to be very hard to trace, once again, because it crosses borders easily whilst justice is hampered by the complexities of various national laws. For this reason, the European Commission set up an online Forum open to law enforcement agencies, internet service providers, consumer associations, data protection authorities, telecommunication operators and human rights organisations. The Forum seeks to spread information, good practice, tools in combating cyber-crime, early warning and the creation of networks. The website itself is divided into a section which is open to the general public and another which is reserved for experts for discussion on technical issues. The first meeting of this Forum was held in November 2001. The Commission is also proposing to harmonise EU law in this area - in particular on hacking, viruses, and false identity issues, especially when these seriously affect public services or a company’s reputation.

Has the EU taken any initiatives on terrorism?

Yes. In the wake of the September 11th attacks, the EU issued two proposals with specific reference to terrorism, which include the introduction of a European Arrest Warrant. Currently, persons who live in one EU country but are accused with criminal charges in another are not automatically arrested and sent to the EU country where they are to be charged. Instead, there is a legal procedure, known as extradition, that has to be followed.
The European Arrest Warrant will now replace the long and sometimes unsuccessful process of extradition. From 2004, judicial authorities of a country that wants another country to hand someone over may issue an arrest warrant. The warrant must be recognised in all member states and it applies to all offences. But in practice, it will only be issued with respect to offences punishable with imprisonment of over one year or when a person has been sentenced to imprisonment exceeding four months. EU countries agreed to a list of thirty-two offences that are punishable by imprisonment of three years or more, which means that the warrant can be executed more easily in relation to these offences because countries cannot object to it by claiming that the offence is treated differently under their law. This list includes terrorism, trafficking of human beings, sexual exploitation of children, child pornography, illicit trafficking in arms and corruption.

More Information
EUROPOL: www.europol.eu.int

12. Taxation


What does the acquis on taxation cover?
The acquis on taxation largely covers a large proportion of indirect taxation, as concerns VAT (value-added tax) and excise duties. It lays down definitions and principles of VAT. Excise duties on mineral oils, tobacco products and alcoholic beverages are regulated at EU level as concerns the structure of the duty, the level of minimum rates and the holding and movement of excisable goods.

As concerns direct taxation, the acquis covers some aspects of corporate taxes and aims mainly at removing obstacles to cross-border activities between enterprises. Finally, the Community legislation in the area of administrative co-operation and mutual assistance provides tools to prevent intra-Community tax evasion and tax avoidance on both direct and indirect taxation.

Is Cyprus in line with the acquis?
Concerning indirect taxation, Cyprus will follow the acquis on VAT. In some cases transitional periods have been granted during the accession negotiations .

Will Cyprus have to introduce VAT in some domains?
Yes, it will have to introduce VAT on immovable property and the provisions for intra-community transactions. It will also have to revise its provisions for VAT adjustments for capital goods. Overall, administrative capacity including the appropriate human resources to effectively manage, implement and enforce the acquis is in place.

Did Cyprus obtain any transitional periods in this field?
Yes, in the course of negotiations Cyprus obtained transitional periods relating to the application of the reduced VAT rate on restaurant services (until 31 December 2007), and to maintain the zero VAT rate on foodstuffs for human consumption (with the exception of ice cream, ice lollies, frozen yoghurt, water ice and similar products and savoury food products potato crisps/sticks, puffs and similar products packaged for human consumption without further preparation)and pharmaceuticals (until 31 December 2007). Cyprus also obtained a VAT exemption on the supply of building land (until 31 December 2007) and was granted the possibility of applying a cash accounting scheme and a simplified procedure for the value of supplies between connected persons (until 1 year after accession). Finally, Cyprus obtained derogations as concerns the application of a VAT exemption and registration threshold of €15 600 for small and medium-sized enterprises (SMEs), and to exempt from VAT the supply of international passenger transport.

What about excise duties?
Cyprus will follow the acquis. This means increases in the level of excise duty rates on some categories of products and to establish the duty suspension arrangements, including for intra-community movements. Cyprus had to address certain discrepancies with regard to the tax structure of sparkling wine and cigarettes and to eliminate existing import duties to be replaced by excise duties. The necessary administrative structures for excise duties have been put in place
Cyprus has transitional periods relating to the exemption from excise duties for mineral oils used for the production of cement (until 1 year after accession) and is allowed to continue to apply reduced excise duty rates on all types of fuel used for local passenger transport (until 1 year after accession).

What about direct taxation?
In the field of direct taxation, Cyprus had to transpose the acquis such as on indirect taxes on the raising of capital, interest and royalties and on taxation of savings income. The administrative capacity of the tax administration is satisfactory overall but a formal risk assessment system should be put in place.

Is Cyprus implementing the acquis as concerns administrative co-operation and mutual assistance?
Yes, Cyprus has taken the necessary steps to transpose the acquis and to implement it by 1 May at the latest , both from the legislative point of view and as concerns organisational structures including information technology systems. The Central Liaison Office (CLO) is operational and the Excise Liaison Office (ELO) is established.

Is the EU responsible for the prices rising on certain products?

Price hikes were taken into consideration in the accession negotiations with Cyprus set to receive benefits to cover any losses. Programmes to be co-financed by the EU and the government will boost the incomes of those to be negatively affected in rural and urban areas. The tax reform took account of the weaker groups in Cypriot society The threshold for reduced rates under the income tax regime has been increased.


Costlier water should not be blamed on the EU because it is the World Bank’s insistence that prices should reflect costs in order to prevent waste.

Implementation of the EU’s Common Agricultural Policy (CAP) will bring increases to the import of some agricultural products such as sugar, flour and dairy products while other products will be cheaper..As of May 1 duty will be exempted on al EU imports and this means that many foodstuffs prices will have to come down. The price of olive oil will come down by £1- £1.50 per litre. The same will happen with imported wine prices. As for prices on cheese, yoghurt, milk and fruit they will also drop by 15-30%. Cement prices will also drop substantially as well as industrialised food, such as biscuits, pasta, etc. The new Paying Agency in Cyprus set up under CAP will pay the premia to the farmers boost farmer’s income and help them adapt to new conditions.

Does the Treaty of Accession grant exemptions to acceding countries on excise duties on energy products?

The Treaty of Accession grants very few exemptions to accession countries in respect of excise duties on energy products. It authorises Cyprus to apply until 1 May 2005 an exemption from excise duties on mineral oils used for the production of cement and an exemption from additional excise duties on all types of fuel used for local passenger transport.

VAT Invoicing Rules

What are the new rules?

Council Directive 2001/115/EC, in force from 1 January 2004 in existing EU Member States and from 1 May 2004 in Cyprus and the other new Member States, harmonises, simplifies and modernises the invoicing obligations with which traders must comply when they sell goods or services that are subject to Value Added Tax (VAT). It also creates an EU legal framework for electronic transmission and storage of invoices.

This means that a trader in the EU will now only have to comply with one set of rules for all the invoices he issues, irrespective of where the goods or services he is supplying are taxable. Any invoice complying with these rules will be acceptable for VAT purposes throughout the EU by all tax administrations.

The rules provides for:
· A list of mandatory items that must be mentioned on each invoice such as the date of issue, number of the invoice, name and address of the selling trader and of his customer, description of the goods or services, VAT rate applicable and VAT amount payable. In some particular cases such as sales of new cars some supplementary information must be provided.
· Simplification schemes for certain categories of traders (such as small traders) and certain invoices (such as where the amounts involved are small).
· The option to issue electronic instead of paper invoices which will be valid for claiming VAT deductions.
· The freedom to choose the place and method of storage of invoices. For example, the Directive makes it possible for a trader to store invoices on-line in a Member State other than the Member State in which he is established.
· The possibility for a trader to outsource invoicing operations to a third party or to his customer (i.e. self-billing).
Under what circumstances do the new rules apply?

Only in those cases where it is compulsory, for VAT purposes, to issue an invoice, i.e. where there is a taxable supply of goods or services from one trader to another trader, in addition to a few other cases like distance selling from one Member State to private consumers in another Member State and sales of new cars. It therefore covers supplies within the same Member State, supplies between Member States, and exports to countries outside the EU (even thought the latter are exempted from VAT). In all these cases, the rules regarding the list of compulsory information and the technical requirements will apply.

In practice it is very unlikely that traders will use different invoicing systems for business-to-consumers (B2C) sales and business-to-business (B2B) sales. They will probably use the same invoicing systems for both sets of sales (perhaps listing fewer items on B2C invoices because, for example, private consumers do not have VAT numbers).
The new rules do not cover imports from outside the EU, because these fall under Customs rules.

Who stands to benefit from these rules?

Both traders and tax administrations.

First, as regards traders, the fact that they will now only have to cope with one set of rules will save them considerable administrative costs. The new harmonised rules are very flexible as regards the use of electronic invoicing, as traders will only be required to meet certain security requirements and will not have to comply with specific standards or techniques. In other words, the EU rules establish certain security requirements, but leaves it up to traders to decide what technology they want to use in order to meet those requirements.

The new EU rulestherefore encourages the development of electronic invoicing and thus the development of electronic commerce.

Second, as regards tax administrations, these will also gain in terms of costs and efficiency. Although the introduction by the EU rulesof the option for traders to use electronic invoicing will force administrations to make a greater investment in electronic auditing technology (software, hardware and training), they will, as a result, be able to carry out more efficient checks and controls. The European Commission is working together with Member States on the modernisation of tax auditing arrangements as part of the Fiscalis programme of co-operation between Member States to combat fraud .

Under what conditions can traders use electronic invoices?

Under the new rules , each trader is now able to use electronic invoicing on condition that the authenticity of the origin and integrity of the content of the invoice are guaranteed.

The rules provides for two alternative ways of ensuring those guarantees:

- Advanced electronic signatures,

- Electronic Data Interchange (EDI).

An advanced electronic signature allows someone receiving data over electronic networks to determine the origin of the data and to check that the data has not been altered. It is a signature that is uniquely linked to the person signing it, is capable of identifying the signatory, is created using means that the signatory can maintain under his sole control, and renders detectable any post-issue changes to the data that it guarantees.

EDI is a system of secure electronic information transmission used by businesses. It is a system based on an agreed standard and can be understood and treated automatically without human intervention. One such standard is EDIFACT (Electronic Data Interchange For Administration, Commerce and Transport) now generally accepted as an international EDI standard adopted by organisations wishing to trade in a global context.

The issuing trader is free to use whatever technology or standard he wants to use, provided that he fulfils the general conditions on security.

Member States which are prepared to accept other less secure methods of ensuring authenticity and integrity are free to do so.

The new rules mean that traders no longer have to seek prior authorisation or notify tax authorities in advance before using electronic invoices.

However, Member States have the option of imposing a system of prior notification during a transitional period (until the end of 2005).

Why was this new approach necessary?

At the time that the basic rules on VAT were adopted (the Sixth VAT Directive 77/388/EEC), it was not considered necessary to have a single set of harmonised rules regarding invoicing and Member States were left to fix individually most of the rules regarding the creation, transmission and storage of invoices. The Sixth Directive only laid down an obligation to issue an invoice, together with a minimum list of compulsory information that had to be mentioned on the invoice.

However, with the Single Market and the e-commerce revolution, the situation has altered significantly:

It is now far more common for traders to supply taxable goods and services to clients in other Member States. In addition, many firms operating on an EU-wide scale have started centralising their invoicing operations, entrusting to a single branch the task of issuing invoices on behalf of all other branches established in different Member States. In these circumstances, the fact that the rules on invoicing have up to now varied considerably from one Member State to the next has been a real burden for traders.

Furthermore, electronic invoicing, which can cut invoicing costs, is now becoming increasingly popular, notably as a result of the development of electronic commerce. But in some countries electronic invoicing has up to now been prohibited or has had to be accompanied by a parallel transmission of paper invoices.

Therefore it has now become necessary to have harmonised EU legislation on invoicing (including rules on obligatory information to be included in invoices, on the use of electronic invoicing and on storage) to make life easier for traders.

What are invoices used for?

A basic principle of the European Community VAT system set out in the Sixth VAT Directive (77/388/EEC) is that each business in the chain charges the tax on the supply that he makes and deducts the tax on the supply that he receives. Where a trader receives services or goods, his right to obtain a deduction or refund in respect of VAT on the costs of the services or goods supplied to him depends on his being able to produce an invoice to demonstrate the amount of VAT charged. A trader that supplies goods or services in respect of which an invoice must be issued must keep a copy of the invoice for inspection by the tax administrations if required.

Where is it possible to find more about the new rules and about their implementation in the Member States?

More information can be found on the Europa internet site:
http://europa.eu.int/comm/taxation_customs/taxation/e_invoicing/e_invoicing_rules_en.htm.

13. Trade

Trade implications of EU enlargement


What happens on 1 May from a trade perspective ?

The 10 new EU Member States adopt all aspects of the Common Commercial Policy:

They will apply all the EU bilateral trade agreements, the common external tariff and the EU trade defence measures. They will take on board the EU openness in external trade: overall, tariffs will decrease from 9% to 4%. In the WTO, the EU will speak for the 25 Member States, instead of 15. The new Member States will take over the EU's multilateral trade commitments and obligations.

What substantial benefits will enlargement bring to the EU?

The EU-25 will continue to speak with one voice in international trade fora. The addition of 10 Members will increase the EU's authority and influence in trade talks. The new Member States are young, dynamic and fast growing economies. This dynamism will benefit the whole of the EU.

Is it going to be a smooth transition?

From a trade perspective, enlargement with liberalisation of trade stemming from the Europe Agreements or the Association Agreements with Cyprus and Malta have already started. These provide for bilateral free trade (with minor exceptions in the field of agriculture and processed agricultural goods). Patterns are largely stabilised and enlargement will not disrupt trade with third countries.

The adoption of EU norms and standards is a gradual process, which started long before enlargement and should be completed by 1 May so as to ensure a fully functioning internal market. From an institutional point of view, the new Member States already participate, since April 2003, in the EU's trade decision mechanism. They share the EU's policy concept, including of course in WTO talks.

How will enlargement bring significant benefits to trading partners?

A larger internal market: more than 450 million citizens, accounting for roughly 18% of world trade and contributing to more than 25% of the world's Gross Domestic Product. The extension of the 'four freedoms' to the new Member States will simplify and enhance the access by third countries to the EU market. For example, products imported in Estonia in full compliance with EU standards and norms can freely move to Sweden or Greece. A Japanese investor established in Cyprus will have the freedom to provide services throughout the EU 25 at the same conditions than operators from all the other Member States. This was not possible until now.

A simplified and enhanced access to the ten new member states' markets: a single set of trade rules, a single tariff, and a single set of administrative procedures will apply not just across the existing fifteen member states but across the enlarged Union of twenty-five.

Larger coverage of the EU's open standard of treatment of third countries: the adoption by the new member states of the EU's external customs tariff will amount to a substantial overall reduction in customs duties.

The adoption of higher regulatory standards, notably in the protection of intellectual property rights, access to government procurement markets or in the field of competition, will safeguard better the interests of investors and traders in the new Member States.

Is the EU adapting its Free Trade Agreements in view of enlargement?

By 1 May 2004, the EU trade agreements will apply to the territory of the new Member States. This requires certain adaptations, notably to secure the level of traditional trade flows. Talks are ongoing with our trading partners, from Chile to South Africa, from Israel to Croatia, with a view to securing such adaptations by 1 May. The EU is also making sure that all trade partners will indeed grant to the new Member States the same trade treatment they give to the current ones, as from 1 May and without any disruption.

Will the EU adapt its quotas on steel, textiles and certain industrial products?

The EU will increase its quotas on steel and textiles, as well as those remaining on certain industrial products from China (footwear, tableware and ceramics) to take account of traditional import trade in the new Member States.

The Commission is looking at an increase in the current steel quotas vis-ΰ-vis Russia, Ukraine and Kazakhstan. In the case of Russia and Kazakhstan, this is a matter for negotiations. These countries are expected to reciprocate, i.e. that they recognise all the new Member States as full EU Members and that they extend to each of them all commitments they undertook to the EU.

For textiles, the increased quotas will apply only until the end of the year, after which all quotas on imports from WTO members will cease to exist with the expiry of the WTO Multi-fiber Arrangements on 1 January 2005.

What do WTO rules provide with regard to enlargement?

WTO rules provide that trade with the EC cannot become more restrictive than before enlargement. The EC will therefore meet with third countries in order to establish arrangements addressing their specific concerns, which are limited, while taking into account the great gain enjoyed by third countries automatically due to the enlargement itself.

What should the new Member States do in the run up to enlargement?
As new Member States forego their national trade policies, they must renounce their own bilateral free trade agreements with third countries. This work is largely complete. The new Member States will also have to amend their international agreements with third countries and eliminate any trade or trade-related provision, or any other provision which would conflict with the EU policies. This applies in particular to investment protection agreements with certain countries. Insofar as relevant provisions requiring amendment will be replaced by EU rules, the third countries concerned will maintain their rights and in certain cases even improve them, through the operation of the internal market.

For more information on trade and enlargement
http://europa.eu.int/comm/trade/issues/bilateral/regions/candidates/index_en.htm
For more information on agriculture and enlargement
http://europa.eu.int/comm/agriculture/external/enlarge/index_en.htm
Trade statistics
http://europa.eu.int/comm/trade/issues/bilateral/data.htm




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