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C/03/337 Brussels, 26-27 November 2003

15141/03 (Presse 337)

2547th Council meeting - Competitiveness -

Internal Market, Industry and Research Brussels, 26-27 November 2003

Presidents : Mr Rocco BUTTIGLIONE, Minister for Community Policies, Mr Antonio MARZANO, Minister for Production Activities and Mrs Letizia MORATTI, Minister for Education, the Universities and Research of the Italian Republic

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CONTENTS 1

PARTICIPANTS................................................................................................................................ 3

ITEMS DEBATED

ENHANCING COMPETITIVENESS AND GROWTH - Council conclusions ................................ 6

EUROPEAN SPACE POLICY ........................................................................................................... 7

STEM CELL RESEARCH .................................................................................................................. 7

ITER CONSTRUCTION AND OPERATION ................................................................................... 8

TAKEOVER BIDS.............................................................................................................................. 8

COMMUNITY PATENT .................................................................................................................... 9

THE EC MERGER REGULATION ................................................................................................. 10

CONTRIBUTION OF INDUSTRIAL POLICY TO EUROPEAN COMPETITIVENESS -

Council conclusions ........................................................................................................................... 11

COMMUNITY TRADE MARK ....................................................................................................... 17

INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF THE USE OF MOTOR

VEHICLES - public deliberation....................................................................................................... 18

EQUAL ACESS TO AND PARTICIPATION OF WOMEN AND MEN IN THE

KNOWLEDGE SOCIETY FOR GROWTH AND INNOVATION - Council Resolution .............. 19

RECOGNITION OF PROFESSIONAL QUALIFICATIONS ......................................................... 22

OTHER BUSINESS .......................................................................................................................... 22

– REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF

CHEMICALS (REACH).......................................................................................................... 22

– BIOTECHNOLOGY AND LIFE SCIENCES......................................................................... 23

– BETTER LAWMAKING ........................................................................................................ 23

– MACHINERY AND AMENDING DIRECTIVE 95/16/EC ................................................... 23

– SUSTAINABLE TOURISM IN EUROPE .............................................................................. 23

1 ▪ Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated in the heading for

the item concerned and the text is placed between quotation marks. ▪ The documents whose references are given in the text are available on the Council's Internet site http://ue.eu.int. ▪ Acts adopted with statements for the Council minutes which may be released to the public are indicated by an asterisk; these

statements are available on the abovementioned Council Internet site or may be obtained from the Press Office.

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PARTICIPANTS

The Governments of the Member States and the European Commission were represented as follows: Belgium : Mr Serge KUBLA Vice-Minister-President and Minister for Economic Affairs, SMEs,

Research and New Technologies (Walloon Region) Ms Fientje MOERMAN Minister for Economic Affairs, Energy, Foreign Trade and

Scientific Policy

Denmark : Mr Bendt BENDTSEN Minister for Economic Affairs, Trade and Industry Mr Helge SANDER Minister for Science, Technology and Development

Germany : Mr Georg Wilhelm ADAMOWITSCH State Secretary, Federal Ministry of Economic Affairs and Labour Mr Wolf-Michael CATENHUSEN State Secretary, Federal Ministry of Research

Greece : Mr Apostolos TSOCHATZOPOULOS Minister for Development Mr Dimitrios DENIOSOS General Secretary in charge of Research

Spain : Mr Juan José COSTA CLIMENT Minister for Science and Technology Mr. Pedro MORENES EULATE State Secretary for Science and Technology Policy Mr Ramón DE MIGUEL State Secretary for European Affairs

France : Ms Claudie-HAIGNERÉ Minister attached to the Minister for Youth, Education and

Research, with responsibility for Research and New Technology Ms Nicole FONTAINE

Minister attached to the Ministry for Economic Affairs, Finance and Industry, with responsibility for Industry

Ireland : Ms Mary HARNEY Tánaiste (Deputy Prime Minister) and Minister for Enterprise, Trade

and Employment

Italy : Mr Antonio MARZANO Minister for Production Activities Mrs Letizia MORATTI Minister for Education, the Universities and Research Mr Rocco BUTIGLIONE Minister for Community Policies Mr Guido POSSA Deputy Minister for Education, the Universities and Research

Luxembourg : Ms Erna HENNICOT-SCHOEPGES Minister for Culture, Higher Education and Research, Minister for

Public Works Mr Henri GRETHEN Minister for Economic Affairs, Minister for Transport

Netherlands : Mr Laurens Jan BRINKHORST Minister for Economic Affairs

Austria : Mr Martin BARTENSTEIN Federal Minister for Economic Affairs and Labour

Portugal : Ms Maria da Graça CARVALHO Minister for Science and Higher Education Ms Rosário VENTURA State Secretary for Industry, Trade and Services

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Finland : Mr Kare HALONEN Deputy Permanent Representative

Sweden : Mr Thomas ÖSTROS Minister for Education Mr Leif PAGROTSKI Minister for Industry, Employment and Communications

United Kingdom : Ms Jacqui SMITH Minister of State for Industry and the Regions and Deputy Minister

of Women and Equality Ms Patricia HEWITT Secretary of State for Trade and Industry and Minister for Women

and Equality

* * *

Commission : Mr Frederik BOLKESTEIN Member Mr Philippe BUSQUIN Member Mr Erkki LIIKANEN Member Mr Mario MONTI Member

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The Governments of the Acceding States were represented as follows:

Czech Republic : Mr Miroslav SOMOL Deputy Minister, Ministry of Industry and Trade Mr Ludek STAVINOHA Deputy Permanent Representative

Estonia : Mr Margus RAHUOJA Deputy Permanent Representative

Cyprus : Mr Markos KYPRIANOU Minister for Finance

Latvia : Mr Juris LUJĀNS Minister for Economic Affairs Mr Eduard STIPRAIS Deputy Permanent Representative

Lithuania : Mr Rimantas VAITKUS Deputy Minister for Education and Science Mr Nerijus EIDUKEVIČIUS Deputy Minister for the Economy

Hungary : Mr Péter GOTTFRIED State Secretary for Integration and External Economic Relations Mr Egon DIENES-OEHM Deputy Permanent Representative

Malta: Mr Edwin VASSALLO Parliamentary Secretary, Ministry of Finance and Economic Affairs

Poland : Ms Danuta HÜBNER Minister for European Affairs Mr Michael KLEIBER Minister for Science

Slovakia : Mr Martin FRONC Minister for Education Mr Juraj NOCIAR Deputy Permanent Representative

Slovenia : Ms Tea PETRIN Minister for Economic Affairs Mr Zoran STANČIČ State Secretary, Ministry of Education, Science and Sport

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ITEMS DEBATED

ENHANCING COMPETITIVENESS AND GROWTH - Council conclusions The Council adopted the following conclusions: "The Council 1. RECALLING the conclusions of the European Council meeting held on 16 and 17 October

2003 which highlighted, within the Growth Initiative, the fundamental role of innovation and research and development for the purposes of Europe's economic and social growth in pursuit of the Lisbon objectives;

2. NOTING that the European Council meeting on 16 and 17 October 2003 invited the relevant

formations of the Council, with a view to the European Council meeting on 12 and 13 December 2003, to make their own contribution to the establishment of the Quick-Start Programme identifying a list of projects in an enlarged Union based on transparent criteria, along with assessments of their significance for the integration of the internal market in the enlarged Europe, their economic and financial viability, their impact on growth and the leveraging effect on private capital;

3. EMPHASISING that it considers projects in the sector of innovation and research to be

identified for the Quick-Start Programme should: • meet the criteria of complementarity and synergy with the thematic priorities of the

Sixth Framework Programme, while actively pursuing its implementation, and ensuring full consistency of the objectives and implementing instruments for European action in the R&D sector;

• maintain a character of excellence in the context of realising the European Research Area;

• contribute to Europe's economic and social growth as outlined by the Lisbon Process; 4. RECALLING the preliminary exchange of views which took place at the Competitiveness

Council held on 10 November 2003, on the basis of a number of considerations tabled by the Presidency regarding possible priority areas and quick-start projects for research and development;

5. WELCOMES the communication from the Commission on a European Initiative for Growth -

Investing in Networks and Knowledge for Growth and Jobs1, and in particular, the criteria to be used in identifying projects for the quick-start programme, namely the maturity of the project, its transfrontier dimension, its impact on growth and innovation in an enlarged European Union and its benefits for the environment;

6. CONSIDERS that the areas proposed in the Commission's communication constitute a first

list of R&D priorities; NOTES that the list of priorities is non-exhaustive and may be supplemented as and when necessary."

1 14893/03

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EUROPEAN SPACE POLICY The Council took note of the presentation by Commissioner Philippe Busquin on the Commission's White Paper on implementing the European Space Policy. It instructed the competent preparatory bodies of the Council to proceed with a detailed examination of the Paper with a view to enabling the Competitiveness Council to bring the work forward rapidly. In this White Paper, the Commission proposes the implementation of an extended European Space Policy to support the achievement of the European Union's policy goals. In particular, it is proposed to exploit the special benefits space technologies can deliver in support of the Union’s policies and objectives: faster economic growth, job creation and industrial competitiveness, enlargement and cohesion, sustainable development and security and defence. It is recalled that a number of Council resolutions and conclusions between 1998 and 2001 all pointed in the direction of developing a European space strategy. This culminated in the adoption by the Council in December 2001 of a Resolution entitled "Towards a European Space Strategy", inter alia inviting the Commission to present a proposal for a negotiating mandate for a framework agreement between the European Community and the European Space Agency (ESA). Following negotiations conducted by the Commission on behalf of the Community with the ESA, a framework Agreement was signed on 25 November 2003 between the two Parties. This Agreement will have an initial duration of four years and will form an important basis for initially implementing the European space policy. STEM CELL RESEARCH The Council heard the presentation by Commissioner Philippe Busquin of the Commission's revised proposal in the light of the opinion of the European Parliament, regarding the main conditions for the use of stem cells procured from human embryos for research activities funded under the Sixth Framework Programme specific programme "Integrating and strengthening the European Research Area". After discussing this issue informally over lunch, the Council decided to meet again on 3 December with a view to taking a decision. The Commission's proposal aims at establishing implementing provisions concerning research activities involving human embryos and human embryonic stem cells eligible for Community funding as envisaged by the Council/Commission statement at the time of the adoption of the specific programme "Integrating and strengthening the European research area" adopted on 30 September 2002.

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ITER CONSTRUCTION AND OPERATION The Council decided unanimously to amend the Commission's negotiating directives on the establishment of an international framework concerning the International Thermonuclear Experimental Reactor (ITER) authorising the Commission to put forward Cadarache (France) as the European candidate site. The Council also decided unanimously that the ITER European legal entity will be located in Spain and that one of the European Directors of the project will be Spanish. The negotiations on ITER are currently being undertaken by Canada, China, the European Union, Japan, the Republic of Korea, Russia and the United States. The next meeting of the Parties to the envisaged ITER agreement will be held on 4 December. Three candidates for hosting this site: Cadarache (France), Clarington (Canada) and Rokkasho (Japan) have been put forward. TAKEOVER BIDS The Council reached unanimous agreement, with the abstention of the Spanish delegation, on a general approach, pending the European Parliament's first reading opinion, on a draft Directive on takeover bids, based on a compromise text presented by the Italian Presidency. The Commission stated that it was not in a position to support the text. The proposal, as modified by the Council, will form the basis of a possible agreement with the European Parliament at first reading. Given the existing differences between legal systems in the Member States, the Council decided to limit this Directive to a framework of certain common principles and a number of general requirements which Member States will have to respect through detailed implementing rules. The main changes in relation to the Commission's proposal concern the introduction of optional arrangements for the application of provisions concerning defensive measures by the "offeree" company and obligations of its board as well as the so-called breakthrough provisions (Articles 9 and 11). It is recalled that in 1989 the Commission presented a first proposal concerning takeovers and other general bids, but decided to revise its proposal on the basis of consultations with the Member States as of June 1993. Then, in 1996 the Commission presented to the Council and to the European Parliament a new proposal. This proposal for a "framework" directive was drawn up in the light of consultations with the Member States, setting out general principles but not aiming at a full harmonisation. After agreement between the European Parliament and the Council within the Conciliation Committee in June 2001 on this proposal, the European Parliament rejected the compromise text. Following this failure to adopt the proposed Directive, the Commission appointed a group of experts (the Winter Group) for the purpose of providing a basis for a new proposal.

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The Commission adopted a new proposal on October 2002 that met the concerns of the European Parliament without compromising the basic principles approved unanimously in the Council's common position of 19 June 2000. It will be recalled that the Lisbon European Council placed the takeover Directive, which forms part of the Financial Services Action Plan, among the priorities for the integration of European financial markets by 2005. COMMUNITY PATENT The Council examined outstanding questions on the draft Regulation on the Community Patent. Broad agreement was reached on a compromise text presented by the Presidency. However, complete agreement could not be reached at this Council meeting since the question of the period for the filing of translations of the patent claims could not be solved, as one delegation was unable to agree to the compromise proposed by the Presidency. Renewed efforts will be made, still under the Italian Presidency, to reach an agreement on the draft Regulation as well as on proposals for amendments to the European Patent Convention. The aim of the draft Regulation on the Community Patent is to provide for the creation of a single industrial property right for the whole Community, to be granted by the European Patent Office (EPO) in Munich. It aimed at eliminating the distortions of competition created by the territorial nature of national protection rights and ensuring the free movement of goods protected by patents. Alongside this draft Regulation, amendments will have to be made to the European Patent Convention to enable the European Patent Office to play its part in the Community patent system. There is also a need to introduce jurisdictional arrangements in the draft Regulation and to create, through the future Commission proposals, a judicial panel, "the Community Patent Court", to decide on legal disputes in respect of Community patents. Objectives of the Community patent system The European Council has emphasised on several occasions that the Community patent must be an efficient and flexible instrument – obtainable by businesses at an affordable cost – which complies with the principles of legal certainty and non-discrimination between the Member States. Agreement on a common political approach was reached on the proposal in the Council in March 2003. On the basis of this agreement, the Council was called upon to address a certain number of issues relating to the specific provisions in the draft Regulation. In the EU, patent protection for innovation is currently provided by two systems – national patent systems and the European patent system –neither of which is based on a Community legal instrument. The 1973 Munich Convention established a European Patent Organisation, laying down a single procedure for the granting of patents, which, once granted, become national patents subject to the national rules of the Contracting States. All of the EU's Member States are members of the Convention, which is governed by international law.

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The proposal to create a Community patent system stems from the Commission's 1996 action plan for innovation and subsequent Green Paper on patents. The objective is to enable companies to transform their technological and scientific know–how into industrial and commercial success, thus stimulating private sector investment in research and development. Such investment is currently at a very low level as compared with the United States and Japan. Companies would remain free to choose the type of protection best suited to their needs. Given that the EPO would be responsible for examining patent applications and granting Community patents, the new system would require the Community's accession to the Munich Convention as well as a revision of that Convention. THE EC MERGER REGULATION The Council reached unanimous political agreement on the draft Regulation on the control of concentrations between undertakings (the so called "EC Merger Regulation"). After finalisation of the text, the Council will formally adopt this legislative proposal at one of its forthcoming meetings, thus fulfilling the request by the European Council of 20 and 21 March 2003 to take forward this reform of the merger regime before the 2004 Spring European Council. The proposal aimed at recasting Council Regulation No 4064/89 into legislation designed to meet the challenges of a more integrated market and the future enlargement of the European Union. This draft Regulation confines itself to the minimum required in order to achieve the objective of ensuring that competition in the common market is not distorted, in accordance with the principle of an open market economy with free competition. The main change made to the Commission's proposal is the new test for the appraisal of concentrations which provides that a concentration will be declared incompatible with the common market if it would significantly impede effective competition, in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position. The current Merger Regulation was adopted in December 1989 and came into force in September 1990, removing the need to seek clearance for mergers and acquisitions exceeding certain turnover thresholds in a myriad of national regulatory regimes. The Merger Regulation was last amended in 1997, when a second set of lower turnover thresholds, designed to address the problem of "multiple filings" to national competition authorities was introduced.

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CONTRIBUTION OF INDUSTRIAL POLICY TO EUROPEAN COMPETITIVENESS - Council conclusions The Council adopted the following conclusions:

"THE COUNCIL OF THE EUROPEAN UNION

I. IN RELATION TO HORIZONTAL ISSUES 1. RECALLING:

• the Commission communication on "an integrated approach to competitiveness"1; • the contents of the "Competitiveness report (2003)"2, the "Enterprise scoreboard (2003)"3,

the "Innovation scoreboard (2003)"4 as well as the "State aids scoreboard (2003)"5 drawn up by the Commission;

2. RECOGNISING that:

• a fully integrated approach to enhance competitiveness requires coherence, synergies and complementarities between policies;

• industrial competitiveness is one of the key areas where such an integrated approach is required;

• both the European Union and the Member States have active roles to play in successfully developing this approach;

• it is essential to continue to develop, where necessary, the means for coordinating activities relevant to industrial policy undertaken by the Member States and by the European Union to meet the objectives set by the Lisbon strategy;

• all policies related to enhancing competitiveness should be based on a careful analysis of the relevant aspects, as well as on an equilibrium between the economic, social and environmental pillars of sustainable development;

• sectorial analysis should contribute to sharpening horizontal policies and to addressing the needs of industrial sectors in the European Union, including those with a high growth potential;

• Community and national policies, whilst pursuing their primary objectives, should also contribute to improving the framework conditions for European competitiveness and to creating a favourable environment for enterprise;

• open and transparent consultation of stakeholders and ongoing assessment of the impact on EU enterprises of all major legislative and other proposals are needed; while the Commission's proposal on chemicals is a first case for implementing this approach, the Commission's annual work programme will provide an important basis for systematic impact assessment by helping to identify other proposals likely to have a significant impact on competitiveness;

• social dialogue constitutes an important element for a successful industrial policy; • it is necessary to improve the European industrial framework with a view to avoiding

de-industrialisation, and that further analysis is needed in this respect;

1 See 15287/03. 2 See 15217/03. 3 See 15036/03. 4 See 14793/03. 5 See 14584/03.

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3. WELCOMES the report by the Commission services on competitiveness, as well as the enterprise, innovation and state aids scoreboards, which are important instruments for developing a systematic analysis of the state of competitiveness of the EU economy;

4. TAKES NOTE of the findings of these reports and, as a result, UNDERLINES in particular

that: • prospects for raising the standard of living in the European Union are directly related to

enhancing the competitiveness of EU enterprises across all sectors: additional actions to increase both employment and labour productivity are needed to meet the objectives of the Lisbon strategy;

• positive developments in terms of innovation, ICT investment, internet penetration and commercial use, as well as e-government need to be complemented by organisational innovation, so as to exploit their full potential;

• delays in achieving the Lisbon objectives need to be addressed both by structural reforms and by appropriately stimulating entrepreneurship, competitive conditions, innovation and providing venture capital and guarantee mechanisms at EU, national and regional levels;

• education, life long learning, the qualification level of the workforce and the quality of work output are important factors for European industrial competitiveness;

• for growth prospects to be strengthened, and thus to create more employment, the EU and Member States must encourage high productivity and competitiveness, as well as those aimed at facilitating structural change and industrial modernisation, bearing in mind the challenges and opportunities resulting from enlargement.

In response to the foregoing considerations: 5. INVITES European industry to:

• use its technological and organisational excellence to improve its competitiveness and attain market leadership, notably through increased investments in RTD, innovation and improved training of the work force;

• make use of the specific competences and skills of workers and enterprises in the acceding countries for improving Europe's position in global markets;

• continue to adapt in order to meet the challenge of global competition; • assume its corporate social responsibility for improving the competitiveness of European

industry; 6. INVITES the Member States and the Commission, within their respective competences,

to: • implement structural reforms and policy measures aimed at achieving a business

environment conducive to entrepreneurship, innovation and industrial competitiveness taking into account the principle of better regulation;

• encourage enterprises to increase investment, innovation and productivity in order to create growth and jobs, including through venture capital and clustering, as well as organisational innovation;

• continue initiatives aimed at strengthening industrial competitiveness, notably by taking into account the needs and specificities of individual sectors;

• further improve methods of applying impact assessment to regulatory proposals;

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• encourage the increase of labour productivity in the industrial sector; • continue efforts to extend egovernment and encourage the commercial use of the Internet; • facilitate management of industrial change, inter alia through promoting foresight studies; • set voluntary targets in the area of innovation, as a basis for the Commission's periodic

assessments of progress made; • after undertaking analysis, take action: either in the regulatory field in accordance with the

principle of better regulation, or in the area of fostering research, innovation and entrepreneurship, where appropriate through the open method of coordination;

7. LOOKS FORWARD to receiving from the Commission:

• the Action Plan on Entrepreneurship referred to in its conclusions of 3 March 20031; • an Innovation Action Plan with specific actions aimed at mobilising resources and policies

in order to boost the innovative performance of European enterprises; • a Communication in the first half of 2004 which will report on follow-up activities, notably

the application of industrial policy to specific sectors, the screening exercise and the issue of de-industrialisation with a view to improving the impact of EU policies on the competitiveness of industry;

8. UNDERTAKES , with a view to providing a structured contribution to the Spring European

Council, indicating priority actions to examine in depth : • the overall state of competitiveness of the EU and notably, in cooperation with the

Commission, proposals having a significant impact on competitiveness, • the Commission's communication on an integrated approach to competitiveness.

II. IN RELATION TO SECTORIAL ISSUES 1. RECALLING the Commission's communications on:

• "The future of the textiles and clothing sector in the Enlarged European Union"2; • "LeaderSHIP 2015 - Defining the Future of the European Shipbuilding and Ship Repair

industry - Competitiveness through Excellence"3; • "A coherent Framework for Aerospace - a Response to the STAR 21 Report"4;

2. RECALLING the Commission's communication on "Industrial policy in an enlarged

Europe"5, as well as the Council conclusions of 13 May 2003 on "Industrial competitiveness in an enlarged Europe"6, where, inter alia, the Commission was invited to establish concrete ways in which industrial policy can contribute to achieving the Lisbon objectives;

1 OJ C 64/03. 2 See 14314/03 3 See 15288/03. 4 See 13705/03. 5 See 5078/03 6 See OJ. C 149.

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3. REITERATING the need to ensure that EU horizontal policies aiming at securing framework conditions favourable to industrial competitiveness take into account the specific needs and characteristics of individual sectors, as well as those of small and medium enterprises, in particular new innovative SMEs; ACKNOWLEDGING that the implementation of the European Charter for Small Enterprises plays a significant role in this respect;

4. WELCOMES the initiatives proposed so far by the Commission to improve European

competitiveness, notably in the individual industrial sectors addressed below including interrelated areas and looks forward to receiving further Commission communications in relation to other important industrial sectors.

Regarding TEXTILES AND CLOTHING: 5. RECOGNISES that:

• while the textile and clothing industry, from synthetic fibres to industrial and technical products, is an important overall contributor to employment, production and export in the enlarged European Union, it also has a particular impact on the economy of certain regions;

• the European textile and clothing sector is facing new and continuous challenges, in particular the abolition on 1 January 2005 of quantitative restrictions (quotas), a permanent process of restructuring and modernisation as well as a marked slowdown in economic activity, production and employment;

• the textile and clothing industry has high capacity for development and innovation, readiness to learn from "success stories" and ability to adapt itself to change;

6. STRESSES the strategic importance of the interaction of different policies such as research

and development, innovation, information and communication technologies, vocational training and the protection of intellectual property rights, in order to strengthen a competitive sector that continues to provide employment;

7. NOTES

• the importance for the competitiveness of the EU textiles and clothing sector of ensuring a positive trade policy framework to allow open and fair trade, in particular better access to third countries markets,

• the important contribution that could be given by speedy entry into force of the Euro-Mediterranean Free Trade Area;

8. STRESSES the importance of encouraging the efforts of stakeholders to reinforce corporate

social responsibility, and, on a voluntary basis, to promote "ethical commerce" based for example on labelling;

9. WELCOMES the intention of the Commission to create a High-level Group with

representatives of Member States and stakeholders in order to stimulate the debate on the situation and on the future of the textiles and clothing sector in the enlarged EU and on possible initiatives and recommendations aimed at facilitating the sector's adjustment to the challenges ahead.

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In response to the foregoing considerations: 10. INVITES Member States, in line with overall Community policies, to take appropriate

action so that the European textile and clothing sector can face its challenges, inter alia through research, education and training;

11. INVITES the Commission to regularly inform the Council on the results of the high-level

group discussions on textiles and clothing and report back, for the first time before the end of July 2004, on initiatives deemed appropriate in this respect, which may take the form of an Action Plan.

Regarding SHIPBUILDING: 12. RECOGNISES

• the strategic dimension of shipbuilding and ship-repair for Europe, particularly with regard to: the trade in manufactured goods for import and export, employment opportunities, including those provided by the marine equipment industry, defence needs, the competitiveness of ports and maritime activities in Europe, the development of advanced technologies and the retaining of know-how;

• the important role that the European shipbuilding industry should play, together with Community institutions and Member States, in the improvement of maritime safety and global environmental protection, promoting intermodality, by means of the appropriate instruments and programmes and with regard to the successful development of short sea shipping;

• the trade distortions and overcapacity which still affect the world market for shipbuilding;

13. STRESSES that the EU should maintain a policy approach aimed at enhancing the industrial

competitiveness of this sector; particular efforts are needed regarding: • the development and harmonisation of rules and regulations affecting the European defence

market;

• EU state aid rules on investment in innovation, where the specific conditions of the shipbuilding industry should be taken into account, in order to allow the implementation of workable and effective programmes aiming at maintaining the technological leadership of the European industry;

• full use of the possibilities of Member States to encourage research, development and innovation in an effective way;

• protection of intellectual property rights by Member States and industry, by making full use of the existing instruments as well as by examining the possibility of strengthening the enforcement of international patent rules applicable to shipbuilding;

• facilitating a consolidation process among European producers through the creation of adequate framework conditions by the Member States and by the Commission;

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• encouraging approaches designed to bring about greater co-operation between naval and civilian shipbuilding resources in Europe, based on market mechanisms involving companies in the areas of commercial and naval shipbuilding and marine equipment;

• analysing and addressing new skill requirements, ideally in the context of the social dialogue within the sector.

In response to the foregoing considerations: 14. INVITES Member States, in line with overall Community policies, to take appropriate

action so that the European shipbuilding sector can face its challenges; 15. INVITES the Commission to:

• continue efforts in the framework of WTO and OECD to establish, at a global level, fair competition in the shipbuilding industry;

• examine the consequences of the expiry of the temporary defensive mechanism for shipbuilding, particularly in connection with the timetable for the WTO dispute settlement procedure;

• inform the Council regularly on the results of the LeaderSHIP 2015 initiative and to report on the implementation of its recommendations before the end of 2004;

• examine, together with the shipbuilding industry, whether a European entity, such as e.g. the European Investment Bank, could take a leading role in pre and post-delivery financing for shipbuilding projects.

Regarding AEROSPACE: 16. RECOGNISES that the aerospace industry:

• engenders and promotes key skills and technologies, is an important driver for innovation and helps maintain global competition across a wide range of products in commercial and strategic markets;

• brings together several segments, such as civil aeronautics, defence and space, and that important market segments require a stronger European dimension so as to increase competitiveness;

17. STRESSES the need for:

• a consolidated industrial and institutional approach to maintain and develop the European

space industry, while noting the good progress being made in relation to Galileo and the Global Monitoring for Environment and Security (GMES) and in relation to developing the cooperation between the European Space Agency and the European Union;

• better coordination of civil and defence-related aerospace programmes at a European level, as well as for the efficient allocation of resources;

• a fully operational European Aviation Safety Agency (EASA), to provide the EU with a suitable regulatory environment capable of meeting its internal and international needs;

• improving technology transfer, in particular in relation to SMEs working as subcontractors;

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18. ACKNOWLEDGES the Commission's proposed preparatory action on security research and TAKES NOTE of the on-going work leading to the planned creation of an intergovernmental agency in the field of defence capabilities, development, research, acquisition and armaments.

In response to the foregoing considerations: 19. INVITES the Member States and the Commission, within their respective competences,

to: • continue, in cooperation with ESA, the ongoing efforts to develop a coherent European

space policy, taking into account the provisions of the EC-ESA Framework Agreement and the Action Plan for implementing the European Space Policy1;

• pursue the ongoing efforts in relation to the European Aviation Safety Agency becoming fully operational;

• take the necessary steps, as appropriate, to continue to back the implementation of the agency in the field of defence capabilities development, research, acquisition and armaments, including continuing the efforts of the Member States in liaison with the Commission towards the creation of an internationally competitive EU defence market, as appropriate."

COMMUNITY TRADE MARK The Council unanimously reached political agreement on the draft Regulation modifying the Community trade mark Regulation No 40/94/EC. After finalisation of the text, the Council will adopt this Regulation at a forthcoming meeting. This proposal aimed at completing the existing Regulation by clarifying and supplementing new aspects of the functioning of the Community trade mark thereby improving the efficiency of the system and increasing its added value.

One of the main elements of the Presidency compromise text concerns the current searching system. On that basis, the search as regards prior national trade marks carried out by national trade mark offices is rendered voluntary. If the applicant chooses to have a search done this will be done by all the national offices participating in the search system. The search as regards prior Community trade marks carried out by the Office for Harmonization in the Internal Market (OHMI) in Alicante remains compulsory. Moreover, the new Regulation will establish criteria in relation to the search reports aimed at improving the quality of searches. The implementation of the new system will take place after a transitional period of four years.

The Regulation on the Community Trade mark has been in force since 1994, allowing for registrations of trade marks covering all Member States of the European Union. According to the Commission, the Community Trade mark system has generally proved to function well, but in the light of the experience gained with its operation, the Commission considered that changes were called for.

1 See 14886/03

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INSURANCE AGAINST CIVIL LIABILITY IN RESPECT OF THE USE OF MOTOR VEHICLES - public deliberation The Council reached a political agreement on a draft Directive amending existing rules on insurance against civil liability by users of motor vehicles. After finalisation of the text, the Council will formally adopt its common position and send it to the European Parliament in the framework of the co-decision procedure. The proposal is aimed at modernising and improving the existing EU rules in this field. In general, the Directive will contribute to developing the internal market in insurance products, to clarifying the framework applicable to the protection of rights of victims of accidents and to improving protection of consumers. This also includes persons who travel across intra-Community borders. Among the most important issues decided by the Council are: • new provisions on insurance cover in the case of long-term stay outside the country of

registration of the vehicle; • establishment of minimum amounts of insurance cover for personal injuries (EUR 1 million per

victim or EUR 5 million per claim whatever the number of victims) and damage to property (EUR 1 million per claim whatever the number of victims) throughout the Union. Member States will have five years to raise current amounts up to the agreed levels;

• insurance is to cover personal injuries suffered by pedestrians and cyclists and other non-

motorised users of the roads as a consequence of an accident caused by a motor vehicle, if they are entitled to compensation in accordance with national civil law;

• certain restrictions on Member States' options not to compensate some victims when the driver

was under the influence of alcohol or in the case of an accident with an unidentified vehicle. The directives on insurance against civil liability in respect of the use of motor vehicles (Motor Vehicle Insurance Directives) date back to 1972. With the first three Directives, the Community took fundamental steps towards establishing a single market in the field of motor vehicle insurance. The first three directives built on the system of "green cards", which had been introduced to facilitate the settlement of claims in accidents caused by a motorist in a Member State other than the one in which the vehicle is normally based. An important gap was filled by the Fourth Motor Vehicle Directive which provides for an efficient mechanism for settling claims in respect of accidents taking place outside the victim's Member State of residence.

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EQUAL ACESS TO AND PARTICIPATION OF WOMEN AND MEN IN THE KNOWLEDGE SOCIETY FOR GROWTH AND INNOVATION - Council Resolution The Council adopted the following Resolution:

"THE COUNCIL OF THE EUROPEAN UNION

1. RECALLING:

that one of the objectives of the European Union is to eliminate inequalities and to promote equality between men and women in all its activities; the Lisbon Strategy, which drew attention to the importance of equipping all citizens with the skills needed to live and work in the knowledge-based society, and to the need to raise the present employment rate of women; the European Councils in Brussels (March 2003), Seville, Barcelona and Nice, which in turn:

• welcomed the strengthening of the implementation, coordination and follow-up of gender equality and gender mainstreaming in the European Union and requested that employment guidelines should address inter alia entrepreneurship and gender equality;

• endorsed the objectives of the Commission's Action Plan for eEurope 2005 - an information society for all, thereby addressing the need to provide the workforce with the key skills required for the knowledge-based society;

• called upon the Council to ensure that all citizens are well equipped with basic qualifications, especially those linked with ICTs and in particular groups such as unemployed women; and

• underlined that the European social model includes the fight against all forms of discrimination, that gender equality at work must underpin the transformation to the knowledge-based economy and that more and better jobs are the key to social inclusion;

the Council Resolution of June 2001 on Science and Society and on Women in Science1,

which invited the Commission to continue and intensify its effort to promote the role of women in science and technology, and in particular within the sixth framework programme;

the Council conclusions of March 2003 on the Promotion of Entrepreneurship and small

firms2, which stressed the need to encourage women entrepreneurs in order to create more new innovative and competitive firms;

the Council conclusions of May 2003on Adapting e-Business Policies in a Changing

Environment3, which underlined the need to narrow and close e-skills gaps and the need for inclusiveness of the entire available potential labour pool addressing in particular the severe under-representation of women in the ICT workforce;

1 OJ C 199, 14.7.2001, p. 1. 2 OJ C 64, 18.3.2003, p. 6-8. 3 OJ C 149, 26.6.2003, p. 7-9 and 8957/03.

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the Council Resolution of July 2003 on Social and Human Capital1, which stressed the need to address the current gender gap in access to ICT-related education, jobs and the use of ICT, and to encourage more women to pursue higher-education studies in subjects related to the information society;

the conclusions of 14 March 2003 of the UN Commission on the Status of Women which

noted that a focus on the gender dimensions of ICTs is essential for preventing an adverse impact of the digital revolution on gender equality.

2. RECOGNISING:

the important role that gender equality can play in the context of the Lisbon strategy for contributing to the European Union becoming the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion and the key role that the social partners and NGOs can play in reducing gender inequalities and the digital divide.

3. UNDERLINING:

the need to foster equal participation of men and women in the knowledge society paying particular attention to: − skills for the knowledge society; − employment, research, innovation and entrepreneurship; − social and regional inclusion.

1. INVITES Member States: in general to: − enhance the possibilities for achieving gender equality and for the economic, political and

social empowerment of women in the context of a more widespread use of ICTs including infrastructures and, while recognising that women are large consumers and users of ICTs and multimedia, to further promote their participation in and influence on all levels of production, research and innovation;

− integrate gender perspectives in national policy making concerning the ICT sector, inter alia

in the design and implementation of e-Government initiatives, and to ensure early and full participation of women therein, and, in this context, to take into account the needs of vulnerable groups;

in the area of skills for the knowledge society to:

− evaluate the need for increasing efforts regarding existing policies and initiatives addressing

the current under-representation of women in ICT-related education, inter alia by adapting ICT education at all levels to take into account the needs of female students and support research into women's use of ICT, in particular their information needs and interests;

1 OJ C 175, 24.7.2003, p. 3.

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− consider the usefulness of reinforcing initiatives, such as awareness campaigns and digital literacy courses, starting from the early stages of education, aimed at shaping attitudes and combating negative stereotypes and paying specific attention to women belonging to disadvantaged groups and areas;

in the area of employment, research, innovation and entrepreneurship to:

− further develop, inter alia by using the Structural Funds, initiatives aimed at training women

in ICT, in particular for entry, re-entry and re-skilling in the labour market, also exploiting the added-value resulting from public-private partnerships and from the involvement of local communities and digital networks;

− promote suitable work organisation arrangements and new ways of reconciling work and

family life for both men and women in order to combat low representation and retention rates of women in the ICT sector as well as in research and technological development;

− foster greater participation of women in research-based activities and businesses, as a tool for

enhancing innovation; − encourage, in particular through awareness campaigns and support of start-ups, the creation

and on-going development of enterprises by women, especially in knowledge-intensive sectors, as well as the equal participation of men and women in policy and decision making in the ICT and media sectors;

in the area of social and regional inclusion to:

− pay specific attention to women belonging to all groups at risk of digital exclusion, in order to

increase their participation in social and working life in the knowledge society; − exploit the possibilities offered by new technologies for the inclusion and economic

development of disadvantaged regions, inter alia by improving the opportunities to reconcile work and family life for both men and women, for example through telework;

− recognise the importance of establishing appropriate infrastructures, including broadband

connections, and of providing facilities for equal access of women and men, adequate basic training and e-learning, in particular for the development of remote and sparsely populated areas;

5. NOTES the commitments already undertaken by the social partners and RECOMMENDS

them to pay specific attention to: − improving training of women and men for the knowledge society, as well as providing equal

access to it; − increasing cooperation with the educational system in order to ease the transition to work and

promote life-long learning; − developing family-friendly work organisational forms so that men and women can reconcile

work and family life, thus facilitating women's participation and retention in the ICT sector; − addressing gender equality in the knowledge society through corporate social responsibility.

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6. INVITES the Commission to: − pay special attention in its on-going policies and initiatives to the three areas and to the

specific aspects identified above; − monitor, in cooperation with the Member States, progress in this field and continue the

analysis of the different factors underlying current gaps and possible solutions, including the collection and dissemination of information on good practices;

− foster the development of partnerships among relevant stakeholders, including civil society, to

facilitate the participation of women in the knowledge society; − in collaboration with Member States and without creating unnecessary bureaucratic burdens,

develop, collect and publish gender-disaggregated statistics, as well as statistics related to gender equality, on different aspects of the knowledge society;

− to report on progress of the Women in Industrial Research (WIR) initiative in the context of

research, development, innovation and entrepreneurship." RECOGNITION OF PROFESSIONAL QUALIFICATIONS The Council took note of a progress report on the state of work concerning the draft Directive aimed at simplifying the rules relating to the recognition of professional qualifications. The Council welcomed progress made so far and encouraged experts to continue work, taking due account of the European Parliament's opinion when it is delivered and keeping in mind the relevance of this Directive to the Lisbon strategy. This proposal would replace fifteen existing Directives in the field of the recognition of professional qualifications. It constitutes the first comprehensive modernisation of the Community system since it was conceived forty years ago. It is recalled that following the Lisbon European Council on 23 and 24 March 2000, the Commission adopted a Communication on "An Internal Market Strategy for Services", aimed in particular at making the free provision of services within the Community as simple as within an individual Member State. Moreover, the Stockholm European Council on 23 and 24 March 2001 entrusted the Commission with presenting "for the 2002 Spring European Council [...] specific proposals for a more uniform, transparent and flexible regime of recognition of qualifications [...]". OTHER BUSINESS – REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF

CHEMICALS (REACH) The Council took note of a progress report on the state of work on the Commission's recently adopted proposal for a Regulation on Registration, Evaluation, Authorisation and Restrictions of Chemicals proposal (REACH).

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– BIOTECHNOLOGY AND LIFE SCIENCES The Council took note of the written information given by the Presidency on the outcome of the European Convention on Life Sciences and Biotechnology held in Rome on 21 November 2003. – BETTER LAWMAKING The Council took note of the written information by the Commission on progress made under its June 2002 Action Plan on Better Lawmaking. – MACHINERY AND AMENDING DIRECTIVE 95/16/EC The Council took note of a progress report on the state of work concerning the proposal for a Directive recasting Directive 98/37/EC, aimed at simplifying approval and testing procedures and updating the technical requirements. – SUSTAINABLE TOURISM IN EUROPE The Council heard the information given by Commissioner LIIKANEN on the Commission's Communication "Basic orientations for the sustainability of European Tourism".

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