title: Recommendation to the Council on the 67th session of the United Nations General Assembly European Parliament recommendation to the Council of 13 June 2012 on the 67th session of the United Nations General Assembly (2012/2036(INI))

text:
               15.11.2013

               EN

               Official Journal of the European Union

               CE 332/106

         Wednesday 13 June 2012Recommendation to the Council on the 67th session of the United Nations General Assembly
   P7_TA(2012)0240
   European Parliament recommendation to the Council of 13 June 2012 on the 67th session of the United Nations General Assembly (2012/2036(INI))
   2013/C 332 E/23

      The European Parliament,

               —

               having regard to the Treaty on European Union (TEU), in particular Articles 21 and 34 thereof,

               —

               having regard to the proposal for a recommendation to the Council, by Alexander Graf Lambsdorff on behalf of the ALDE Group, on the 67th Session of the United Nations General Assembly (UNGA) (B7-0132/2012),

               —

               having regard to its recommendation of 8 June 2011 to the Council on the 66th Session of the UNGA (1), and to its resolution of 11 May 2011 on ‘the EU as a global actor: its role in multilateral organisations’ (2),

               —

               having regard to the EU’s priorities for the 66th Session of the UNGA, as adopted by the Council on 10 June 2011 (3),

               —

               having regard to the 66th Session of the UNGA, in particular that body’s resolutions on ‘The United Nations in global governance’ (4), ‘Promoting the efficiency, accountability, effectiveness and transparency of public administration by strengthening supreme audit institutions’ (5), ‘The situation in the Syrian Arab Republic’ (6), ‘People’s empowerment and development’ (7), ‘Towards global partnerships’ (8), ‘South-South cooperation’ (9), ‘The role of the United Nations in promoting development in the context of globalisation and interdependence’ (10), ‘Strengthening the role of the United Nations in enhancing periodic and genuine elections and the promotion of democratisation’ (11), ‘Report of the Conference on Disarmament’ (12), ‘Promotion of a democratic and equitable international order’ (13), and ‘The universal, indivisible, interrelated, interdependent and mutually reinforcing nature of all human rights and fundamental freedoms’ (14),

               —

               having regard to the UNGA resolution of 19 December 2011 on combating intolerance, negative stereotyping, stigmatisation, discrimination, incitement to violence and violence against persons based on religion or belief (15),

               —

               having regard to the UNGA resolution of 3 May 2011 on the participation of the European Union in the work of the United Nations (16),

               —

               having regard to the UNGA resolution of 31 March 2010 on the implementation of Agenda 21, the Programme for the Further Implementation of Agenda 21 and the outcomes of the World Summit on Sustainable Development (17),

               —

               having regard to the United Nations Millennium Declaration of 8 September 2000, which set out the Millennium Development Goals (MDGs) as objectives established jointly by the international community for the elimination of poverty,

               —

               having regard to the Commission communication of 10 September 2003 on ‘The European Union and the United Nations: the choice of multilateralism’ (COM(2003)0526),

               —

               having regard to the remarks by the President of the European Council following his meeting with the United Nations Secretary-General (UNSG) on 16 April 2012,

               —

               having regard to its resolution of 16 February 2012 on Parliament’s position on the 19th Session of the UN Human Rights Council (UNHRC) (18),

               —

               having regard to its resolution of 17 November 2011 on ‘EU support for the International Criminal Court (ICC): facing challenges and overcoming difficulties’ (19),

               —

               having regard to its resolution of 7 July 2011 on EU external policies in favour of democratisation (20),

               —

               having regard to its resolution of 15 December 2010 on the future of the EU-Africa strategic partnership following the 3rd EU-Africa Summit (21),

               —

               having regard to its resolution of 25 November 2010 on the 10th anniversary of UN Security Council Resolution 1325 (2000) on Women, Peace and Security (22),

               —

               having regard to its resolution of 23 November 2010 on civilian-military cooperation and the development of civilian-military capabilities (23),

               —

               having regard to its resolution of 9 June 2005 on the reform of the United Nations (24),

               —

               having regard to the report of the joint delegation of the Committee on Foreign Affairs and the Subcommittee on Human Rights to the 66th session of the UN General Assembly, dated 28-29 November 2011,

               —

               having regard to Rules 121(3) and 97 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0186/2012),

               A.

               whereas common international values and norms aim to ensure peace, the protection of human rights, security and prosperity in the world, and to share the benefits of globalisation among all on a more equitable basis;

               B.

               whereas the UN is at the centre of global governance, while at the same time it is pursuing its own reforms in order to boost its transparency, effectiveness and efficiency;

               C.

               whereas there is a growing need for common rules and decision-making mechanisms in order to jointly address emerging global challenges and the negative impact of the global economic crisis;

               D.

               whereas the EU needs to strengthen its cohesion in order to remain a key player in an increasingly multipolar world in need of global concerted action; whereas EU Member States are obliged by the treaties to coordinate their action in international organisations and at international conferences;

               E.

               whereas the EU is committed to effective multilateralism with a strong UN at its core, since this is essential in order to address global challenges;

               F.

               whereas the EU and its Member States are the largest financial contributors to the UN system; whereas the EU-27 fund 39 % of the UN’s regular budget and more than 40 % of UN peace-keeping operations;

               G.

               whereas a solid and stable EU-UN partnership is fundamental to the work of the UN under all three pillars – peace and security, human rights and development – and is also key to the EU’s role as a global actor;

               H.

               whereas the EU and the UN are natural partners in peace-and state-building, and together provide a framework for collective peace- and state-building efforts;

               I.

               whereas human rights and democracy are founding values of the EU and principles and objectives of European external action, including international trade; whereas respect for, and the promotion and safeguarding of, the universality and indivisibility of human rights are cornerstones of European unity and integrity;

               J.

               whereas justice and the rule of law are pillars of sustainable peace, guaranteeing human rights and fundamental freedoms; whereas the Rome Statute of the ICC makes a decisive contribution to the upholding of human rights, to international law and to the fight against impunity;

               K.

               whereas all countries and all citizens as well as the international community itself benefit from continued support for democratic processes; whereas they are confronted with the challenges of building, restoring and preserving democracies;

         1.   Addresses the following recommendations to the Council:

         The EU at the UN

               (a)

               to coordinate to the fullest extent possible, to put across unified positions and to strengthen the coherence and visibility of the EU as a global actor at the UN; to meet the expectations of UN members regarding the ability of the EU to act and deliver in a timely fashion; to adopt a broad and flexible approach to Common Foreign and Security Policy (CFSP) positions at the UN level in order to give the EU the capacity to act in a swift and comprehensive manner on CFSP-related issues;

               (b)

               to enhance its contribution to the work of the UN by reaching a common interpretation of the UNGA resolution on the modalities of the EU’s participation in the work of UNGA and by working with partners towards its full implementation; to present a report to Parliament on its application in practice;

               (c)

               to work with EU Member States and the EU Delegation to the UN towards improving coordination, transparency and the exchange of information in the United Nations Security Council (UNSC) and the defence of the positions and interests of the EU in the UNSC by those Member States which are members of that body, or, alternatively, by an EU representative upon the invitation of the Chair; to reinforce the EU’s impact on UNSC decisions and to raise the profile of the EU at the UN on crucial UNSC matters;

               (d)

               to ensure strong EU representation throughout all UN institutions and specialised agencies;

               (e)

               to develop a long-term strategy targeting the UN’s membership and to pursue stronger public diplomacy on UN affairs;

         The EU and global governance

               (f)

               to advance effective multilateralism as an overriding strategic concern of the EU, by enhancing the representativeness, transparency, accountability, efficiency and effectiveness of the UN, with the aim of improving its delivery on the ground; to recall the need to strike a new institutional balance between the emerging role of the G-20, the UN and its agencies and international financial institutions (IFIs); in this connection, to enhance global governance and to seek solutions with a view to further improving coordination between the G-formations and the UN system, insofar as the economic dimension could usefully be covered by these groups, provided that the UN maintains its central role and remains the legitimate body for global action;

               (g)

               to engage more actively with strategic and other bilateral and multilateral partners, especially the USA, in order to promote effective solutions to problems which affect both EU citizens and the world at large, including the poorest and most vulnerable;

               (h)

               actively to support a comprehensive and consensual reform of the UNSC in order to strengthen its legitimacy, regional representation, accountability and effectiveness; to recall that an EU seat in an enlarged UNSC remains a central, long-term goal of the European Union; to ask the High Representative/Vice-President (HR/VP) to develop a common position of the Member States to that end; in order to achieve this goal in the future, to work on prior coordination of positions in the Council of the EU on the introduction of new members of the UNSC and on the reform of the UNSC’s decision-making;

               (i)

               to engage in the reflection started in the UNGA on the role of the UN in global governance, with a view to improving transparency and cooperation; to promote greater cooperation between the EU and the UNGA;

               (j)

               to help revitalise the UNGA and to increase its efficiency, inter alia by supporting the work of the Ad Hoc Working Group, by facilitating more in-depth and result-oriented thematic debates on topical, important issues, and through closer engagement of the UNGA with other stakeholders, including civil society and other international and regional organisations and forums; to stress the need for further streamlining of the agendas of the UNGA and its main committees; to underline the fact that revitalisation can be ensured only if the UNGA takes relevant and appropriate action on issues of common concern to the international community;

               (k)

               to reconfirm its commitment to ensuring that UN financial resources are adequate and managed efficiently and effectively, according to the principles of budgetary discipline and coherence and in conformity with the highest international standards;

         Peace and security

      Peace-keeping and peace-building

               (l)

               to strengthen the operational partnership and to promote the strategic coherence and effectiveness of collective peace-building efforts, inter alia through the work of the Special Committee on Peace-keeping Operations;

               (m)

               to advance cooperation and build partnerships in the area of conflict prevention, civilian and military crisis management, and conflict resolution with the UN, the OSCE, the African Union (AU), the Arab League and other international and regional organisations, as well as with civil society; to improve the peace-building capacities of regional organisations, inter alia through the proposed EU–UN–AU and EU–UN–ECOWAS tri-partnerships;

               (n)

               to promote the collaboration of different actors in the peace-building architecture, notably between the UN Secretariat, the UNSC, the UNGA, and the UN member states involved in peace-building missions; to pursue efforts to ensure that EU Member States contribute to UN peace missions with special capacities, such as transport and logistics, and training; to consider the option of launching a military operation under the Common Security and Defence Policy (CSDP), including the possible deployment of a battlegroup to precede a UN peace mission if requested by the UN, while paying special attention to the protection of all members of peacekeeping missions and of any battlegroups; to support the development of conflict prevention and management as well as mediation, peace-keeping and peace-building capacity at national and subnational levels; to promote the exchange of know-how and good practices among partners;

               (o)

               to provide support to the UN Civilian Capacity Review in identifying practical ways of matching demand with supply in critical civilian capability areas; to expedite recruitment, eliminate operational incompatibilities and avoid overlapping when deploying civilian CSDP capabilities in support of UN actions; to explore options for the joint deployment of crisis response teams within a UN operation in cases where rapidly deployable capacities are required;

               (p)

               to ensure the participation of women at all stages of peace processes and systematically to engage them in preventive diplomacy, early warning and security monitoring; to focus, in line with UNSC Resolution 1325 (2000) on Women, Peace and Security, on the need to mainstream gender perspectives in conflict prevention, peacekeeping operations, humanitarian assistance, post-conflict reconstruction and DDR (25) initiatives; to work actively to ensure the implementation of UNSC Resolution 1325 by all UN member states;

               (q)

               to cooperate with the UN to tackle the current global threats, such as climate change, nuclear weapons proliferation, organised crime and terrorism, and pandemics;

               (r)

               to contribute to the successful outcome of and follow-up to the 2012 UN Conference on the Arms Trade Treaty and the 2012 Review Conference on the Programme of Action on Small Arms and Light Weapons;

      Responsibility to Protect (R2P)

               (s)

               to assist states in fulfilling their responsibility to protect their populations; to stress the need for timely and adequate international action to prevent and halt genocide, ethnic cleansing, war crimes and crimes against humanity;

               (t)

               to generate further political and institutional progress on the implementation of the R2P concept in UN organs, particularly in the UNSC, the UNGA and the UNHRC, drawing conclusions and learning lessons both from the intervention in Libya and from the inability to take swift action in the case of Syria; to facilitate the debate on how the UN bodies, in particular the UNSC, could utilise this concept to ensure greater cooperation between UN member states during crises; to advance the positive role of regional organisations, in developing and applying an operational approach to R2P;

               (u)

               to work with partners to ensure that this concept focuses on prevention, protection and post-conflict reconstruction, in line with the tripartition of R2P into responsibility to prevent, to protect and to rebuild; to assist states in building capacities to this effect, inter alia by strengthening early warning mechanisms and relevant UN mediation capacities; to encourage, in cooperation with UN member states, the establishment of focal points to monitor emerging conflict situations, and to build relevant capacities in EU delegations;

               (v)

               strongly to reconfirm the EU’s commitment to the concept of R2P and to initiate the development of an inter-institutional consensus on R2P between the European Parliament, the EEAS and the EU Member States that could ensure more consistent EU action on such issues in UN forums;

      Mediation

               (w)

               to promote mediation as a cost-effective tool in the peaceful prevention and resolution of disputes, as well as in preventing post-conflict countries from relapsing into conflict; to develop more effective mediation guidelines in the field of the rule of law and democratic accountability;

               (x)

               to prioritise and develop the implementation of this tool and further to develop mediation capacities within the EEAS, based on the Concept of Strengthening EU Mediation and Dialogue Capacities;

               (y)

               to cooperate closely with the UN and other actors in mediation; to strive for synergies in mediation activities with the UN Department for Political Affairs (DPA); to advance partnerships and cooperation by international, regional and subregional organisations with the UN, with each other and with civil society, for example through an EU-UN joint partnership on mediation capacities; to improve information-sharing, cooperation and coordination in order to ensure the coherence and complementarity of the efforts of actors involved in specific mediation;

      International justice

               (z)

               to strengthen the international criminal justice system; to highlight the role of the ICC in fighting impunity and further to promote the ICC as the only permanent judicial body with jurisdiction over individual perpetrators for war crimes, crimes against humanity and genocide, when national courts are unable or unwilling to do so;

               (aa)

               to strengthen the ICC by providing political, diplomatic, financial and logistical support; to encourage all UN member states to join the Court by ratifying the Rome Statute; to foster strong cooperation with the Court by the UN and its bodies and agencies;

         Human rights

               (ab)

               to strengthen international efforts aimed at ensuring that all human rights agreed under UN conventions are considered universal, indivisible, interdependent and interrelated; to help strengthen national capacities for the fulfilment of international human rights obligations; in this connection, to stress the need to secure the right of freedom of religion and belief for all;

               (ac)

               actively to support the African-led initiative and the recommendation of the Commission on the Status of Women by working towards the adoption of a UNGA resolution in 2012 with a view to banning female genital mutilation (FGM) worldwide; to call on the HR/VP and the Commission to give the utmost priority to ensuring the success of this process;

               (ad)

               further to promote the mainstreaming of human rights in all aspects of the UN’s work, reaffirming the fact that human rights are inextricably linked to the UN’s other goals on peace and security, and development;

               (ae)

               to participate proactively in the work of the UNHRC by co-sponsoring resolutions, issuing statements and taking part in interactive dialogues and debates in order to ensure greater balance in the UNHRC’s work;

               (af)

               to enhance the early warning capacity of the Special Procedures by providing for a mechanism allowing them to automatically trigger the consideration of a situation by the UNHRC; to reinforce the follow-up process for the implementation of the recommendations of Special Procedures;

               (ag)

               to seek to strengthen the process of the Universal Periodic Review (UPR) by embedding recommendations in bilateral and multilateral dialogues with UN member states, and by basing these dialogues on and around international norms and standards;

               (ah)

               to continue its endeavours in the UNGA and its committees in relation to the call for a moratorium on the use of the death penalty, which continues to receive increasing support from an ever-larger number of countries, and in relation to the rights of the child, free media and religious tolerance; to support all efforts to eradicate torture; particularly to encourage the adoption of the Optional Protocol to the UN Convention on Torture;

         Democracy support

               (ai)

               to help ensure local ownership of the democratic process and the development of a culture of democracy and the rule of law; to expand democracy support beyond the election process in order to sustain it in the long term and be able to deliver tangible results to citizens; to ensure the inclusion to a greater extent of parliaments and political parties in programmes supporting democracy; to emphasise the importance of independent NGOs that can function freely for the development of a strong civic culture;

               (aj)

               to focus on social and economic inclusion, democratic transition and political/electoral processes, capacity-building, the strengthening of civil society, the participation of young people in parliamentary democracy, the protection of freedom of expression, freedom of conscience and freedom of religion and the protection of women’s rights, including in terms of their participation in public and political life, at the level both of social practices and of legislation;

               (ak)

               to better integrate democracy support into European external action; to support democratic governance through its different financial instruments, using the resources of the EU delegations whenever possible; to work with the UN and other partners globally and locally to enhance the rule of law, foster independent media and build and strengthen democratic institutions that can deliver;

               (al)

               to ensure that the mandates of peace-keeping missions reflect the need to support electoral observation missions and to provide them with the necessary means to ensure the safety of the observers on the ground;

         Development

               (am)

               to mainstream EU development-related policies at all levels, in order to avoid contradictions between pro-development policies, on the one hand, and obstacles to partner countries’ development in bi-, pluri- and multilateral agreements and forums, on the other; to pay particular attention to human rights and development implications in free trade agreements and during negotiations at WTO level;

               (an)

               to continue working towards putting people at the centre of the development process; to follow up the UN Declaration on the Right to Development, focusing on practical steps towards its implementation;

               (ao)

               to ensure that the share of overall European aid channelled through the EU budget is not reduced and retains a poverty and hunger focus; to consider earmarking 20 % of all EU assistance for basic social services as defined by the UN, with a special focus on free and universal access to primary health care and basic education, taking into account the EU’s support for the ‘Education for All’ initiative and its commitment to playing a role in global health;

               (ap)

               to contribute to enhancing policy coherence for development and to improving the effectiveness of development aid, since these remain key issues for achieving the MDGs;

               (aq)

               to lead and speed up the effort in the UN to achieve the MDGs by focusing particularly on those goals for which the least progress has been achieved so far;

               (ar)

               while remaining committed to ending poverty in collaboration with the international community, to work towards the definition of the ambitious post-2015 MDG Agenda, taking into account the progress made but also the remaining challenges;

               (as)

               to follow up on, and work towards the full implementation of, the outcome of the Rio+20 UN Conference on Sustainable Development, inter alia by promoting sustainable development as the guiding principle for long-term global development;

               (at)

               to create a UN panel of eminent persons;

               (au)

               to follow up actively the conclusions adopted in Busan;

               (av)

               to make a decisive contribution to the fight against food speculation and to solving the urgent problem of poverty and hunger;

               (aw)

               to give priority to food security, productive capacity in agriculture, infrastructure, capacity-building, inclusive economic growth, favourable markets and new businesses, access to technologies, and human and social development in the LDCs, in accordance with the Istanbul Programme of Action and the conclusions adopted at the 13th UNCTAD session in Doha on 26 April 2012;

               (ax)

               to reiterate its commitment to the Rome principles for food security; to deplore the consequences of speculation on food commodities;

               (ay)

               to encourage developing countries, with the support of international donors, to take long-term measures to ensure that drought does not inevitably lead to famine; to implement disaster risk reduction strategies and early warning systems;

               (az)

               to support fully the core role played by the UN, and particularly by the United Nations Office for the Coordination of Humanitarian Affairs;

               (ba)

               to reaffirm the EU’s long-term commitment to supporting the welfare of the people in the Horn of Africa and addressing the underlying causes of structural food insecurity and conflict;

         Climate change, global environmental protection and sustainability

               (bb)

               to take the lead in global climate governance and international cooperation on climate change; to contribute to an institutional architecture that is inclusive, transparent and equitable and provides for balanced representation of both developed and developing countries on relevant governing bodies; further to develop a dialogue with key actors, such as the BRICS countries and developing countries, given that climate change has become a key element of international relations; further to develop the EEAS’s capacities to build up an EU climate diplomacy policy;

               (bc)

               to continue to empower citizens in environmental governance through the effective global implementation of Rio Principle 10; in this connection, to expand the provisions of the Aarhus Convention beyond the United Nations Commission for Europe (UNECE) through a global convention or by opening the Aarhus Convention to parties outside the UNECE; to promote improved governance in sustainable development, inter alia by strengthening the United Nations Environment Programme (UNEP); actively to cooperate with partners on better global enforcement of environmental laws;

               (bd)

               to push the joint AU and EU position in favour of upgrading the UNEP to a specialised UN agency with its headquarters in Nairobi, Kenya; to address, within this new institutional framework, the issues of financing, technology transfer and capacity-building for sustainable development;

               (be)

               to support biodiversity and climate protection in the developing countries in line with the objectives set under the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity; to make seas and oceans one of the key pillars of the Rio Framework, alongside climate and biodiversity protection;

               (bf)

               to support the Commission’s active participation in the ongoing debate on Protection Gaps and Responses launched by the United Nations High Commissioner for Refugees as part of the 2010 High Commissioner’s Dialogue on Protection Challenges, which aims to improve the existing international protection framework for forcibly displaced and stateless people; to participate actively in the debate on the term ‘climate refugee’ (intended to describe people who are forced to flee their homes and seek refuge abroad as a consequence of climate change), including a possible legal definition of this term, which is not yet recognised in international law or in any legally binding international agreement;

         Miscellaneous

               (bg)

               to promote interaction on global issues between governments and parliaments and foster debate on the global role of parliaments; to strengthen the democratic nature, accountability and transparency of global governance and allow for greater public and parliamentary participation in the activities of the UN;

         2.   Instructs its President to forward this recommendation to the HR/VP, the Council and, for information, the Commission.

      (1)  Texts adopted, P7_TA(2011)0255.

      (2)  Texts adopted, P7_TA(2011)0229.

      (3)  Council of the European Union 11298/2011.

      (4)  UN General Assembly Resolution A/RES/66/256.

      (5)  UN General Assembly Resolution A/RES/66/209.

      (6)  UN General Assembly Resolution A/RES/66/253.

      (7)  UN General Assembly Resolution A/RES/66/224.

      (8)  UN General Assembly Resolution A/RES/66/223.

      (9)  UN General Assembly Resolution A/RES/66/219.

      (10)  UN General Assembly Resolution A/RES/66/210.

      (11)  UN General Assembly Resolution A/RES/66/163.

      (12)  UN General Assembly Resolution A/RES/66/59.

      (13)  UN General Assembly Resolution A/RES/66/159.

      (14)  UN General Assembly Resolution A/RES/66/151.

      (15)  UN General Assembly Resolution A/RES/66/167.

      (16)  UN General Assembly Resolution A/RES/65/276.

      (17)  UN General Assembly Resolution A/RES/64/236.

      (18)  Texts adopted, P7_TA(2012)0058.

      (19)  Texts adopted, P7_TA(2011)0507.

      (20)  Texts adopted, P7_TA(2011)0334.

      (21)  Texts adopted, P7_TA(2010)0482.

      (22)  OJ C 99 E, 3.4.2012, p. 56.

      (23)  OJ C 99 E, 3.4.2012, p. 7.

      (24)  OJ C 124 E, 25.5.2006, p. 549.

      (25)  Disarmament, demobilisation, reinsertion and reintegration.


Avis juridique important

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31982H0172

82/172/EEC: Commission Recommendation of 22 February 1982 to the Italian Republic concerning measures to improve the transport of goods by rail to and from Italy

Official Journal L 078 , 24/03/1982 P. 0024 - 0024

*****COMMISSION  RECOMMENDATION  of 22 February 1982  to the Italian Republic concerning measures to improve the transport of goods by rail to and from Italy  (82/172/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas major difficulties are occasionaly evident in the running of rail transport links with Italy and, principally, with import traffic destined for Italy;  Whereas the Community has an interest in improving this situation because of the effects of current difficulties on trade in goods between Member States and, more particularly, in North-South traffic flows;  Whereas solutions to this problem are to be found as much in the form of short-term measures as in that of programmes for long-term action and investment;  Having noted the measures already taken in this respect by the Italian Government, and the adoption of a multi-annual programme of investment in the Italian railways (F.S.) (programma integrativo) involving a global expenditure of more than Lit 12 000 billion,  HEREBY RECOMMENDS:  Article 1  The Italian Republic is invited to continue its measures in the most effective manner possible to find a solution to the problems existing in respect of rail transport operations between Italy and the other Member States, notably the North-South traffic link, and to take into consideration when carrying out the 'programma integrativo' for the F.S. the fact that measures relating to rail transport to and from Community States should have priority.  Article 2  The Italian Government is invited to inform the Commission of the measures taken to give effect to the present recommendation.  Done at Brussels, 22 February 1982.  For the Commission  Giorgios CONTOGEORGIS  Member of the Commission


title: Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (Text with EEA relevance)

text:
               6.5.2008

               EN

               Official Journal of the European Union

               C 111/1

      RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 23 April 2008
   on the establishment of the European Qualifications Framework for lifelong learning
   (Text with EEA relevance)
   (2008/C 111/01)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 149(4) and Article 150(4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The development and recognition of citizens' knowledge, skills and competence are crucial for the development of individuals, competitiveness, employment and social cohesion in the Community. Such development and recognition should facilitate transnational mobility for workers and learners and contribute to meeting the requirements of supply and demand in the European labour market. Access to and participation in lifelong learning for all, including disadvantaged people, and the use of qualifications should therefore be promoted and improved at national and Community level.

               (2)

               The Lisbon European Council in 2000 concluded that increased transparency of qualifications should be one of the main components necessary to adapt education and training systems in the Community to the demands of the knowledge society. Furthermore, the Barcelona European Council in 2002 called for closer cooperation in the university sector and improvement of transparency and recognition methods in the area of vocational education and training.

               (3)

               The Council Resolution of 27 June 2002 on lifelong learning (4) invited the Commission, in close cooperation with the Council and Member States, to develop a framework for the recognition of qualifications for both education and training, building on the achievements of the Bologna process and promoting similar action in the area of vocational training.

               (4)

               The joint reports of the Council and the Commission on the implementation of the ‘Education and Training 2010’ work programme, adopted in 2004 and 2006, stressed the need to develop a European Qualifications Framework.

               (5)

               In the context of the Copenhagen process, the conclusions of the Council and the representatives of the governments of the Member States, meeting within the Council of 15 November 2004 on the future priorities of enhanced European cooperation in vocational education and training gave priority to the development of an open and flexible European Qualifications Framework, founded on transparency and mutual trust, which should stand as a common reference covering both education and training.

               (6)

               The validation of non-formal and informal learning outcomes should be promoted in accordance with the Council conclusions on common European principles for the identification and validation of non-formal and informal learning of 28 May 2004.

               (7)

               The Brussels European Councils of March 2005 and March 2006 underlined the importance of adopting a European Qualifications Framework.

               (8)

               This Recommendation takes into account Decision No 2241/2004/EC of the European Parliament and of the Council of 15 December 2004 on a single Community framework for the transparency of qualifications and competences (Europass) (5) and Recommendation 2006/962/EC of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (6).

               (9)

               This Recommendation is compatible with the framework for the European Higher Education Area and cycle descriptors agreed by the ministers responsible for higher education in 45 European countries at their meeting in Bergen on 19 and 20 May 2005 within the framework of the Bologna process.

               (10)

               The Council conclusions on quality assurance in vocational education and training of 23 and 24 May 2004, Recommendation 2006/143/EC of the European Parliament and of the Council of 15 February 2006 on further European cooperation in quality assurance in higher education (7) and the standards and guidelines for quality assurance in the European Higher Education Area agreed by the ministers responsible for higher education at their meeting in Bergen contain common principles for quality assurance which should underpin the implementation of the European Qualifications Framework.

               (11)

               This Recommendation is without prejudice to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (8), which confers rights and obligations on both the relevant national authority and the migrant. Reference to the European Qualifications Framework levels on qualifications should not affect access to the labour market where professional qualifications have been recognised in accordance with Directive 2005/36/EC.

               (12)

               The objective of this Recommendation is to create a common reference framework which should serve as a translation device between different qualifications systems and their levels, whether for general and higher education or for vocational education and training. This will improve the transparency, comparability and portability of citizens' qualifications issued in accordance with the practice in the different Member States. Each level of qualification should, in principle, be attainable by way of a variety of educational and career paths. The European Qualifications Framework should, moreover, enable international sectoral organisations to relate their qualifications systems to a common European reference point and thus show the relationship between international sectoral qualifications and national qualifications systems. This Recommendation therefore contributes to the wider objectives of promoting lifelong learning and increasing the employability, mobility and social integration of workers and learners. Transparent quality assurance principles and information exchange will support its implementation, by helping to build mutual trust.

               (13)

               This Recommendation should contribute to modernising education and training systems, the interrelationship of education, training and employment and building bridges between formal, non-formal and informal learning, leading also to the validation of learning outcomes acquired through experience.

               (14)

               This Recommendation does not replace or define national qualifications systems and/or qualifications. The European Qualifications Framework does not describe specific qualifications or an individual's competences and particular qualifications should be referenced to the appropriate European Qualifications Framework level by way of the relevant national qualifications systems.

               (15)

               Given its non-binding nature, this Recommendation conforms to the principle of subsidiarity by supporting and supplementing Member States' activities by facilitating further cooperation between them to increase transparency and to promote mobility and lifelong learning. It should be implemented in accordance with national legislation and practice.

               (16)

               Since the objective of this Recommendation, namely the creation of a common reference framework serving as a translation device between different qualifications systems and their levels, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action envisaged, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Recommendation does not go beyond what is necessary in order to achieve that objective,

         HEREBY RECOMMEND THAT MEMBER STATES:

               1.

               use the European Qualifications Framework as a reference tool to compare the qualification levels of the different qualifications systems and to promote both lifelong learning and equal opportunities in the knowledge-based society, as well as the further integration of the European labour market, while respecting the rich diversity of national education systems;

               2.

               relate their national qualifications systems to the European Qualifications Framework by 2010, in particular by referencing, in a transparent manner, their qualification levels to the levels set out in Annex II, and, where appropriate, by developing national qualifications frameworks in accordance with national legislation and practice;

               3.

               adopt measures, as appropriate, so that, by 2012, all new qualification certificates, diplomas and ‘Europass’ documents issued by the competent authorities contain a clear reference, by way of national qualifications systems, to the appropriate European Qualifications Framework level;

               4.

               use an approach based on learning outcomes when defining and describing qualifications, and promote the validation of non-formal and informal learning in accordance with the common European principles agreed in the Council conclusions of 28 May 2004, paying particular attention to those citizens most likely to be subject to unemployment or insecure forms of employment, for whom such an approach could help increase participation in lifelong learning and access to the labour market;

               5.

               promote and apply the principles of quality assurance in education and training set out in Annex III when relating higher education and vocational education and training qualifications within national qualifications systems to the European Qualifications Framework;

               6.

               designate national coordination points linked to the particular structures and requirements of the Member States, in order to support and, in conjunction with other relevant national authorities, guide the relationship between national qualifications systems and the European Qualifications Framework with a view to promoting the quality and transparency of that relationship.
               The tasks of those national coordination points should include:

                           (a)

                           referencing levels of qualifications within national qualifications systems to the European Qualifications Framework levels described in Annex II;

                           (b)

                           ensuring that a transparent methodology is used to reference national qualifications levels to the European Qualifications Framework in order to facilitate comparisons between them on the one hand, and ensuring that the resulting decisions are published on the other;

                           (c)

                           providing access to information and guidance to stakeholders on how national qualifications relate to the European Qualifications Framework through national qualifications systems;

                           (d)

                           promoting the participation of all relevant stakeholders including, in accordance with national legislation and practice, higher education and vocational education and training institutions, social partners, sectors and experts on the comparison and use of qualifications at the European level.

         ENDORSE THE COMMISSION'S INTENTION TO:

               1.

               support Member States in carrying out the above tasks and international sectoral organisations in using the reference levels and principles of the European Qualifications Framework as set out in this Recommendation, in particular by facilitating cooperation, exchanging good practice and testing — inter alia through voluntary peer review and pilot projects under Community programmes, by launching information and consultation exercises with social dialogue committees — and developing support and guidance material;

               2.

               establish, by 23 April 2009, a European Qualifications Framework advisory group, composed of representatives of Member States and involving the European social partners and other stakeholders, as appropriate, responsible for providing overall coherence and promoting transparency of the process of relating qualifications systems to the European Qualifications Framework;

               3.

               assess and evaluate, in cooperation with the Member States and after consulting the stakeholders concerned, the action taken in response to this Recommendation, including the remit and duration of the advisory group, and, by 23 April 2013, report to the European Parliament and to the Council on the experience gained and implications for the future, including, if necessary, the possible review and revision of this Recommendation;

               4.

               promote close links between the European Qualifications Framework and existing or future European systems for credit transfer and accumulation in higher education and vocational education and training, in order to improve citizens' mobility and facilitate the recognition of learning outcomes.

      Done at Strasbourg, 23 April 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LANARČIČ

      (1)  OJ C 175, 27.7.2007, p. 74.

      (2)  OJ C 146, 30.6.2007, p. 77.

      (3)  Opinion of the European Parliament of 24 October 2007 (not yet published in the Official Journal) and Council Decision of 14 February 2008.

      (4)  OJ C 163, 9.7.2002, p. 1.

      (5)  OJ L 390, 31.12.2004, p. 6.

      (6)  OJ L 394, 30.12.2006, p. 10.

      (7)  OJ L 64, 4.3.2006, p. 60.

      (8)  OJ L 255, 30.9.2005, p. 22. Directive as amended by Council Directive 2006/100/EC (OJ L 363, 20.12.2006, p. 141).

      ANNEX I
      Definitions
      For the purposes of the Recommendation, the definitions which apply are the following:

                  (a)

                  ‘qualification’ means a formal outcome of an assessment and validation process which is obtained when a competent body determines that an individual has achieved learning outcomes to given standards;

                  (b)

                  ‘national qualifications system’ means all aspects of a Member State's activity related to the recognition of learning and other mechanisms that link education and training to the labour market and civil society. This includes the development and implementation of institutional arrangements and processes relating to quality assurance, assessment and the award of qualifications. A national qualifications system may be composed of several subsystems and may include a national qualifications framework;

                  (c)

                  ‘national qualifications framework’ means an instrument for the classification of qualifications according to a set of criteria for specified levels of learning achieved, which aims to integrate and coordinate national qualifications subsystems and improve the transparency, access, progression and quality of qualifications in relation to the labour market and civil society;

                  (d)

                  ‘sector’ means a grouping of professional activities on the basis of their main economic function, product, service or technology;

                  (e)

                  ‘international sectoral organisation’ means an association of national organisations, including, for example, employers and professional bodies, which represents the interests of national sectors;

                  (f)

                  ‘learning outcomes’ means statements of what a learner knows, understands and is able to do on completion of a learning process, which are defined in terms of knowledge, skills and competence;

                  (g)

                  ‘knowledge’ means the outcome of the assimilation of information through learning. Knowledge is the body of facts, principles, theories and practices that is related to a field of work or study. In the context of the European Qualifications Framework, knowledge is described as theoretical and/or factual;

                  (h)

                  ‘skills’ means the ability to apply knowledge and use know-how to complete tasks and solve problems. In the context of the European Qualifications Framework, skills are described as cognitive (involving the use of logical, intuitive and creative thinking) or practical (involving manual dexterity and the use of methods, materials, tools and instruments);

                  (i)

                  ‘competence’ means the proven ability to use knowledge, skills and personal, social and/or methodological abilities, in work or study situations and in professional and personal development. In the context of the European Qualifications Framework, competence is described in terms of responsibility and autonomy.

      ANNEX II
      Descriptors defining levels in the European Qualifications Framework (EQF)

                  Each of the 8 levels is defined by a set of descriptors indicating the learning outcomes relevant to qualifications at that level in any system of qualifications

                  Knowledge

                  Skills

                  Competence

                  In the context of EQF, knowledge is described as theoretical and/or factual

                  In the context of EQF, skills are described as cognitive (involving the use of logical, intuitive and creative thinking) and practical (involving manual dexterity and the use of methods, materials, tools and instruments)

                  In the context of EQF, competence is described in terms of responsibility and autonomy

                  Level 1
                  The learning outcomes relevant to Level 1 are

                  basic general knowledge

                  basic skills required to carry out simple tasks

                  work or study under direct supervision in a structured context

                  Level 2
                  The learning outcomes relevant to Level 2 are

                  basic factual knowledge of a field of work or study

                  basic cognitive and practical skills required to use relevant information in order to carry out tasks and to solve routine problems using simple rules and tools

                  work or study under supervision with some autonomy

                  Level 3
                  The learning outcomes relevant to Level 3 are

                  knowledge of facts, principles, processes and general concepts, in a field of work or study

                  a range of cognitive and practical skills required to accomplish tasks and solve problems by selecting and applying basic methods, tools, materials and information

                  take responsibility for completion of tasks in work or study
                  adapt own behaviour to circumstances in solving problems

                  Level 4
                  The learning outcomes relevant to Level 4 are

                  factual and theoretical knowledge in broad contexts within a field of work or study

                  a range of cognitive and practical skills required to generate solutions to specific problems in a field of work or study

                  exercise self-management within the guidelines of work or study contexts that are usually predictable, but are subject to change
                  supervise the routine work of others, taking some responsibility for the evaluation and improvement of work or study activities

                  Level 5 (1)

                  The learning outcomes relevant to Level 5 are

                  comprehensive, specialised, factual and theoretical knowledge within a field of work or study and an awareness of the boundaries of that knowledge

                  a comprehensive range of cognitive and practical skills required to develop creative solutions to abstract problems

                  exercise management and supervision in contexts of work or study activities where there is unpredictable change
                  review and develop performance of self and others

                  Level 6 (2)

                  The learning outcomes relevant to Level 6 are

                  advanced knowledge of a field of work or study, involving a critical understanding of theories and principles

                  advanced skills, demonstrating mastery and innovation, required to solve complex and unpredictable problems in a specialised field of work or study

                  manage complex technical or professional activities or projects, taking responsibility for decision-making in unpredictable work or study contexts
                  take responsibility for managing professional development of individuals and groups

                  Level 7 (3)

                  The learning outcomes relevant to Level 7 are

                  highly specialised knowledge, some of which is at the forefront of knowledge in a field of work or study, as the basis for original thinking and/or research
                  critical awareness of knowledge issues in a field and at the interface between different fields

                  specialised problem-solving skills required in research and/or innovation in order to develop new knowledge and procedures and to integrate knowledge from different fields

                  manage and transform work or study contexts that are complex, unpredictable and require new strategic approaches
                  take responsibility for contributing to professional knowledge and practice and/or for reviewing the strategic performance of teams

                  Level 8 (4)

                  The learning outcomes relevant to Level 8 are

                  knowledge at the most advanced frontier of a field of work or study and at the interface between fields

                  the most advanced and specialised skills and techniques, including synthesis and evaluation, required to solve critical problems in research and/or innovation and to extend and redefine existing knowledge or professional practice

                  demonstrate substantial authority, innovation, autonomy, scholarly and professional integrity and sustained commitment to the development of new ideas or processes at the forefront of work or study contexts including research

                  The Framework for Qualifications of the European Higher Education Area provides descriptors for cycles.
                  Each cycle descriptor offers a generic statement of typical expectations of achievements and abilities associated with qualifications that represent the end of that cycle.

         (1)  The descriptor for the higher education short cycle (within or linked to the first cycle), developed by the Joint Quality Initiative as part of the Bologna process, corresponds to the learning outcomes for EQF level 5.

         (2)  The descriptor for the first cycle in the Framework for Qualifications of the European Higher Education Area agreed by the ministers responsible for higher education at their meeting in Bergen in May 2005 in the framework of the Bologna process corresponds to the learning outcomes for EQF level 6.

         (3)  The descriptor for the second cycle in the Framework for Qualifications of the European Higher Education Area agreed by the ministers responsible for higher education at their meeting in Bergen in May 2005 in the framework of the Bologna process corresponds to the learning outcomes for EQF level 7.

         (4)  The descriptor for the third cycle in the Framework for Qualifications of the European Higher Education Area agreed by the ministers responsible for higher education at their meeting in Bergen in May 2005 in the framework of the Bologna process corresponds to the learning outcomes for EQF level 8.

      ANNEX III
      Common Principles for Quality Assurance in Higher Education and Vocational Education and Training in the context of the European Qualifications Framework
      When implementing the European Qualifications Framework, quality assurance — which is necessary to ensure accountability and the improvement of higher education and vocational education and training — should be carried out in accordance with the following principles:

                  —

                  quality assurance policies and procedures should underpin all levels of the European Qualifications Framework,

                  —

                  quality assurance should be an integral part of the internal management of education and training institutions,

                  —

                  quality assurance should include regular evaluation of institutions, their programmes or their quality assurance systems by external monitoring bodies or agencies,

                  —

                  external monitoring bodies or agencies carrying out quality assurance should be subject to regular review,

                  —

                  quality assurance should include context, input, process and output dimensions, while giving emphasis to outputs and learning outcomes,

                  —

                  quality assurance systems should include the following elements:

                              —

                              clear and measurable objectives and standards, guidelines for implementation, including stakeholder involvement,

                              —

                              appropriate resources,

                              —

                              consistent evaluation methods, associating self-assessment and external review,

                              —

                              feedback mechanisms and procedures for improvement,

                              —

                              widely accessible evaluation results,

                  —

                  quality assurance initiatives at international, national and regional level should be coordinated in order to ensure overview, coherence, synergy and system-wide analysis,

                  —

                  quality assurance should be a cooperative process across education and training levels and systems, involving all relevant stakeholders, within Member States and across the Community,

                  —

                  quality assurance orientations at Community level may provide reference points for evaluations and peer learning.


Commission Recommendation to Member States concerning the adoption of a European List of occupational diseases


title: 2012/417/EU: Commission Recommendation of 17 July 2012 on access to and preservation of scientific information

text:
               21.7.2012

               EN

               Official Journal of the European Union

               L 194/39

         COMMISSION RECOMMENDATION
   of 17 July 2012
   on access to and preservation of scientific information
   (2012/417/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               The Communication from the Commission Europe 2020 (1) puts forward the development of an economy based on knowledge and innovation as a priority.

               (2)

               The targets set by the Europe 2020 strategy are given in more detail in particular in the Flagship Initiatives ‘Digital Agenda for Europe’ (2) and ‘Innovation Union’ (3). Among the actions to be taken under the ‘Digital Agenda’, publicly funded research should be widely disseminated through open access publication of scientific data and papers. The ‘Innovation Union’ initiative calls for a European Research Area (ERA) framework to be set up to help remove obstacles to mobility and cross-border cooperation. It states that open access to publications and data from publicly funded research should be promoted and access to publications made the general principle for projects funded by the EU research Framework Programmes.

               (3)

               On 14 February 2007, the Commission adopted a Communication on scientific information in the digital age: access, dissemination and preservation (4), accompanied by a staff working paper. This provided an overview of the state of play in Europe regarding scientific publishing and the preservation of research results, examining relevant organisational, legal, technical and financial issues.

               (4)

               The Communication was followed in November 2007 by Council Conclusions on scientific information in the digital age: access, dissemination and preservation. The Conclusions invited the Commission to experiment with open access to scientific publications resulting from projects funded by EU research framework programmes and included a set of actions to be undertaken by the Member States. There have been advances in some of the areas dealt with in the Conclusions, but not all targets have been met and progress has been uneven among Member States. EU action is needed to make the most of Europe’s research potential.

               (5)

               Open access policies aim to provide readers with access to peer-reviewed scientific publications and research data free of charge as early as possible in the dissemination process, and enable the use and reuse of scientific research results. Such policies should be implemented taking into account the challenge of intellectual property rights.

               (6)

               Policies on open access to scientific research results should apply to all research that receives public funds. Such policies are expected to improve conditions for conducting research by reducing duplication of efforts and by minimising the time spent searching for information and accessing it. This will speed up scientific progress and make it easier to cooperate across and beyond the EU. Such policies will also respond to calls within the scientific community for greater access to scientific information.

               (7)

               Enabling societal actors to interact in the research cycle improves the quality, relevance, acceptability and sustainability of innovation outcomes by integrating society’s expectations, needs, interests and values. Open access is a key feature of Member States’ policies for responsible research and innovation by making the results of research available to all and by facilitating societal engagement.

               (8)

               Businesses will also benefit from wider access to scientific research results. Small and medium-sized enterprises in particular will improve their capacity to innovate. Policies on access to scientific information should therefore also facilitate access to scientific information for private companies.

               (9)

               The Internet has fundamentally changed the world of science and research. For instance, research communities have been experimenting with new ways to register, certify, disseminate and preserve scientific publications. Research and funding policies need to adapt to this new environment. It should be recommended to Member States to adapt and develop their policies on open access to scientific publications.

               (10)

               Open access to scientific research data enhances data quality, reduces the need for duplication of research, speeds up scientific progress and helps to combat scientific fraud. In its final report ‘Riding the wave: How Europe can gain from the rising tide of scientific data’ (5) in October 2010, the High Level Expert Group on Scientific Data emphasised the critical importance of sharing and preserving reliable data produced during the scientific process. Policy action on access to data is therefore urgent and should be recommended to Member States.

               (11)

               Preservation of scientific research results is in the public interest. It has traditionally been under the responsibility of libraries, especially national legal deposit libraries. The volume of research results generated is growing tremendously. Mechanisms, infrastructures and software solutions should be in place to enable long-term preservation of research results in digital form. Sustainable funding for preservation is crucial as curation costs for digitised content are still relatively high. Given the importance of preservation for the future use of research results, the establishment or reinforcement of policies in this area should be recommended to Member States.

               (12)

               Policies to be developed by Member States should be defined at national or sub-national level depending on the constitutional situation and the distribution of responsibilities for defining research policy.

               (13)

               Solid e-infrastructures underpinning the scientific information system will improve access to scientific information and the long-term preservation of it. This can boost collaborative research. According to the Communication of the Commission ‘ICT infrastructures for e-Science’ (6), e-Infrastructures are understood to be ‘an environment where research resources (hardware, software and content) can be readily shared and accessed wherever this is necessary to promote better and more effective research’. The further development of such infrastructures and their interconnection at European level should therefore be recommended.

               (14)

               The move towards open access is a worldwide endeavour, demonstrated by the ‘Revised strategy on UNESCO’s contribution to the promotion of open access to scientific information and research’ (7) and the ‘OECD Declaration on Access to Research Data from Public Funding’ (8). Member States should be part of this global endeavour and should set an example by enhancing an open, collaborative research environment based on reciprocity.

               (15)

               Given the transitional state of the publishing sector, stakeholders need to come together to accompany the transition process and look for sustainable solutions for the scientific publishing process.

               (16)

               On 12 December 2011 the Commission adopted a package consisting of a Communication on open data, a proposal for a Directive amending Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on reuse of public sector information (9) and new Commission rules on the documents it holds. The package presented the Commission’s strategy on open data in a single coherent framework, encompassing actions including this Recommendation.

               (17)

               This Recommendation is accompanied by a Communication in which the Commission defines its policy and vision on open access to research results. It outlines the actions the Commission will take as a body providing funding for scientific research from the Union budget.

               (18)

               Together with this Recommendation and the accompanying Communication the Commission is adopting a Communication on ‘A reinforced European Research Area partnership for excellence and growth’ in which it sets out the key priorities for completing the European Research Area, one of which is the optimal circulation, access to and transfer of scientific knowledge,

         HEREBY RECOMMENDS THAT MEMBER STATES:

      Open access to scientific publications

               1.

               Define clear policies for the dissemination of and open access to scientific publications resulting from publicly funded research. These policies should provide for:

                           —

                           concrete objectives and indicators to measure progress,

                           —

                           implementation plans, including the allocation of responsibilities,

                           —

                           associated financial planning.

                     Ensure that, as a result of these policies:

                           —

                           there should be open access to publications resulting from publicly funded research as soon as possible, preferably immediately and in any case no later than 6 months after the date of publication, and 12 months for social sciences and humanities,

                           —

                           licensing systems contribute to open access to scientific publications resulting from publicly-funded research in a balanced way, in accordance with and without prejudice to the applicable copyright legislation, and encourage researchers to retain their copyright while granting licences to publishers,

                           —

                           the academic career system supports and rewards researchers who participate in a culture of sharing the results of their research, in particular by ensuring open access to their publications and by developing, encouraging and using new, alternative models of career assessment, metrics and indicators,

                           —

                           transparency is improved, in particular by informing the public about agreements between public institutions or groups of public institutions and publishers for the supply of scientific information. This should include agreements covering the so-called ‘big deals’, i.e. bundles of print and electronic journal subscriptions offered at discounted price,

                           —

                           small and medium-sized enterprises and unaffiliated researchers have the widest and cheapest possible access to scientific publications of the results of research that receives public funding.

               2.

               Ensure that research funding institutions responsible for managing public research funding and academic institutions receiving public funding implement the policies by:

                           —

                           defining institutional policies for the dissemination of and open access to scientific publications; establishing implementation plans at the level of those funding institutions,

                           —

                           making the necessary funding available for dissemination (including open access), allowing for different channels, including digital e-infrastructures where appropriate, as well as new and experimental methods of scholarly communication,

                           —

                           adjusting the recruitment and career evaluation system for researchers and the evaluation system for awarding research grants to researchers so that those who participate in the culture of sharing results of their research are rewarded. Improved systems should take into account research results made available through open access and develop, encourage and use new, alternative models of career assessment, metrics and indicators,

                           —

                           giving guidance to researchers on how to comply with open access policies, especially on managing their intellectual property rights to ensure open access to their publications,

                           —

                           conducting joint negotiations with publishers to obtain the best possible terms for access to publications, including use and reuse,

                           —

                           ensuring that results of research that receives public funding are easily identifiable by appropriate technical means, including through metadata attached to electronic versions of the research output.

      Open access to research data

               3.

               Define clear policies for the dissemination of and open access to research data resulting from publicly funded research. These policies should provide for:

                           —

                           concrete objectives and indicators to measure progress,

                           —

                           implementation plans, including the allocation of responsibilities (including appropriate licensing),

                           —

                           associated financial planning.

                     Ensure that, as a result of these policies:

                           —

                           research data that result from publicly funded research become publicly accessible, usable and reusable through digital e-infrastructures. Concerns in particular in relation to privacy, trade secrets, national security, legitimate commercial interests and to intellectual property rights shall be duly taken into account. Any data, know-how and/or information whatever their form or nature which are held by private parties in a joint public/private partnership prior to the research action and have been identified as such shall not fall under such an obligation,

                           —

                           datasets are made easily identifiable and can be linked to other datasets and publications through appropriate mechanisms, and additional information is provided to enable their proper evaluation and use,

                           —

                           institutions responsible for managing public research funding and academic institutions that are publicly funded assist in implementing national policy by putting in place mechanisms enabling and rewarding the sharing of research data,

                           —

                           advanced-degree programmes of new professional profiles in the area of data-handling technologies are promoted and/or implemented.

      Preservation and reuse of scientific information

               4.

               Reinforce the preservation of scientific information, by:

                           —

                           defining and implementing policies, including an allocation of responsibilities for the preservation of scientific information, together with associated financial planning, in order to ensure curation and long-term preservation of research results (primary research data and all other results, including publications),

                           —

                           ensuring that an effective system of deposit for electronic scientific information is in place, covering born-digital publications and, where relevant, the related datasets,

                           —

                           preserving the hardware and software needed to read the information in future, or by migrating the information to new software and hardware environments on a regular basis,

                           —

                           fostering the conditions for stakeholders to offer value-added services based on the reuse of scientific information.

      E-infrastructures

               5.

               Further develop e-infrastructures underpinning the system for disseminating scientific information by:

                           —

                           Supporting scientific data infrastructures for dissemination of knowledge, research institutions and funding entities to address all stages of the data life cycle. These stages should include acquisition, curation, metadata, provenance, persistent identifiers, authorisation, authentication and data integrity. Approaches need to be developed to provide a common look and feel to data discovery across disciplines, thus reducing the learning curve required to achieve productivity,

                           —

                           supporting the development and training of new cohorts of data-intensive computational science experts, including data specialists, technicians and data managers,

                           —

                           leveraging and building on existing resources to be economically efficient and to innovate in the areas of analysis tools, visualisations, decision-making support, models and modelling tools, simulations, new algorithms and scientific software,

                           —

                           reinforcing the infrastructure for access to and preservation of scientific information at national level, and earmarking the necessary funds,

                           —

                           ensuring the quality and reliability of the infrastructure, including through the use of certification mechanisms for repositories,

                           —

                           ensuring interoperability among e-infrastructures at national and global level.

               6.

               Ensure synergies among national e-infrastructures at European and global level by:

                           —

                           contributing to the interoperability of e-infrastructures, in particular addressing scientific data exchange, taking into account experiences with existing projects, infrastructures and software developed at European and global level,

                           —

                           supporting transnational cooperative efforts that promote the use and development of information and communication technologies infrastructure for higher education and research.

      Multi-stakeholder dialogue at national, European and international level

               7.

               Participate in multi-stakeholder dialogues at national, European and/or international level on how to foster open access to and preservation of scientific information. Participants should in particular look at:

                           —

                           ways of linking publications to the underlying data,

                           —

                           ways of improving access and keeping costs under control, e.g. through joint negotiations with publishers,

                           —

                           new research indicators and bibliometrics encompassing not only scientific publications but also datasets and other types of output from research activity and the individual researcher’s performance,

                           —

                           new reward systems and structures,

                           —

                           the promotion of open access principles and implementation at international level, especially in the context of bilateral, multilateral and international cooperation initiatives.

      Structured coordination of Member States at EU level and follow-up to the Recommendation

               8.

               Designate by the end of the year a national point of reference whose tasks will be:

                           —

                           coordinating the measures listed in this Recommendation,

                           —

                           acting as an interlocutor with the European Commission on questions pertaining to access to and preservation of scientific information, in particular better definitions of common principles and standards, implementation measures and new ways of disseminating and sharing research in the European Research Area,

                           —

                           reporting on the follow-up to this Recommendation.

      Reviewing and reporting

               9.

               Inform the Commission 18 months from the publication of this Recommendation in the Official Journal of the European Union, and every two years thereafter, of action taken in response to the different elements of this Recommendation, in accordance with formalities to be defined and agreed. On this basis, the Commission will review the progress made across the EU to assess whether further action is needed to achieve the objectives laid down in this Recommendation.

      Done at Brussels, 17 July 2012.

            For the Commission

         Neelie KROES

            Vice-President

      (1)  COM(2010) 2020 final of 3.3.2010, available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:2020:FIN:EN:PDF

      (2)  COM(2010) 245 final/2 of 26.8.2010, available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0245:FIN:EN:PDF

      (3)  COM(2010) 546 final of 6.10.2010, available at: http://ec.europa.eu/research/innovation-union/pdf/innovation-union-communication_en.pdf#view=fit&pagemode=none

      (4)  COM(2007) 56 final of 14.2.2007; available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52007DC0056:EN:NOT

      (5)  http://cordis.europa.eu/fp7/ict/e-infrastructure/docs/hlg-sdi-report.pdf

      (6)  COM(2009) 108 final.

      (7)  http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CI/CI/images/GOAP/OAF2011/213342e.pdf

      (8)  http://www.oecd.org/dataoecd/9/61/38500813.pdf

      (9)  OJ L 345, 31.12.2003, p. 90.