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EU Customs 2010

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Page 1: EU Customs 2010
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The Egyptian Center for Studies of Export & Import و ا�����اد ���� ا ��آ� ا ���ى �را��ت ا

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For full study Contact us -This is a Summary of Study's

February 2010

An independent study's Prepared by: The Egyptian center for Studies of Export & Import. Economics provides a tool for studying how legal rules affect the way people and businesses behave, so that understanding the economic aspects of legal problems has become an important part of a lawyer's education. Similarly, for a person trained as economist knowledge of legal issues has come to be increasingly important. The objective of this study's Our Studies goal is to provide general information about effective EU customs legislation and its respective relationships. Considering that Community customs legislation spans more than 1,000 pages and The Expanding Competence of the European Union in the Area of International Trade. To Support the Egyptian Exporters, Shippers

The EU Customs Policy The Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernized Customs Code) which must be applied only when the detailed implementation regulations have been adopted (this must happen no later than 2013).

It is nearly impossible to have up-to-date knowledge of Community customs legislation without access to the Internet because certain updated important elements of it can be accessed only through the Internet.

Our Study's it is first studies in this field and we hope to help all exporters in Arab Countries to understand and pass to EU Market. Our Reference: EU websites, EU Members website and others …

General Manager

Medhat Saad El-din Legal & Economic Consultations

www.ecsei.com www.ecsei-eg.com Direct: 0020-123514312 Email: [email protected] [email protected]

Summary Summary

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Introduction

The EU is one of the world’s major economic actors and the most important trader so that clearly its relations with the most countries in the world have a substantial impact on the global economy. The EU boasts a diverse and yet increasingly integrated market, Europe is an open and transparent market. The strong markets of Western Europe and the Nordics are complemented by the impressive growth of the emerging markets in Central and Eastern Europe." The European Union is the world's largest single market and by far the most important trading partner for developing countries. The wide range of preferential and bilateral trade agreements that the EU is offering partners in the developing world, allows them to benefit from as open access as possible to the EU market. The single European market has created an estimated €877 billion (£700 billion) of extra wealth in the last 10 years and EU trade now accounts for 20% of all global imports and exports, making the EU the world’s largest trader. The EU is a springboard to extend further commercial activities in North Africa, the Middle East and Asia. Some of the key growth sectors of interest to the EU include:

• Information and communications technologies, • Aerospace and defence, • Life sciences, • Agriculture and agri-food, • Environmental products, • Services, • Technologies

The European Union is based on the rule of law This means that everything that it does is derived from treaties, which are agreed on voluntarily and democratically by all Member States. Previously signed treaties have been changed and updated to keep up with developments in society. The EU Common Commercial Policy The Treaty of Rome (EEC) contains the progressive establishment of the Common commercial Policy (CCP) and its common external tariff (CET) (Title VII arts 110-113, now Title XI arts 131-134). The Common Commercial Policy has been and still is one of the most dynamic fields of EU external relations. At the same time it is one of the most important fields of

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European Law determining the legal basis for Europe`s place in its global economic relations. Since the entry into force of the ECC-Treaty in 1958 the scope of the Common Commercial Policy (CCP) has already changed several times to adapt to the new realities of international trade and economic relations. A primary objective of the CCP Is to secure uniformity of treatment by EC members in trade relations with third countries. As in any commercial policy, art. 113 (133) expressly refers not only to the use of tariff, but also to the uniform application of other trade policy Instruments such as:

• Liberalization measures, • Protection in the case of illicit practices, • Export policy (credit), • Anti-dumping and countervailing measures against subsidies.

It also regulates the negotiation and approval of common trade arrangements with third countries.

The Customs Union

The European Union (EU) acts in the area of international trade through the community’s commercial policy regulated by the European Community (EC) Treaty and the position of the Union in external trade relations is dependant on the unique legal character of this entity. The customs union is the essential element of the internal market. Its introduction was the primary objective after the signature of the Treaty of Rome and continued until 1968.

Common procedures and rules were drawn up together with a

Single Administrative Document (SAD) aimed at replacing the different documents previously used with the entry into force of the single market in 1993. The other essential element of the customs union is that goods imported from third countries are subject to the same customs duties in every member country.

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Tariff Policy is the first step towards

The basis of the Community Customs Tariff, enacted by means of Regulation (EEC) 3816/86, which came into force on The Community Customs Codeestablishing the Community Customs Code & amended

The Community Customs Code and the Regulation that followed are the basis of the economic union of the Member States; these represent a single body as against all other Countries called ”third Countries”.The Community Customs Code is the only legislative means inall E.U. Member States.

It provides for identical rules and procedures for all Member States and it is the only fundamental customs law that disciplines trade between EU and non

The Code is made up of competences of customs.

It starts from the scope of application and basic definition, determining the activity of customs, its principles and implementing regulations.

The Egyptian Center for Studies of Export & Import و ا�����اد ���� ا ��آ� ا ���ى �را��ت ا

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Tariff Policy is the first step towards customs union

The basis of the Community Customs Tariff, enacted by means of Regulation (EEC) which came into force on 1st January 1988.

The Community Customs Code Council Regulation (EEC) No 2913/92establishing the Community Customs Code & amended

unity Customs Code and the Regulation that followed are the basis of the economic union of the Member States; these represent a single body as against all other Countries called ”third Countries”. The Community Customs Code is the only legislative means in force in

It provides for identical rules and procedures for all Member States and it is the only fundamental customs law that disciplines trade between EU and non-EU Countries. The Code is made up of 253 articles disciplining the competences of customs.

It starts from the scope of application and basic definition, determining the activity of customs, its principles and implementing

First Step Towards Customs Union

Common Customs Tariff (CCT) entered into force

On 1st July 1968

As a consequence were eliminated

The Tariff barriers and quantity restrictions in intra-Community trade

Achieving a tariff union among the six countries which had signed the Treaty

of Rome

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The basis of the Community Customs Tariff, enacted by means of Regulation (EEC)

2913/92

the basis of the economic union of the Member States; these represent

force in

determining the activity of customs, its principles and implementing

First Step Towards Customs Union

Common Customs Tariff (CCT) entered

As a consequence were eliminated

Community trade

Achieving a tariff union among the six countries which had signed the Treaty

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Non-Requirements

On 1st January 1993customs laws ceased to be in force; a Consolidation Act has been issued that may be modified only by the competent Community bodies.

The Community Customs Code is the result of more than continues harmonization and modification of Member States’ customs legislations.

The first target that has been achieved is the elimination of all obligations and limitations in intercommunity trade.

Goods can now be transferred from one EU Country to another without completing customs formalities.

The customs union was one of the EU's earliest milestones. It abolished customs duties at internal borders and put in place a

uniform system for taxing imports. Internal border controls subsequently disappeared The customs union is a single trading arecirculate freely, whether made within the EU or imported from outside.

The EU will cut its tariff in stages, from the current rate of per tonne to €114 per cent tonne in

Customs services in the EU handle nearlythat is more than two billion tonnes of goods per year.

Customs process well over annually the EU lower its tariffs on many imports from poor countries.

The Modernized Customs Code(EC) No 450/2008 The Main changes made to customs legislation by the modernized Code:

The Code has been modernized in response to a number of internal and external challenges faced by the EU, as well to the changing context in which customs

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EU Market Access Requirements are divided into two

categories:

Legislative Requirements

-legislative Requirements

1993, the single market started and all national ased to be in force; a Consolidation Act has

been issued that may be modified only by the competent Community bodies.

The Community Customs Code is the result of more than 35 years of continues harmonization and modification of Member States’ customs

The first target that has been achieved is the elimination of all obligations and limitations in intercommunity trade.

Goods can now be transferred from one EU Country to another without completing customs formalities. The customs union was one of the EU's earliest milestones. It abolished customs duties at internal borders and put in place a

uniform system for taxing imports. Internal border controls subsequently disappeared. The customs union is a single trading area where all goods circulate freely, whether made within the EU or imported from

The EU will cut its tariff in stages, from the current rate of €176 per cent tonne in 2017 at the earliest.

Customs services in the EU handle nearly 20% of world importsthat is more than two billion tonnes of goods per year. Customs process well over 100 million customs declarations annually the EU lower its tariffs on many imports from poor

The Modernized Customs Code the Council Regulation

The Main changes made to customs legislation by the modernized Code:

The Code has been modernized in response to a number of internal and external challenges faced by the EU, as well to the changing context in which customs authorities work.

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the single market started and all national

continues harmonization and modification of Member States’ customs

Goods can now be transferred from one EU Country to another

It abolished customs duties at internal borders and put in place a

circulate freely, whether made within the EU or imported from

€176

of world imports,

The Main changes made to customs legislation by the modernized Code:

internal and external challenges faced by the EU, as well to the

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Our View and work in this study's

The Community's Basic Customs Legislation

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Common Customs Tariff

(CCT)

Type of the

imported Goods

origins of the

imported goods

this study's :

The Community's Basic Customs Legislation

Council Regulation 2913/92/EEC establishing the Community Customs Code

Council Regulation 2454/93/EEC laying down provisions for the implementation of Council Regulation

EEC establishing the Community Customs Code

Council Regulation 918/83/EEC setting up a Community system of reliefs from customs duty (duty

regulation).

Council Regulation 2658/87/EEC on the tariff and statistical nomenclature and on the Common Customs

Tariff.

Decision No 624/2007/EC

establishing an action programme for customs in the Community (Customs 2013

The Council Regulation (EC) No 450European Parliament and of the Council of

laying down the Community Customs Code ((Modernized Customs Code)

Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a Paperless

Environment for Customs and Trade

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/EEC establishing the Community Customs Code

/EEC laying down provisions for the implementation of Council Regulation 2913/92/

EEC establishing the Community Customs Code

/EEC setting up a Community system of reliefs from customs duty (duty-free

/EEC on the tariff and statistical nomenclature and on the Common Customs

/EC

establishing an action programme for customs in the 2013)

450/2008 of the European Parliament and of the Council of 23 April 2008

laying down the Community Customs Code ((Modernized Customs Code)

/EC of the European Parliament and on a Paperless

Environment for Customs and Trade

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Common Rules Regarding Origin

Storage Procedures

A Single Administrative Document (SAD) for

Customs

Two Major Initiatives Phased in Customs authorities across the EU

The Electronic Customs plan should lead to a Paperless Customs system by 2012.

Modernization of the Community Customs Code is the Legal Side of

Electronic Customs.

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Two Major Initiatives Phased in Customs authorities across the EU

The Electronic Customs plan should lead to a Paperless

.

Modernization of the Community Customs Code is the Legal Side of

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General provisions that apply across the product

categories

The Electronic customs initiative is essentially based on of legislation

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The Structure of the Tax to be applied to a particular

group of products

The minimum rates of duty that Member States have to respect for each type of

product.

General provisions that apply across the product

categories

The Electronic customs initiative is essentially based on three pieces

The Regulation (EC) 648/2005 on the Security and Safety Amendment to the customs code which provides for full computerization of all

procedures related to security and safety

The Decision No 70/2008/EC of the European Parliament and of the Council of The

on the paperless environment for customs and trade Electronic Customs Decision whichthe basic framework and major deadlines for

the electronic customs projects

The Regulation No 450/2008 EC, the Modernized Community Customs Code which

provides for the completion of the computerization of customs

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The minimum rates of duty that Member States have to respect for each type of

three pieces

on the Security and Safety Amendment to the customs code which provides for full computerization of all

procedures related to security and safety

/EC of the European Parliament and of the Council of The Decision

on the paperless environment for customs and trade Electronic Customs Decision which sets the basic framework and major deadlines for

the electronic customs projects

EC, the Modernized Community Customs Code which

provides for the completion of the computerization of customs

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The suspension of VAT and excise duties

In Certain Cases These Include

Created uniform customs regime

External common customs tariff (CCT) rates for goods imported from non-member countries into the Customs Union

area

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The CC is applicable in areas other than customs duties

Restrictions and prohibitions based on

grounds other than commercial policy

Import and export quotas and prohibitions

In Certain Cases These Include

The European Customs Union

Created uniform customs regime

Enter EU Market

Eliminated import VAT between EU member

states

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Import and export quotas and prohibitions

Eliminated customs duties between EU member states

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2008 Unit

Euro area

EU

United States

Japan

Population, GDP and labour Total population

millions

327.9

498.6

304.5

127.7

Labour force participation rate

%

71.4

70.9

75.3

73.8

Age dependency ratio

%

49.8

48.6

48.7

55.2

GDP (PPP)

EUR trillions

9.3

13.0

12.3

3.7

GDP per capita (PPP)

EUR thousands

28.2

26.1

40.3

28.9

Labour productivity (PPP) 4)

(euro area = 100)

100.0

91.6

132.6

91.6

Labour income share

%

66.0

67.6

68.5

72.8

Value added by economic activity Agriculture, fishing, forestry

% of total

1.8

1.8

1.3

1.4

Industry (incl. construction)

% of total

26.4

26.5

21.8*

28.5*

Services (incl. non-market services)

% of total

71.8

71.7

76.9*)

70.1*

Saving and investment Gross saving6

% of GDP

21.2

20.8

14.5*

27.0

Gross fixed capital formation

% of GDP

21.7

21.1

17.8

23.1

External Exports of goods and services

% of GDP

22.6

14.8

12.6

18.3

Imports of goods and services

% of GDP

22.3

15.8

17.5

17.9

Monetary and financial indicators Credit

EUR trillions

15.5

20.8

10.8

8.9

Outstanding debt securities

EUR trillions

13.2

16.3*)

21.4

8.1

Stock market capitalisation

EUR trillions

3.5

5.2

9.0

2.3

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Index

Part I: EU Glossary Preparation by ECSEI

Part II: European Union History: I. The European coal and Steel Community (ECSC) 1951

II. The European Atomic Energy Community (EURATOM) 1957

III. The European Economic Community (EEC) 1957

IV. Merger Treaty 1965

V. Single European Act (SEA) 1986

VI. Treaty on European Union (The Maastricht Treaty) 1992

VII. Treaty of Amsterdam 1997

VIII. Treaty of Nice 2001

IX. Treaty of Lisbon 2007

Part III: The Single European Market

I. The Terms of the EEC Treaty

II. EU Market Access Requirements:

II.1. Legislative requirements

II.2. Non-legislative requirements

Part IV: The Players in the Community System (The European Union institutions) I. The European Parliament

II. The Council of the European Union

III. The European Commission

IV. The Court of Justice

V. The Court of Auditors

VI. The European Central Bank (ECB)

VI.1. Euro area

VII. The European Economic and Social Committee (EESC)

Part V: EU Economy

I. EU Economy Overview

II. The EU budget 2010

III. Economic of the European Union, 2008

IV. Economic Survey of the European Union, 2009

V. Shares of Global Output

Part VI: The Common Commercial Policy I. Commission negotiates and concludes international agreements at the bilateral and

multilateral levels.

II. EU and the World Trade Organization

III. The Specific Preferences (The Generalized Preferences System) GPS

IV. Trade relations with third Countries

V. The United Nations Conference on Trade and Development (UNCTAD)

VI. UN list of LDCs a<er the 2006 triennial review

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Part VII: The Roles and Structure of the Common Customs Tariff (CCT) I. Type of EU Taxation

II. The Types of Duty are used in the CCT

III. EU Legislation in the area of excise duties

IV. Common Customs Tariff

V. EU Combined Nomenclature

VI. Integrated Tariff of the European Communities (Taric)

VII. Combined Nomenclature and Taric

VIII. The Principles of Tariff Classification

IX. Binding Tariff Information (BTI)

X. Tariff quotas

Part VIII: The History of Customs Union I. Emerging Issues in European Customs Law

II. The legal sources of European customs law

III. The General Agreement on Tariffs and Trade

IV. The rules of commercial international law

Part IX: The Scope and Structure of Community Customs Legislation I. The European Union's customs policy

II. Basic Customs Legislations III. Basic Customs Instruments

IV. Customs union and the internal market European law represent the most

important Source of law for applicable European customs law.

V. Electronic customs

VI. The right and obligation of traders and administrations with regard to customs rules

VII. The Community Customs Code contains three broad categories of rules:

VII.1.General provisions

VII.2.Procedural rules

VII.3.Rules on customs duties

VIII. The Two Most Common Types of Customs Duty :

VIII.1.Tariff quotas

VIII.2.Anti-dumping duties

IX. The World Trade Organization

X. The World Customs Organization

Part X. The Community Customs Code (Modernized Customs Code) No 450/2008 EC I. The Main changes made to customs legislation by the modernized Code

II. MCC Implementation provisions

III. Electronic systems

IV. MCC Structure

V. Scope of customs legislation

VI. Rights and obligations of persons with regard to customs legislation

VII. The Basis of which import or export duties

VIII. Goods Brought into the Customs Territory of the Community IX. General rules and Special Procedures on customs status

X. Departure of goods from the customs territory of the community

XI. Glossary of MCC

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Part. I. EU Glossary Preparation by ECSEI

ACP African, Caribbean and Pacific Group of States.Is an organization created by the Georgetown Agreement in It is composed of African, Caribbean and Pacific States which are signatories to the Partnership Agreement between the ACP and the European Union, officially called the "ACP-EC Partnership Agreement" or the "Cotonou Agreement".

It includes 77 countries namely Angola Comoros - Bahamas - Barbados Cameroon - Central African Republic - Cook Islands - Cte d'Ivoire Eritrea - Ethiopia - Fiji - Gabon Guinea-Bissau - Equatorial Guinea Lesotho - Liberia - Madagascar Mauritius - Micronesia - Mozambique Palau - Papua New Guinea the Grenadines - Solomon Islands Seychelles - Sierra Leone Tanzania - Timor Leste - Togo Vanuatu - Zambia - Zimbabwe.

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EU Glossary Preparation by ECSEI

African, Caribbean and Pacific Group of States. Is an organization created by the Georgetown Agreement in 1975. It is composed of African, Caribbean and Pacific States which are signatories to the Partnership Agreement between the ACP and the European Union, officially called

EC Partnership Agreement" or the "Cotonou Agreement".

countries namely Angola - Antigua and Barbuda - Belize Barbados - Benin - Botswana - Burkina Faso - Burundi

Central African Republic - Chad - Congo (Brazzaville) - Congo (Kinshasa) voire - Cuba - Djibouti - Dominica - Dominican Republic Gabon - Gambia - Ghana - Grenada - Republic of Guinea

Equatorial Guinea - Guyana - Haiti - Jamaica - Kenya -Madagascar - Malawi - Mali - Marshall Islands - Mauritania

Mozambique - Namibia - Nauru - Niger - Nigeria Papua New Guinea - Rwanda - St. Kitts and Nevis - St. Lucia -

Solomon Islands - Samoa - Sao Tome and Principe - - Somalia - South Africa - Sudan - Suriname Togo - Tonga - Trinidad and Tobago - Tuvalu

Zimbabwe.

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It is composed of African, Caribbean and Pacific States which are signatories to the Partnership Agreement between the ACP and the European Union, officially called

Belize - Cape Verde - Burundi -

Congo (Kinshasa) Dominican Republic -

Republic of Guinea - - Kiribati -

Mauritania - Nigeria - Niue -

St. Vincent and Senegal -

Suriname - Swaziland - Tuvalu - Uganda -

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Action programme for customs in the Community 2013 Decision No 624/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing an action programme for customs in the Community Establishment of the Programme: 1. A multiannual action programme for customs in the Community (Customs 2013) Established for the period from 1 January 2008 to 31 December 2013 to support and complement action undertaken by Member States in ensuring the effective Functioning of the internal market in the customs field. 2. The Programme shall consist of the following activities: (a) Communication and information-exchange systems; (b) Benchmarking; (c) Seminars and workshops; (d) Project groups and steering groups; (e) Working visits; (f) Training activities; (g) Monitoring actions; (h) Any other activities required for the realisation of the objectives of the programme. AEO Authorized Economic Operator (AEO) Programme : The EU is introducing a series of measures to protect the international supply chain from terrorist exploitation. To minimize any slowdown in the movement of legitimate goods resulting from these measures, a trade facilitation initiative known as the AEO Programme has been introduced for compliant traders with effect from 1st January 2008. In advance of the introduction of AEO, Revenue engaged in an extensive consultation process with the trade and has trained staff throughout the organization to deal with this new program. AES Means Automated Export System (EU) The objective of the Automated Export System is to ensure that export operations started in one Member State can be finalized in another Member State without re-submission of the same information. This includes the exchange of electronic messages related to the different stages of the operations amongst the various actors (customs, traders and other governmental administrations). This project was divided in 3 phases:

• Export Control System (ECS) • ECS - Exit "Security" Control • AES Full Deployment

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Agricultural Duties

Import and export duties introduced under the common agricultural policy. The EU is one of the worlds most open market to imports of farm products from third countries and especially from developing countries. Taking into account trade preferences given to developing countries, the average customs duty actually applied by the EU to farm imports is 10.5 %, a figure three times lower than frequently mentioned data. As a result of this low level of protection, the EU is by far the world's number one importer of agricultural products, and the main importer of farm products from developing countries as well as from Least Developed countries. Anti-dumping Duties (AD)

Customs duties imposed on imports from specific countries in addition to the normal or preferential duty; such duties can be introduced where the export price is below the normal value, provided such imports cause or threaten to cause material injury to Community producers of like products.

Anti-dumping measures

• Regulation (EC) No 384/96 aims to transpose the provisions of the new agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (1994 Anti-dumping Agreement) into Community law with a view to ensuring appropriate and transparent application of the new anti-dumping rules.

• The Regulation applies to all countries that are not members of the European Community (EC).

• The Regulation applies to all products. • However, with regard to agricultural products, particularly products where

common market organizations protect Community production through the use of levies, the provisions of the anti-dumping regulation may be applied by way of complement to and in derogation from any provisions which preclude the application of anti-dumping duties.

The Regulation lays down two conditions for the application of anti-dumping duties:

• The existence of dumping and • Proof of injury to the Community industry as a result of this dumping.

Approved Exporter (Export Procedure) A person who has been authorized to use the local clearance procedure for exports, i.e. he places the goods under the procedure by entry in his records and notifies the customs authorities of the removal of the goods from his premises in the manner specified in the authorization (Arts 283-289 CCIP).

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Approved Exporter (Origin)

A person who makes frequent shipments of products qualifying for preferential origin and who has been authorized to make out invoice declarations for proof of origin.

Association Agreement An agreement between the Community and one or more third countries creating mutual rights and obligations.

ATA Carnets

The ATA Carnet is an international customs document that permits duty-free and tax-free temporary import of goods for up to one year. The initials "ATA" are an acronym of the French and English words "Admission Temporaire/Temporary Admission."

ATA Carnets cover:

• Commercial samples • Professional equipment • Goods for presentation or use at trade fairs, shows, exhibitions etc.

That means almost anything:

• Computers, • Repair tools, • Photographic and film equipment, • Musical instruments, • Industrial machinery, • Vehicles, • Jewellery, • Clothing, • Medical appliances and aircraft, • Race horses, • Old masters, • Prehistoric relics, • Ballet costumes and • Rock group sound systems

Note: ATA Carnets do NOT cover perishable or consumable items or goods for processing or repair.

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ATR Goods Movement Certificates An ATR Document is a goods movement certificate used for preferential treatment of goods moved between the European Community and Turkey. This Notice explains the rules to be satisfied if goods are to qualify for preferential tariff treatment which the EC has formed with Turkey for a wide range of industrial products. Most agricultural and all coal and steel products qualify under traditional reciprocal trade agreements. Authorized Consignee

A person who has been authorized to receive at his premises or at any other specified place goods under a transit procedure without presenting them and the transit declaration at the office of destination.

Authorized Consignor A person who has been authorized to carry out transit operations without presenting the goods and the transit declaration at the office of departure. Bilateral and regional cooperation

European Neighborhoods and Partnership Instrument

Relations between the EU and its neighbors are handled within two political frameworks:

Relations between the EU and its neighbors

The separate Strategic Partnership

The European Neighbourhood Policy

(ENP)

Are handled within two political frameworks

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The European Neighborhoods Policy (ENP) covering relations with 16 of the EU’s immediate neighbors',

The ENPI provides EC assistance at a bilateral or regional level to 17 countries:

1) Algeria, 2) Armenia, 3) Azerbaijan, 4) Belarus, 5) Egypt, 6) Georgia, 7) Israel, 8) Jordan, 9) Lebanon, 10) Libya, 11) The Republic of Moldova (hereafter Moldova), 12) Morocco, 13) The occupied Palestinian territory, 14) Syria, 15) Tunisia, 16) Ukraine and 17) Russia.

It comprises a specific cross-border cooperation component covering border regions of EU Member States.

Binding Origin Information (BOI)

Written information issued by the customs authorities of the Member States on the preferential or non-preferential origin of specific goods to be imported or exported (Art. 12 CC).

Binding Tariff information (BTI) Written information issued by the customs authorities of the Member States on the classification of goods in the combined nomenclature or a nomenclature derived there from, such as the TARIC (Art. 12 CC).

CCC Community Customs Code (EU) the provisions of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code and subsequent amendments. CCE Commissioners of Customs and Excise.

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CCIP Customs Code Implementer Provisions (EU) Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code. Combined Nomenclature (CN) A systematic list of goods descriptions based on the Harmonized System, serving for the purposes of the Common Customs Tariff, external trade statistics, and other Community policies (Art. 1 Reg. [EEC] No 2658/87).

Commercial Policy Measures Non-tariff measures established in the framework of the common commercial policy, such as:

• import or export surveillance or safeguard measures, • quantitative import or export restrictions, • Import or export prohibitions (Art. 1 (7) CCIP).

Some measures apply to all goods entering or leaving the EC customs territory, others only to release for free circulation or export (Arts 509, 808 CCIP).

Common Customs Tariff The sum of all Community provisions fixing import and export duties and duty exemptions with regard to specific goods, including agricultural, anti-dumping and preferential duties, tariff quotas and tariff suspensions. Common Transit Customs procedure for the carriage of goods between the Community and the EFTA countries and between the EFTA countries themselves. Community Transit Customs procedure that allows goods to be moved from one point in the Community to another. Compensating products Products resulting from processing under the inward or outward processing procedure. Main compensating products are those for the production of which the arrangements were authorized, whilst secondary compensating products are necessary by-products of the processing operation (Art. 496 (k, l) CCIP).

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Control copy T5

Declaration and undertaking used to cover goods imported into, exported from or moving within the customs territory of the Community that are subject to proof of compliance with the conditions provided for or prescribed by a Community rule for their use and/or destination. Countervailing duties Customs duties imposed on imports from specific countries in addition to the normal or preferential duty; such duties can be introduced where a subsidy is granted by the export country, provided such imports cause or threaten to cause material injury to Community producers of like products (Art. VI GATT and Reg. [EC] No 2026/97,) CPD Carnet Document facilitating transit and temporary importation of means of transport by serving both as a customs declaration and authorization as well as guarantee in countries that are a contracting party to the Istanbul Convention. CPT

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

Cumulation Rules allowing components and processing in certain partner countries to be considered for the acquisition or maintenance of preferential origin. Cumulation is the term used to describe a system that allows originating products of country A to be further processed or added to products originating in country B, just as if they had originated in country B. The resulting product would have the origin of country B. It can only be applied between countries operating with identical origin rules. An important point to remember is that in the case of cumulation the working or processing carried out in each partner country on originating products does not have to be 'sufficient working or processing' as set out in the list rules. There are four types of cumulation: bilateral, diagonal, regional and full.

• Bilateral cumulation • Diagonal cumulation • Regional cumulation • Full cumulation

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Customs Code Committee

The Committee assisting the Commission in the elaboration of implementing provisions to:

• The Community Customs Code, • Duty relief on account of special circumstances, • The Combined nomenclature and explanatory notes thereto, • Any other Council regulation referring to this Committee.

Customs Controls Acts performed by the customs authorities of the Member States with a view to ensuring that the customs rules and other applicable trade provisions are observed, such as examining goods, documents or accounts, or carrying out inquiries (Arts 4 (14), 13, 68, 78 (2) CC).

Customs Debt The obligation on a person to pay import or export duties under the provisions of the Community Customs Code and the Common Customs Tariff.

Customs Declaration The act whereby a person indicates the wish to place goods under one of the customs procedures provided for by the Community Customs Code (Arts 4 (17), 59 - 78 CC). Customs office of Entry Means the customs office designated by the customs authorities in accordance with the customs rules to which goods brought into the customs territory of the Community must be conveyed without delay and at which they will be subject to appropriate risk-based entry controls. Customs office of Exit Means the customs office designated by the customs authorities in accordance with the customs rules to which goods must be presented before they leave the customs territory of the Community and at which they will be subject to customs controls relating to the completion of exit formalities, and appropriate risk-based controls.

Customs office of Export Means the customs office designated by the customs authorities in accordance with the customs rules where the formalities for assigning goods leaving the customs territory of the Community to a customs-approved treatment or use, including appropriate risk-based controls, are to be completed.

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Customs office of Import Means the customs office designated by the customs authorities in accordance with the customs rules where the formalities for assigning goods brought into the customs territory of the Community to a customs-approved treatment or use, including appropriate risk-based controls, are to be carried out. Customs Procedure The Community Customs Code provides for 8 customs procedures:

1) Release for free circulation, 2) Transit, 3) Customs warehousing, 4) Inward processing, 5) Processing under customs control, 6) Temporary importation, 7) Outward processing, and 8) Exportation (Art. 4 (16) CC).

Customs Procedures with economic impact

The following customs procedures require an authorization and in some situations an evaluation of their economic impact (Art. 84 (1) (b) CC):

• Customs warehousing, • Inward processing, • Processing under customs control, • Temporary importation, • Outward processing.

Customs Territory of the Community The Customs Territory of the Community Comprises of the Territory of:

• Belgium, • Bulgaria, • The Czech Republic, • Denmark, except the Faroe Islands and

Greenland, • Germany, except the Island of Helgoland and the

territory of Bussing, • Estonia, • Ireland, • Greece, • Spain, except Ceuta and Melilla, • France, except New Caledonia, Mayotte, Saint-Pierre and Miquelon, Wallis

and Futuna Islands, French Polynesia and French Southern and Antarctic Territories,

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• Italy, except the municipalities of Livigno and Campione d'Italia and the national waters of Lake Lugano which are between the bank and the political frontier of the area between Ponte Tresa and Porto Ceresio,

• Cyprus (pending a settlement to the Cyprus problem, the application of the Community 'acquis' is suspended in those areas in which the Government of the Republic of Cyprus does not exercise effective control),

• Latvia, • Lithuania, • Luxembourg, • Hungary, • Malta, • the Netherlands in Europe, • Austria, • Poland, • Portugal, • Romania • Slovenia, • The Slovak Republic, • Finland, • Sweden, • The United Kingdom of Great Britain and Northern Ireland and the Channel

Islands and the Isle of Man.

Customs Union

The merger of two or more customs territories with the effect that (Art. XXIV GATT and Art. 23 EC Treaty):

• Customs duties and non-tariff barriers are eliminated between the members of the union for substantially all trade, and

• A common customs tariff and common rules for non-tariff barriers are introduced for substantially all trade with non-member countries.

Customs Value The value of goods established according to the customs rules for the levying of ad-valorem duties (Arts 28 _ 36 CC).

Customs Warehousing Customs procedure allowing the storage of (Art. 98 (1) CC) Non-Community goods without subjecting them to import duties or commercial policy measures, and Community goods with a view to applying measures normally requiring the export of such goods.

Debtor Any person liable for payment of a customs debt.

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Declarant The person making the customs declaration in his own name or the person in whose name a customs declaration is made (Arts 4 (18), 5 CC). Declaration of value (D.V.1) A form accompanying the customs declaration where it is necessary to establish the customs value (Art. 178, Annexes 28, 29 CCIP). Destruction Customs treatment of Community goods subject to end-use controls and non-Community goods in order to avoid payment of import duties (Arts 82, 182 CC). Direct Transport Rule

Preferential arrangements contain rules concerning the transportation of preferential goods from one party's territory to another. The purpose of direct transport is to ensure that the goods arriving in the country of import are the same as those which left the country of export. However, if for any reason the goods pass through or stop-over in, the territory of a third country provided that they stay under customs supervision, the conditions of direct transport are considered to have been fulfilled. Proof of compliance with the direct transport rule may be given by a single transport document covering the passage of the goods through the country of transit or, for example, a "non-manipulation certificate" issued by the authorities of that country. Drawback One of the two variants of the inward processing procedure under which the import duties are paid at release for free circulation and refunded when the processed products or the goods in the unaltered state are re-exported. Many free-trade agreements don't allow drawback if a preferential proof of origin is issued. Duty relief Duty relief is provided for:

• Outward processing (Art. 145 CC), • Special circumstances as defined in Reg. (EEC) No 918/83 (Art. 184 CC), • Returned goods (Arts 185-187 CC), • Products of sea-fishing (Art. 188).

………………………. Summary

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Part II. European Union History

On 23 July 1952 SIX founding members formed the European Coal and Steel Community (ECSC) which was transformed into the European Community later renamed to European Community later renamed to European Union in waves of accession as follows:

Date Countries Members

18 April 1951

The Treaty of Paris was signed in April of 1951, establishing the European Coal and Steel Community (ECSC).France, Germany, Italy, Belgium, Luxembourg and the Netherlands accepted the challenge and began negotiating a treaty.

6

25 March 1957

Belgium, France, West Germany, Italy, Luxembourg and Netherlands founding members

6

1 January 1973

Denmark, Ireland, United Kingdom 9

1 January 1981

Greece 10

1 January 1985

Greenland withdrew after gaining home rule from Denmark 10

1 January 1986

Portugal , Spain 12

3 October 1990

The Territory of the former German Democratic Republic as part of unified Germany also becomes part of the European Community.

12

1 January 1995

Austria , Finland , Sweden 15

1 May 2004

Cyprus , Czech , Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia

25

1 January 2007

Bulgaria , Romania 27

� July 1, 1968 remains a landmark in the European Economic Community's (EEC) on that day, the six EEC founding members – Belgium, France, Germany, Italy, Luxembourg and the Netherlands- completed their customs union 18 months ahead of schedule.

� This date marks the halfway point in the Community's evolution to economic and monetary union.

� As a customs union, the Community not only has eliminated internal trade barriers but also has established a common external tariff and common trade policies vis-à-vis the world.

� The final goal is complete economic and monetary union, the nine Community member countries- the original "SIX" plus the United Kingdom, Denmark, and Ireland – will have a common commercial policy in the broadest sense.

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i.The European coal and Steel Community (ECSC) Treaty establishing the European Coal and Steel Community The Treaty Establishing the European Coal and Steel Community (ECSC) which was signed on 18 April 1951 in Paris, entered into force on 23 July 1952 and expired on 23 July 2002. Moreover, the founding treaties have been amended on several occasions, in particular when new Member States acceded in 1973 (Denmark, Ireland, United Kingdom), 1981 (Greece), 1986 (Spain, Portugal), 1995 (Austria, Finland, Sweden) and 2004 (the Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia). Based on the Treaties, EU institutions can adopt legislation, which is then implemented by the Member States.

� The need for a common commercial policy was recognized in the 1951 ParisTreaty which created the first of the three European Communities in 1952- the European coal and Steel Community (ECSC).

� Chapter X of the Treaty (Articles. 71-75) devoted exclusively to commercial policy empowered the ECSC, s executive high authority to set both minimum and maximum customs. The member states national governments administered import and export licenses for coal and steel but the High Authority supervised this administration.

� In addition the member states bound themselves to inform the High Authority of any proposed trade or commercial agreements involving Coal Steel raw materials and semi finished products for coal and steel production.

Treaty of Rome

The Treaty of Rome, establishing the European Economic Community (EEC), signed in Rome on 25 March 1957, and entered into force on 1 January 1958.

The Treaty establishing the European Atomic Energy Community (Euratom) was signed at the same time and the two are therefore jointly known as the Treaties of Rome.

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)EURATOMThe European Atomic Energy Community( ii.

� The 1957 Rome Treaty which created the European Atomic Energy

Community (EURATOM) in 1958 like the ECSC Treaty provided for both a customs union and a common commercial policy vis-à-vis third countries.

� Just as the ECSC Treaty dealt only with coal and steel the Euratom Treaty involved only nuclear supplies and products Chapter X (Articles 101-106) of the Euratom treaty put all agreements with countries in the field of nuclear energy under the authority of the Community rather than the individual member states.

iii.The European Economic Community (EEC)

� The main provisions of the community's common commercial policy are embodied in a second Rome Treaty which created the European Economic Community (EEC) in 1958.

� This Treaty applies to every product not covered by other two limited Treaties.

� The rest of the booklet deals exclusively with EEC commercial Policy. � Cases where the common commercial policy does not yet fully apply to the

new members have been noted.

� The EEC Treaty's preamble speaks of the member states as being "desirous of contributing by means of a common commercial policy to the progressive abolition of restriction on international trade.

� "Article 3 of the Treaty calls for "the establishment of a common customs tariff and of a common commercial policy towards third countries."

� Article 29 says the Commission " shall be guided by the need for promoting commercial exchanges between the member states and third countries"

� Chapter 3 of Title II of the Treaty (Articles 110-116) gives the first details of the Common Commercial policy.

� Article 110 pledges the signatory countries to a liberal, rather than inward-looking, commercial policy. It states their intention "to contribute, in conformity with the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international exchanges, and the lowering of customs barriers."

� This liberally conceived commercial policy looks forward.

Merger Treaty

The Merger Treaty signed in Brussels on 8 April 1965 and in force since 1 July 1967, which provided for a Single Commission and a Single Council of the then three European Communities. Single European Act (SEA) The Single European Act (SEA), signed in Luxembourg and the Hague, and entered into force on 1 July 1987, provided for the adaptations required for the achievement of the Internal Market.

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Treaty on European Union This Treaty, the High Contracting Parties establish among themselves a European Union, hereinafter called ‘the Union’. This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken citizen. The Union shall be founded on the European Communities, supplemented by the policies and forms of cooperation established by this Treaty. Its task shall be to organize, in a manner demonstrating consistency and solidthe Member States and between their peoples.

The main treaties established EU

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Treaty on European Union

This Treaty, the High Contracting Parties establish among themselves a European Union, hereinafter called ‘the Union’. This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the

The Union shall be founded on the European Communities, supplemented by the policies and forms of cooperation established by this Treaty. Its task shall be to organize, in a manner demonstrating consistency and solidarity, relations between the Member States and between their peoples.

The main treaties established EU

Treaty on European Union

(The Maastricht Treaty)

was signed in Maastricht on 7 February 1992, entered into force on 1 November

1993

The Treaty of Amsterdam

signed on 2 October 1997, entered into force on 1 May 1999

The Treaty of Nice

signed on 26 February 2001, entered into force on 1 February 2003

The Treaty of Lisbon

was signed on 13 December 2007entered into force on 1 December

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This Treaty, the High Contracting Parties establish among themselves a European

This Treaty marks a new stage in the process of creating an ever closer union among as closely as possible to the

The Union shall be founded on the European Communities, supplemented by the policies and forms of cooperation established by this Treaty. Its task shall be to

arity, relations between

Treaty on European Union

February November

The Treaty of Amsterdam

, entered into

, entered 2003.

2007 and December 2009

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The main treaties are the following:

Treaty on European Union (The Maastricht Treaty)

The Treaty on European, which was signed in Maastricht on 7 February 1992, entered into force on 1 November 1993. 'The Maastricht Treaty changed the name of the European Economic Community to simply "the European Community". It also introduced new forms of co-operation between the Member State governments - for example on defence, and in the area of "justice and home affairs". By adding this inter-governmental co-operation to the existing "Community" system, the Maastricht Treaty created a new structure with three "pillars" which is political as well economic. This is the European Union (EU).

Treaty of Amsterdam The Treaty of Amsterdam signed on 2 October 1997, entered into force on 1 May 1999. It amended and renumbered the EU and EC Treaties. Consolidated versions of the EU and EC Treaties are attached to it. The Treaty of Amsterdam changed the articles of the Treaty on European Union, identified by letters A to S, into Numerical form. Treaty of Nice

The Treaty of Nice, signed on 26 February 2001, entered into force on 1 February 2003. It dealt mostly with reforming the institutions so that the Union could function efficiently after its enlargement to 25 Member States. The Treaty of Nice, the former Treaty of the EU and the

Treaty of the EC have been merged into one consolidated version.

Treaty of Lisbon

The Treaty of Lisbon was signed on 13 December 2007 and entered into force on 1 December 2009.

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On 1 December 2009, the Treaty of Lisbon entered into force, thus ending several years of negotiation about institutional issues. The Treaty of Lisbon amends the current EU and EC treaties, without replacing them. It provides the Union with the legal framework and tools necessary to meet future challenges and to respond to citizens' demands. It provides the EU with modern institutions and optimized working methods to tackle both efficiently and effectively today's challenges in today's world. In a rapidly changing world, Europeans look to the EU to address issues such as globalization, climatic and demographic changes, security and energy. The Treaty of Lisbon reinforces democracy in the EU and its capacity to promote the interests of its citizens on a day-to-day basis

The European Parliament and the Treaty of Lisbon

The Treaty gives the European Parliament more power to shape Europe than ever before by increasing its legislative power. The Parliament is now on an equal footing with the Council in the co-decision procedure, which has been extended to areas such as immigration, the EU budget and energy. The aim is to make the EU more accountable to its citizens It will have to be ratified by all 27 Member States before it can enter into force, which is hoped to be before the next European Parliament elections in June 2009. Its main objectives are:

• To make the EU more democratic, • Meeting the European citizens’ • Expectations for high standards of accountability, • Openness, • Transparency and participation; and • To make the EU more efficient and able • To tackle today's global challenges such as climate change, • Security and sustainable development.

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Part III. The Single European Market

The Single European Act signed in 1986

(SEA)

The Treaties of Roma

two international agreements signed

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The Single European Market

The Legal Source

of European Single Market

European Atomic Energy Commission

(Euratom)

The European Economic Community

The Treaties of Roma 1957

two international agreements signed 25 March

1957

The Treaties of Roma 1957

two international agreements signed 25 March 1957

The European Economic Community(EEC)

(came into effect 1 January 1958)

The Single European Act (SEA)

signed in 1986

(and in force from July 1987)

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The European Economic Community

)(EEC

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• The Single market within the European Union established under the Single European Act (SEA).

• Act signed in 1986European Market , defined as an area without frontiers in which free movement of goods, services, people, and capital is ensured.

• The act was the first major revision of the Treaties of Roma and two international agreements signed Germany, Italy, Luxembourg, and the Netherlands, which established the European Economic Community and the European Atomic Energy Commission (EURATOM).

• The terms of the economic treaty, which provided for Economic Customs Barriers, and between the member countries, together with Trading Policies. Subsequent new members of the Europeanobliged to accept these terms.

Trading PoliciesCommon

Agricultural

Note: Subsequent new members of the European

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The Single market within the European Union established under the Single (SEA). 1986 (and in force from July 1987) to establish a Single

, defined as an area without frontiers in which free movement of goods, services, people, and capital is ensured. The act was the first major revision of the Treaties of Roma and two international agreements signed 25 March 1957 by Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands, which established the European Economic Community and the European Atomic Energy Commission

The terms of the economic treaty, which (came into effect 1 January onomic Cooperation, Reduction (and eventual removal) of

arriers, and The Free Movement of Capital, Goods, and between the member countries, together with Common Agricultural and

olicies. Subsequent new members of the European Unionobliged to accept these terms.

EEC

Common Agricultural

The Free Movement between the member

for Countries:

Capital

Goods

Labour

Reduction (and eventual removal)

of Customs Barriers

The Terms of the EEC Treaty Provided for:

Subsequent new members of the European Union have been obliged to accept these terms.

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The Single market within the European Union established under the Single

to establish a Single , defined as an area without frontiers in which free

The act was the first major revision of the Treaties of Roma and two France, West

Germany, Italy, Luxembourg, and the Netherlands, which established the European Economic Community and the European Atomic Energy Commission

January 1958), eduction (and eventual removal) of

oods, and Labour gricultural and

Union have been

Reduction (and eventual removal)

of Customs Barriers

Economic Cooperation

have been obliged to accept these terms.

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The Terms of the EEC Treaty Provided for:

� It provided for greater involvement of the European decision-making process, and the introduction of qualified majority voting in the Council of Ministers (now the Council of the European Union) for some policy areas.

� In addition, it included provisions concerning collaboration in research and development and in environmental policy.

� It was the core of the process of European economic integration, involving the removal of obstacles to the free movement of goods, services, people, and capital between member states of the EU.

� It covers, among other beneliberalization of capital movements, the opening of public procurement markets, and the mutual recognition of professional qualifications.

� It came into effect on

EU Market Access Requirements are divided into two categories: 1) Legislative requirements and 2) Non-legislative requirements

Legislative Market Access Requirements Form an important part of the Market Access Requirements exporters face when exporting their products to the EU. The legislation is further divided into: 1) EU legislative requirements and 2) Implementation of national legislation in EU Member States and Norway. At present the 27 countries that made up the EU up to 2009 plus Norway have been included.

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EU Market Access Requirements are divided into two

Non-legislative Requirements

The Terms of the EEC Treaty Provided for:

It provided for greater involvement of the European Parliament inmaking process, and the introduction of qualified majority voting in

the Council of Ministers (now the Council of the European Union) for some

In addition, it included provisions concerning collaboration in research and ment and in environmental policy.

t was the core of the process of European economic integration, involving the removal of obstacles to the free movement of goods, services, people, and capital between member states of the EU. It covers, among other benefits, the elimination of customs barriers, the liberalization of capital movements, the opening of public procurement markets, and the mutual recognition of professional qualifications. It came into effect on 1 January 1993.

Requirements are divided into two categories:

Legislative requirements and

legislative requirements

Legislative Market Access Requirements

Form an important part of the Market Access Requirements exporters face when exporting

The legislation is further divided into:

EU legislative requirements and Implementation of national legislation in

s and Norway. countries that made plus Norway have

Non-legislative Requirements

Consumer Health

Product Safety

Environmental

Social and Quality Concerns.

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EU Market Access Requirements are divided into two

categories:

Legislative Requirements

Parliament in the making process, and the introduction of qualified majority voting in

the Council of Ministers (now the Council of the European Union) for some

In addition, it included provisions concerning collaboration in research and

t was the core of the process of European economic integration, involving the removal of obstacles to the free movement of goods, services, people,

fits, the elimination of customs barriers, the liberalization of capital movements, the opening of public procurement markets, and the mutual recognition of professional qualifications.

Requirements are divided into two categories:

Legislative Requirements

EU legislative

Implementation of national legislation in EU Member

States and Norway

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Part IV. The Players in the Community System

The European Union institutions

The European institutions are the political bodies created by the Treaty of Rome to build a united Europe.Article 7 of the Treaty establishing the European Community lists five European institutions in the strict sense of the term:

• The European Parliament• The Council of the European Union • The European Commission; • The Court of Justice; • The Court of Auditors.

Article 3 of the Treaty on European Union provides that the institutions shall operate within a single institutional framework. This means that they act withThey interact with other players such as the European Economic and Social Committee, the Committee of the Regions, the European Central Bank, the European Investment Bank, the European Ombudsman and the Commuagencies, thus forming the European institutional system.

The European Parliament The European Parliament is the only directlyEuropean Union. The 736 Members of the European Parliament are there to represent you, the citizen. They are elected once every five years by voters right across the 27 Member States of the European Union on behalf of its citizens.

The European Central Bank

The Committee of the Regions

The European Economic and

Social Committee

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The Players in the Community System

The European Union institutions

institutions are the political bodies created by the Treaty of Rome to build a united Europe.

of the Treaty establishing the European Community lists five European institutions in the strict

The European Parliament of the European Union

The European Commission; The Court of Justice; The Court of Auditors.

of the Treaty on European Union provides that the institutions shall operate within a single institutional framework. This means that they act within the decisional process of the three pillars.They interact with other players such as the European Economic and Social Committee, the Committee of the Regions, the European Central Bank, the European Investment Bank, the European Ombudsman and the Community agencies, thus forming the European institutional system.

The European Parliament

The European Parliament is the only directly-elected body of the Members of the European Parliament are there to

the citizen. They are elected once every five years by voters right Member States of the European Union on behalf of its 500

The Players in the Community

System

The European Economic and

Social Committee

The Court of Auditors

The Court of Justice

The European Commission

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of the Treaty on European Union provides that the institutions shall operate

in the decisional process of the three pillars. They interact with other players such as the European Economic and Social Committee, the Committee of the Regions, the European Central Bank, the European

Members of the European Parliament are there to the citizen. They are elected once every five years by voters right

500 million

The European Commission

The Council of the European

Union

The European Parliament

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Parliament plays an active role in drafting legislation which has an impact on the daily lives of its citizens:

For example on:

• Environmental protection, • Consumer rights, • Equal opportunities, • Transport, and the free movement of

workers, • Capital, services and goods. • Parliament also has joint power with the

Council over the annual budget of the

The Council of the European Union

� The Council is the EU's main decision� Like the European Parliament, the Council was set up by the

founding treaties in the � It represents the member states, and its meetings are

minister from each of the EU’s national governments.� Which ministers attend which meeting depends on what

subjects are on the agenda.

If, for example � The Council is to discuss environmental issues, the

meeting will be attended by the from each EU country and it will be known as the ‘Environment Council’.

� The EU’s relations with the rest of the world are dealt with by the ‘General Affairs and External Relations Council’. But this Council configuration also has widermeetings are attended by whichever Minister or State Secretary each government chooses.

The European Commission

The Commission is both the institution and the There is currently one commissioner from each EU country.

The Commission's role in the EU lawmaking process

� The Commission's job is to represent the common European interest to all the EU countries.

� To allow it to play its role as 'guardian of the treaties' and defender of the general interest, the Commission also has the right of initiative in the lawmaking process.

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Parliament plays an active role in drafting legislation which has an impact on the daily lives of

Environmental protection,

Equal opportunities, Transport, and the free movement of

Capital, services and goods. Parliament also has joint power with the Council over the annual budget of the European Union.

The Council of the European Union

The Council is the EU's main decision-making body. Like the European Parliament, the Council was set up by the founding treaties in the 1950s. It represents the member states, and its meetings are attended by one minister from each of the EU’s national governments. Which ministers attend which meeting depends on what subjects are on the agenda.

The Council is to discuss environmental issues, the meeting will be attended by the Environment Minister from each EU country and it will be known as the ‘Environment Council’. The EU’s relations with the rest of the world are dealt with by the ‘General Affairs and External Relations Council’. But this Council configuration also has wider responsibility for general policy issues, so its meetings are attended by whichever Minister or State Secretary each government chooses.

The European Commission

The Commission is both the institution and the College of Commissioners.There is currently one commissioner from each EU country.

The Commission's role in the EU lawmaking process

The Commission's job is to represent the common European interest to all the EU countries. To allow it to play its role as 'guardian of the treaties' and defender of the general interest, the Commission also has the right of initiative in the lawmaking process.

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attended by one

with by the ‘General Affairs and External Relations Council’. But this Council responsibility for general policy issues, so its

meetings are attended by whichever Minister or State Secretary each

College of Commissioners.

The Commission's job is to represent the common European interest

To allow it to play its role as 'guardian of the treaties' and defender of the general interest, the Commission also has the right of initiative in the

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� This means that it proposes legislative acts for the European Parliament and the Council of Ministers to adopt.

� The Commission is also responsible for putting the EU's common policies (like the common agricultural policy and the growth and jobs strategy) into practice and manages the EU's budget and programmes.

The Court of Justice The Court of Justice of the European Communities (often referred to simply as ‘the Court’) was set up under the ECSC Treaty in 1952. It is based in Luxembourg. Since the establishment of the Court of Justice of the European Union in 1952, its mission has been to ensure that "the law is observed" "in the interpretation and application" of the Treaties. As part of that mission, the Court of Justice of the European Union:

• Reviews the legality of the acts of the institutions of the European Union, • Ensures that the Member States comply with obligations under the Treaties, • Interprets European Union law at the request of the national courts and

tribunals.

The Court of Justice of the European Union, which has its seat in Luxembourg, consists of three courts: the Court of Justice, the General Court (created in 1988) and the Civil Service Tribunal (created in 2004). Since their establishment, approximately 15 000 judgments have been delivered by the three courts. The Court gives rulings on cases brought before it. The five most common types of case are:

• References for a preliminary ruling; • Actions for failure to fulfill an obligation; • Actions for annulment; • Actions for failure to act; • Actions for damages.

The Court of Auditors

� Since the Treaty of Maastricht the European Court of Auditors has been recognized as one of the five institutions of the European Communities.

� The European Court of Auditors is the EU Institution established by the Treaty to carry out the audit of EU finances.

� The Court renders audit services through which it assesses the collection and spending of EU funds.

� It examines whether financial operations have been properly recorded and

disclosed, legally and regularly executed and managed so as to ensure economy, efficiency and effectiveness. The Court communicates the results of

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its audits in clear, relevant and objective reports. It also provides its opinion on financial management issues.

� The European Court of Auditors was promoted to the rank of an institution on

1 November 1993 with the entry into force of the Maastricht Treaty, thus enhancing its independence and authority as one among equals.

� Since then the Court has been required to publish a statement of assurance (DAS) as to the reliability of the EU accounts and the legality and reliability of the transactions underlying the EU budget.

� The Treaty of Nice of 1 February 2003 confirmed the principle that there should be one Member from each Member State, allowed the Court the option of being organized in chambers and highlighted the importance of the Court's cooperation with the national audit bodies.

The European Central Bank (ECB) The ECB is the central bank for Europe's single currency, the euro. The ECB’s main task is to maintain the euro's purchasing power and thus price stability in the euro area. The euro area comprises the 16 European Union countries that have introduced the euro since 1999.

ECB, ESCB and the Eurosystem Since 1 January 1999 the European Central Bank (ECB) has been responsible for conducting monetary policy for the euro area - the world’s largest economy after the United States. The euro area came into being when responsibility for monetary policy was transferred from the national central banks of 11 EU Member States to the ECB in January 1999. Greece joined in 2001, Slovenia in 2007, Cyprus and Malta in 2008, Slovakia in 2009. The creation of the euro area and of a new supranational institution, the ECB, was a milestone in the long and complex process of European integration The European System of Central Banks The European System of Central Banks (ESCB) comprises:

• The European Central Bank (ECB) and • The national central banks (NCBs) of all 27 EU Member States.

This means that the ESCB includes the national central banks of those EU Member States that have not yet adopted the euro, be it due to their special status (Denmark, United Kingdom) or because they have a derogation.

Euro area The euro area consists of the EU countries that have adopted the euro.

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16 Member States of the European Union use the euro as their currency

• Belgium • Germany • Ireland • Greece • Spain • France • Italy • Cyprus • Luxembourg • Malta • The Netherlands • Austria • Portugal • Slovenia • Slovakia • Finland

Non-participants Bulgaria, Czech Republic, Denmark, Estonia, Latvia, Lithuania, Hungary, Poland, Romania, Sweden and the United Kingdom are EU Member States but do not currently use the single European currency.

The European Economic and Social Committee (EESC) The European Economic and Social Committee is a consultative body set up by the Rome Treaties in 1957 and represents the various economic and social components of organized civil society at European level. It is made up of 344 members, split into three groups:

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• The “Employers” group, the “Employees” group and the “Various Interests”

group. • The EESC has six specialist sections whose work is to draw up Committee

opinions, advising the three major institutions – the Council of the European Union, the European Commission and the European Parliament.

• The TEN section is responsible for drawing up Committee opinions in the fields of transport, energy, the information society, infrastructure and services of general interest.

The Committee opinions play an essential role in policy- and decision-making at European Union level:

• They reflect wide-ranging expertise and the bringing together of the sometimes divergent interests of organized civil society.

Each year, the TEN section draws up approximately 30 opinions, a quarter of which are own- initiative opinions or exploratory opinions.

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Part V. EU Economy

The European Union is the world's largest single market and by far the most important trading partner for developing countries.

The wide range of preferential and bilateral trade agreements that the EU is offering partners in the developing world, allows them to benefit from as open access as possible to the EU market.

This is a degree of openness unmatched by any other major economy and demonstrates the EU's commitment to putting trade at the service of development not only in theory, but in practice.

• Internally, the EU is attempting to lower trade barriers, adopt a common

currency, and move toward convergence of living standards. • Internationally, the EU aims to bolster Europe's trade position and its political

and economic power. • Because of the great differences in per capita income among member states

(from $7,000 to $69,000) and historic national animosities, the EU faces difficulties in devising and enforcing common policies.

For example

• Since 2003 Germany and France have flouted the member states' treaty obligation to prevent their national budgets from running more than a 3% deficit.

• In 2004 and 2007, the EU admitted 10 and two countries, respectively, that are, in general, less advanced technologically and economically than the other 15.

• Eleven established EU member states introduced the euro as their common currency on 1 January 1999 (Greece did so two years later), but the UK, Sweden, and Denmark chose not to participate.

• Of the 12 most recent member states, only Slovenia (1 January 2007) and Cyprus and Malta (1 January 2008) have adopted the euro; the remaining nine are legally required to adopt the currency upon meeting EU's fiscal and monetary convergence criteria.

GDP - (Purchasing Power Parity) $14.82 trillion (2008 est.) $14.66 trillion (2007) $14.34 trillion (2006) Note: data are in 2008 US dollars GDP - (official exchange rate) $18.85 trillion (2008 est.)

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GDP – Real Growth Rate) 1% (2008 est.) 3% (2007 est.) 3.3% (2006 est.) GDP - (Per Capital)

$33,400 (2008 est.) $33,400 (2007 est.) $32,600 (2006 est.) Note: data are in 2008 US dollars GDP – Composition by Sector

Agriculture: 2% Industry: 26.8% Services: 71.1% (2008 est.) Labor Force

224.8 million (2008 est.) Labor Force – by Occupation Agriculture: 5.6% Industry: 27.7% Services: 66.7% Note: the remainder is in miscellaneous public and private sector industries and services (2007 est.) Unemployment Rate 7.5% (2008 est.) Household Income or Consumption by Percentage Share Lowest 10%: 2.8% Highest 10%: 25.2% (2001 est.) Investment (Gross Fixed) 21% of GDP (2008 est.) Inflation Rate (Consumer Prices)

3% (2008 est.)

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Central Bank Discount Rate 4% Note: this is the European Central Bank's rate on the marginal lending facility, which offers overnight credit to banks from the euro system (31 December Commercial Bank Prime Lending Rate 8.03% (31 December 2007 Stock of Money

$5.679 trillion Note: this is the quantity of moneythe euro area, converted into US dollars at the exchange rate for the date indicated; it excludes the stock of money carried by noneuro zone members of the European Union (31 December 2008) Stock of Quasi Money

$11.38 trillion Note: this is the quantity of quasi money, M2, for the euro area, converted into US dollars at the exchange rate for the date indicated; it excludes the stock of quasi money carried by non-euro zone members of the European Union (31 Stock of Domestic Credit $20.94 trillion Note: this figure refers to the euro area only; it excludes credit data for members of the EU outside the euro zone 2007) Market Value of Publicly Traded Shares

$14.37 trillion (2008 est.) Agriculture – Products Wheat, Barley, Oilseeds,

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Central Bank Discount Rate

Note: this is the European Central Bank's on the marginal lending facility, which

offers overnight credit to banks from the December 2008) .

Commercial Bank Prime Lending Rate

2007)

this is the quantity of money, M1, for the euro area, converted into US dollars at the exchange rate for the date indicated; it excludes the stock of money carried by non-euro zone members of the European Union

Note: this is the quantity of quasi money, converted into US

dollars at the exchange rate for the date indicated; it excludes the stock of quasi

euro zone members 31 December 2008)

of Domestic Credit

Note: this figure refers to the euro area only; it excludes credit data for members of the EU outside the euro zone (31 December

Market Value of Publicly Traded Shares

.)

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Sugar Beets, Wine, Grapes; Dairy Products, Cattle, Sheep, Pigs, Poultry; Fish. Industries Among the worlds largest and most technologically advanced, the European Union industrial base includes:

• Ferrous and non-ferrous metal production and processing, • Metal products, • Petroleum, • Coal, • Cement, • Chemicals, • Pharmaceuticals, • Aerospace, • Rail transportation equipment, • Passenger and commercial vehicles, • Construction equipment, • Industrial equipment, • Shipbuilding, • Electrical power equipment, • Machine tools and automated manufacturing systems, • Electronics and telecommunications equipment, • Fishing, • Food and beverage processing, • Furniture, • Paper, • Textiles, • Tourism

Industrial Production Growth Rate

-0.4% (2008 est.) Electricity – Production 3.103 trillion KWh (2007 est.) Electricity – Consumption 2.926 trillion kWh (2007 est.) Oil – Production

2.676 million bbl/day (2007 est.)

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Oil - Consumption 14.38 million bbl/day (2007 est.) Oil – Exports 2.196 million bbl/day (2007 est.) Oil – Imports 8.613 million bbl/day (2007 est.) Oil – Proved Reserves 6.146 billion bbl (1 January 2008) Natural Gas – Production 197.8 billion cu m (2007 est.) Natural Gas – Consumption 497.3 billion cu m (2007 est.) Natural Gas – Proved Reserves

2.476 trillion cu m (1 January 2008 est.) Current Account Balance $51.4 billion (2008 est.) Exports $1.952 trillion; note - external exports, excluding intra-EU trade (2007) Exports – Commodities

• Machinery, • Motor vehicles, • Aircraft, • Plastics, • Pharmaceuticals and other chemicals, • Fuels, • Iron and steel, • Nonferrous metals, • Wood pulp and paper products, • Textiles, • Meat, • Dairy products,

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• Fish, • Alcoholic beverages.

Imports

$1.69 trillion f.o.b.; note - Imports – Commodities

• Machinery, • Vehicles, • Aircraft, • Plastics, • Crude oil, • Chemicals, • Textiles, • Metals, • Foodstuffs, • Clothing

Exchange Rates

• Euros per US dollar • 0.7345 (2007), • 0.7964 (2006), • 0.8041 (2005), • 0.8054 (2004)

EU Countries Real GDP Growth Rate

European Union

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Alcoholic beverages.

- external imports, excluding intra-EU trade (2007

Commodities

Euros per US dollar - 0.6827 (2008 est.),

EU Countries Real GDP Growth Rate 2009

European Union (27 countries)

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2007)

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The EU budget 2010

The 2010 budget has been adopted during the European Parliament plenary on 17th December 2009 and amounts to €141,5bn.

Economic recovery is at the heart of next year’s spending and the proposal channels the biggest share of funds (45%) into growth and employment measures – a 3.3 % rise on 2009 – to help restore

competitiveness across the Union. Funds for major programmes linked to research and energy will increase by more than 19.1% and cash for cohesion policy will grow too, with the EU-12 set to receive 52% of cohesion and Structural Funds. All headings in the budget will see an increase, reaching a total of €141.4 bn in commitments (1.20% of GNI) and €122.9bn in payments (1.04% of GNI).

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The EU budget is paid for by the 27 member

countries

Total payments in 2007 - €117.5bn In 2007, five countries:

• Germany, • France, • Italy, • The UK, and • Spain

Contributed nearly half of the budget. In fact, Germany alone - Europe's largest economy - paid more than the 19 lowest-paying member states combined. Each country's payment is divided into three parts:

• A fixed percentage of gross national income (GNI), • Customs duties collected on behalf of the EU (known as "traditional own

resources") • A percentage of VAT income.

The GNI-based contribution is the largest part of each country's payment and is set each year by the EU to balance the budget. There is one other important part of the revenue calculations: The UK rebate, which returns to the UK two-thirds of its payments. This rebate is paid for by the other 26 countries as a fixed amount of their gross national income. Economic of the European Union, 2008

• The year 2008 posed challenges for the European Union and its development partners across the world.

• Soaring food and energy prices and the global financial crisis tested the EU’s ability to meet ongoing aid commitments and deal with new needs.

• The European Commission responded swiftly to off set the impact of high food prices on poor countries.

• The European Union demonstrated its reliability by setting up a €1 billion Food Facility for 2008-2010 from the EU budget by the end of December.

• In the meantime, the Commission increased its budget for humanitarian food aid from the emergency aid reserve with €140 million and redirected money earmarked for food security to the most vulnerable populations.

• Furthermore, it called up €200 million from the unallocated reserve in the 10th European Development Fund (EDF).

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• The Commission also undertook to increase levels of macro-financial

assistance to countries in need on a case-by-case basis. • Despite the economic crisis, the EU and its Member States reaffirmed their

commitments to increase development assistance in coming years. • • Responding in a flexible and effective way to the situation as it unfolds will

remain a key objective for 2009.

A truly global dimension The global nature of the EU’s external policies was clearly evident in 2008 as the EU deepened its relations with partners across the world and sought their cooperation on global issues like climate and energy, trade liberalization and the attainment of the Millennium Development Goals (MDGs) of 2000 by the target date of 2015. In May, the EU put its relations with Latin America on a new footing at a summit meeting in Lima. Leaders from the two sides adopted an agenda for joint action to focus on two themes:

• Social cohesion and • Sustainable development.

The EU held it's first-ever summit with South Africa in July. Georgia became an unscheduled centre of attention in August as a result of the conflict with Russia. The Commission quickly put together a three-year package of up to €500 million. It mobilized a first payment of € 60 million for internally-displaced persons in Georgia before the end of the year. The EU devoted a lot of attention in 2008 to its neighbors in Eastern Europe and in the Mediterranean basin. It launched the Union for the Mediterranean with its southern partners in July, while in December the Commission proposed a new Eastern Partnership for its eastern neighbors. Negotiations on a new partnership agreement with Russia, frozen by the EU because of the conflict with Georgia, were unblocked at an EU-Russia summit in November. During the year, the EU provided a total of €498 million in assistance to the Palestinians mainly to cover the running costs of the Palestinian Authority and to support the Palestinian Reform and Development Plan.

Figures on poverty reduction confirm the trend of previous years, with 35 % of Official Development Assistance (ODA) going to least developed countries.

The reduction of ODA to Other Low-Income Countries (OLIC) is mainly the result of a revision in the list of

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ODA recipients carried out by the OECD’s Development Assistance Committee (DAC). In the new DAC list, which took effect in 2008, a number of OLICs have been reclassified as Lower Middle-Income Countries: Cameroon, Cape Verde, India, Republic of Moldova, Mongolia, Nicaragua, and Republic of Congo. Monitoring the Paris Declaration: results of the 2008 survey The first challenge for developing countries is to improve the quality of their poverty-reduction strategies (better prioritization, stronger links with national budgets and more results-oriented). The second is to improve and reform their national systems for public financial management and procurement. Donors should use country systems more and increase the predictability of aid. They should also refrain from setting up parallel project implementation units, which undermine local capacity development, make more use of programme-based approaches and better coordinate in-country missions and analytical studies. In the light of these recommendations, The Commission should be able to meet the following commitments:

• Coordinate technical cooperation (including missions and analytical studies), • Cut the number of parallel project implementation units, and • Raise aid predictability.

Major challenges for the Commission concern the use of country systems. Economic Survey of the European Union, 2009

• The European Union is facing severe challenges from the financial crisis and the Worst global recession in the past fifty years.

• The Community has responded to the crisis proactively, consistent with the broad framework for policy actions provided by the European Economic Recovery Plan.

• Actions have been taken to stabilize financial markets and support the economy.

• An ambitious agenda for financial services reform is underway to improve macro- and micro-prudential regulation and supervision, and the ECB has cut its policy rate significantly.

• It is essential that policy actions to support economic activity during the crisis do not imperil the prospects for recovery or endanger the single market and, where necessary, some measures must be withdrawn once the economy recovers.

• Fiscal measures should ideally offer dual benefits: mitigating the impact of

the recession on output and jobs as well as providing longer term benefits.

• Structural reforms must be accelerated in the years ahead to help prevent future financial crises, enhance resilience to adverse economic shocks and improve both longer term growth prospects and the long-term sustainability of the public finances.

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Sources: OECD

1. GDP per hour worked. 2. Total hours worked per capita. 3. EU15 refers to member states that joined the Union before 2004. EU12 refers to the new member states who have joined the Union since 2004. Source: Mourre, G. (2009), “What Explains the Differences in Income and Labour Utilization and Drives Labour and Economic Growth in Europe – A GDP Accounting Perspective”, European Economy, Economic Papers 354, January.

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Shares of Global Output

The EU Economy in the With a combined GDP of €12.5trillion) in 2008, the EU was the world’s largest economy, representing approximately global GDP. In 2008, the EU was the world’s largest twotrader of merchandise goods (excluding intratrade), being both the world’s largest exporter and largest importer, accounting for roughly (below) and Table 1 (overleafagainst other major economic partners.

Leading exporters and importers in world merchandise trade In regard to services, the EU was responsible for 28% of global services exports and 24% of services imports in 2007 (latest data availableEU trade). This also makes the EU the world’s largest market in services, accounting for 26% of global services trade

In confronting the financial crisis, the EU remains a competitive economy which is attributable in large part to itscapacity to implement structural reform. The ‘Global Competitiveness Report 2009produced by the World Economic Forum found that five of the world’s ten most competitive countries were EU Member Statesthe top 50. A separate report, prepared by The Economist Intelligence Unit, forecast that six EU Members States would be in the top environment over the next five years the countries surveyed.

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Global Output

conomy in the World

€12.5 trillion ($A21.1 the EU was the world’s largest

representing approximately 30% of

the EU was the world’s largest two-way merchandise goods (excluding intra-EU

trade), being both the world’s largest exporter and accounting for roughly 17% of global merchandise trade

overleaf) rank the EU and Australia in world merchandise tradagainst other major economic partners.

Leading exporters and importers in world merchandise trade, 2008

In regard to services, the EU was of global services

of services imports in latest data available, excluding intra-

EU trade). This also makes the EU the world’s largest market in services,

of global services trade.

In confronting the financial

competitive economy which is attributable in large part to its capacity to implement structural

2009-10’ produced by the World Economic Forum found that five of the world’s ten most competitive countries were EU Member States, with 19 out of the 27 Member States featuring in

A separate report, prepared by The Economist Intelligence Unit, forecast that six EU Members States would be in the top 15 countries worldwide with the best business environment over the next five years (2009-2013), with Australia ranked

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of global merchandise trade. Figure 5 rank the EU and Australia in world merchandise trade

Member States featuring in

A separate report, prepared by The Economist Intelligence Unit, forecast that six EU countries worldwide with the best business

ranked 7th out of

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