Management Plan 2016 - European Commission · revamped IT tool training on communications and legal...

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Management Plan 2016 DG Justice and Consumers

Ref. Ares(2016)1295393 - 15/03/2016

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Contents PART 1. Overview of main outputs for the year ........................................................ 3 PART 2. Organisational management outputs for the year ................................. 17 Annexes to the Management Plan ............................................................................................... 24 Annex 1 Performance tables (if not included in the body of the document) ........ 24

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PART 1. Overview of main outputs for the year

This management plan covers the activities of DG Justice and Consumers (DG JUST) for 2016, a year of intense political delivery for us. It sets out the policy ambitions for the year and DG JUST's contribution to the achievement of the Commission priorities, in particular a connected digital single market, a deeper and fairer internal market with a strengthened industrial base, an area of justice and fundamental rights based on mutual trust and a Union of democratic change. It also describes DG JUST's operational activities and how we take account of resources at our disposal: people, budgets, IT infrastructure. Moreover, it sets out our work on communication and better regulation.

General Objective “A Connected Digital Single Market"

Specific objectives:

Highest level of protection of privacy and personal data

The finalisation of the legislative process on the General Data Protection Regulation and publication of the official texts in the EU OJ is expected by mid-2016. It will enter into application mid-2018. The entry into application, currently expected for mid-2018, is the core foundation of the Digital Single Market (DSM). The new EU data protection rules will enhance individuals’ trust in the DSM by modernising and strengthening EU data protection. It will make the fundamental right of data protection more effective. At the same time, it will put an end to the current patchwork implementation of EU data protection law, giving business and public administrations a simplified, directly applicable regulatory framework.

In order to avoid different standards of data protection apply inside and outside the EU institutions, the Commission should adopt in 2016 its draft proposal for amended data protection rules for EU institutions, bodies, offices and agencies (Regulation 45/2001), to bring it into line with the final outcome of the data protection reform (Agenda Planning reference 2014/JUST/032).

Increased share of businesses and consumers engaging in online trade cross-border, enhanced consumer and business confidence in buying and selling online, as well as in accessing and making use of digital content

In December 2015, the Commission adopted the proposals for two Directives, covering: (i) fully harmonised rules on conformity and remedies for digital content (music, video, games etc.) and (ii) fully harmonised rules on conformity and remedies for online and other distance sales of goods. These proposals are amongst the first deliverables of the Commission's Digital Single Market Strategy, and aim to do away with legal fragmentation in the area of key mandatory consumer contract law rules that have been identified as obstacles to cross-border trade. During 2016, the Commission will work closely with the European Parliament and the Council to advance the negotiations on these proposals.

In the context of the “European Cloud” initiative, aiming to develop a strong European industrial capability in cloud computing, the Commission will adopt in May 2016 a Communication on a European Cloud. DG JUST will cooperate with the lead DG (CNECT) on the

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contractual dimensions of cloud computing, notably in the context of contract law-related problems for SMEs in business-to-business cloud computing contracts.

In the context of the free flow of data initiative, aiming to ensure a free flow of data and encourage access to public data, a Commission Communication is foreseen for September 2016. DG JUST will cooperate with DGs CNECT and GROW to announce the course of action for the legal challenges of digitalisation, notably related to the contractual transfer of/access to data and to liability and machine-to-machine contracting in the context of the Internet of Things. The European Cloud and European Free Flow of Data Initiatives are linked to the 3rd strand of the Digital Single Market Strategy "Maximising the Growth Potential of the Digital Economy", as well as to the general objective of ensuring "A new boost for Jobs, Growth and Investment".

As part of the Digital Single Market and Single Market strategies, the Commission should adopt a proposal to recast the Consumer Protection Cooperation Regulation (CPC Regulation 2006/2004). The objective of this revision is to strengthen the current cooperation framework to make it more effective for online markets and to tackle malpractices spreading across the EU in a simultaneous manner, affecting many consumers at the same time. More equal enforcement of consumer legislation across the EU will boost confidence in cross border trade both for consumers and traders and will permit a level playing field for businesses operating across borders.

Together with the revised CPC Regulation, the Commission will publish a revised Guidance on the Unfair Commercial Practices Directive. The existing Guidance will be updated in particular in order to explain the application of the Directive in sectors such as online contracts / platforms, travel and transport, environmental claims, financial services and immovable property.

In addition, we will continue using the existing CPC Regulation to develop coordinated enforcement actions with the Member States so as to address current problems and illegal market behaviour infringing consumer legislation.

Work with national authorities will also continue on: the screening of websites ("sweeps") to check the correct implementation of consumer legislation, the monitoring of the implementation of the 2015 coordinated action on car rental or the frequent online issues such as unwanted subscriptions, or unfair contract terms.

Reopening negotiations for an enforcement cooperation agreement with the U.S.A. is also an area of priority so as to enable EU authorities to jointly deal with issues of common concerns (especially relating to trade of online operators and encourage global enforcement.

General Objective “A Deeper and Fairer Internal Market with a Strengthened Industrial Base"


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Empowered energy consumers and enhanced competition through improved and comparable information on billing and offers, and improved tools for comparison and switching, enabling them to select the most suitable supplier and tariff, and thus reduce consumption and costs. A coherent framework to protect and incentivise consumers to opt for smarter consumption modes and self-generation.

DG JUST will contribute - in collaboration with DG ENER - to the legal proposals under

Package 1 (Energy Security) focussing on energy poverty

Package 2 (Decarbonisation of transports), focus on urban transports and environmentally friendly vehicles

Package 3 (Energy Efficiency)

Package 4 (State of the Energy Union) focus on Market Design, RES and New Deal for Energy Consumers, via studies contributing to the Impact Assessments and legal proposals by integrating consumer economic interests.

Consolidated and improved consumer rights in the internal market

Relevant and timely consumer evidence to inform key policy actions will be developed, in particular under the Digital Single Market Strategy (evidence on geo-blocking practices that will inform the Commission initiative on tackling unjustified geo-blocking, and on consumer understanding and acceptance of online terms and conditions), for the revision of UCPD Guidance (evidence on consumer vulnerability, online marketing to children), the regulatory fitness check (REFIT) of the consumer acquis (complement REFIT studies with relevant evidence from recent and ongoing studies on guarantees, consumer vulnerability, online terms and conditions, online marketing to children), and to inform enforcement activities (data on consumer complaints, evidence on marketing through social media).

The Fitness Check will aim at identifying excessive regulatory burdens, overlaps, gaps, inconsistencies and/or obsolete measures which may have appeared over time, as well as the cumulative impact of the relevant instruments. It will explore ways to improve the application of the current EU legislation, and its results will determine whether there is a need for further legislative action at EU level taking into account, in particular, legal grey zone areas such as the collaborative economy or the need for more effective contractual remedies for victims of misleading marketing. The Fitness Check will include data gathering through studies and consultations with stakeholders throughout 2016, leading to the adoption of a Report in the first half of 2017.

Data from the Consumer Scoreboards and relevant studies will inform the Annual Growth Survey and Country Reports under the European Semester (e.g. on e-commerce, energy).

A new Directive (2015/230/EU) on package travel was adopted in 2015, improving in particular the protection of consumers purchasing combinations of travel services online. The Commission will accompany the transposition process through workshops with Member State experts throughout 2016.

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As regards cooperation with third countries in the area of package travel, the Commission will prepare a mandate for possible EU accession to the Convention on the protection of tourists and tourism service providers in the framework of the UNWTO (World Tourism Organisation), which will be largely inspired by the EU rules on package travel.

Consolidated and enhanced product safety through effective market surveillance in the Union

Ensuring that products are safe is a basic objective and a critical challenge. Our policy supports a coordinated and coherent approach to safety across the EU and a high degree of market surveillance: unsafe products have no place on the EU market.

Cooperation with other Commission services will continue, in particular DG GROW, to develop a comprehensive set of actions to further enhance efforts to keep non-compliant and unsafe products from the EU market, notably by strengthening market surveillance, as set out in the Single Market Strategy. In this context, DG JUST and DG GROW are jointly preparing guidance for market surveillance authorities to ensure effective enforcement of safety rules regarding products sold online.

In parallel, we will continue exploring how the agreed benefits sought through the proposed Consumer Product Safety Regulation can be achieved.

As a big share of dangerous consumer products originate in third countries, we will step up international cooperation, notably with China and the US. A milestone will be the Trilateral EU-US-China product safety summit in June 2016 targeted at the safety of products sold online.

Easier resolution of disputes and recovery of claims, including across borders, for consumers and individuals

In February 2016, an EU-wide platform will be launched to facilitate the online resolution of contractual disputes between EU consumers and traders over domestic and cross-border purchases made online, without the need to go to court. The ODR platform will link all the Alternative Dispute Resolution (ADR) entities notified by the Member States and meeting quality requirement set in line with the consumer ADR Directive. It will therefore strengthen trust in online purchases and thereby make an important contribution to the Digital Single Market strategy.

The European Consumer Centres will continue to assist consumers who want to take advantage of the Single market ascertaining their rights when travelling to other EU countries or making online cross border purchases. A new case handling quality process supported by a revamped IT tool training on communications and legal analysis will become available in 2016.

The revised Consumer Protection Cooperation (CPC) regulation, expected to be tabled by the Commission by mid-2016, will reduce the need for individual actions for redress.

Less differences between national insolvency regimes with the aim of increasing recovery rates and reducing time and costs of insolvency proceedings; and giving honest but bankrupt individuals a second chance in a reasonable time frame

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The Commission will present by the end of 2016 a legislative proposal on business insolvency. The objective of the Commission initiative is to offer to businesses an effective restructuring framework and give bankrupt, but honest entrepreneurs a second chance by discharging their debts in a reasonable time period. The legislative proposal to be presented by the Commission shall be a minimum harmonisation instrument focusing on specific aspects of insolvency based on broad common principles. Such an instrument would cover early restructuring proceedings and second chance issues, some procedural aspects of formal insolvency proceedings as well as measures aimed at reducing the length and costs of proceedings for SMEs. The Commission has started the impact assessment process which will include a public stakeholder consultation, expert group meetings, legal and economic study and a consultation of Member States' experts.

More legal certainty for commercial and financial transactions in the internal market (e.g. regarding the assignment of claims)

In the context of the Capital Markets Union Action Plan, a report is foreseen on the law applicable to the assignment of claims for spring 2016. This matter is important for the functioning of financial markets, in particular to ensure legal certainty of financial transactions where claims are transferred or used as collateral.

Given the close relationship between the conflict-of-law rules concerning insolvency, securities and financial claims, the work on assignment is coordinated with the work on securities ownership (FISMA). A study on conflict-of-law issues of securities ownership will be launched early 2016. A public consultation covering both the area of assignment of claims and securities ownership will follow in spring 2016. The delivery deadline for both matters in the CMU Action Plan is foreseen for 2017.

Better business environment for investors, stakeholders and companies in the EU, in particular SMEs, more development/integration of the European capital markets by developing efficient EU rules concerning the formation, operation and transformation of companies and on the relationship between a company's management, board, shareholders and other stakeholders

The proposal for a directive on single member private limited liability companies aims to make it easier for SMEs to operate across the EU by standardising the creation of companies with a single shareholder. After the Council has adopted its general approach in May 2015, the discussions are now pending in the European Parliament. The Single Market Strategy calls upon the co-legislator to adopt the proposal without delay and mentions that it will reduce the costs of company registration and simplify procedures.

The proposal on the revision of the shareholder rights directive (tackling corporate governance shortcomings relating to listed companies and their boards, shareholders, intermediaries and proxy advisers) is in informal trilogue negotiations with a view to adoption in 2016. The proposal aims at promoting long-term shareholder engagement.

Under the Capital Requirements Directive (CRD IV), two reports on the application of the directive are due in 2016: on the remuneration rules by the end of June 2016 and on diversity

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in the management bodies by end of December 2016, to be accompanied by legislative proposals as appropriate.

Following the Communication on Long-Term Financing of the European Economy, a public consultation on long-term and sustainable investment is running until 25 March 2016 to assess how investors integrate long-term factors, such as environmental, social and governance issues, into investment decisions. The Capital Markets Union Action Plan reiterates the importance of such type of investments. We will assess the follow-up to this consultation in 2016.

In the field of financial services, one of the markets which rank among the worst performing ones for consumers according to the Consumer Market Scoreboard, we will work jointly with DG FISMA to ensure that consumer interest are taken into account, notably in the future initiatives to be adopted based on the results of the Green Paper on retail financial services.

The implementation of the Directive on Payment Accounts in 2016 will provide all EU consumers with a right to open a basic bank account, define a simple and quick procedure for switching bank accounts, and enhance the transparency and comparability of fees. We will adopt end 2016/beginning 2017 Regulatory Technical Standards and Implementing Technical Standards relating to the transparency chapter of the Directive.

A multi-stakeholder group on debt advice will work throughout 2016 to map good practices on this issue in the EU.

General Objective “An Area of Justice and Fundamental Rights Based on Mutual Trust”


More effective national justice systems

Effective national justice systems are key elements for enforcing the Union's law and creating the necessary investment and business friendly environment which contributes to economic growth. The EU justice Scoreboard is a regular information tool and presents an overview of the efficiency, quality and independence of EU's Member States' justice systems. Its objective is to assist Member States in improving the effectiveness of their national justice systems. The EU Justice Scoreboard feeds the European Semester. Together with individual country assessments, it contributes to identifying potential shortcomings, improvements and good practices and to encouraging Member States to carry out the necessary, structural reforms in the area of justice. In 2015 fourteen Member States were subject to close monitoring of justice reforms reflected either in the country specific recommendations (CSR) or in the recitals of the CSRs or in the European Semester country reports. The 2016 the EU Justice Scoreboard will be released in spring.

Better EU financial markets with a sound framework to combat money laundering and terrorist financing

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In the wake of the Paris terrorist attacks of November 2015, a Commission-level response is currently being developed – given the urgency at very short notice – as regards possible actions for strengthening the fight against terrorism financing. We will contribute with output in 2016 concerning targeted amendments of the 4th Anti-Money Laundering Directive (mainly to clarify or strengthen provisions that are already included in the Directive and have been part of the inter-institutional discussions at the time of the adoption of the Directive.)

In line with the 4th Anti-Money Laundering Directive, the adoption of a list of high-risk third countries with strategic deficiencies in the area of anti-money laundering or countering terrorist financing ("blacklist") in the form of a delegated act is due in 2016.

Enhanced rights deriving from the citizenship of the Union

Enabling people to exercise their rights as EU citizens will help to enhance trust and confidence in the EU. Enforcement of free movement rights – and tackling abuse of those rights – will enable Member States and citizens to draw the full social and economic benefits of free movement. Effective coordination and cooperation measures among the Member States granting consular protection to EU unrepresented citizens will reinforce the sense of identity attached to the EU citizenship and its external dimension.

The overall aim of our actions in relation to EU citizenship is to make citizens’ daily lives easier by facilitating the exercise of their EU rights. In the three-yearly Citizenship Report, to be issued in 2016, the intention is to showcase the concrete benefits of EU citizenship, and consider the possible need for action to further facilitate and enhance the exercise of EU citizenship rights. The EU citizenship report should be accompanied by the Report under Article 25 TFEU on the application of the Treaty provisions on EU citizenship in the past three years.

Broad dissemination actions should showcase the concrete benefits of the Commission actions in terms of making citizens' daily lives easier when they exercise their EU rights.

A first step, to give real meaning to the status of EU citizenship is ensuring that existing EU rules in this area are fully and correctly applied. In particular, providing further guidance on free movement could be envisaged. It will be considered whether a Communication on EU rules on free movement, could help some Member States to overcome the problems they experience while interpreting free movement rules.

National authorities give effect to EU citizens' rights on the ground. Therefore providing national authorities with training contributes to the effective exercise of citizens' rights. In this context, in 2016 an e-training tool for national administrations "Welcoming EU citizens – an e-training on EU rules on free movement" will be launched. Training to judges on EU free movement law will be promoted and assistance in the transposition of Directive 2015/637 (Consular Protection) will be provided to the Member States.

We will continue to promote "Welcoming" policies to foster the social inclusion of mobile EU citizens at local level with focus on young people, by organising specific events.

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It is envisaged to launch a call for tenders in view of establishing a Network of academics to help to improve policy development in the field of EU citizenship rights by providing high quality advice and expertise to the Commission, including in response to questions, legislative or case law reviews, studies and analysis.

A study on residence and ID documents as well as a study on Emergency Travel Documents will be carried out in 2016.

Enhanced rights enshrined in the EU Charter of Fundamental Rights, including the rights of the child

The Commission will continue to mainstream the Charter of Fundamental Rights in all EU actions. The annual report on the application of the EU Charter of Fundamental Rights will continue to be the monitoring tool to measure mainstreaming of the Charter. The Annual Colloquium on Fundamental Rights will bring together all stakeholders to improve cooperation and raise political engagement for the promotion and protection of fundamental rights in Europe. In 2016, it will be devoted to the issue of [formal decision on the theme to be taken by the Commissioners on 27 January 2016].We will pay special attention to the rights of the child, including children in migration. We will continue the dialogue with churches, religious associations or communities and philosophical and non-confessional organizations, under Article 17 TFEU.

New Commission proposals on the acceptance of the accession to the 1980 Hague Convention on International Child Abduction of several third States. After Opinion 1/13 of the Court of Justice of the European Union, it is confirmed that this is an exclusive EU competence and Member States are not anymore allowed to accept new accessions individually. In 2015, 7 Decisions have already been adopted by the Council based on proposals presented by COM in 2011. The adoption of the relevant Council Decisions requires unanimity of the Member States. In order to prepare the next proposals, an expert meeting has been organized on 15 January 2016 to take stock of the assessment of the situation in the third States concerned (Guinea, Lesotho, South Korea, Kazakhstan, Iraq and Zambia). Also the "backlog" of old accessions before the Court Opinion was considered. On the basis of the outcome of discussions and the results of the assessments so far, the Commission will present, in the course of the first semester of 2016, 3 proposals for Council Decisions aimed at accepting the accession of South Korea, Kazakhstan and Peru (the latter is addressed only to Austria and Romania as all EU MS have already accepted Peru. Guinea and other third States may be also added in the course of the year based on the awaited feedback from Member States and EEAS.

A respected Rule of Law in the EU with any systemic threats addressed

The rule of law is one of the founding principles stemming from the common constitutional traditions of all Member States, and is one of the fundamental values upon which the European Union is based. Respect for the rule of law is a prerequisite for the protection of all fundamental values listed in the Treaties, including democracy and fundamental rights. In recent years the Commission has been confronted with crisis events in some Member States which revealed systemic threats to the rule of law. The Commission adopted a new Framework to address systemic threats to the rule of law in any of the EU’s Member States in

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its 2014 Communication. The Commission will continue to monitor developments related to the Rule of Law in certain Member States to address systemic threats and, where necessary, will apply the Rule of Law Framework. The Commission is currently assessing under the EU Rule of Law Framework the situation in Poland as regards the Rule of Law.

A more developed European area of Justice with more judicial cooperation in civil and criminal matters

Review of the Brussels IIa Regulation: The Commission will adopt a proposal to revise the Brussels IIa Regulation which is the cornerstone of international family law in the EU. This Regulation establishes uniform jurisdiction rules for divorce, separation and the annulment of marriage as well as for disputes about parental responsibility in a cross-border context. It facilitates the free circulation of judgments in the Union by laying down provisions on their recognition and enforcement in other Member States. The review aims at simplifying the procedures in the area of parental responsibility by reducing delays relating to the return of the child, the placement decisions, cooperation between the Central Authorities and eliminate unnecessary delays and costs related to the exequatur requirement. It will also entail a number of clarifications and measures to enhance the rights of the child to be heard and improve actual enforcement of judgments so to better protect the best interests of the child.

Enhanced cooperation in matrimonial property regimes (MPR) and property consequences of registered partnerships (RP): After the Council’s conclusion at the JHA Council of 3 December 2015 that no unanimity could be reached for the adoption of the MPR/RP regulations, to date 12 Member States have requested the Commission to submit a proposal to the Council authorising the establishment of enhanced cooperation in this area: Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg and Germany. The Commission intends to present at the same time to the Member States one proposal authorising the establishment of enhanced cooperation together with two separate proposals for regulations implementing the enhanced cooperation, that is, one regulation on MPR and one regulation on RP. The text of the two implementing regulations would be identical in substance to the compromise texts discussed at the JHA Council on 3 December 2015. The Commission intends to adopt the three proposals by March 2016. The Dutch Presidency plans to have the two regulations adopted by the end of its term in June once the European Parliament has given its consent.

Report on the application of Directive 2008/52/EC on certain aspects of mediation. (AP fiche 2016/JUST/028). In July 2016, the Commission will adopt a report on the application of the Mediation Directive 2008/52/EC. The report will be based on a study concerning the evaluation and implementation of the Directive, a discussion of Member States´ experiences with the application of the Directive in the European Judicial Network in Civil and Commercial Matters and an online public consultation. The study concludes that the Directive has provided EU added value by raising awareness amongst national legislators on the advantages of mediation, introducing new mediation systems or triggering the extension of existing mediation systems. The public online consultation was open from 18 September until 18 December 2015. The questions were addressed to the broadest public possible in order to obtain views and input from all interested individuals, mediators, legal practitioners,

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academics, organisations, courts, national authorities and Member States. Around 550 answers to the questionnaire have been submitted which are currently being analysed.

Report on the application of the Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters. This will be the second report of the Commission on the operation of the Regulation on taking of evidence. The report will be based on the replies of MS to a questionnaire, received in 2014 and on a study carried out in 2012, related to some specified provisions of the Regulation. The Report will have to provide the assessment of the practical operation of the Regulation over 10 years and the evaluation of its relevance in the changed environment, where the use of electronic distance means of communication in the field of justice rapidly increased. The report should mainly identify the areas for improvement, and give preliminary ideas, on how this could be achieved, in particular if legislative intervention seems to be necessary on the basis of available information to eliminate uncertainties or delaying factors brought to light during the practice in the recent years.

A well-functioning European Judicial Network in civil and commercial matters with adequate resources

In March 2016, the Commission will adopt a report on the activities of the European Judicial Network in civil and commercial matters. The Network is a core tool for the effective implementation of the Union acquis in the area of judicial cooperation in civil and commercial matters. The Network has provided substantial support to efficient judicial cooperation between Member States in civil and commercial matters and the full participation of its members is an integral part of the day to day implementation of the Union acquis in civil justice matters.

Less discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and more Roma integration

The Commission will continue to work towards the adoption of the Equal Treatment Directive, to ensure that discrimination on the grounds of religion or belief, age, disability and sexual orientation is prohibited in the same way is it is on grounds of sex and race or ethnic origin. Discrimination has no place in the Union.

The objectives of EU policies aimed at fighting against discrimination will include the improved knowledge of discrimination by raising awareness among the population of their rights and obligations and also of the benefits of diversity; the support to intermediary actors such as NGOs, social partners and equality bodies to improve their capacity to combat discrimination. The Commission will provide support to Member States to develop national policies and legislation combatting discrimination on all grounds through the work of the High Level Group of Non-Discrimination, Equality and Diversity and dedicated good practice exchanges seminars.

The Commission and the Member States will pursue the implementation of the 2011 EU framework for National Roma Integration Strategies up to 2020.

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The Commission has stepped up efforts to ensure the correct application of anti-discrimination legislation towards Roma in EU Member States and in September 2014 launched the first infringement procedure due to discrimination of Roma children in education. These procedures are ongoing. Meanwhile, cases concerning discrimination of Roma both in education and in housing are currently being assessed against other Member States.

As every year, the Commission will assess Member States progress in implementing their National Roma Integration Strategies or integrated sets of policy measures. The 2016 progress report will be the first based on Member States reporting under the Council Recommendation, while also reporting on progress under the EU Framework. The Commission will continue to have bilateral dialogues with the relevant authorities of some Member States regarding the implementation of their strategies. Guidance will be given to the Member States on how to make mainstream policies more inclusive of Roma under the European semester of Europe 2020.

The Commission will provide support to and empower National Roma Contact Points to create or develop National Roma Platforms by transforming existing coordination structures into inclusive, transparent and effective cooperation mechanisms involving all relevant stakeholders with a focus on local implementation and monitoring.

The Commission will also supervise a transnational multi-country campaign on fighting anti-Roma stereotypes as well as an action for civil society capacity building.

Less racism, xenophobia, homophobia, anti-Semitism, anti-Muslim hatred and other related forms of intolerance

The Commission in 2016 will step up monitoring and enforcement of EU rules to combat racism and xenophobia in the Member States. Particular priority will also be put on countering hate speech online both through cooperation with IT companies, civil society, the High Level group on racism and xenophobia as well as through regulatory actions, where needed.

The newly established High Level group on racism, xenophobia and all other forms of intolerance will be used as a platform for the drafting of best practice guidance to accompany the practical implementation of the EU rules on the ground. Data collection and incidents recording will also be improved in this context, with the assistance of the Fundamental Rights Agency.

More diversity in the workplace

In order to complement existing EU legislation relevant to diversity and antidiscrimination at the workplace (such as the Employment Equality Directive, the Racial Equality Directive or the Directive on disclosure of non-financial and diversity information), the Commission will continue promoting diversity in the workplace through funding, events and peer learning involving Member States, NGOs, trade unions and businesses through the EU Platform of Diversity Charters.

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More support for EU Member States in key LGBTI-related areas and improved social acceptance

The Commission has published the 'List of Actions to advance LGBTI Equality' which includes a compilation of EU legislation directly relevant for LGBTI that the Commission will be monitoring in 2016. The 'List of Actions' also includes activities to support national policies and legislation targeting this group in the areas of non-discrimination, hate crime and hate speech, education and health.

No gender-based violence and more victim support

New legislative proposals on the EU accession to the Istanbul Convention on combating violence against women will be adopted in Q1 2016. This will followed by legislative negotiations.

The Commission will continue to enforce the Victim's rights Directive and laws on European protection orders, in particular to ensure access to protection and support for those exposed to gender-based violence.

The Commission, JUST in cooperation with ESTAT, will improve the availability, quality and reliability of data on gender-based violence, including in collaboration with the EIGE and FRA. Furthermore, the Commission will carry out a Eurobarometer survey on the attitudes towards the gender-based violence.

The Commission continues to implement the measures set out in the Communication Towards the elimination of Female Genital Mutilation.

Finally, the Commission continues to prepare focused actions to end all forms of gender –based violence and raise-awareness, e.g with appropriate activities to mark the International Day of Zero Tolerance for Female Genital Mutilation and the International Day for the Elimination of Violence against Women.

More safeguarding of the fundamental right to data protection in our external relations

The Commission will conclude the negotiations on the modernisation of Council of Europe Convention for the protection of individuals with regard to automatic processing of personal data ("Convention 108") and the conditions and modalities of accession of the European Union to the modernised Convention. The modernised Convention 108 will ensure a high level of protection of fundamental rights and freedoms with respect to the processing of personal data and guarantee the consistency of Convention 108 with the EU data protection acquis, duly taking into account the on-going reform of the EU data protection legislation, since all twenty-eight EU Member States are Parties to the Convention 108.

An adequate protection of EU citizens' personal data by US government and agencies

Following the Court ruling of 6 October in the Schrems case the Commission has stepped up discussions with the US on a renewed and safe framework on transfer of personal data. The

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Commission should adopt in 2016 its draft proposal for an adequacy decision. In addition, the other 11 existing Commission adequacy decisions1 will have to be adapted to the CJEU ruling of 6 October 2015 in case C-362/14 ("Schrems").

Concluding negotiations and discussion on EU-U.S. data protection in the police and criminal justice areas: Once in force, this agreement will guarantee a high level of protection of all personal data when transferred between law enforcement authorities across the Atlantic. It will in particular guarantee that all EU citizens have the right to enforce their data protection rights in US courts. For the EU to proceed to the ratification of this "umbrella agreement", the US Congress must adopt the "Judicial Redress Bill", to give EU citizens the necessary right to go to court if the US federal government does not adequately protect data. Only then, the Commission can adopt its draft proposals for signature and conclusion to the Council.

Common data protection rules within the European Union in place

The finalisation of the legislative process for the Data Protection Directive for the police and criminal justice sector, and the publication of the official texts in the EU OJ is expected by mid-2016. Member States will have to implement the Directive by mid-2018 and will ensure that the data of victims, witnesses, and suspects of crimes, are duly protected in the context of a criminal investigation or a law enforcement action. At the same time more harmonised laws will also facilitate cross-border cooperation of police or prosecutors to combat crime and terrorism more effectively across Europe.

A reduced gender pay gap

The Commission will work to tackle the gender pay gap and gender pension gaps, including by reviewing the effectiveness of existing EU legislation in this field and working closely with Member States to address the full range of its causes.

Key actions for this objective include: support for Member States’ efforts to ensure equal pay and address the root causes of the gender pay gap, including through the organisation of mutual learning seminars; issuing country-specific recommendations in the European Semester process; cooperating with equality bodies and supporting companies in efforts to ensure equal pay; continuing to mark European Equal Pay Day with Europe-wide information activities and citizen outreach.

More equality between women and men in decision-making

Negotiations on the pending proposals for Directive on Gender Balance in Company Boards and the Equal Treatment Directive are listed as priority pending proposals for 2016 in Annex III of the CWP. We will continue to monitor progress towards gender equality in decision-making and to collect and disseminate further data on the representation of women and men in high decision-making positions. We will organise a mutual learning seminar on advancing women's participation in political decision making.

1 See http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

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Increased availability of childcare services

in the 2016 Annual Growth Survey the Commission has confirmed that the equality policy objectives remain relevant for the European Semester exercise: the AGS text mentions the social investment in childcare and care facilities. A continuous monitoring and support for Member States in attaining the Barcelona targets on childcare is required. Taking into account the results of a recent public consultation on work-life balance, we will consider consulting Member States and stakeholders on how to make the Barcelona targets more ambitious and reflect on a more comprehensive approach covering, for instance, care of other dependants, accessibility and quality.

Improved work-life balance for working parents and caregivers

The Commission will adopt a package of new legislative/non-legislative initiatives to address the challenges of work-life balance for parents and caregivers, with a view to improving women's participation in the labour market. Legislative proposals and a Communication on a non-legislative policy framework are to be adopted by end 2016. This effort is also being supported through EU co-funding of projects on reconciliation implemented by Member States.

The Commission has confirmed in the 2016 Annual Growth Survey that the equality policy objectives remain relevant for the European Semester exercise: the AGS text mentions the social investment in childcare; gender gap in terms of employment rate, improving work-life balance, care facilities, leave and flexible working arrangements as well as non-discriminatory tax system under the part on "Fostering employment".

2016 also marks the first year of the Strategic engagement for gender equality 2016-2019, that spells out objectives, actions, timings and indicators and will also contribute to smart, sustainable and inclusive growth and social cohesion.

General Objective “A Union of Democratic Change”

Specific objective:

Enhanced EU citizens' democratic participation, including through cross-border information and facilitated participation in the EP and local elections, and increased legitimacy and accountability of EU decision-making, including by building on the concept of "lead candidates"

In line with President Juncker’s Political Guidelines to “bring the EU closer to its citizens” and “make it more democratic”, in particular in the perspective of the 2019 EP elections, actions to enhance the mobile EU citizens’ political rights and to enhance democracy in the EU will be implemented.

Looking ahead to the 2019 EP elections, it is important to work towards increasing legitimacy and accountability of EU decision-making, in particular by promoting the "lead candidates" ("Spitzenkandidaten") model for the 2019 EP elections. As a first step, we will continue supporting the proposals to this effect put forward by the European Parliament on reforming

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the EP electoral procedure. The perception of tangible benefits of EU citizenship to be developed in the 2016 EU Citizenship report can stimulate citizen's interest in European politics and translate into more active engagement in the 2019 EP elections.

A number of actions specifically aimed at boosting participation in EP elections will be carried out. In particular, in 2016 a study on possibilities for remote voting such as e-voting will be launched. Support to awareness-raising initiatives undertaken by authorities and civil society at the local level will be considered.

We envisage organising events with OSCE, the EP and the Committee of the Regions to gather ideas and exchange best practices to boost democratic participation.

At the same time, the Commission will ensure the full and correct application of the existing EU rules guaranteeing the electoral rights attached to the status of EU citizenship.

PART 2. Organisational management outputs for the year

A. Human Resources Management

As mentioned in the Strategic Plan, DG JUST HR aims to implement different concrete actions regarding female representation in middle management, staff engagement, and well-being, as well as other additional identified actions regarding mobility.

Objective (definition): The DG deploys effectively its resources in support of the delivery of the Commission's priorities and core business, has a competent and engaged workforce, which is driven by an effective and gender-balanced management and which can deploy its full potential within supportive and healthy working conditions.

Main outputs in 2016:

Description Indicator Target

- Implementation of acorporate Middle Management Modernisation including a gender balance policy

- Number of management and leadership trainings

- 2016 Staff survey percentage of female representation in middle management for DG JUST incl. SRD HOME/JUST

- At least one training a year

- No target fixed for 2016; JUST will try to maintain or exceed 47,8% of last staff survey; 50% to be reached in 2019

- Development of supportive and healthy working conditions for staff (well-being)

- Fit@work initiatives participation rate for DG JUST incl. SRD HOME/JUST

- 2016 Staff survey percentage of staff who feel that the Commission cares about their well-being in DG JUST and SRD

- Participation rate of at least 50% to fit@work initiatives

- Reach or exceed the result of 35% for the 2016 staff survey

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- Improved identification of the training and development needs of staff by management and maintain or improve the staff engagement index

- Annual average number of training days attended

- 2016 Staff survey factor linked to the training and development needs of staff

- Exceed the current annual average number of 5,6 training days

- Exceed the result of 40% for DG JUST and 46,2 % for SRD HOME/JUST for the 2016 staff survey

- Measures to ensure an efficient mobility of staff

- Number of seminars for Newcomers (HR matters, DG JUST policy matters)

- Achievement of confidential exit interviews

- 2016 Staff survey percentage

linked to career and mobility in DG JUST & SRD HOME/JUST2

- 2 Seminars a year on HR matters and 2 on DG JUST policy matters, regular thematic seminars and exchange of best practices with HOME/JUST Assistants

- Implementation of a new EC Induction Seminar (8 days) for new permanent staff to acquire a better understanding of the European and Commission environments

- Implementation of exit interviews in the course of 2016

- Increase the 2014 staff satisfaction of 33% in DG JUST and 30% in SRD HOME/JUST for the 2016 staff survey

B. Financial Management: Internal control and Risk management

Internal control is noted in the context of the Commission’s fundamental budgetary principles and associated with sound financial management. Internal Control is a process designed to provide reasonable assurance of achieving objectives. The internal control process will be implemented as corporately defined by BUDG, SG and OLAF in particular for what the anti-fraud strategy (to be reviewed in 2016) is concerned.

For what the legality and regularity of payments is concerned, it is ensured through the controls throughout the management of transactions: negotiations, contracting, payments etc.

2 Staff satisfaction of their career and the mobility within the Commission, 2014 Commission staff survey

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Sound financial management is measured mainly through indicators defined in the Financial Regulation and reported in the Annual Activity Report such as time-to-inform, time-to-grant and time-to-pay. Already compliant in the previous years (i.e. within the deadlines specified in the Financial Regulation), close monitoring will be ensured in 2016 to keep the same level of performance.

Objective : Effective and reliable internal control system giving the necessary guarantees concerning the legality and the regularity of the underlying transaction Main outputs in 2016:


Ex-post audits of directly managed grants

Audit coverage for directly managed grants

10%

Legality and regularity of direct management expenditure

Error rate – direct management Below 2%

Objective : Effective and reliable internal control system in line with sound financial management. Main outputs in 2016:


Ex-ante controls N° exceptions < 0,1% of total transactions Monitoring of deadlines to inform, grant and pay

Time-to-inform, (Art. 128.2 a FR) Time-to-grant (Art. 128.2 b FR) Time-to pay (Art. 92 FR)

Respect Financial Regulation deadlines

iCAT survey Participation rate Satisfaction rate

70% participation (staff and management) 75% expressing good and above judgement

Objective : Minimisation of the risk of fraud through application of effective anti-fraud measures, integrated in all activities of the DG, based on the DG's anti-fraud strategy (AFS) aimed at the prevention, detection and reparation of fraud Main outputs in 2016:


Close monitoring of OLAF recommendations issued towards JUST

% of recommendations issued by OLAF implemented/closed by DG JUST within the deadlines

100%

C. Better regulation (only for DGs managing regulatory acquis)

Impact assessments and evaluations are key tools for better policy-making. Results of evaluations help improve the quality of future interventions and assess effectiveness, efficiency and EU added value as well as coherence and relevance of existing legislation. The indicator selected complements the impact assessment and evaluation indicators set in the strategic plan.

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Objective : Main outputs in 2016:


Implementation of annual evaluation plan

Percentage of evaluations implemented as per plan

> 80 %

D. Information management aspects

DG JUST complies with the document management policies of the Commission. The local Document Management Officer team is periodically verifying the degree of implementation of the indicators contained within this chapter and with the help of the Document Management Correspondents is working towards implementing them. This is one important step towards efficient retrieving and sharing of important information as part of a broader knowledge management policy which is to be defined at DG level. DG JUST introduced BASIS for Briefing management in the last quarter of 2015. Since then all briefings are provided via this system. This is another important step in preparing and implementing a knowledge management strategy that will allow fast dissemination of important information and time and consistency gain through re-use of already created knowledge. Several supplementary tools like the broad use of wikis and collaborative spaces are to be tested and piloted for the purpose of this strategy.

Objective : Better dissemination and reuse of important information within DG Justice Main outputs in 2016:


Creation and implementing the knowledge management strategy

Strategy created and approved at DG level. Implementation started.

Yes

Knowledge management tools to support the strategy

Tools to support the strategy are identified and deployment is planned.

Yes

E. External communication activities

Each political priority on which DG Justice and Consumers will communicate in 2016 is approached from an integrated communications point of view. Starting from a careful identification of messages and target audiences, dissemination and distribution channels and tools, the communications team of DG Justice and Consumers implements comprehensive thematic campaigns. These include press releases, statements and press MEMOs, factsheets, briefings, speeches, visual material (such as infographics), publications, events, social media campaigns, videos, media buying, which can be integrated in longer term communication efforts.

Objective (definition): External communication Main outputs in 2016: Description Indicator Target

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Social media platforms (Twitter Justice, Twitter Consumer, Facebook Justice)

Cumulative increase in followers and engagement numbers

+20%

Special press reviews (i.e. for priority Commission's proposals)

Number of articles At least maintain average coverage (30 articles)

Communications in 2016 will focus primarily, but not exclusively, on the following priorities:

• Adoption of the Data Protection Reform (first semester 2016). It will also be complemented by the final conclusion of the EU-US umbrella agreement once the US has passed the Judicial Redress Bill, and progress or agreement on the Safe Harbour is expected in February. Press and media outreach, and communications actions targeting business, as well as a social media campaign targeting a more general public are planned.

Synergies with other DGs: DG CONNECT, as first deliverable of the Digital Single Market Strategy.

Indicator Target

Number of people reached 10 000 000

• Press and media outreach, as well as social media activities are planned to promote measures contributing to the European Agenda on security, especially important in the light of the latest terrorist attacks. This will include increasing security, such as the proposal to extend ECRIS to third-country nationals (19 January); and improving victims' rights, which will include: the adoption of the Directive on Presumption of Innocence (first semester); the entry into force of rules on better protection of fair trial rights (November).

Synergies with DG HOME are foreseen in the framework of these initiatives.

• Entry into application of the ADR-ODR Platform (8 January), which will be marked by an awareness raising campaign in all MS when the platform will be fully operational (first semester).

Synergies with other DGs are foreseen in the framework of the DSM strategy.

Indicator Target


• Media and stakeholder outreach around the adoption of the 2016 EU Justice Scoreboard (April) to communicate around the national efforts to improve the effectiveness of justice systems. Publication of a Flash Eurobarometer on the perceptions

Indicator Target


• Adoption of a proposal to review the CPC Regulation (first quarter) in the framework of the DSM strategy to ensure that EU consumer legislation is well enforced across the EU.

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• A proposal to review Brussels II a Regulation on matrimonial and parental judgements (End of April).

• Adoption of the 2016 Citizenship Report (May), which will include several activities before and around the publication, to communicate the results of the public consultation on EU Citizenship, showcase what the EU is doing/will do to advance EU citizenship rights, and follow up on the implementation of the EU Citizenship Report through the promotion of social inclusion at local level of EU citizens exercising free movement.

• Follow-up to the first Fundamental Rights Colloquium, which will include two high-level meetings with religious leaders and non-confessional representatives and a high-level joint working group under article 17 (first half of the year). The second edition takes place in October and on this occasion a prize to journalists who promote diversity and tolerance will be awarded.

• Awareness raising campaign on LGBTI, planned over a two-year period, aiming to increase social acceptance of LGBTI people.

• Communication and awareness raising campaign on Roma integration, For Roma with Roma, will continue to be carried out in its second year, with trainings for the journalists, a school drawing competition and other activities.

• Set up of the European Public Prosecutor Office (fourth quarter).

• An initiative with legislative and non-legislative elements relating to the work-life balance with the aim to improve women's participation in the labour market (fourth quarter).

• A proposal on Insolvency (December).

For external communication overall spending*:

Annual communication spending (based on estimated commitments): Baseline (2015): 1.000.000 Target (2016) :2.000.000**

*: Source: spending programmes for Justice, Rights, Equality and Citizenship and Consumers

**: Already earmarked for communication campaigns on political priorities

F. Example of planned initiatives to improve economy and efficiency

In 2016 DG JUST will pursue its economy- and efficiency-driven shift to a corporate IT solution for the management of all business processes related to grants (Sygma, currently used by the H2020). Following significant investment (mainly in terms of HR) into the pre-roll out phase in 2014 and 2015, the system’s usability for the grant business of DG JUST is currently tested on several calls for proposals. Subject to positive results of this experience, the entire volume of DG JUST grants falling under the 2016 annual work programme should be implemented already in the new IT environment.

In the medium- to long-term, this change is expected to produce significant economy and efficiency gains for DG JUST. In financial terms, the annual cost of using a corporate solution is estimated to be several times lower than the budget required for the current IT system of DG JUST (Priamos). Furthermore, the new IT environment represents a comprehensive system

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covering all stages of the process (publication of funding opportunities, submission of funding requests, selection of grant beneficiaries, implementation of grant-funded activities) and can be therefore expected to lead to a significant reduction of administrative burden currently linked to the use of multiple systems for the same purpose.

It should be noted that (while the economy and efficiency gains expected from this initiative in the medium- to long-term are significant) the roll-out of the new system within DG JUST is unlikely to result in any savings in 2016 and 2017 and will actually still require further investment in terms of HR over this period. This is due to the need to continue maintaining and using the previous IT system for all grants resulting from pre-2016 calls for proposals (with the exception of several pilot calls under the 2015 annual work programme), as well as to significant training and process-development needs linked to the first year(s) of the new system’s implementation.

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Annexes to the Management Plan

Annex 1 Performance tables

Relevant general objective 2: A Connected Digital Single Market

Specific objective 2.1 Highest level of protection of privacy and personal data Related to spending programme Rights, Equality and Citizenship


Policy–related outputs

Description Indicator Target date

Proposal for a General Data Protection Regulation

adoption by the co-legislators and publication in the EU OJ

2016

Proposal for a Directive on protection of personal data processed by police and judicial authorities


2016

Amendment of Regulation 45/2001 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (alignment with the General Data Protection Regulation) Agenda Planning reference 2014/JUST/032

adoption by the Commission 2016

Main expenditure outputs Description Indicator Target Training of data protection supervisory authorities and other public authorities and data protection officers via action grants

Number of professionals trained 4000

25

Specific objective 2.2 Increased share of businesses and consumers engaging in online cross-border trade of goods and digital content, enhanced consumer and business confidence in buying and selling online, as well as in accessing and making use of digital content

Related to spending programmes Rights, Equality and Citizenship Consumer




Guidance on the application of the Unfair Commercial Practices Directive

Adoption by the Commission 2nd quarter 2016

2 Directives on the Supply of Digital Content and the Online and other Distance Sales of Goods

Adoption of final opinion in EESC plenary April 2016

Progress in negotiations at the Council Working Groups organized by the NL and SK presidencies (approximately 8-9 CWG during the 1st semester and 5 CWG in the 2nd semester).

June 2016/ December 2016

Progress in negotiations in the Parliament, with a possible adoption of a position at 1st reading.

End of 2016

Communication on a European Cloud (DG JUST contributing on contractual dimensions, especially in B2B cloud contracts)

Adoption by the Commission May 2016

Commission Communication setting the course of action for the legal challenges of digitalisation (DG JUST contributing on contractual restrictions to access to/transfer of data and legal challenges for liability issues with machine-to-machine contracting and automated systems.)

Adoption by the Commission September 2016

Main expenditure outputs Description Indicator Target Joint studies by DG CNECT and DG JUST, co-funded with DG CNECT. DG JUST wants to investigate a) issues related to contractual restrictions to access to/transfer of data in the data value chain which hinder the free flow of data, and b) legal challenges for and liability/machine-to-machine contracting and

Preliminary findings / interim reports Final report

3rd-4th quarter 2016 1st quarter of 2017

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automated systems Relevant general objective 4: A Deeper and Fairer Internal Market with a Strengthened Industrial Base

Specific objective 4.1 empowered energy consumers and enhanced competition through improved and comparable information on billing and offers, and improved tools for comparison and switching. A coherent framework to protect and incentivise consumers to opt for smarter consumption modes and self-generation

Related to spending programme Consumer




Contribution to revision of energy legislation in the framework of the Energy Union/New Deal for Consumers

Adoption by the Commission December 2016

Main expenditure outputs Description Indicator Target Two studies: prosumers; billing and offers

Timely completion of studies July 2016

Specific objective 4.2 Consolidated and improved consumer rights in the internal market





Fitness Check of consumer and marketing law (covering Directive 2005/29/EC (Unfair Commercial Practices Directive); Directive 99/44/EC (Sales and Guarantees Directive); Directive 93/13/EEC (Unfair Contract Terms Directive); Directive 98/6/EC (Price Indication Directive); Directive 2006/114/EC (Misleading and Comparative Advertising Directive); Directive 2009/22/EC (Injunctions Directive)) Agenda Planning reference 2016/JUST/023


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Main expenditure outputs Description Indicator Target 3 studies to support the Fitness check – (Lot 1 – overarching study; Lot 2 – evaluation of the Consumer Sales and Guarantees Directive; Lot 3 – consumer market study)

Timely delivery of acceptable quality Lot 1 – 1st quarter 2017 Lot 2 and 3 – 4th quarter 2016

Specific objective 4.3 Consolidated and enhanced product safety through effective market surveillance in the Union

Related to spending programme Consumer




Proposals for a Consumer Product Safety and a Market Surveillance Regulation (joint responsibility with DG Internal market, Industry, Entrepreneurship and SMEs)

Adoption by the co-legislator and preparation of implementation (among others by adoption of Commission Implementing Acts)

2016

Guidance for national market surveillance authorities on market surveillance of products sold online

Adoption as Commission notice 1st half 2016

Commission (implementing) decisions under the General Product Safety Directive 2001/95/EC on safety requirements to be met by European standards, on the publication of references of certain standards, on standardisation requests to the European Committee for Standardisation

Adoption by the Commission 2016

Main expenditure outputs Description Indicator Target RAPEX related IT tools Services for the maintenance of and upgrades to

the IT systems for RAPEX financed under the 2016 annual work programme

No disruption of RAPEX IT systems and necessary maintenance and upgrades

Cooperation and uniform application of EU consumer product safety legislation including international aspects

Number of product specific joint enforcement actions under the 2016 annual work programme and number of Member States participating

5 – 6 product specific joint actions, 1 specific joint action on enhanced cooperation with China, and 66% of Member States participating in overall joint enforcement actions

Exchange of officials Number of Member States' officials participating in funded exchange of officials under the 2016

30

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annual work programme Development of knowledge base in the field of consumer product safety

Number of requests for scientific advice or studies under the 2016 annual work programme

1 or 2 mandates for opinion from Commission Scientific Committee or contracts for scientific studies

Close collaboration and regular information exchange with international stakeholders on consumer product safety

EU-US-China Trilateral Product Safety Summit International Product Safety Week 2016

June 2016 November 2016

Specific objective 4.4 Easier resolution of disputes and recovery of claims, including across borders, for consumers and individuals





Establishment of an Online-Dispute Resolution (ODR) platform allowing consumers and traders to solve online, through an out-of-court procedure, contractual disputes about online purchases

Launch of the ODR platform by the Commission - uptake by traders and use by consumers

January/February 2016 - throughout 2016

Main expenditure outputs Description Indicator Target

29

Specific objective 4.5 Less differences between national insolvency regimes with the aim of increasing recovery rates and reducing time and costs of insolvency proceedings; and giving honest but bankrupt individuals a second chance in a reasonable time frame

Related to spending programme(s) Justice

Main outputs in 2016: Policy–related outputs


Proposal for a Directive on business insolvency. The objective of this initiative is to offer to businesses an effective restructuring framework and give bankrupt, but honest entrepreneurs a second chance by discharging their debts in a reasonable time period Agenda Planning reference 2016/JUST/025

Adoption of proposal for a Directive by the Commission

4Th quarter 2016

Main expenditure outputs Description Indicator Target Legal study on insolvency Timely completion February 2016 Economic study on insolvency

Timely completion September/October 2016

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Specific objective 4.6 More legal certainty for commercial and financial transactions in the internal market ( e.g. assignment of claims)

Related to spending programmes Justice

Main outputs in 2016: Policy–related outputs


The report on the law applicable to the assignment of claims will put forward for discussion possible solutions to address the current legal uncertainty on certain types of financial transactions Agenda Planning reference 2011/JUST/046 The public consultation will seek the opinion of the relevant stakeholders on the matters addressed in the report as well as on closely related matters of transfer of securities

Adoption by the Commission of the report Launch of public consultation

2nd quarter 2016 2nd quarter 2016

Main expenditure outputs Description Indicator Target Study on conflict of laws relating to securities and other financial instruments

Timely completion 3rd quarter 2016

Specific objective 4.7 Better business environment for investors, stakeholders and companies in the EU, in particular SMEs, and more development/integration of the European capital markets by developing efficient EU rules concerning the formation, operation and transformation of companies and on the relationship between a company's management, board, shareholders and other stakeholders





Proposal for amendment of the shareholders' rights directive The proposal aims at tackling corporate governance shortcomings relating to listed companies and their boards, shareholders, intermediaries and proxy advisors with a view to

Adoption by the co-legislators 2016

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promoting long-term shareholder engagement. Proposal on single member private limited liability companies. The proposal aims to make it easier for SMEs to operate across the EU by standardising the creation of companies with a single shareholder.

Adoption by the co-legislators 2016

Report on remuneration rules under the Capital Requirements Directive (CRD IV). Under CRD IV, a report on the application of the remuneration rules to be accompanied by legislative proposals, as appropriate, is due by end of June 2016. AP reference: 2015/JUST/050

Adoption of report by the Commission 2nd quarter 2016

Follow-up on public consultation on long-term and sustainable investment. The consultation to assess how investors integrate long-term factors, such as environmental, social and governance issues, into investment decisions is running until March 2016

Follow-up to consultation (format to be determined)

2nd quarter 2016

Main expenditure outputs Description Indicator Target Study on Minority Shareholder Protection. Assessment and comparison of existing means of protection across the MS as well as in major third countries to provide a starting point for any possible action to enhance the EU as an investment destination

Delivery of Final Report

Final Report expected 3rd quarter 2017

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Relevant general objective 7: An Area of Justice and Fundamental Rights Based on Mutual Trust

Specific objective 7.1 More effective national justice systems Related to spending programmes Justice

Policy-related outputs Description

Indicator Target date

The 2016 EU Justice Scoreboard. Communication from the Commission to the European Parliament, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions. Agenda Planning reference 2016/JUST/009

on-time adoption (1st quarter each year) of the annual EU Justice Scoreboard and on-time delivery to the SG of DG Justice and Consumer contributions to the staff working documents (Q1) and the country specific recommendations (Q2) in the context of the European Semester

Adoption of the EU Justice Scoreboard : March 2016


Support to projects analysing courts' initiatives aiming at enhancing the quality of the judicial systems in Member States

Number of Member States participating

More than 10

Specific objective 7.2 Better EU financial markets with a sound framework to combat money laundering and terrorist financing Main outputs in 2016:


Policy-related outputs Description

Indicator Target date

Delegated acts under the 4th Anti-Money Laundering Directive ("black list"). The 4th Anti-Money Laundering Directive empowers the Commission to adopt delegated acts in order to identify third country jurisdictions which have strategic deficiencies in their national Anti-Money Laundering counter financing of terrorism regimes that pose significant threats to the financial system of the Union ("high-risk third countries").

Adoption of delegated act by the Commission

2nd/3rd quarter 2016


Workshops with Member States' experts feeding to the supranational risk assessment on money laundering

Number of workshops organised 5

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and terrorist financing

Specific objective 7.3 Enhanced rights deriving from the citizenship of the Union

Related to spending programmes Rights, Equality and Citizenship




2016 EU citizenship report, setting out concrete actions to help EU citizens to effectively enjoy their rights, without unnecessary obstacles on grounds on nationality Agenda Planning reference 2016/JUST/006


Report under Article 25 TFEU on the application of the Treaty provisions on EU citizenship in the past three years


Communication providing guidance on EU rules on free movement


Enforcement, including through infringement procedures, of the EU acquis on free movement

Member States' compliance Ongoing

Main expenditure outputs Description Indicator Target E-learning tool on EU rules on free movement for national administrations: "Welcoming EU citizens – an e-training on EU rules on free movement"

Availability to national administrations 2016

Judicial training activities on EU rules on free movement targeting administrative judges

Progress in reaching out judges 2016 onwards

"Welcoming" policies to foster the social inclusion of mobile EU citizens at local level with focus on young people. Organisation of specific events.

Completion of events End 2016, as a follow-up to the EU Citizenship report 216

Launch a call for a network of academics from the

Launch of the call for tenders 2016

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Member States to help improve policy development in the field of EU citizenship by providing high quality advice and expertise Expert Group meetings to support the Member States in the implementation process of the recently adopted Directive on consular protection (2015/637)

Organisation of meetings Twice in 2016

Meetings of Expert Group FREEMO on the right to free movement of persons directive

Organisation of meetings Twice in 2016

Meeting of Expert group on Electoral Matters

Organisation of a meeting One meeting in 2016

Study on Emergency Travel Documents

Launch of the study 2016

Study on residence and ID documents

Launch of the study 2016

Establishment of an inter-service group on mobility

Completion 2016

Specific objective 7.4 Enhanced rights enshrined in the EU Charter of Fundamental Rights including the rights of the child





Proposal for a Council Decision establishing a multiannual framework for the European Agency of Fundamental Rights for 2018-2022 Agenda Planning reference 2016/JUST/001

adoption by the Commission 3rd quarter, 2016

Annual report on the application of the EU Charter of Fundamental Rights AP reference: 2016/JUST/040


Main expenditure outputs Description Indicator Target Annual Colloquium on Fundamental rights

1 event 3rd quarter 20016

35

European Forum on the rights of the child

1 event 3rd quarter 20016

Meetings in the framework of the dialogue under Article 17 TFEU with churches, religious associations or communities and philosophical and non-confessional organisations

4 events 2nd and 3rd quarter 2016

Specific objective 7.5 A respected Rule of Law in the EU with any systemic threats adressed





Use of the Rule of Law Framework to strengthen the Rule of Law adopted in 2014 to prevent the escalation of systemic threats

Number of systemic threats to the Rule of Law addressed through the Rule of Law framework or Rule of Law related infringements to ensure protection of the Rule of Law in Member States

n/a

Main expenditure outputs Description Indicator Target n/a Specific objective 7.6 A more developed European Area of Justice with more cooperation in civil and criminal matters





Proposal for a Directive on the fight against fraud to the Union's financial interests by means of criminal law (“PIF directive”)

adoption by the co-legislators 2016

Proposal for a Regulation reforming Eurojust


Proposal for a Council Regulation establishing a European Public Prosecutor’s Office (EPPO)

adoption by the Council 2016

Proposal for a Directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings


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Proposal for a Directive on strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings


Proposal for a Directive on safeguards for children who are suspects or accused in criminal proceedings


Report on the application of the Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Adoption by the Commission 1st quarter 2016

Report on the application of Directive 2008/52/EC on certain aspects of mediation AP reference: 2016/JUST/028

Adoption by the Commission 3rd quarter, 2016

Proposal to revise the Brussels IIa Regulation which is the cornerstone of international family law in the EU. AP reference: 2013/JUST/003

Adoption by the Commission [27 April 2016 – tbc]

Main expenditure outputs Description Indicator Target Operating grant to the EJTN Number of judges and prosecutors trained in

2016 by EJTN 3700

Support to implementation of e-Justice projects including support for Member States for ECRIS TCN via action grants

Number of projects funded 15

Work on implementation of ECRIS TCN system through adaptation of the reference implementation contractualised

Contract(s) for implementation work signed Q3 2016

Support to projects related to judicial cooperation in civil and criminal matters

Number of projects funded 20

37

Specific objective 7.7 A well-functioning European Judicial Network in civil and commercial matters with adequate resources





Report on the activities of the European Judicial Network in civil and commercial matters AP reference 2014/JUST/026

Adoption by the Commission March 2016

Main expenditure outputs Description Indicator Target Meetings of the EJN civil and commercial

Number of meetings 6

Specific objective 7.8 Less discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation and more Roma integration





Setting up of National Roma Platform where action by all key stakeholders are co-ordinated

Number of National Roma Platforms set up 10

Mutual learning seminars between MS (under the HL Group on Non-Discrimination, Diversity and Equality)

Number of seminars 2

Equal Treatment Directive (Proposal for a Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation)

Progress made towards adoption (Increased support by MS at the Council. Currently 26)

28

Main expenditure outputs Description Indicator Target Training of legal practitioners in equality and anti-discrimination law

Number of practitioners trained 600

Assess the prohibition of discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or

Number of reports on MS legislation 28

38

sexual orientation throughout the European Union Two seminars on mutual learning organised with the MS

Number of MS attending 14

Specific objective 7.9 Less racism, xenophobia, homophobia, anti-Semitism, anti-Muslim hatred and other related forms of intolerance





Guidance for the Member States on the implementation of the Framework decision on the fights against racism and xenophobia

Adoption by the Commission 4th quarter

Main expenditure outputs Description Indicator Target Meetings of the High Level groups on racism and xenophobia

Number of meetings 2

Specific objective 7.10 More diversity in the workplace Related to spending programmes Rights, Equality and Citizenship




Engage further Member States and businesses in diversity management through their adhesion to national Diversity Charters

Number of Member States that have adopted a Diversity Charter and number of companies that adhere to them

16 MS with Diversity Charter.

Around total 8000 companies adhering to Diversify Charters (average estimation: increase of 500 new companies every year)

Main expenditure outputs Description Indicator Target Annual Diversity Charters' Forum

Number of Diversity charters attending the Forum

17

39

Specific objective 7.11 More support for EU Member States in key LGBTI-related areas and improved social acceptance





Peer learning activities on LGBTI issues Measuring data on perceptions and attitude towards LGBTI people against the 2015 Eurobarometer survey on discrimination

Number of Member State officials trained or participating in peer learning activities in LGBTI areas Change in perceptions and attitudes towards LGBTI people in Member States

15 MS' officials (from corresponding MS) in charge of LGBTI issues

50% (i.e.; % of people thinking that gay, lesbian and bisexual should have the same rights as heterosexuals)

Main expenditure outputs Description Indicator Target Communication campaign to improve the social acceptance of LGBTI people

Number of key events organised in Member States

14

Specific objective 7.12 No gender-based violence and more victim support Related to spending programmes Rights, Equality and Citizenship




Legislative proposal on the EU accession to the Istanbul Convention on combating violence against women

Adoption by the Commission Q1 2016

Annual report on equality between women and men AP reference: 2016/JUST/021


Main expenditure outputs Description Indicator Target Mutual learning seminar addressed to Member-States on combating female genital mutilation and other harmful practices

N° of countries participating in the mutual learning exchange seminar

15

Initial preparations of a statistical survey on gender-based violence

Sub-delegation to ESTAT Q1-Q2 2016

40

Specific objective 7.13 More safeguarding of the fundamental right to data protection in our external relations





Commission Decision on amending 11 existing Commission adequacy decision to adapt them to the CJEU ruling in case C-362/14 ("Schrems")


Concluding on behalf of the European Union the negotiations on the modernisation of Council of Europe Convention for the protection of individuals with regard to automatic processing of personal data ("Convention 108") and the conditions and modalities of accession of the European Union to the modernised Convention.

conclusion of the negotiations 2016

Main expenditure outputs Description Indicator Target n/a Specific objective 7.14 An adequate protection of EU citizens' personal data by US government and agencies In view of recent mass surveillance revelations, close partners such as the United States must convince us that the current safe harbour arrangements really are safe if they want them to continue. The U.S. must also guarantee that all EU citizens have the right to enforce data protection rights in U.S. courts, whether or not they reside in the U.S.





Commission Decision on adequacy for personal data transfers to the US ("New transatlantic framework")


Commission decisions on signature and conclusion of EU US agreement on data protection standards for transatlantic law enforcement cooperation ("umbrella agreement")


41

Main expenditure outputs Description Indicator Target Specific objective 7.15 Common data protection rules within the EU in place





Proposal for a General Data Protection Regulation


2016

Proposal for a Directive on protection of personal data processed by police and judicial authorities


2016

Main expenditure outputs Description Indicator Target Specific objective 7.16 A reduced gender pay gap





Contributions to the Commission’s Annual Growth Survey (AGS) and the definition of Country Specific Recommendations (CSR)

Contribution sent to JUST/03 in time for CSR and AGS

Q1 2016 (for CSR) Q4 2016 (AGS)

European Equal Pay Day

Press releases and media coverage Q4 2016

Main expenditure outputs Description Indicator Target Mutual learning seminar addressed to Member-States on reducing the gender pay gap


15

Specific objective 7.17 More equality between women and men in decision-making





Directive on improving the gender balance on boards of listed companies

Adoption by the co-legislators 2016/2017

Regular update of the Online periodical publication by the Throughout 2016

42

Commission database on women and men in decision making

Commission

Main expenditure outputs Description Indicator Target Mutual learning seminar addressed to Member-States on advancing women's participation in political decision making


15 MS

Specific objective 7.18 Increased availability of childcare services







Contributions to the Commission’s Annual Growth Survey (AGS) and the definition of Country Specific Recommendations (CSR)

Contribution sent to SG in time for CSR and AGS

Main expenditure outputs Description Indicator Target n/a Specific objective 7.19 Improved work-life balance for working parents and care-givers





New start for working parents: package of new legislative/non-legislative initiatives relating to the work-life balance with aim to improve the women's participation to labour market, AP reference: 2015/JUST/012




Main expenditure outputs

43

Description Indicator Target n/a Relevant general objective 10: A Union of Democratic Change

Specific objective 10.1 Enhanced EU citizens' democratic participation, including through cross-border information and facilitated participation in the EP elections, and increased legitimacy and accountability of EU decision-making, including by building on the concept of "lead candidates"





Study on facilitating political participation focusing on possibilities of remote voting such as e-voting

Completion 2016

Events organised with OSCE, the EP and the Committee of the regions to gather ideas and exchange best practices to boost democratic participation

Number of events organised End 2016

Enforcement, including through infringement procedures, of the EU acquis on elections

Member States' compliance Ongoing

Main expenditure outputs Description Indicator Target n/a

Electronically signed on 15/03/2016 11:16 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563

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