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European Commission Spokesman's Briefing for 09-01-29Midday Express: News from the EU Commission Spokesman's Briefings Directory - Previous Article - Next ArticleFrom: EUROPA, the European Commission Server at <http://europa.eu.int>CONTENTS / CONTENU
MIDDAY EXPRESSNews from the Communication Directorate General's midday briefingNouvelles du rendez-vous de midi de la Direction Générale Communicationb29/01/09[01] Environment: Commission closes two nature protection cases against IrelandThe European Commission has been able to close two long-running cases of nature protection infringements in Ireland. The cases resulted in judgments by the European Court of Justice in 2001 and 2002. One relates to a 1995 deadline to complete a list of nature sites to protect Ireland's most endangered natural habitats and species as part of Natura 2000 – a Europe- wide network of protected areas set up to protect biodiversity and halt species loss. The other concerns measures to recover vegetation in Irish uplands that were extensively damaged by overstocking of sheep from the 1980s onwards. The Commission decisions follow notification by Ireland of over 400 important nature sites and the adoption of measures to restrict sheep numbers on fragile soils to environmentally sustainable levels.[02] Greece: Commission sends final warning over wastewater caseThe European Commission had to send a final written warning to Greece for failing to comply with a European Court of Justice ruling on urban wastewater. The ruling concerns the building of an urban wastewater collecting and treatment system in the Thriassio Pedio area to prevent pollution from being discharged in the Gulf of Elefsina. In the absence of measures to quicken the pace of the installations' construction the Commission could again refer Greece to the European Court of Justice and ask for fines to be imposed.[03] Freedom of establishment: infringement proceedings against France over biomedical laboratoriesThe European Commission has decided to start proceedings before the Court concerning the incompatibility of French legal restrictions on the ownership of capital in biomedical laboratories with the freedom of establishment guaranteed by Article 43 of the EC Treaty. French legislation states that a non-biomedical firm may hold no more than one quarter of the shares of a company operating biomedical laboratories and prohibits any natural or legal person from holding shares in more than two firms set up in order to jointly operate one or more biomedical laboratories. The Commission considers that these restrictions limit the scope for partnerships, especially with legal persons in other Member States, and the freedom of establishment in France of laboratories which are established in other Member States but do not fulfil the criteria imposed by French legislation.[04] Nationality requirements for notaries: Commission takes the Netherlands before the Court of Justice to ensure compliance with non discrimination principleThe European Commission has decided to bring legal proceedings against the Netherlands before the Court of Justice for not yet having adopted the Dutch Government's proposed law abolishing the nationality requirement applicable to those wishing to take up and practise the profession of notary.[05] Freedom to provide services: infringement proceedings against LuxembourgThe European Commission has sent a reasoned opinion to Luxembourg on account of its regulations which require persons wishing to provide services temporarily to obtain an authorisation of establishment. A reasoned opinion is the second stage in infringement proceedings as provided for in Article 226 of the EC Treaty. If it does not receive a satisfactory reply within two months, the Commission may refer the matter to the Court of Justice of the European Communities.[06] Public procurement: Commission requests Portugal to amend discriminatory legislation on the award of certain public service contractsThe European Commission has decided to send a formal request to Portugal regarding its legislation on the award of certain public service contracts, which in the Commission's view is not in conformity with the Public Procurement Directives. This legislation favours legal persons over individuals in the award of public services contracts for certain specific tasks ("tarefa") and for the continued provision of liberal profession services ("avença"). This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.[07] Public procurement: infringement proceedings against Germany concerning procurement of waste disposal services by the city of RostockThe European Commission has decided to send a reasoned opinion to Germany concerning the award of waste disposal contracts by the city of Rostock to the Entsorgungs- und Verwertungsgesellschaft mbH Rostock (EVG) and to the Stadtentsorgung Rostock GmbH (SRG) without carrying out tender procedures. The contracts with EVG concerned the conclusion in 1998 and subsequent modification in 2004 of a contract with a duration of 25 years and a contract value of approximately 150 million Euros. The contracts with SRG in 2004 and 2007 concerned the modifications of previous contracts with an annual contract value of more than 10 million Euros per year. A reasoned opinion is the second stage of the infringement procedure as laid down in Article 226 of the EC Treaty. In the absence of a satisfactory reply within two months, the Commission may decide to refer the matter to the European Court of Justice.[08] Public procurement: infringement proceedings against Italy concerning bank services for University of ParmaThe European Commission has decided to send a reasoned opinion to Italy concerning the award of a contract for banking services for the University of Parma. This is the second stage of the infringement procedure as laid down in Article 226 of the EC Treaty. In the absence of a satisfactory reply within two months, the Commission may decide to refer the matter to the European Court of Justice.[09] Internal Market: infringement proceedings against Luxembourg and GreeceThe European Commission has decided to pursue infringement proceedings against Luxembourg concerning implementation of a Public Procurement Directive and against Greece concerning rules on the provision of postal services.[10] Anti-money laundering: Commission takes action to ensure that France, Poland and Spain implement EU lawsThe European Commission has decided to refer France and Poland to the European Court of Justice over non-implementation of the 3rd Anti-Money Laundering Directive. Reasoned opinions will also be sent to Poland and Spain for not laying down effective, proportionate and dissuasive penalties in national law as required by the Regulation on payer information accompanying transfers of funds. The transposition deadline for the Directive and for notifying the penalties laid down in national law under the Regulation was 15 December 2007.[11] Commissioner Danuta Hübner in Świętokrzyskie: EU Cohesion Policy boosting business, transport and tourismRegional Policy Commissioner Danuta Hübner visits Swiętokrzyskie in Poland tomorrow, where she will see how investment from the European Cohesion Policy is providing a crucial funding injection to boost development, and help the region cope with the current financial crisis. She will meet with Marshal Adam Jarubas and take part in a discussion on the future development of the region. She will visit several notable projects including the renovated City Stadium and Public Library, both of which have received funding through Europe's Cohesion Policy.[12] January 2009: Business Climate Indicator reaches a new all-time low in JanuaryThe Business Climate Indicator (BCI) for the euro area fell again in January, though marginally so, and reached its lowest since January 1985. The latest BCI confirms the expectation that the outcome of the year-on- year industrial production growth for December will also be markedly negative, after the sharp fall recorded in November 2008. The indicator suggests that annual industrial production growth will be clearly negative in January 2009. The drop in the BCI reflects a general deterioration in its underlying components; however, the downward development in the components was less dramatic than in the past three months. Managers report a deteriorating production trend and worsening order books. Looking ahead, they expect production to decline even further. On the positive side, the stocks of finished goods component improved somewhat in January.[13] January 2009: Economic sentiment weakens further in both the EU and the euro areaIn January, the Economic Sentiment Indicator (ESI) for the EU and the euro area declined again, but less sharply than in the last three months of 2008. It fell by 3.3 points in the EU and by 1.5 points in the euro area, to 64.9 and 68.9, respectively. The indicators for both regions stand at their lowest levels since the current series was launched in January 1985.[14] Telecoms: Commission’s efforts lead to closure of five infringement casesThe European Commission today closed five infringement proceedings against EU Member States (Bulgaria, Romania, Slovakia, Luxembourg and Cyprus) after they took steps at national level to correct the problems.Télécommunications: le Portugal est déféré devant la Cour de justice concernant la sélection des prestataires du service universel La Commission européenne a déféré le Portugal devant la Cour de justice des Communautés européennes au motif que les autorités portugaises n'ont pas désigné les entreprises chargées de fournir des services téléphoniques de base selon une procédure de sélection ouverte dont aucune entreprise ne soit a priori exclue, comme l'exige la réglementation de l'UE en matière de télécommunications. Les services tels que la fourniture d'un raccordement au réseau téléphonique et les cabines téléphoniques sont considérés, dans la législation européenne, comme un filet de sécurité garantissant l'insertion sociale. En vertu de la réglementation européenne en matière de télécommunications, toutes les entreprises intéressées doivent avoir une chance d'être désignées pour fournir ces services téléphoniques de base de façon assurer une concurrence équitable. La Commission a engagé une procédure d'infraction l'encontre du Portugal en 2005 (<a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/05/430&format=HTML&aged=1&language=EN&guiLanguage=en">IP/05/430, <a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/142&format=HTML&aged=1&language=EN&guiLanguage=en">IP/08/142). En 2007, les autorités portugaises ont fourni un calendrier concernant le lancement d'un appel d'offres en vue de désigner les prestataires du service universel, mais ce calendrier n'a pas été respecté. Aujourd'hui, la Commission a donc transféré l'affaire devant la Cour de justice. [15] Telecoms: Commission launches infringement case against Romania over independence of regulatorThe Romanian government's decision in 2008 first to remove the President of the national telecoms regulator and then, after a court ruling suspending this decision, to restructure and rename this authority represents, in the view of the European Commission, a serious violation of the regulator's independence. Following repeated warnings, the Commission today opened an infringement proceeding against Romania by sending a letter of formal notice under Article 226 of the EC Treaty to the Romanian government. EU Telecoms Commissioner Reding spoke yesterday morning on the phone with the recently appointed Romanian Minister for Communications and Information Technology, Mr. Gabriel Sandu, – who had inherited this issue from the previous government – to discuss how the current illegality of the legislation in Romania could be changed in conformity with the letter and the spirit of EU law.[16] Telecoms: Commission calls on Bulgarian regulator to reduce mobile termination ratesIn a letter published today, the Commission calls on the Bulgarian telecoms regulator, the Communications Regulation Commission (CRC), to take action to further reduce mobile termination rates that operators charge to connect the call of another operator's customer. Termination rates are an important cost element when consumers call a phone connected to another network. They are included in everyone's phone bill and eventually paid by the calling customer. In 2008, mobile termination rates in Bulgaria where, with 15.09 eurocent/minute, the highest in the EU (EU average: 8.7 eurocent/minute). The Commission also asks CRC not to discriminate when setting the level of termination rates between fixed and mobile networks and to apply similar termination rates for mobile calls originating from other mobile and fixed networks.[17] State aid: Commission clears modified Compensation Fund arrangements for organisation of electricity market in LuxembourgThe European Commission has concluded that the Luxembourg Compensation Fund arrangements for the organisation of the electricity market are compatible, following modifications, with the state aid rules of the EC Treaty, and in particular the guidelines on environmental aid. The Commission had opened a formal investigation in view of its doubts regarding contribution exemptions benefiting certain consumers and payments made to green electricity producers. It also looked into whether imported green electricity was being treated in a discriminatory manner in relation to that produced domestically. However, Luxembourg has provided evidence allaying the Commission’s doubts and has undertaken to modify the scheme. Exemptions from contributions to the Fund have been abolished and compensation mechanisms have been introduced for imported green electricity.[18] State aid: Commission opens in-depth investigation into proposed German capital investment law (MoRaKG)The European Commission has opened a formal investigation under EC Treaty state aid rules into planned German tax advantages for venture capital companies and individuals investing in target enterprises. The German authorities consider that none of these measures fall under the state aid rules. The Commission has, however, doubts because the measures seem to favour certain companies in a selective manner. The Commission has further doubts on the compatibility of the measures with the EU guidelines on risk capital (<a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/1015&format=HTML&aged=1&language=EN&guiLanguage=en">IP/06/1015), in particular because large companies and companies in difficulties seem to be included in the scope of the target enterprises. The opening of an in- depth investigation gives interested parties the possibility to comment on the proposed measures. It does not prejudge the outcome of the procedure.[19] Car taxation: The European Commission calls on Greece to apply a Court ruling on depreciation criteria used to determine the taxable value of used carsThrough a letter of formal notice under Article 228 of the EC Treaty, the European Commission has decided to open a new infringement procedure against Greece regarding its car taxation law. Despite some modifications in the law and a recent European Court of Justice judgement, the Greek car tax legislation still continues to discriminate, in certain cases against the acquisition of second-hand cars from other Member States. The European Commission has therefore requested that Greece modify the relevant provisions of its legislation which provide for the depreciation of value to be applied to second-hand passenger vehicles from other Member States in the determination of their taxable value. If Greece fails to comply with the letter of formal notice, the Commission may send a reasoned opinion to Greece before bringing the matter to the Court of Justice for a second time, seeking the imposition of a penalty payment.[20] Direct taxation: The European Commission requests the United Kingdom to end discriminatory provisions in the area of inheritance taxThe European Commission has formally requested the United Kingdom to amend its legislation which provides for discriminatory inheritance tax relief. The requests take the form of reasoned opinions (second step of the infringement procedure of Article 226 of the EC Treaty). If no satisfactory reaction to these reasoned opinions is received within two months, the Commission may decide to refer the matter to the Court of Justice of the European Communities.[21] Direct taxation: Commission requests Finland to end discriminatory taxation of forest income earned by non-residentsThe European Commission has sent Finland a formal request to amend its legislation which leads to different taxation of forest income depending on the residence of the owner. According to the Finnish legislation, non- residents are not entitled to any deductions for expenses or other types of deductions, which are available to residents for such income. The Commission's request takes the form of a ‘reasoned opinion’ (second step of the infringement procedure of Article 226 of the EC Treaty). If Finland does not reply satisfactorily to the reasoned opinion within two months the Commission may refer the matter to the European Court of Justice.[22] Direct Taxation: The European Commission opens a new infringement procedure against Greece for failure to comply with a Court judgment concerning capital dutyThe European Commission has decided, under Article 228 of the EC Treaty, to open a new infringement procedure against Greece. Despite a 2007 European Court of Justice judgment, Greece has not communicated any changes to its legislation on charging capital duty in the event of transfer of the registered office or the effective centre of management of a company and to the general exemption from that duty to maritime companies. If Greece fails to comply with the letter of formal notice, the Commission may address a reasoned opinion to Greece before bringing the matter to the Court of Justice for a second time, seeking the imposition of penalty payments.[23] Air pollution: Commission starts legal action against 10 Member States over airborne particlesThe European Commission has had to start infringement proceedings against 10 Member States for failing to comply with the EU's air quality standard for dangerous airborne particles known as PM10. These particles, emitted mainly by industry, traffic and domestic heating, can cause asthma, cardiovascular problems, lung cancer and premature death. The Commission's action follows the entry into force last June of the new EU air quality directive, which allows Member States to request, under certain conditions and for specific parts of the country, limited extra time to meet the PM10 standard in force since 2005.[24] Environment: Commission pursues action against 11 Member States over industrial permitsThe European Commission had to take infringement action against 11 Member States for failing to issue new or updated permits for over 4,000 industrial installations already in operation across Europe. Denmark, Ireland and Malta have been sent first warning letters while eight others warned last May will now receive final written warnings. The permits should have been issued by 30 October 2007[25] Company law and corporate governance: Commission takes action to ensure that France, Italy and Poland implement transparency obligations of listed companiesThe European Commission has decided to pursue infringement procedures against three Member States for failure to implement into national law certain Directives regarding transparency obligations of listed companies. Poland will be referred to the European Court of Justice over non- implementation of the Directive on transparency obligations of listed companies. The transposition deadline for the Directive was 20 January 2007. A reasoned opinion will be sent to France and Italy over non- implementation of the general implementing measures to the Transparency Directive supplementing the EU legal framework. The transposition deadline was 8 March 2008. A reasoned opinion is the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.[26] Environmental certification of aircrafts: Commission sends reasoned opinion to GermanyThe European Commission today sent a reasoned opinion to Germany for not recognising a type-certificate issued by the European Aviation Safety Agency (EASA) in accordance with European rules.[27] Maritime safety: Commission requires proper implementation of port State control rulesThe European Commission decided today to send reasoned opinions – the last step before lodging a case to the Court of Justice – to Estonia, France and Latvia for failure to respect EU Directive on port State control of shipping.[28] Working time of lorry and coach drivers: Commission sends reasoned opinion to the NetherlandsThe European Commission today sent a reasoned opinion to the Netherlands for its failure to comply with European social rules for lorry and coach drivers. This is the last step before a formal complaint is sent to the Court of Justice.[29] Free establishment of road transport operators: Commission sends reasoned opinion to GreeceThe European Commission today sent a reasoned opinion to Greece for its failure to comply with European rules on freedom of establishment for operators in the road transport sector. This is the last step before a formal complaint is sent to the Court of Justice.[30] Commission addresses a reasoned opinion to Bulgaria for not compliance with the electricity directiveThe Commission decided today to continue its action against Bulgaria for failure to implement directive 2003/54/EC of the European Parliament and of the Council of 16 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC.[31] 20 Member States still not in compliance with Community legislation promoting energy efficiencyToday, the Commission sent a Reasoned Opinion to twenty Member States who have failed to communicate their transposition of the Energy Services Directive . The Directive aims at strengthening and improving energy end- use efficiency by providing a framework for incentives and energy services.[32] L'Irlande sommée de rectifier sa législation qui permet le nantissement de ses stocks pétroliersLa Commission européenne a décidé aujourd'hui d'envoyer un avis motivé l'Irlande en raison de la non-conformité de sa législation nationale la directive européenne sur les stocks pétroliers de sécurité. La législation communautaire oblige les Etats membres maintenir un niveau minimal de stocks pétroliers. Cette législation impose également que les stocks détenus soient l'entière disposition des Etats membres en cas de difficultés d'approvisionnement en pétrole. La législation irlandaise permet le nantissement de stocks qui ne sont dès lors pas complètement disponibles et mobilisables pour répondre aux besoins en cas d'urgence, ce qui n'est pas conforme aux dispositions communautaires.[33] The Commission continues its action to ensure the implementation of the Directive on security of electricity supplyToday the Commission addressed a reasoned opinion to Sweden for not having communicated the national measures transposing the provisions of the security of supply directive. The Commission confirms its intention to follow up the implementation of internal energy market legislation and underlines the importance of the security of supply in the electricity sector.[34] La Commission assigne la Belgique devant la Cour de Justice pour violation de ses obligations vis- -vis des Ecoles européennesLa Commission européenne a décidé aujourd'hui d'assigner la Belgique devant la Cour de Justice pour son refus, depuis 1995, de prendre en charge les dépenses initiales en mobilier et matériel didactique de certaines Ecoles européennes implantées Bruxelles.[35] Inspection services: Commission closes two cases against Germany following new national legislationThe European Commission has decided to formally close two infringement proceedings against Germany in the areas of vehicle inspection centres and agricultural organic production following the recent adoption of new national legislation that repealed the previous restrictions on the exercise of these activities by EU operators.[36] New European tool for transparency of qualifications creates worldwide interestOver 150 education specialists and policy-makers from 58 countries across the world are coming together in Brussels on 29-30 January to discuss the external dimension of the European Qualifications Framework (EQF), launched in 2008. The EQF is a reference tool that aims to make it easier for people to move between different education and training systems or countries and have their qualifications recognised. EU countries are currently putting in place this voluntary scheme with regard to their own systems. At the same time, many countries in the EU's vicinity and across the world are working on similar schemes and are showing a keen interest in sharing experiences with Europe, or in ways of linking up to the EQF. The conference is organised by the European Training Foundation, a Community Agency based in Torino, Italy. Press Release issued by the European Training Foundation (ETF): <a href="http://www.etf.europa.eu/web.nsf/0b48b8b071a6e703c12570c1002fa98d/5af88046e39622d0c125725d005eff09/$FILE/EQF.Mediarelease.20.01.2009.pdf">http://www.etf.europa.eu/web.nsf/0b48b8b071a6e703c12570c1002fa98d/5af88046e39622d0c125725d005eff09/$FILE/EQF.Mediarelease.20.01.2009.pdf European Commission: <a href="http://ec.europa.eu/education/lifelong- learning-policy/doc44_en.htm">The European Qualifications Framework European Training Foundation homepage: <a href="http://www.etf.europa.eu/">http://www.etf.europa.eu/[37] Food Labelling: the Commission acts against ItalyThe European Commission decided today to send a reasoned opinion to Italy for failure to notify national implementing measures as required by Directive 2007/68/EC (food ingredients). This Directive establishes a list of food ingredients which must be indicated on the label of foodstuffs as they are likely to cause adverse reactions in susceptible individuals. The sending of a "Reasoned Opinion" is the second step in infringement proceedings under Article 226 of the EC Treaty. Italy is requested to take the necessary measures to transpose Directive 2007/68/EC in order to avoid the matter being referred to the Court of Justice.[38] Commission acts to protect animal health in aquaculture: infringement proceedings against 7 Member StatesThe European Commission has sent "Reasoned Opinions" to the governments of Austria, Belgium, Greece, Poland, Portugal, Sweden and United-Kingdom over their failure to notify national implementing measures as required by Council Directive 2006/88/EC. This Directive lays down animal health requirements for aquaculture animals and products and provides for the prevention and control of certain diseases in aquatic animals. The sending of a "Reasoned Opinion" is the second step in infringement proceedings under Article 226 of the EC Treaty. If the Member States concerned are not able to assure the Commission that this Directive is in fact transposed under their national law, the next step will be for the Commission to lodge cases against them with the European Court of Justice.Rediffusion [39] State aid: Commission authorises aid of €457 million to France for Nano2012 R&D programmeThe European Commission has decided not to raise any objections under the EC Treaty state aid rules to the financial support of €457 million granted by France to the Nano2012 research and development (R&D) programme. The STMicroelectronics Group will coordinate the programme, which will involve CEA-LETI and other industrial players and research bodies. Nano2012 is aimed at developing new technologies to design and produce the next generation of integrated circuits. Following an in-depth examination of the aid granted to STMicroelectronics for Nano2012, the Commission concluded that the aid was compatible with the Community guidelines on state aid for research, development and innovation (see <a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/1600&format=HTML&aged=1&language=EN&guiLanguage=en">IP/06/1600). The programme will generate positive externalities in terms of dissemination of knowledge. It is thus designed to compensate for market failure and will have only a limited impact on competition.[40] Aide d'État: la Commission autorise la modification du régime français de renforcement des fonds propres de certains établissements de créditLa Commission européenne a autorisé, en vertu des règles du traité CE relatives aux aides d'État, une modification du dispositif français de renforcement des fonds propres des établissements de crédit approuvé le 8 décembre dernier par la Commission (voir <a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1900&format=HTML&aged=0&language=FR&guiLanguage=en">IP/08/1900). La modification du régime concerne essentiellement la possibilité donnée aux banques d'utiliser des actions de préférences au lieu de titres de dette subordonnée (TSS) pour leur recapitalisation par l'État. Les banques auront également la possibilité de convertir les TSS déj émis en actions de préférence. La Commission a également approuvé une augmentation du budget de la deuxième tranche de recapitalisation qui passe de 10,5 11 milliards d'euros ainsi qu'une extension de la durée du régime jusqu'au 31 août 2009. Le régime ainsi modifié est conforme aux communications de la Commission relatives aux mesures de support aux banques durant la crise (voir IP/08/1495 et <a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1901&format=HTML&aged=0&language=FR&guiLanguage=en">IP/08/1901). Notamment, il prévoit une rémunération adéquate de l’intervention étatique.[41] Autre matériel diffusé• Speech by Vice-President Tajani 'The Use of Space – the European Point of View', Tel Aviv• Speech by Commissioner Potočnik 'Turkey and the EU: a promising partnership in research', Brussels A disposition au secrétariat de Jonathan Todd (BERL 03/315): Notification préalable d'une opération de concentration : Daimler/Evonik/Li-Tec
From EUROPA, the European Commission Server at http://europa.eu.int/ Midday Express: News from the EU Commission Spokesman's Briefings Directory - Previous Article - Next Article |
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