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European Commission Spokesman's Briefing for 08-09-18Midday 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 Communicationb18/09/08[01] La Commission entend exploiter tout le potentiel des languesLa Commission européenne a adopté aujourd'hui une communication intitulée Multilinguisme: un atout pour l'Europe et un engagement commun, qui aborde les langues dans le contexte plus vaste de la cohésion sociale et de la prospérité. En intégrant le multilinguisme dans toute une série de politiques et d'actions communautaires, cette communication vise refléter la réalité d'une Union européenne qui compte plus de 490 millions de citoyens et qui se caractérise par la multiplicité de ses compétences linguistiques et de ses besoins.[02] Commissioners Ferrero-Waldner and Michel on the elections in RwandaBenita Ferrero-Waldner, European Commissioner for External Relations and European Neighbourhood Policy, welcomes the orderly conduct of the elections in Rwanda.[03] Telecoms Rules: 112 infringement cases against Italy, Bulgaria and RomaniaIn a new round of Telecoms infringement proceedings, the European Commission, as guardian of the Treaties, today decided to open a case against Italy on the effectiveness of the single European emergency number 112. The Commission also had to refer Bulgaria and Romania to the European Court of Justice, for the lack of availability of 112 and for lack of caller location for 112 calls.[04] Commission opens three new cases on independence and effectiveness of telecoms regulators in Latvia, Lithuania and SwedenEffective national telecoms regulators are a prerequisite for ensuring fair and effective regulation of the telecoms markets in the interest of effective competition and tangible consumer benefits. This is why the EU Telecoms rules lay down standards and powers for all national authorities which per-form regulatory functions in the field of telecoms, whether these functions are performed by separate regulatory authorities or (as is still the case in some countries) by a ministry. To ensure compliance with these rules, the European Commission today opened three new infringement proceedings against Latvia, Lithuania and Sweden.[05] Telecoms Rules: Commission proceeds with in-fringement cases against Spain, Poland and Cyprus, and closes proceedings against Latvia and FinlandIn a new round of proceedings against possible infringements of EU Tele- coms rules, the Commission today decided to send a reasoned opinion to Spain on universal service requirements and refer Poland and Cyprus to the European Court of Justice on broadband retail regulation and rights of way respectively. At the same time, the Commission could close two pending cases, as Latvia and Finland have taken satisfactory measures related to the Article 7 notification mechanism and must carry rules respectively.[06] Hübner on mission to put focus on stimulating innovation and growth in RomaniaDanuta Hübner, European Commissioner for Regional Policy, will today put emphasis on stimulating innovation and growth in Romania on her mission to the North-East region of the country. The Commissioner will meet representatives of local authorities, and visit projects, including the city of Iaşi, which has been designated as a 'growth pole'. In Bucharest, she will meet the Prime Minister, Mr Călin Popescu Tăriceanu, and other Ministers responsible for the implementation of Cohesion Policy.[07] Sûreté des ports : l'Estonie et le Royaume-Uni en retard de transposition pour la réglementation communautaireAujourd'hui, la Commission européenne a décidé de saisir la Cour de justice contre l'Estonie et le Royaume-Uni pour ne pas avoir transposé en droit national, dans les délais prescrits, les normes européennes sur l'amélioration de la sûreté des ports.[08] Environment: Commission issues final warning to Romania over nature protection shortcomings, closes case against FinlandThe European Commission is taking legal action against Romania for infringing biodiversity legislation. Despite some progress, Romania is still failing to designate sufficient protected areas for migratory and vulnerable wild birds, and is therefore violating the EU's Directive on the conservation of wild birds. A separate nature protection case against Finland has now been closed, as the country has made good its failure to provide sufficient protected areas for species that include the threatened Steller's eider duck. EU Environment Commissioner Stavros Dimas said: "Europe's network of protected areas is a vital safeguard for migratory and vulnerable birds. If one country neglects its duties, the whole of Europe suffers, so it is imperative that all Member States fulfil their obligations in these areas."[09] Public procurement: infringement proceedings against Spain regarding the joint ventures set up by IVVSA and AUMSAThe European Commission has decided to send a formal request to Spain regarding the joint ventures set up by the publicly owned companies IVVSA and AUMSA. In this instance, the Commission considers that, by setting up joint ventures, IVVSA and AUMSA have, in some cases, awarded public procurement contracts to those joint ventures in contravention of certain provisions of Directives 92/50/EEC, 93/37/EEC and 93/36/EEC (now consolidated and amended by Directive 2004/18/EC) and in violation of the principle of equal treatment referred to in those Directives and in Articles 43 and 49 of the EC Treaty. This formal request by the Commission will take the form of a ‘reasoned opinion’, the second stage of infringement proceedings under Article 226 of the EC Treaty. If there is no satisfactory response within two months, the Commission may refer the matter to the European Court of Justice.[10] Public procurement: infringement proceedings against Ireland concerning award procedure for interpretation services by Department of JusticeThe European Commission has formally requested the Irish government to submit its observations on the compatibility with Community law of the procedure for awarding a contract for the provision of interpretation services by the Department of Justice. 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.[11] Professional qualifications: Commission requests information on Spain's compliance with Court judgement on hospital pharmacistsThe European Commission has decided, under Article 228 of the EC Treaty, to send a letter of formal notice to the Spanish authorities requesting information on the measures they have taken to comply with the European Court of Justice's judgement of 8 May 2008 (C-39/07) regarding recognition of professional qualifications of hospital pharmacists.[12] Now 20 European Destinations of Excellence (EDEN) to offer high quality and sustainable tourismEuropean Commission Vice-President Gunter Verheugen awarded twenty localities with the title of “best local intangible heritage destination in Europe” on the occasion of the 7th European Tourism Forum in Bordeaux today. The European Destinations of Excellence awards promote venues where commercial success goes hand in hand with social, cultural and environmental sustainability.[13] Freedom of establishment for pharmacies: infringement proceedings against Germany and PortugalThe European Commission has taken action to put an end to obstacles to the freedom of establishment in Germany and Portugal, by formally requesting these two Member States to modify their legislation on the ownership of pharmacies. These requests take the form of 'reasoned opinions', the second stage of the infringement procedure under 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.[14] Direct taxes: the Commission refers Portugal to the Court of Justice for its discriminatory tax provision against non-Portuguese service providersThe European Commission has decided to refer Portugal to the Court of Justice for its discriminatory tax rules according to which non-resident entities providing services in Portugal are subject to a withholding tax based on the gross amount of their income, whereas domestic providers are taxed only on their net profits. The Commission considers that these rules are incompatible with the EC Treaty, which guarantees the free provision of services.[15] Free movement of services: infringement proceedings against France for obstructing online sales of optical products and glassesThe European Commission will formally request France to amend its national legislation on the sale of optical products and glasses. This formal request will take the form of a ‘reasoned opinion’, the second stage of infringement proceedings under Article 226 of the EC Treaty. If there is no satisfactory response within two months, the Commission may refer the matter to the European Court of Justice.[16] Direct Taxation: The Commission requests Portugal to amend its discriminatory taxation of lottery winningsThe European Commission has sent Portugal a formal request to amend its discriminatory rules that provide for the taxation of foreign lottery winnings whereas winnings from lotteries (Euromilhões e Liga dos Milhões) organised in Portugal by Santa Casa da Misericórdia de Lisboa are exempt from income tax. The Commission considers these rules to be contrary to the EC Treaty and the EEA Agreement, as they restrict the freedom to provide services. This request is in the form of a reasoned opinion, the second stage of the infringement procedure under Article 226 of the Treaty. If Portugal does not amend its law within two months, the Commission may refer the case to the Court of Justice.[17] Direct taxation: The Commission requests Ireland to amend discriminatory tax provisions relating to Savings Certificates and to certain Government, State-issued and State-guaranteed securitiesThe European Commission has formally requested Ireland to amend the discriminatory treatment resulting from a tax exemption for interest on savings certificates issued by the Irish State and the possibility of a tax exemption of certain Government, State-issued and State-guaranteed securities, while interest on similar foreign certificates and securities is not tax exempt These provisions discriminate against taxpayers who wish to invest in similar financial instruments issued in other Member States. The provisions are incompatible with the free movement of capital, as guaranteed by Article 56 of the EC Treaty and Article 40 of the EEA agreement. The request takes the form of a Reasoned Opinion (second step of the infringement procedure provided for in article 226 of the EC Treaty). If there is no satisfactory reaction to the Reasoned Opinion within two months, the Commission may decide to refer the matter to the European Court of Justice.[18] Free movement of capital: Commission refers Portugal to European Court of Justice over special rights held by the State/public entities in EDP (Energias de Portugal)The European Commission has decided to refer Portugal to the European Court of Justice as it considers that the special rights held by the State in EDP discourage investment from other Member States in violation of EC Treaty rules.[19] TVA: la Commission poursuit une action contre la Grèce pour non communication la Commission de la transposition en droit interne de deux directives en matière de TVALa Commission européenne a décidé d'adresser la Grèce deux avis motivé, deuxième étape de la procédure d'infraction prévue l'article 226 du Traité CE, pour non communication des mesures de transposition en droit interne d'une part, de la directive 2006/69/CE du Conseil du 24 juillet 2006 relatives certaines mesures visant simplifier la perception de la TVA et lutter contre la fraude et l'évasion fiscales, et abrogeant certaines décisions accordant des dérogations et d'autre part, de la directive 2006/112/CE du Conseil du 28 novembre 2006 relative au système commun de taxe sur la valeur ajoutée.[20] Free movement of capital: Commission requests Poland to remove investment restrictions on open pension fundsThe European Commission has formally requested Poland to remove restrictions on investment by Polish Open Pension Funds (OPFs) in other Member States. The infringement procedure was initiated by a letter of formal notice in October 2007. Having analysed the reply from the Polish authorities, the Commission still considers that the investment limits in foreign assets imposed on OPFs act as restrictions to the free movement of capital in violation of EC Treaty rules. The Commission's request takes the form of a reasoned opinion, the second stage of infringement procedures under Article 226 of the EC Treaty. Should the Polish authorities not take satisfactory steps to remedy the infringement of EU law within two months of receiving the reasoned opinion, the Commission may decide to refer the case to the European Court of Justice.[21] Free movement of services: infringement proceedings against Italy over extrajudicial debt recovery services shelvedThe European Commission has decided to shelve infringement proceedings against Italy. Italy has implemented the judgment of the Court of Justice of July 2007 which confirmed that certain national provisions concerning extrajudicial debt recovery agencies are incompatible with the freedom of establishment (Article 43 of the EC Treaty) and the free movement of services (Article 49).[22] Internal Market: closure of infringement procedure concerning Hungarian fee for pharmaceutical sales representativesThe European Commission has decided to close an infringement procedure concerning Hungarian legislation which regulates the promotion activities undertaken by pharmaceutical companies employing sales representatives.[23] Direct taxation: Commission requests Sweden to change restrictive exit tax provisions for companiesThe European Commission has formally requested Sweden to change its tax provisions which impose an exit tax on companies ceasing to be taxable in Sweden. The provisions are incompatible with the freedom of establishment as guaranteed by Article 43 of the EC Treaty and Article 31 of the EEA Agreement. The request takes the form of a reasoned opinion (second step of the infringement procedure provided for in Article 226 of the EC Treaty). If there is no satisfactory reaction to the reasoned opinion within two months, the Commission may decide to refer the matter to the Court of Justice of the European Communities.[24] Internal Market: Commission closes infringement procedure against Finland concerning company representativesThe European Commission has decided to close an infringement procedure against Finland relating to the obligation of EU/EEA companies to have a representative resident in Finland with unlimited responsibility for tax debts.[25] Direct Taxation: The Commission requests Greece to amend its discriminatory tax provisions applicable to the acquisition of a first residential real estate in GreeceThe European Commission has sent Greece a formal request to amend its rules which give permanent residents in Greece a tax exemption on the real estate transfer tax for their first residential property purchase, but do not grant the same exemption to first-time residential buyers who do not yet live permanently in Greece but intend to do so in the future. Furthermore, Greece is requested to abolish its discriminatory rules that, under certain circumstances, allow a real estate transfer tax exemption to Greek nationals living abroad when they are acquiring their first residential real estate in Greece, but do not allow the same exemption to foreign nationals. This request is in the form of a reasoned opinion, the second stage of the infringement procedure under Article 226 of the Treaty. If Greece does not amend its law within two months, the Commission may refer the case to the Court of Justice.[26] Corporate taxation: Commission requests the United Kingdom to properly implement an ECJ ruling on cross-border loss compensationThe European Commission has sent the United Kingdom a formal request to properly implement the European Court of Justice (ECJ) judgment in Marks & Spencer on cross border loss compensation. In the legislation meant to implement the Marks & Spencer ruling, the United Kingdom imposes conditions on cross border group relief which make it virtually impossible for tax payers to benefit from the relief. The Commission considers that this is contrary to the EC Treaty. The request is in the form of a ‘reasoned opinion’ under Article 226 of the EC Treaty. If the United Kingdom does not reply satisfactorily to the reasoned opinion within two months the Commission may refer the matter to the European Court of Justice.[27] 4-year Action Plan and European Alliance on Drugs strengthen Europe's fight against drugs useToday the Commission adopted "An EU Drugs Action Plan for 2009-2012" which proposes wide-ranging measures to strengthen European cooperation to curb the adverse consequences of drug use and cut drug-related crime. These measures also include a European Alliance on Drugs to reduce the harm caused by drugs in our society. Through the European Alliance on Drugs, the Commission also calls on government bodies, public services and voluntary organisations to work in partnership.[28] 5,955 Italian textile workers to get help from EU Globalisation FundThe European Commission has today approved four applications from Italy for assistance under the European Globalisation adjustment Fund (EGF). The Commission will now make a proposal to the European Parliament and the Council to mobilise the budgetary resources. The funding will help almost 6, 000 workers in the textiles sector back into employment. The applications – for a total of €35,158,075 – concern workers made redundant in a large number of mainly small enterprises in four different Italian regions: Sardinia, Piedmont, Lombardy and Tuscany.[29] Internal Market: Commission acts to ensure that 12 Member States implement EU lawsThe European Commission has decided to pursue infringement procedures against 12 Member States for failure to implement certain Internal Market Directives into national law. The Commission will refer Austria, Belgium, Cyprus, France, Greece, Ireland, Portugal and Spain to the European Court of Justice over non-implementation of a Directive on recognition of professional qualifications. Denmark will also be sent a reasoned opinion on the same grounds. The Netherlands will be referred to the Court over non- implementation of a Directive on transparency obligations of listed companies, as will the United Kingdom over non-implementation of a Directive on motor insurance. Finally, the Commission has decided, under Article 228 of the EC Treaty, to send a letter of formal notice to Luxembourg requesting information on its compliance with a previous Court judgement concerning implementation of a Directive on public procurement.[30] Stoiber Group launches “Best Idea for Red Tape Reduction Award”As the European Commission continues its progress towards its goal of reducing administrative burdens for enterprises by 25 percent in 2012, citizens and entrepreneurs are now invited to come forward with their practical ideas for cutting red tape. The High Level Group of Independent Stakeholders on Administrative Burdens (HLG AB) launched today a new competition “Best Idea for Red Tape Reduction Award”. The competition was presented by Dr. Edmund Stoiber, Chairman of the HLG AB, Member of the European Parliament Jan Mulder, Johanna Maij-Weggen (CoR ), Jorge Pegado Liz (EESC ), Daniel Trnka (representative of the upcoming Czech Council Presidency), Malgorzata Kaluzynska (Standard Cost Model – Network, SCM), Frank Frick (Bertelsmann Stiftung) and Michael Gibbons (entrepreneur, member of the HLG AB).[31] Broadband: Commission consults on regulatory strategy to promote high- speed Next Generation Access networks in EuropeThe European Commission has launched a public consultation on the regulatory principles to be applied by EU Member States to Next Generation Access broadband networks (NGA). NGA optical fibre-based networks enable bitrates several times higher than those currently available on traditional copper wire networks. NGAs are required to deliver high-definition content (such as high definition television) and interactive applications. The objective of a common regulatory framework for NGA is to foster a consistent treatment of operators in the EU and thereby ensure the necessary regulatory predictability to invest. The Commission is consulting on the basis of a draft Recommendation, addressed to the regulators in the 27 EU Member States and suggesting definitions for harmonized categories of regulated services, access conditions, rates of return and appropriate risk premiums. The public consultation will be open until 14th November 2008. The Commission will then finalise the Recommendation in the light of comments received and formally adopt it in 2009.[32] La proposition de la Commission améliore le bien-être des animaux au moment de leur abattageLa Commission européenne a adopté aujourd'hui une proposition de règlement qui améliore la protection des animaux au moment de l'abattage ou de la mise mort et veille ce qu'ils soient traités humainement. Pour simplifier la législation existante et l'aligner sur la réglementation en matière d'hygiène alimentaire, la proposition intègre les considérations relatives au bien-être des animaux dans la conception des abattoirs et demande que l'efficacité des techniques d'étourdissement soit surveillée de façon régulière. Les abattoirs sont tenus de désigner un responsable du bien-être des animaux et de veiller ce que leur personnel soit dûment formé et qualifié. Les fabricants de matériel d'étourdissement devront fournir des instructions pour garantir le bien-être des animaux et un certain nombre de normes techniques sont actualisées pour tenir compte des progrès scientifiques. Les États membres devront créer des centres, fondés sur la recherche, qui apporteront un soutien permanent et compétent aux inspecteurs officiels. Les autorités responsables devront également rendre davantage compte au public lorsqu'elles procéderont des mises mort massives en cas de maladies contagieuses. Chaque année, près de 360 millions de porcins, d'ovins, de caprins et de bovins ainsi que plusieurs milliards de volailles sont tués pour leur chair dans les abattoirs de l'Union européenne. En outre, quelque 25 millions d'animaux sont tués pour leur fourrure. La lutte contre les maladies contagieuses peut également nécessiter la mise mort de milliers, voire de millions, d’autres animaux.[33] Sûreté aérienne: la Commission européenne prend des mesures l’encontre de la GrèceLa Commission européenne a décidé aujourd'hui d’adresser un avis motivé la Grèce pour manquement l’application des règlements communautaires relatifs la sûreté de l’aviation civile. Cela concerne en particulier les prescriptions relatives aux activités de contrôle de conformité des aéroports et des opérateurs menées au niveau national.[34] Reasoned opinion addressed to Belgium for failing to fully transpose the Directive on the granting of authorisations relating to hydrocarbon depositsThe European Commission has decided to send a reasoned opinion to Belgium as a result of the country's non-compliance with Community legislation aimed at guaranteeing non-discriminatory access to activities relating to the prospection, exploration and production of hydrocarbons.[35] Internal market in natural gas: the Commission sends reasoned opinion to PolandThe European Commission has today decided to send a reasoned opinion to Poland for failure to fully implement the Directive on common rules for the internal market in natural gas . A reasoned opinion is the last step in the infringement procedure before referral to the Court of Justice.[36] Commission clears joint venture between CLN and WagonThe European Commission has granted clearance under the EU Merger Regulation to the joint ventuire between CLN Coils Lamiere Nastri SpA (CLN) of Italy and Wagon plc of the UK. CLN is active in the development, production and sales of metal components, flat rolled steel products and wheels for cars, commercial vehicles and motorbikes. Wagon develops, produces and sells vehicle body structures for the automotive industry. The joint venture, WM Srl, will develop, produce and sell roll-formed steel beams for commercial vehicles and truck chassis. The operation was examined under the simplified merger review procedure.Rediffusion [37] Competition: Commissioner Kroes hosts consumer and industry Roundtable on opportunities and barriers to online retailing and the European Single MarketThe opportunities created by and barriers to increased online retailing in Europe were the focus of the Online Commerce Roundtable comprising senior consumer and industry representatives hosted at the European Commission's Brussels headquarters on 17th September by European Commissioner for Competition Neelie Kroes. The Roundtable will produce a short report for the Commission which will be published later this year to invite further comments from third parties. As regards online music, there was agreement that pan-European services require pan-European solutions. The Commission has published the issues paper for the group and invites all interested parties to submit their own comments on the issues paper by 15 October 2008. All comments submitted will be published on the Commission's website.[38] Common Fisheries Policy: Commission launches a mid-term reviewThe European Commission today endorsed a paper put forward by Commissioner for Maritime Affairs and Fisheries Joe Borg containing an analysis of the achievements and shortcomings of the functioning of the Common Fisheries Policy further to its reform in 2002 . While Commissioners agreed that the 2002 Reform package had done much to improve the way EU fisheries are managed, a number of challenges continue to exist. Short-term decision- making coupled with irresponsible behaviour by certain parts of the industry, continued to penalise those fishermen who act for the common good. The result is a vicious circle which has undermined both the ecological balance of our oceans and the economic profitability of the sector. The Commission therefore proposes that a full review of the CFP should be launched immediately, in order to prepare the ground for a major reform of the institutional framework of European fisheries management.[39] Autre matériel diffusé• Memo on The twenty European destinations of excellence in tourism and intangible heritage• Memo on EU action plan on drugs 2009-2012 • Memo on Broadband: Commission consults on regulatory strategy to promote high-speed Next Generation Access networks in Europe – frequently asked questions (see also IP/08/1370) • Memo on The United Kingdom (UK): Operational Programme "European Fisheries Fund 2007-2013" • Memo Questions et réponses sur la proposition relative la protection des animaux au moment de leur mise mort • Speech by Commissioner Kroes 'Making online commerce a reality', Brussels • Speech by Commissioner Ferrero-Waldner 'EU/Central Asia: a Partnership on Security Issues', Paris • Speech by Commissioner Rehn 'The EU and the Western Balkans: the Critical Year of 2009', Prague • Speech by Commissioner Mandelson 'Is climate change policy incompatible with free trade?', Oslo • Speech by Commissioner McCreevy 'The importance of smaller quoted
companies to the European economy', London
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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