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Midday Express of 2009-10-29

Reference:  MEX/09/1029    Date:  29/10/2009
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EXME09 / 29.10

MIDDAY EXPRESS

News from the Communication Directorate General's midday briefing

Nouvelles du rendez-vous de midi de la Direction Générale Communication

29 / 10 / 09

The European Commission today adopted a proposal for a Regulation on the investigation and prevention of accidents and incidents in civil aviation. More efficient and independent inquiries into the causes of air accidents are essential to enhance the safety of air traffic. The Commission also aims to strengthen the rights of the victims of air accidents.

The European Commission, in a letter sent today, comments on the draft decision of the Italian telecoms regulator (AGCOM) to impose regulatory obligations on the retail market for access to telephony services and on the wholesale broadband markets. The Commission specifically comments on undertakings offered by Telecom Italia, which introduce significant changes in its internal organisation and are supposed to ensure more transparency and non-discrimination on the markets concerned. These undertakings are part of the proposed obligations and subject to national and Community consultations.

The Commission today opened an infringement procedure against Germany for failing to allocate the 2500-2690 MHz radio frequency band for a wide range of radio services, including fixed wireless services. Under EU radio spectrum harmonisation rules (particularly Commission Decision 2008/477/EC), all EU countries have to ensure that all kinds of telecoms services can utilise this band. At present, Germany only allocates this frequency band to mobile services. This is an obstacle to the deployment of pan-European wireless broadband services and does not respect EU Telecoms rules.

The Commission has today decided to send a letter of formal notice to Poland asking it to change the definition of a subscriber of telecoms services in its national law. Despite a judgment from the European Court of Justice in January 2009 (see C-492/07) calling on Poland to bring its rules in line with EU law, it has still not changed its rules. This means that subscribers who have not signed a written contract such as pre-paid users, who represent more than half of Polish mobile subscribers, may be deprived of many rights provided under EU telecoms rules. Poland could be fined if it does not change this definition and the case proceeds to the European Court of Justice again. The Commission also closed another infringement on lack of market reviews as Poland notified the Commission of the last remaining market in September 2009.

The European Commission decided today to lodge a case to the Court of Justice over Portugal's failure to transpose into its national law common rules on charging heavy goods vehicles.

The European Commission has today sent reasoned opinions to Germany and the Netherlands to correctly implement EU rules prohibiting discrimination on the basis of racial or ethnic origin (Directive 2000/43/EC, see also MEMO/07/257). It has also decided to close the infringement proceedings on the same Directive against Finland and Estonia after they successfully brought national legislation into line with EU requirements.

The European Commission has decided to send a formal request to The Netherlands concerning the award of a public contract for the supply and management of coffee machines by the Province of Noord-Holland. In the Commission's view, the tender procedure used by the Province of Noord-Holland did not meet the requirements of EU public procurement rules, thereby restricting competition. 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.

The Commission has today sent a reasoned opinion to Hungary for incorrectly implementing the Parental Leave Directive (96/34/EC). The Directive aims to improve work-life balance and gave legal effect to the first ever agreement negotiated between trade unions and employers at EU level. It provides for the individual right of workers, men and women, to parental leave on the grounds of the birth or adoption of a child for at least three months.

The European Commission has today sent reasoned opinions to Germany and Italy for incorrectly implementing EU rules prohibiting discrimination based on religion or belief, disability, age or sexual orientation in employment and occupation (Directive 2000/78/EC, see also MEMO/08/69). It has also decided to close infringement proceedings concerning the same Directive against Estonia after it successfully brought national legislation into line with EU requirements.

The European Commission has decided, under Article 228 of the EC Treaty, to send letters of formal notice to Belgium, France, Luxembourg and the United Kingdom requesting compliance with judgments of the European Court of Justice concerning implementation of a Directive on the recognition of professional qualifications. The Commission has also decided, under Article 228 of the EC Treaty, to send a letter of formal notice to Greece requesting compliance with a judgment of the Court concerning implementation of a Directive relating to the accession of Bulgaria and Romania to the EU. Finally, Greece will also receive a reasoned opinion under Article 228 requesting compliance with a judgment of the Court on the recognition of professional qualifications of opticians.

The Economic Sentiment Indicator (ESI) rose to 86.0 (+3.4 points) in the EU and to 86.2 (+3.4) in the euro area. The improvement in October is the seventh consecutive increase in both series since the trough of March 2009. These levels, however, are still well below the respective long-term averages.

The Business Climate Indicator (BCI) for the euro area improved further in October, registering its seventh consecutive increase. The level of the BCI, however, continues to remain very low, suggesting that year-on-year growth in industrial production was still negative in September. The significant rise in the BCI reflects an across-the-board improvement in managers' assessments: production expectations, the perception of the production trend observed in recent months, order books and export order books all went up markedly. Furthermore, managers viewed stocks of finished goods to be closer to appropriate levels, bringing the current reading to just below its long term average.

The European Commission today started legal action against Romania for not respecting EU rules that require the separation between those making telecoms rules and those providing telecoms services. The Commission today sent Romania a letter of formal notice, the first phase of an infringement proceeding. This is the second infringement proceeding the Commission has launched against Romania over the independence of its telecoms regulator. The first case, also ongoing, was launched in January 2009 over the regulator's dismissal (IP/09/165).

The European Commission has taken action to put an end to certain obstacles to the free movement of services in Bulgaria, Luxembourg and Austria. The Commission will send a formal request to Bulgaria concerning national rules that restrict the free circulation of EU lawyers and EU law firms in Bulgaria. 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. The Commission will also refer Luxembourg to the European Court of Justice over its failure to reimburse the cost of medical tests carried out in another Member State. Finally, the Commission will send a letter of formal notice under Article 228 of the EC Treaty requesting compliance with a previous Court judgement on legislation obliging doctors to open an account at a specific bank.

The Commission today moved to the second phase of an infringement proceeding over the UK to provide its citizens with the full protection of EU rules on privacy and personal data protection when using electronic communications. European laws state that EU countries must ensure the confidentiality of people's electronic communications like email or internet browsing by prohibiting their unlawful interception and surveillance without the user's consent. As these rules have not been fully put in place in the national law of the UK, the Commission today said that it will send the UK a reasoned opinion.

La Commission européenne a décidé, en vertu des règles du traité CE relatives aux aides d'État, de saisir la Cour de justice des Communautés européennes d’un recours contre la France, cette dernière ne s’étant pas conformée à une décision de la Commission du 2 avril 2008 (voir IP/08/531). La décision enjoignait à la France de récupérer des aides d'État illégales et incompatibles avec le marché intérieur octroyées à Arbel Fauvet Rail. À ce jour, la France n’a pas encore récupéré ces aides.

The European Commission has decided to remind Spain of its obligation to comply with a Court of Justice ruling of 17 July 2008, which found that regarding certain provisions of the legislation that extends the powers of the Comisión Nacional de Energía (CNE), in so far as they implement a system of prior administrative approval, Spain had failed to fulfil its obligations under EC Treaty rules on the free movement of capital (Article 56) and the right of establishment. The request for information on Spain’s compliance with the Court ruling takes the form of a ‘letter of formal notice’ under EC Treaty infringement procedures related to compliance with Court of Justice rulings (Article 228).

The European Commission has cleared under EC Treaty state aid rules a Danish proposal to grant certain reductions from a new tax on nitrogen emissions (NOX) for particularly heavy polluters. For industry which would be hit particularly hard by the tax, Denmark proposed two measures: the above mentioned NOX tax relief and a full exemption from the existing waste tax. Currently, only one company active in the cement industry would qualify to benefit from the two exemptions. The Commission concluded that the NOX tax relief was necessary and proportionate and as such in line with EU state aid rules. However, the Commission decided to open an in-depth investigation for the waste tax relief, because it had doubts as to the necessity and proportionality of the aid, in particular since the full exemption would leave the company with no incentive to contribute to the environmental objective of the waste tax. The opening of an in-depth investigation gives interested third parties a possibility to submit comments on the proposed measure. It does not prejudge the outcome of the procedure.

The European Commission has authorised, under EC Treaty state aid rules, changes to a Danish short-term export credit insurance scheme initially approved on 5 May 2009 (see IP/09/706). The Commission found the amended scheme to be consistent with the Commission Communication on short-term export-credit insurance and with the Temporary Framework for state aid measures to support access to finance in the current financial and economic crisis (see IP/08/1993). In particular, the measure tackles a clear market failure.

La Commission européenne a décidé, en vertu des règles du traité CE relatives aux aides d'État, de saisir la Cour de justice des Communautés européennes d’un recours contre la France, cette dernière ne s’étant pas conformée à une décision de la Commission du 2 avril 2008 (voir IP/08/531). La décision enjoignait à la France de récupérer des aides d'État illégales et incompatibles avec le marché intérieur octroyées à Arbel Fauvet Rail. À ce jour, la France n’a pas encore récupéré ces aides.

The European Commission has decided to send a reasoned opinion to Slovakia requiring it to implement a Commission decision on hybrid mail. A reasoned opinion is the second step in infringement proceedings under Article 226 of the EC Treaty. . In 2008, the Commission had found Slovakia's remonopolisation of the hybrid mail sector to be incompatible with the Single Market and had ordered Slovakia to end the infringement (see IP/08/1467). To date, Slovakia has not informed the Commission of any measures to implement the Commission's decision. The 2008 Decision has binding and direct effect and is directly enforceable by national courts. The reasoned opinion follows a letter of formal notice sent in December 2008 (see IP/08/1997), to which Slovakia has provided no satisfactory reply. Slovakia now has two months to comply with the reasoned opinion, failing which the Commission may bring the matter to the European Court of Justice.

The European Commission has decided to refer Spain to the European Court of Justice over its failure to lay down effective, proportionate and dissuasive penalties in national law in relation to the EU Regulation on payer information accompanying transfers of funds. The Commission will also refer Estonia to the Court of Justice over non-implementation of the Statutory Audit Directive. Finally the Commission will send a formal request to Luxembourg concerning its implementation of the Market Abuse Directive. 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.

The European Commission has decided to refer Poland to the European Court of Justice with respect to the Act on Special Powers of the Treasury. It considers that this Act and the exercising of the powers it grants in companies of special importance for public order or public security, together with implementing ordinances that grant special rights (consisting of the right to veto certain key management decisions as well as the right to appoint observers in the companies concerned) to the Polish State in currently thirteen national companies of special importance, infringe rules on the free movement of capital and the freedom of establishment in violation of the EC Treaty (Article 56 and 43 respectively). These thirteen companies operate in several sectors including copper ore mining, media/audiovisual, railway infrastructure, electricity, gas and petroleum, motor spirits and diesel oil.

The European Commission has decided to close two infringement cases against Austria and Germany in the area of free movement of services and freedom of establishment. The new laws introduced following the Commission's action will have real practical benefits for EU consumers and service providers: nationals from the Member States that joined the EU in 2004 can now establish a company freely in Austria, a patent agents are no longer required to have an address in Germany for any action at the German office of trademarks and patents.

The European Commission has requested that Portugal amend its tax provisions which impose an exit tax on individuals. The provisions are incompatible with the free movement of persons. The Commission's request is in the form of a ‘reasoned opinion’, the second stage of the infringement procedure provided for in Article 226 of the EC Treaty. If Portugal does not reply satisfactorily to the reasoned opinion within two months, the Commission may refer the matter to the European Court of Justice.

The European Commission has decided to refer Estonia to the Court of Justice over its discriminatory taxation of pensions paid to non-residents. Under Estonian rules, pensions paid to low-income, non-residents are taxed at a higher rate compared to pensions paid to low-income, resident taxpayers.

The European Commission has decided to refer Austria to the European Court of Justice over its discriminatory treatment of certain foreign non-profit institutions in respect of tax benefits in the field of science and research. The Commission considers these rules to be incompatible with the free movement of capital.

The European Commission has formally requested Austria to change its VAT legislation as regards the exclusion of the right to deduct VAT on building costs for properties attributed to assets of a business that are partially used for private purposes. 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 the relevant national legislation is not amended to comply with the reasoned opinion, the Commission may decide to refer the matter to the European Court of Justice.

The European Commission has sent Germany a formal request to amend its legislation which leads to discriminatory taxation of foreign pension institutions. 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 Germany does not reply satisfactorily to this reasoned opinion within two months the Commission may refer the matter to the European Court of Justice.

In Greece, the supply of services consisting in the provision of bowling facilities is subject to the reduced rate of 9% when such facilities are used by members of clubs of the Hellenic Bowling Federation in the framework of organised sport. However, for facilities for non-member, recreational bowlers, , the normal tax rate applies. Through a reasoned opinion under Article 226 of the EC Treaty, the European Commission has called on Greece to end this selective application of the reduced rate of VAT. If Greece fails to comply with the reasoned opinion, the Commission may bring the matter to the European Court of Justice (ECJ).

La Commission européenne a invité la France à modifier le dispositif instaurant un régime dérogatoire optionnel de déclaration et de paiement de la TVA pour les vendeurs non-établis et leurs clients en France. Considérant que ce dispositif, qui implique la désignation d'un représentant fiscal, est incompatible avec la directive TVA, la Commission a engagé la deuxième phase de la procédure d'infraction en adressant à la France un avis motivé.

The European Commission has called on Hungary, through a reasoned opinion under Article 226 of the Treaty, to modify its relevant provisions on car registration tax, 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. Despite some modifications in the law, the Hungarian car tax legislation continues to discriminate against the acquisition of second-hand cars from other Member States. If Hungary fails to comply with the reasoned opinion, the Commission may bring the matter to the European Court of Justice (ECJ).

The European Commission has formally requested the Netherlands to amend its legislation on the VAT exemption applicable to certain fundraising activities. The request is in the form of a reasoned opinion which is the second stage of the infringement proceedings provided for in Article 226 of the Treaty. If the Netherlands fails to comply with the reasoned opinion within two months, the Commission may refer the matter to the Court of Justice of the European Communities.

The European Commission has requested that Poland change its administrative practice concerning the refund of VAT to taxable persons established in another EU Member State. This request takes the form of a reasoned opinion (second step of the infringement procedure provided for in Article 226 of the EC Treaty). If the administrative practice is not amended within two months in order to comply with the reasoned opinion, the Commission may decide to refer the matter to the European Court of Justice.

The European Commission has approved funding for 196 new projects under the second call for the LIFE+ programme (2007-2013), the European fund for the environment. The projects are from across the EU and cover actions in the fields of nature conservation, environmental policy, and information and communication. Overall, they represent a total investment of €431 million, of which the EU will provide €207.5 million.

The European Commission is taking Ireland back to the European Court of Justice, with the possibility of fines, for failing to implement an earlier ruling on quality standards for shellfish waters on the Irish coast. The Commission proposes to ask the Court to impose a lump-sum fine of over €3.8 million and a daily penalty payment of nearly €40,000. However, because Ireland has announced that it is finalising measures to comply with the judgment, the Commission proposes deferring this legal action for three months to allow the Irish authorities to complete the necessary steps. In a separate case, the Commission is sending Ireland a final written warning for allowing changes to development plans without requiring a strategic environmental assessment (SEA).

Today, the European Commission has adopted a proposal on a Joint Baltic Sea Research Programme ('BONUS-169'). The objective is to enhance the Baltic Sea region research capacity to ensure a more sustainable development of the region. The Commission proposes to contribute € 50 million to a joint research investment with eight EU Baltic Sea Member States (Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden). The € 100 million programme will provide a framework for the coordination of their environmental research.

La Commission européenne saisit la Cour de justice à l'encontre de six États membres pour défaut de délivrance d'une nouvelle autorisation ou d'une autorisation actualisée à plus de 1 500 installations industrielles en exploitation sur leur territoire. Les six États membres en question sont le Danemark, la Grèce, les Pays-Bas, le Portugal, la Slovénie et l'Espagne. La Commission adresse également un premier avertissement écrit à l'Autriche, à la France et la Suède au sujet de 1 700 autres installations qui sont exploitées sans autorisation. Dans tous les cas susmentionnés, les autorisations auraient dû être délivrées au plus tard le 30 octobre 2007.

The European Commission has sent a final written warning to Estonia, Slovenia and Sweden over breaches of the EU air quality standards for a dangerous airborne pollutant, fine particulate matter or PM10. The standards entered into force in 2005 and none of the three Member States has requested a time extension to meet them.

The European Commission is pursuing legal action against Poland and Bulgaria for failing to adequately assess the impact of construction projects on protected nature areas. The Commission is also closing a long-running case against Germany on the designation of special bird protection sites.

The European Commission and the US Environmental Protection Agency have agreed today to adopt new ambitious specifications for displays under the EU-US Energy Star Programme. The new criteria are effective as of today, and are expected to trigger about 9 TWh electricity savings during the next five years in the EU which is comparable to the annual electricity consumption of households in Bulgaria. Energy Star is part of the EU's strategy to better manage energy demand, contribute to security of energy supply and mitigate climate change.

In the second quarter of 2009, in both the euro area (EA16) and the EU27, the seasonally adjusted household saving rate continued to increase and the household investment rate to decrease. In both zones, the fall in business investment rates and profit shares continued, though at a lower rate. These data come from a detailed set of quarterly European sector accounts released by Eurostat and the European Central Bank (ECB).

  • Enregistrement de trois dénominations de produits agricoles

La Commission européenne a ajouté trois dénominations de produits agricoles et alimentaires à la liste des appellations d'origine protégées (AOP) et indications géographiques protégées (IGP). Il s'agit de la pâte allemande "Schwäbische Maultaschen" ou "Schwäbische Suppenmaultaschen" (IGP), des griottes italiennes "Amarene Brusche di Modena" (IGP) et des navets espagnols "Grelos de Galicia" (IGP). Les trois dénominations s'ajoutent à la liste d'environ 850 produits déjà protégés en vertu de la législation sur la protection des indications géographiques, des appellations d'origine et des spécialités traditionnelles. Des renseignements sur les produits de qualité ainsi que la liste des dénominations protégées sont disponibles sur l'internet à l'adresse: http://ec.europa.eu/agriculture/quality/index_fr.htm

  • Commission refers Greece to the ECJ over violation of the Community's legislation on official food safety controls in relation to imported cereals

The Commission decided today to refer Greece to the European Court of Justice because the Member State has implemented national rules on food safety controls which are incompatible, in the Commission's view, with existing Community legislation. The national rules relate to food safety controls on cereals imported from third countries and from Bulgaria and Romania. Regulation (EC) No 882/2004 on official controls harmonises food safety controls within the EU and establishes a risk-based control regime, which enables the authorities of the Member States to respond to risks effectively while not impeding trade unnecessarily. Greece has not demonstrated that these national rules are justified by genuine food safety concerns and has provided no explanation for discriminating against Bulgaria and Romania. The referral of the infringement case to the Court may lead to a declaration that the Member State concerned has failed to fulfil an obligation under the EC Treaty and, at a later stage, if the infringement persists, to condemning the Member State to pay a lump sum and/or financial penalty.

  • Public procurement: Commission gives overview of access to utilities procurement markets of non-EU countries

The European Commission has adopted a progress report, to be submitted to the Council, on the state of play of current international negotiations on EU businesses' access to the utilities procurement markets of non-EU countries (known as 'third countries'). The report provides information on the ongoing negotiations within the framework of the World Trade Organisation (WTO), in particular the revision of the Government Procurement Agreement (GPA). It also summarises the following: the developments in the utilities procurement market in the European Economic Area (EEA), which now amounts to € 460 billion; the concluded bilateral negotiations in this field; the market access issues addressed by the Stabilisation and Association Agreements with the western Balkan countries; and the envisaged procurement chapters in the agreements conducted under the European Neighbourhood Policy. Furthermore, the report provides information on current and future bilateral negotiations, and sums up the way forward in the negotiations for increased access to third countries' utilities procurement markets. The report is available at: http://ec.europa.eu/internal_market/publicprocurement/international_en.htm

  • Consumers: Commissioner Kuneva launches European Masters in Consumer Affairs in Munich

European Consumer Commissioner Meglena Kuneva was at the Technical University of Munich today, to inaugurate the European Masters in Consumer Affairs. The Consumer Affairs Masters programme is already run in 13 universities across Europe, with the aim of bringing professionals to the European job market who are specifically trained in consumer issues. Businesses, governments and consumer organisations have indicated a strong interest in hiring such specialised professionals, as the importance of consumer rights and issues are increasingly being recognised, especially in the current economic climate where informed choices can make a real difference to individuals' budgets and the competitiveness of companies. Each university that participates in this Masters programme gets € 50,000 per year in EU funding to prepare and run the course, while the EU also finances 260 grants of up to €3 000 per student. More details on the European Commission’s website for consumer education: http://ec.europa.eu/consumers/empowerment/cons_education_en.htm

  • Conference seeks ways to minimise negative impact of the H1N1 pandemic influenza

In order to minimise the negative impact of the pandemic (H1N1) 2009 influenza, the close coordination at global level of all affected sectors is necessary. To promote this coordination, the Commissioner for Health, Androulla Vassiliou, together with Swedish Minister for Elderly Care and Public Health, Maria Larsson, will open tomorrow in Brussels the conference "Influenza at the interface between humans and animals." About 400 specialists in public and animal health will participate. High level speakers from the European Commission and international organisations, such as the World Health Organisation, the World Organisation for Animal Health and the Food and Agriculture Organisation of the United Nations, are expected to highlight the need for cross cutting policy cooperation across borders in order to minimise the spread of the H1N1 virus in both the human and animal populations over the coming months. Risk assessment strategies, research needs and the use of vaccines are some of the areas the participants will address. More information can be found at: http://ec.europa.eu/health/conference/influenza_en.htm 

  • The first EU Health Journalism Prize to be awarded on 29 October

On 29 October, at a prize-giving ceremony in the Théâtre de Vaudeville in Brussels, Commissioner for Health, Androulla Vassiliou, will announce the first, second and third place winners of the EU Health Journalism Prize. The prize was established in February 2009 with the aim to stimulate high quality journalism on health and to focus attention on the health issues that are included in the 'Europe for Patients' initiatives. The short listed articles cover topics such as patient safety, organ donation and transplantation, cross-border healthcare, mental health, rare diseases and cancer. An article from each member state has been selected by a national jury and all 27 finalists have been invited to Brussels to find out whether they are one of the overall winners. In addition to the award ceremony, the finalists will be taken on a tour of the Commission's audiovisual facilities and press room and will be taking part in a media seminar on the 'Europe for Patients' initiatives. The 27 short listed articles can be found here: http://ec.europa.eu/health-eu/europe_for_patients/prize/national/index_en.htm

Rediffusion

The European Commission today welcomed the decision by the Intergovernmental Panel on Climate Change (IPCC) to let the European Community participate fully in IPCC meetings, a prerogative normally reserved for governments. The IPCC is a United Nations organisation which acts as an objective source of information on climate change. The decision, taken at the IPCC meeting this week, recognises the special status of the European Community and gives Commission representatives the right to speak and to introduce proposals like any IPCC Member, but not to vote. This is in line with what the Commission requested.

In 2005, the EU made the strategic choice to develop an independent European space borne earth observation capacity to deliver services in the environmental and security fields, called Global Monitoring for Environment and Security (GMES). This capacity is designed in a way that is firmly rooted on existing capacities led by the European Space Agency (ESA), Eumetsat and individual countries, complemented by additional EU components to ensure its global dimension. Together these three activity strands are forming the GMES space capabilities. A Communication, adopted today by the European Commission, deals with the achievements and the next steps to bring GMES in a fully operational stage in the most cost efficient way. It however covers only the space component, since it defines largely the scope of the programme as well as of the in situ infrastructure and the overall financial costs.

  • Autre matériel diffusé

• Memo on Questions and answers on BONUS-169

• Speech by President Barroso 'Tackling Climate Change in the New Political Cycle', Brussels