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European Commission Spokesman's Briefing for 08-10-16

Midday Express: News from the EU Commission Spokesman's Briefings Directory - Previous Article - Next Article

From: EUROPA, the European Commission Server at <http://europa.eu.int>


CONTENTS / CONTENU

  • [01] Public procurement: infringement procedures against Greece
  • [02] Public procurement: Commission asks Italy for information on compliance with Court judgement on helicopter purchase contracts
  • [03] Public procurement: infringement proceedings against Germany concerning road maintenance services and flight measure services
  • [04] Reimbursement of the cost of cross border medical treatment: infringement proceedings against Spain, France, Luxembourg and Portugal
  • [05] Freedom to provide services: infringement proceedings against Austria, Belgium, Germany, Italy and the United Kingdom
  • [06] Company law and corporate governance: Commission takes action to ensure that 12 Member States implement EU laws
  • [07] Internal Market: Commission takes action to ensure that 10 Member States implement EU laws
  • [08] Free movement of capital: Commission closes infringement proceedings against Italy regarding new regime for motorway concessions
  • [09] Anti-money laundering: Commission takes action to ensure that Belgium, Ireland, Spain and Sweden implement EU laws
  • [10] Visit to Austria and Hungary: Commissioner Hübner salutes renewable energy and cross-border success story
  • [11] Re-use of Public Sector Information: Commission launches infringement proceedings against Poland and Sweden
  • [12] Lancement du réseau européen de développement rural
  • [13] Telecoms Rules: Commission closes Universal Service Infringement Case against France
  • [14] European Commission provides €15 million for emergency food aid in the Horn of Africa
  • [15] Eradicating poverty: the 2010 European Year starts today!
  • [16] Case closed: emergency services in Poland now receive caller's location for 112 mobile calls
  • [17] Excise duties: the European Commission decides to bring Italy before the European Court of Justice for its tax legislation which favours regenerated lubricating oil produced from used oil collected in Italy
  • [18] Direct taxation: The European Commission requests Spain to change restrictive exit tax provisions for individuals
  • [19] Direct Taxation: The European Commission requests Estonia to amend its discriminatory taxation of pensions paid to non-residents
  • [20] Direct taxes: The European Commission requests Spain to end discriminatory taxation of non-resident taxpayers
  • [21] Climate change: projections show EU on track to meet Kyoto emission targets
  • [22] Droits portuaires: L'Espagne poursuivie par la Commission devant la Cour de justice
  • [23] Sécurité maritime: la Commission prend des mesures contre le Royaume- Uni
  • [24] Environment: Commission sends final warning to Spain over illegal landfills
  • [25] Environment: Commission warns Greece and Hungary over nature protection shortcomings
  • [26] Commission acts on excessive working time in Greece
  • [27] A EU27 external trade surplus of € 2.6 billion with Canada in 2007
  • [28] Commission clears acquisition of Barclays Life by LAHC
  • [29] Commission refers Italy to the European Court of Justice for non transposition of Avian Influenza Directive (2005/94/EC)
  • [30] Tissues and Cells Directives: Commission takes Belgium, Italy, Portugal and Sweden to Court
  • [31] Mergers: Commission clears proposed acquisition of Distrigaz by Eni
  • [32] Commissioner Piebalgs underlines the need to reinforce rules on nuclear safety
  • [33] Accounting standards: Commission adopts changes to mitigate consequences of financial turmoil
  • [34] Autre matériel diffusé Midday Express of 2008-10-16 Reference: MEX/08/1016 Date: 16/10/2008 EXME08 / 16.10

    MIDDAY EXPRESS

    News from the Communication Directorate General's midday briefing

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

    16/10/08


  • [01] Public procurement: infringement procedures against Greece

    The European Commission has decided to send two formal requests to Greece in the area of public procurement. The first concerns the tendering procedure launched by the "Company for Water Supply and Drainage of Athens" (E.YD.AP. S.A.) for the award of the project “Main Drainage Collectors of the West Part of Thriassion Field”. The second concerns a number of tendering procedures carried out by various local authorities over the period between 2003 and 2005 relating to the award of contracts for the supply of vehicles for the transport of waste. These formal requests take the form of "reasoned opinions", 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.

    [02] Public procurement: Commission asks Italy for information on compliance with Court judgement on helicopter purchase contracts

    The European Commission has decided, under Article 228 of the EC Treaty, to send a letter of formal notice asking Italy for full information on its compliance with a 2008 judgment of the European Court of Justice concerning the award of supply contracts for the purchase of helicopters. If the Italian authorities still do not comply, the Commission will send a reasoned opinion to the Italian government and, ultimately, can ask the Court to impose a penalty payment.

    [03] Public procurement: infringement proceedings against Germany concerning road maintenance services and flight measure services

    The European Commission has decided formal requests to Germany concerning the conclusion of public service contracts for the maintenance of district roads by administrative districts (Landkreise) in eight German States (Länder), and concerning the award of a public service contract in 2002 for the provision of flight measure services. These formal requests take the form of "reasoned opinions", 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.

    [04] Reimbursement of the cost of cross border medical treatment: infringement proceedings against Spain, France, Luxembourg and Portugal

    The European Commission has decided to bring actions before the European Court of Justice against Portugal and France and to send reasoned opinions to Spain and Luxembourg with regard to cases where the cost of medical treatment received in another Member State has not been reimbursed. The Court of Justice has on several occasions expressed its opinion on the reimbursement of medical expenses incurred in another Member State and recognised patients’ rights not granted in these countries.

    [05] Freedom to provide services: infringement proceedings against Austria, Belgium, Germany, Italy and the United Kingdom

    The European Commission has taken action to put an end to restrictions on freedom to provide services in five Member States. The Commission will refer Italy to the European Court of Justice over its regulations on compulsory maximum fees for lawyers' services. The Commission will send reasoned opinions to the United Kingdom concerning its regulations on trademarks and to Austria concerning its regulations on insolvency. The Commission will also send supplementary reasoned opinions to Belgium concerning the rights of European temporary employment agencies and to Germany concerning employee training in the Federal State of North Rhine- Westphalia. 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.

    [06] Company law and corporate governance: Commission takes action to ensure that 12 Member States implement EU laws

    The European Commission has decided to pursue infringement procedures against 12 Member States for failure to implement into national law certain Internal Market Directives in the area of company law and corporate governance. The Commission will refer Belgium, Greece, Spain, France, Portugal and Sweden to the Court over non-implementation of the Cross- Border Mergers Directive. A reasoned opinion will be sent to Luxembourg for the same reason. The Commission will also send reasoned opinions to Belgium, Spain, Luxembourg, Portugal and Romania regarding the Directive simplifying the formation, maintenance and alteration of companies' capital, and to the Czech Republic, Hungary, the Netherlands and Poland regarding a Directive on transparency obligations of listed companies. 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.

    [07] Internal Market: Commission takes action to ensure that 10 Member States implement EU laws

    The European Commission has decided to launch infringement proceedings against 10 Member States for failure to implement certain Internal Market Directives into national law. The Commission will refer Germany, Hungary, Luxembourg, Poland, Sweden and the United Kingdom to the Court over non- implementation of a Directive on recognition of professional qualifications. The Commission will also refer Belgium, the Czech Republic, Greece, Poland and Portugal to the Court over non-implementation of a Directive on reinsurance.

    [08] Free movement of capital: Commission closes infringement proceedings against Italy regarding new regime for motorway concessions

    Following reforms in the Italian motorway sector, the European Commission has decided to close an infringement procedure against Italy concerning restrictions on the free movement of capital and on the freedom of establishment.

    [09] Anti-money laundering: Commission takes action to ensure that Belgium, Ireland, Spain and Sweden implement EU laws

    The European Commission has decided to refer Belgium, Ireland, Spain and Sweden to the European Court of Justice over non-implementation of the 3rd Anti-Money Laundering Directive. The transposition deadline for the Directive was 15 December 2007.

    [10] Visit to Austria and Hungary: Commissioner Hübner salutes renewable energy and cross-border success story

    Danuta Hübner, European Commissioner for regional policy, is visiting Burgenland in Austria today to see first-hand how European cohesion policy investment is helping the region to develop cutting-edge technologies in the renewable energy sector and to strengthen cooperation with its neighbouring regions of Nyugat-Dunántúl and Közép-Dunántúl in Hungary.

    [11] Re-use of Public Sector Information: Commission launches infringement proceedings against Poland and Sweden

    The European Commission today launched infringement proceedings against Poland and Sweden for failing to fully implement rules providing common conditions for the re-use of information produced, collected and shared by public bodies in the EU. The Commission is sending letters of formal notice (the first step of an infringement proceeding) to Poland and Sweden for incomplete and incorrect transposition of the EU Directive of 2003 on the re-use of public sector information (the PSI Directive). Both Polish and Swedish legislation fail to fully implement several provisions of the PSI Directive, including those that prohibit exclusive arrangements and discrimination. These are crucial in order to open monopoly markets to competition and guarantee equal conditions for all potential re-users.

    [12] Lancement du réseau européen de développement rural

    La Commission européenne lancera demain le réseau européen de développement rural dans le cadre de la grande conférence qu'elle organise Chypre sur le thème du développement rural. Ce réseau réunira des responsables politiques, des administrateurs, des universitaires et d'autres acteurs-clés de ce secteur, tous issus des différents États membres, et facilitera l'échange d'idées, d'informations et d'expériences. Ainsi, la politique de développement rural de l'Union européenne pourra continuer répondre aux exigences du 21e siècle.

    [13] Telecoms Rules: Commission closes Universal Service Infringement Case against France

    In today’s round of telecoms infringement proceedings, the European Commission closed the case against France over the designation of universal service providers, following changes to French rules. EU rules under the Universal Service Directive provide a safety net guaranteeing a minimum level of services such as connection to a telephone network and basic internet access that fill societal needs not delivered by the market. The Commission launched a case against France in 2005 because its procedure for designating providers of the universal service was only open to operators offering nationwide services. EU rules say that the process should not discriminate against any operator interested in providing the service only in parts of a country. France amended its rules after the European Court of Justice ruled in favour of the Commission in June 2008. These amendments will ensure that no telecoms provider interested in providing the universal service in parts of the country will be excluded from a designation process in advance.

    [14] European Commission provides €15 million for emergency food aid in the Horn of Africa

    As the international community today marks World Food Day 2008, the European Commission has adopted a new emergency funding decision of €15 million for food assistance in the Horn of Africa. The decision aims at saving lives and relieving suffering in one of the world's most vulnerable regions. The food crisis in the Horn of Africa has been caused by a combination of climatic shocks (in particular drought), local food inflation linked to high international prices, increased costs for fuel, transport and fertilisers, as well as other issues like security. The total amount allocated by the Commission to food assistance worldwide in 2008 has now been boosted by €100 million to more than €323 million.

    [15] Eradicating poverty: the 2010 European Year starts today!

    On the eve of the International Day for the Eradication of Poverty, ministers from around the EU are holding a high-level meeting dedicated to fighting poverty and promoting social inclusion. 2010 will be the European Year for Combating Poverty and Social Exclusion and today's meeting in Marseille, France, marks the kick-off for preparations across Europe. NGOs, local authorities and everyone working against exclusion are invited to participate in the campaign. The initiative will have a budget of at least €26 million, including €17 million of EU funding.

    [16] Case closed: emergency services in Poland now receive caller's location for 112 mobile calls

    Today the European Commission closed an infringement case against Poland for the lack of availability of caller location after the Polish authorities confirmed that it has been available for calls to the European emergency number 112 since 30 June. Under EU rules, Member States must ensure that operators provide emergency centres with the location of people calling 112 from fixed or mobile phones. This makes it much easier to respond to accidents and emergencies, especially as a survey earlier this year showed that only 53% of Europeans travelling abroad are able to provide the exact location of emergencies when they call 112 (<a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/198&format=HTML&aged=1&language=EN&guiLanguage=en">IP/08/198). The case was opened in 2006 because caller location information was not available for 112 calls made from mobile phones.

    [17] Excise duties: the European Commission decides to bring Italy before the European Court of Justice for its tax legislation which favours regenerated lubricating oil produced from used oil collected in Italy

    The European Commission has decided to bring Italy before the European Court of Justice regarding its tax legislation which discriminates against regenerated lubricating oil coming from other Member States and discourages Italian manufacturers from using used oil collected in other Member States in the regeneration process. Despite the Commission's request (IP/07/998) to ensure an equal treatment of domestic and foreign products in accordance with Article 90 of the EC Treaty, Italy has not taken timely action to extend the tax advantage granted only to lubricating oil made from used oil collected in Italy.

    [18] Direct taxation: The European Commission requests Spain to change restrictive exit tax provisions for individuals

    The European Commission has formally requested Spain to change its tax provisions which impose an exit tax on individuals who cease to be tax resident in Spain. The provisions are incompatible with the free movement of persons provided for in Articles 18, 39, 43 of the Treaty and Articles 28 and 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.

    [19] Direct Taxation: The European Commission requests Estonia to amend its discriminatory taxation of pensions paid to non-residents

    The European Commission has sent Estonia a formal request to amend its rules that provide for higher taxation of pensions paid to non-residents in comparison to pensions paid to resident taxpayers 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.

    [20] Direct taxes: The European Commission requests Spain to end discriminatory taxation of non-resident taxpayers

    The European Commission has formally requested that Spain change its tax provisions according to which non-residents are taxed on the gross amount of their income, whereas residents are only taxed on their net income. The Commission considers that these rules are incompatible with the EC Treaty, which guarantees the free movement of persons and workers, the freedom to provide of services and the free movement of capital. 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.

    [21] Climate change: projections show EU on track to meet Kyoto emission targets

    The EU and most member states are on track to deliver on their Kyoto Protocol commitments for reducing or limiting emissions of greenhouse gases, the Commission's annual progress report on emissions shows. The latest projections from member states indicate that the EU-15 will achieve its 8% reduction target through a combination of policies and measures already taken, the purchase of emission credits from projects in third countries, and forestry activities that absorb carbon from the atmosphere. Additional measures under discussion in a number of member states would bring a further 3.3% reduction, enabling the EU-15 to do better than its target requires.

    [22] Droits portuaires: L'Espagne poursuivie par la Commission devant la Cour de justice

    La Commission européenne a décidé aujourd’hui de saisir la Cour d'un recours contre l'Espagne dont la législation nationale prévoit des droits portuaires discriminatoires en infraction avec le droit communautaire.

    [23] Sécurité maritime: la Commission prend des mesures contre le Royaume- Uni

    La Commission européenne a décidé aujourd'hui de saisir la Cour de justice contre le Royaume-Uni pour non-respect de la législation communautaire relative la pollution causée par les navires et aux sanctions appliquées aux responsables de rejets polluants. Elle a également décidé d'adresser un avis motivé aux autorités britanniques pour transposition incorrecte de la législation sur le système européen de suivi du trafic des navires.

    [24] Environment: Commission sends final warning to Spain over illegal landfills

    The European Commission has sent Spain a final written warning for poor application of EU legislation on the treatment of waste. Spain still needs to close and restore 87 illegal landfills which are receiving 660,000 tonnes of waste per year. In addition, a large number of illegal landfills that have been closed need to be restored. This final warning follows an initial warning sent in March last year about the existence and operation of illegal and uncontrolled landfill sites in the country. The Commission's action is the result of a lengthy appraisal of Member States' compliance with the waste directive. The directive oversees the operation of landfill sites, and is vital in protecting human health and the environment against potential hazards caused by waste.

    [25] Environment: Commission warns Greece and Hungary over nature protection shortcomings

    The European Commission is taking legal action against Greece and Hungary for failing to implement biodiversity legislation. Greece has already been taken to court over the matter, but 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. In a separate case, Hungary is receiving a first warning about its failure to protect the Sajólád Wood in the east of the country, and for wider problems with the implementation of Natura 2000 in its national legislation.

    [26] Commission acts on excessive working time in Greece

    The European Commission has today sent a letter of formal notice to Greece for failure to comply with EU rules on maximum working time as regards doctors in public health services. The Greek authorities now have two months to reply.

    [27] A EU27 external trade surplus of € 2.6 billion with Canada in 2007

    Between 2000 and 2007, EU27 exports of goods to Canada grew from € 21.1 billion to € 25.9 billion, while EU27 imports from Canada rose from € 19.0 billion to € 23.3 billion. As a result the EU27 surplus in trade with Canada increased slightly from € 2.1 billion in 2000 to € 2.6 billion in 2007. The share of Canada in the EU27's total external trade in goods has fallen between 2000 and 2007. In 2007, Canada accounted for 2.1% of EU27 exports and 1.6% of EU27 imports, and was the EU27's eleventh most important trading partner. On the occasion of the European Union - Canada summit, which will take place on Friday 17 October 2008 in Montreal, Eurostat issues data on trade and investments between the EU and Canada.

    [28] Commission clears acquisition of Barclays Life by LAHC

    The European Commission has granted clearance under the EU Merger Regulation to the acquisition of sole control of Barclays Life Assurance Company Limited and its subsidiary BLAC Limited (Barclays Life) of the UK by Life Assurance Holding Corporation Limited (LAHC) of the UK, controlled by undertaking Swiss Reinsurance Company (Swiss Re) of Switzerland. LAHC is a specialist acquirer and consolidator of life assurance companies. Swiss Re supplies reinsurance, life and non-life insurance. Barclays Life supplies life insurance in the UK and holds a closed book of pensions/annuities business. The operation was examined under the simplified merger review procedure.

    [29] Commission refers Italy to the European Court of Justice for non transposition of Avian Influenza Directive (2005/94/EC)

    Today the European Commission has decided to refer Italy to the European Court of Justice for the non-transposition of Community measures for the control of avian influenza. Directive 2005/94/EC sets measures to prevent and control avian influenza. Member States were obliged to implement the Directive by 1st September 2007. This is now the third stage in the infringement procedure against Italy, - on 24 September 2007, the Commission sent a "letter of formal notice", which was followed by a "reasoned opinion" on 6 June 2008.

    [30] Tissues and Cells Directives: Commission takes Belgium, Italy, Portugal and Sweden to Court

    Today, the European Commission has decided to take Belgium, Italy, Portugal and Sweden to the European Court of Justice over their failure to implement three Directives related to EU wide quality and safety requirements for Tissues and Cells (2004/23/EC, 2006/17/EC and 2006/86/EC). Belgium has failed to transpose Directive 2004/23/EC. This Directive sets standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells. Member States were obliged to implement this Directive by 7 April 2006. In addition, Belgium, Italy and Portugal have failed to transpose Directive 2006/17/EC, which implements Directive 2004/23/EC as regards certain technical requirements for the donation, procurement and testing of human tissues and cells. The transposition deadline was 1st November 2006.Furthermore, Belgium, Italy, Portugal and Sweden have not communicated their transposition measures concerning Directive 2006/86/EC. This Directive implements Directive 2004/23/EC as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells. Member States were obliged to implement this Directive by 1st September 2007.

    Rediffusion

    [31] Mergers: Commission clears proposed acquisition of Distrigaz by Eni

    The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Distrigaz, a Belgian gas supplier, by the Italian energy company Eni. The Commission concluded that the operation would not significantly impede effective competition in the European Economic Area (EEA) or in any substantial part of it.

    [32] Commissioner Piebalgs underlines the need to reinforce rules on nuclear safety

    Today, at the fifth meeting of the High Level Group (HLG) on Nuclear Safety and Waste Management, Andris Piebalgs, Energy Commissioner highlighted the need for a higher level of nuclear safety.

    [33] Accounting standards: Commission adopts changes to mitigate consequences of financial turmoil

    The European Commission has today adopted amendments to accounting standards, with the unanimous support of Member States. The changes to the accounting standards are intended to mitigate the consequences of the recent turbulence in financial markets. These amendments ensure that EU companies have the same flexibility as their American competitors to reclassify assets held-for-trading into the held-to-maturity category. The current financial crisis justifies the use of reclassification by companies. In these circumstances, financial institutions in the EU would no longer have to reflect market fluctuation in their financial statements for these kinds of assets. These changes will apply as from the third quarter of 2008.

    [34] Autre matériel diffusé

    • Memo on Social Protection and Social Inclusion in Europe – Key facts and figures

    • Memo on Donor's Conference for Georgia – Brussels, 22nd of October 2008

    • Speech by Commissioner Hübner 'Cohesion policy and the global crisis: Joint action to deliver sustainable development', Bratislava

    • Speech by Commissioner Hübner 'Bridging divides: Why neighbours are good for us', Eisenstadt, Austria Embargo 16h30

    • Discours du Vice Président Barrot '30ème conférence internationale des Commissaires la protection des données et de la vie privée', Strasbourg

    • Speech by Commissioner McCreevy Protecting innovation in Europe

    • Speech by Commissioner Fischer Boel 'Prospects for rural development policy', Limassol, Cyprus

    A disposition au secrétariat de Jonathan Todd (BERL 03/315):

    Notification préalable d'une opération de concentration :

    SHV/Vanderlande

    APMM/Swift Tankers Pool From EUROPA, the European Commission Server at http://europa.eu.int/


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