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Guidelines on State aid for developing regional airports

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Guidelines on State aid for developing regional airports

Outline of the Community (European Union) legislation about Guidelines on State aid for developing regional airports

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Competition > Rules applicable to specific sectors > Competition in transport

Guidelines on State aid for developing regional airports

Document or Iniciative

Commission Communication of 9 December 2005 “Community guidelines on financing of airports and start-up aid to airlines departing from regional airports” [PDF ] [Official Journal C 312 of 09.12.2005].

Summary

The purpose of these guidelines is to clarify how the competition rules apply to the financing of airports and to start-up aid granted to airlines by the State. The Commission’s aim is to tackle air transport congestion in the main European airports and make it easier for the European public to travel, while ensuring that the competition rules are complied with. It also takes the view that developing the regional airports also helps to develop the regional economies concerned.

Financing of airports

The Commission makes it clear that the financing and provision of airport infrastructure by the public authorities must comply with the Community rules on State aid. Aid may be justified and declared compatible provided it meets an objective of general interest, such as regional development or accessibility. Additional conditions are that the aid must be in proportion to the objective set and must not adversely affect the development of trade within the EU.

Addressing the issue of subsidies for the operation of airport infrastructure, the Commission makes a distinction according to airport size since, while funding granted to airports with fewer than one million passengers a year is unlikely to distort competition or affect trade to an extent contrary to the common interest, an operating subsidy for an airport with more than one million passengers a year may constitute State aid and must therefore be notified to the Commission, which will examine its impact on competition and trade between Member States and, where appropriate, its compatibility. On the other hand, the Commission has decided that public service compensation constituting State aid granted to airports with fewer than one million passengers entrusted with a mission of general economic interest should be exempted from the notification obligation and declared compatible.

Start-up aid for airlines

Start-up aid granted to airlines operating from regional airports is a way of attracting airlines to new destinations. Operating aid of this kind is justifiable, temporarily, only in the case of small airports that do not yet have the critical mass needed to reach break-even point. In addition, the aid must provide airlines with the necessary incentive to create new routes or new schedules operated from the regional airports in question.

Large airports, on the other hand, benefit from economies of scale and are able to attract connections. This results in air traffic being concentrated on a small number of hubs which are then faced with major congestion problems. Encouraging the development of regional airports will help to make air traffic in Europe less congested and provide scope for economic development in the regions concerned.

Consequently, the Commission considers that start-up aid for the operation of new routes should be allowed for a maximum of three years (five years in the case of the outermost regions). The duration of start-up aid is clearly a sensitive issue. A balance needs to be found between facilitating the development of regional airports in their formative years and open and fair competition between European airports. The Commission takes the view that a period of three years (five years in the case of the outermost regions) meets the objectives of regional development while satisfying the requirements of fair competition.

This type of State aid may be granted to airlines either by a public authority (central, regional or local government) or through the airports that receive public subsidies. The Commission emphasises the fact that subsidies must be granted only for new routes or new schedules.

In addition, it will not be acceptable to grant start-up aid for a new air route corresponding to an existing high-speed rail link. This concern to ensure that the different modes of transport are mutually complementary is a reflection of the intermodal approach that the Commission is seeking to promote, e.g. by encouraging cooperation between the rail and air transport sectors in an effort to deal more effectively with the effects of saturation and pollution around urban areas.

The State aid guidelines apply equally to both private and public airports. The term “State aid” refers to the origin of the funds not the status of the airport. For example, a public airport may act as a private investor by granting subsidies to airlines from its own resources on the basis of commercial profitability considerations. Conversely, if a private airport uses public resources, granted by a regional or local authority for example, this constitutes State aid.

The Commission recognises the role of airlines and airports in the process of opening up European airspace and certain regions. The exponential growth of low-cost carriers in Europe has done much to help the establishment of a network of interregional air routes, making it easier for the general public to travel and promoting the growth of the local economies and job creation.

Background

These guidelines set out a legal framework for the financing of airports and for State start-up aid used by regional airports for the benefit of airlines. They thus spell out the principles underlying Commission Decision 2004/393/EC of 12 February 2004 in the Ryanair/Charleroi case. These new guidelines add to rather than replace the 1994 guidelines. They are the outcome of extensive consultation of the various parties involved in air transport and its effects on regional development.

Related Acts

Commission Decision 2004/393/EC of 12 February 2004 concerning advantages granted by the Walloon Region and Brussels South Charleroi Airport to the airline Ryanair in connection with its establishment at Charleroi [OJ L 137 of 30.04.2004].

Community guidelines on the application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to State aids in the aviation sector [OJ C 350 of 10.12.1994].

 

Guarantee Fund for external actions

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Guarantee Fund for external actions

Outline of the Community (European Union) legislation about Guarantee Fund for external actions

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Budget

Guarantee Fund for external actions

Document or Iniciative

Council Regulation (EC, Euratom) No 480/2009 of 25 May 2009 establishing a Guarantee Fund for external actions (Codified version).

Summary

As a result of its loans to third countries and guarantees covering loans to finance investment operations in these countries, the European Union (EU) is exposed to considerable financial risks. It was with the aim of protecting against such risks that the EU adopted this Regulation establishing a Guarantee Fund for external actions.

This Regulation describes how the Fund operates and lays down the procedure for endowing the Fund and the rules for its management. The main aim of the Fund is to protect European budget appropriations and to contribute to compliance with budgetary discipline.

Mission

The mission of the Guarantee Fund for external actions is to pay the EU’s creditors in the event of default by the beneficiary in respect of:

  • a loan granted or guaranteed by the EU;
  • a guaranteed loan granted by the European Investment Bank (EIB) for which the EU acts as guarantor.

Moreover, the Guarantee Fund can cover only loans and guarantees carried out for the benefit of a third country or for the purpose of financing projects in a third country.

Management and financial endowment

The Commission entrusts the financial management of the Fund to the EIB under a mandate from the EU. The Guarantee Fund is endowed by:

  • direct payments from the general budget of the EU;
  • interest on Fund resources invested;
  • amounts recovered from defaulting debtors.

Pursuant to the interinstitutional agreement of May 2006, which contains the Community financial framework for 2007-2013, financing of the Fund is guaranteed as compulsory expenditure from the general budget of the EU.

Target amount and annual transfer

The target amount refers to the amount of resources required by the Fund in order to fulfil its mission. The Fund’s target amount is set at 9 % of the EU’s total outstanding capital liabilities arising from each loan or guarantee operation, increased by unpaid interest due. The annual transfer from the EU budget to the Fund is calculated by applying the target amount to the outstanding amount of loans granted and guaranteed. The difference between the target amount and the actual value of the Fund’s assets is paid from the general budget of the EU into the Fund, or to the budget in the event of a resulting surplus in the Fund.

The provisioning amount is calculated during financial year “n” on the basis of loans granted and guaranteed during the previous financial year (“n-1”). There is therefore a delay of approximately one year between the time when the amounts become outstanding and the actual provisioning of the Fund.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC, Euratom) No 480/2009

30.6.2009

–

OJ L 145 of 10.6.2009

Related Acts

Report from the Commission of 2 July 2010 – Annual Report from the Commission on the Guarantee Fund and the management thereof in 2009 [COM(2010) 805 final – Not published in the Official Journal].

Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories [Official Journal L 405 of 30.12.2006].

Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability [Official Journal L 327 of 24.11.2006].
This Regulation establishes an instrument for stability which includes development cooperation measures and measures for financial, economic and technical cooperation with third countries.

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Green Paper on the learning mobility of young people

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Green Paper on the learning mobility of young people

Outline of the Community (European Union) legislation about Green Paper on the learning mobility of young people

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Education training youth sport > Youth

Green Paper on the learning mobility of young people

This green paper launches a public consultation with the aim of boosting mobility opportunities for young people.

Document or Iniciative

Green Paper of 8 July 2009 – Promoting the learning mobility of young people [COM(2009) 329 final – Not published in the Official Journal].

Summary

Transnational mobility through which young people may acquire new knowledge and skills (learning mobility) enhances personal development and employability. Currently however, the learning mobility of young people is more an exception than a rule, and should therefore be promoted in all disciplines and contexts. As a result, the Commission is launching this public consultation to initiate discussions on how existing and new instruments, as well as public authorities and stakeholders can be mobilised to that end.

The green paper presents a number of issues where further efforts towards learning mobility are needed. The aim is to promote organised mobility that is carried out across borders as well as within and across sectors. While the value of virtual mobility is recognised, the focus is on physical mobility and the challenges arising before, during and after such periods.

Preparing for a period of learning mobility

Preparation is an essential element of any mobility project and needs to be well thought-out in order for the mobility period to be a success. Firstly, this consists of providing good quality and easily accessible information and guidance on mobility opportunities, including on funding, education and training programmes, as well as on any practical issues. Secondly, there is a need to promote and motivate young people to be mobile by informing them of the benefits and guaranteeing the recognition of such an experience. Thirdly, linguistic skills and intercultural competences facilitate mobility, and may be upgraded during mobility periods. However, as a lack of such skills may be a barrier to participation, ways to address these obstacles must be explored.

Other challenges to take into consideration during the preparatory phase include the legal status of the young people in the host countries. A secure framework for the mobility of minors and a European Trainee Statute for the mobility of trainees could help to overcome such legal obstacles. Similarly, the obstacles to the portability of grants and loans as well as to the access to benefits, which often contravene Community law, should be overcome to promote mobility. To this end, the Commission is suggesting the publication of guides for Member State authorities and stakeholders.

There is also a need to assure that the mobility period is of a high quality, to which both the sending and receiving institutions should commit. Appropriate mechanisms should be set up for selecting participants in a fair and transparent manner, as well as for matching participants and receiving institutions. A number of charters, such as the European Quality Charter for Mobility, could be used to guide this work, as could learning/training agreements drawn up by the sending and hosting institutions together with the participants. Finally, measures should be taken to reach disadvantaged groups, so that they may also benefit from the opportunities of learning mobility.

The stay abroad and follow-up

Proper arrangements should be in place to receive young people during their mobility periods abroad. It is particularly essential that the hosting institutions provide mentoring support to young people in order to help them integrate better into the host environment. Concerning the follow-up, mobility periods must be appropriately recognised and validated in terms of both formal and non-formal learning. To this end, a number of European instruments are already available (such as ECVET, EQF, Europass), but greater use should be made of them at the regional and sectoral levels.

A new partnership for mobility

In order to overcome the continuing obstacles to mobility, it is imperative to mobilise actors and resources at all levels. A new partnership should be established between public authorities, civil society and partners from the business world. At the same time, the funding base needs to be enlarged to provide mobility opportunities to all groups of young people.

Virtual mobility can provide an added value by acting as a catalyst for physical mobility, as well as by providing an international dimension to learning for those who cannot or do not want to go abroad. “Multipliers”, such as teachers and trainers at all levels, youth workers, as well as people who have been mobile are important in motivating young people to embark on a period of mobility. Any obstacles to their involvement in promoting mobility should be removed and opportunities for their mobility encouraged.

At the moment, mobility has wide backing. However, it is essential to turn this support into concrete targets, based on which Member States, regional authorities, institutions and organisations may define their mobility strategies. Strategic benchmarks should also be established to complement those developed at European and national levels.

Background

The Commission invites stakeholders and the wider public to respond to the issues raised in this green paper before 15 December 2009. The Commission will propose follow-up actions on the basis of these responses.

Guidelines for trans-European telecommunications networks

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Guidelines for trans-European telecommunications networks

Outline of the Community (European Union) legislation about Guidelines for trans-European telecommunications networks

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Regional policy > Management of regional policy > Trans-european networks

Guidelines for trans-European telecommunications networks

Document or Iniciative

Decision No 1336/97/EC of the European Parliament and of the Council of 17 June 1997 on a series of guidelines for trans-European telecommunications networks [Official Journal L 183 of 11.07.1997]. [See amending acts].

Summary

In this Decision, the European Parliament and the Council establish guidelines covering the objectives, priorities and broad lines of action proposed for trans-European networks. These guidelines set out the areas selected for projects of common interest and establish a procedure for the identification of specific projects of common interest in these areas.

The following priorities are established for the achievement of the objectives set out in point 1 above:

  • study and validation of technical and commercial feasibility, followed by the deployment of applications supporting the development of a European information society, in particular applications of collective interest;
  • study and validation of feasibility, followed by the deployment of applications contributing to economic and social cohesion, by improving access to information across the whole Union, building on European cultural diversity;
  • stimulation of trans-boundary interregional initiatives and of initiatives involving regions, in particular the less favoured ones, for the launch of trans-European telecommunications services and applications;
  • study and validation of feasibility, followed by the deployment of applications and services contributing to the strengthening of the internal market and job creation, in particular those offering to SMEs means to improve their competitiveness in the Community and at world level;
  • identification, study and validation of technical and commercial feasibility, followed by the deployment of trans-European generic services providing seamless access to all kinds of information, including in rural and peripheral areas, and interoperable with equivalent services at world level;
  • study and validation of the feasibility of new integrated broadband communication (IBC) networks, where required for such applications and services, and the promotion of such networks;
  • identification and removal of gaps and missing links for effective interconnection and interoperability of all components of telecommunications networks in Europe and at world level, with particular emphasis on IBC networks.

The broad lines of measures to be implemented for achieving the objectives defined in point 1 will cover:

  • identification of projects of common interest by the establishment of a work programme;
  • action aiming at increasing the awareness of citizens, economic operators and administrations about the benefits they can draw from the new advanced trans-European telecommunications services and applications;
  • action aiming at the stimulation of combined initiatives from users and providers for the launch of projects in the field of trans-European telecommunications networks, in particular IBC networks;
  • support, within the framework of the methods laid down by the Treaty, for action to study and validate the feasibility, followed by the deployment, of applications, in particular applications of collective interest, and encouragement of the establishment of public/private collaboration, in particular through partnerships;
  • stimulation of the supply and use of services and applications for SMEs and professional users;
  • promotion of the interconnectivity of networks, the interoperability of broadband services and applications and the infrastructure they require, in particular for multimedia applications, and interoperability between existing services and applications and their broadband counterparts.

The projects designated are eligible for Community support in accordance with the provisions of the Council Regulation laying down general rules for the granting of Community financial aid in the field of trans-European networks.

Member States shall take all measures required at national, regional or local level to facilitate and accelerate the implementation of the projects of common interest in accordance with Community rules.

The Commission shall report every three years on the application of this Decision to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

Annex 1 to the Decision defines the three-layer model which is the most appropriate way of describing trans-European telecommunications networks:

  • The “applications” level caters for user needs, taking into account cultural and linguistic differences and, in particular, the accessibility requirements of disabled people. These applications also seek to cater for the specific needs of less developed or less populated regions.
    The areas concerned are the following: a) e-government and e-administration: (e.g. e-procurement activities, personal security, environment and tourism, business support for SMEs and participation in the democratic decision-making process); b) improved access to health services and improvements in the quality of care (e.g. networking of health care institutions, actions on disease prevention and health promotion); c) education and culture (e.g. new ways of presenting educational and cultural information, life-long learning and participation of older people and people with disabilities in the information society).
  • The “generic services” level provides common tools for the development and implementation of new applications based on interoperable standards.
    The areas concerned are the following: a) the mobile services (e.g. for the 2.5-3G mobile networks: guidance and navigation, security, invoicing, emergency services, health, teleworking, learning and culture); b) services in the public interest aimed at all aspects of security (e.g. networking of the national CERT systems).
  • The “interconnection and interoperability of networks” level promotes the interconnection, interoperability and security of networks underpinning the operation of specific public interest applications and services.

The Community is taking additional back-up and coordinating measures with a view to creating the appropriate environment for the realisation of these projects. The actions will contribute to programme awareness, and to consensus development centred on European, national, regional and local activities designed to stimulate and promote the new services and applications. They will necessitate consultation with European standardisation and planning bodies, involving essentially:

  • strategic studies on the formulation of target specifications and the transition towards their application, in order to help players in the sector to make sound economic investment decisions;
  • definition of means of accessing broadband networks;
  • establishment of common specifications based on European and world standards;
  • intensification of public and private partnerships (PPP);
  • coordination of these activities with related Community and national programmes.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 1336/97/EC 31.7.1997 – OJ L of 11.7.1997
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Decision No 1375/2002/EC 19.8.2002 – OJ L 200 of 30.7.2002

General safety of motor vehicles

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General safety of motor vehicles

Outline of the Community (European Union) legislation about General safety of motor vehicles

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Internal market > Motor vehicles > Technical implications of road safety

General safety of motor vehicles

2 emissions.

Document or Iniciative

Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (Text with EEA relevance).

Summary

This Regulation establishes requirements for the type-approval of:

  • the safety of motor vehicles and their trailers;
  • the energy efficiency of motor vehicles by introducing the mandatory installation of tyre pressure monitoring systems and gear shift indicators;
  • the safety and energy efficiency of tyres and their levels of noise emissions.

Types of vehicles concerned

This Regulation applies to:

  • motor vehicles used for the carriage of passengers having at least four wheels (category M);
  • motor vehicles intended for the transportation of goods having at least four wheels (category N);
  • trailers (category O).

Obligations of manufacturers

Manufacturers shall guarantee that new vehicles that are sold, registered or put into service within the European Union (EU) are type-approved in accordance with the provisions of this Regulation.

The Regulation aims at making several UNECE regulations obligatory. Type-approval in accordance with these UNECE regulations shall be considered as EC type-approval.

In order to improve road safety, all vehicles must be equipped with an electronic stability control system. Furthermore, vehicles in categories M2, M3, N2 and N3 must be equipped with an advanced emergency braking system and a lane departure warning system.

Tyres shall satisfy requirements relating to:

  • wet grip;
  • rolling resistance;
  • rolling noise.

In addition, vehicles in category M1 must be equipped with a tyre pressure monitoring system and gear shift indicators.

Obligations of the Member States

Member States shall not grant EC type-approval or national type-approval to vehicles which do not meet the requirements laid down in this Regulation.

Transitional provisions

This Regulation contributes to the simplification of legislation insofar as it repeals a considerable number of basic directives and their amending acts.

This Regulation repeals Directives 70/221/EEC, 70/222/EEC, 70/311/EEC, 70/387/EEC, 70/388/EEC, 71/320/EEC, 72/245/EEC, 74/60/EEC, 74/61/EEC, 74/297/EEC, 74/408/EEC, 74/483/EEC, 75/443/EEC, 76/114/EEC, 76/115/EEC, 76/756/EEC, 76/757/EEC, 76/758/EEC, 76/759/EEC, 76/760/EEC, 76/761/EEC, 76/762/EEC, 77/389/EEC, 77/538/EEC, 77/539/EEC, 77/540/EEC, 77/541/EEC, 77/649/EEC, 78/316/EEC, 78/317/EEC, 78/318/EEC, 78/549/EEC, 78/932/EEC, 89/297/EEC, 91/226/EEC, 92/21/EEC, 92/22/EEC, 92/24/EEC, 92/114/EEC, 94/20/EC, 95/28/EC, 96/27/EC, 96/79/EC, 97/27/EC, 98/91/EC, 2000/40/EC, 2001/56/EC, 2001/85/EC, and 2003/97/EC from 1 November 2014.

It repeals Directive 92/23/EC from 1 November 2017.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 661/2009

20.8.2009

–

OJ L 200 of 31.7.2009

General arrangements for the holding and movement of products subject to excise duty

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General arrangements for the holding and movement of products subject to excise duty

Outline of the Community (European Union) legislation about General arrangements for the holding and movement of products subject to excise duty

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Taxation

General arrangements for the holding and movement of products subject to excise duty

Document or Iniciative

Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC [See amending act(s)].

Summary

This directive establishes the general arrangements for excise duties which affect the consumption of:

  • energy products and electricity covered by Directive 2003/96/EC;
  • alcohol and alcoholic beverages covered by Directives 92/83/EEC and 92/84/EEC;
  • manufactured tobacco covered by Directive 95/59/EC, Directive 92/79/EC and Directive 92/80/EC.

These products are subject to excise duties at the time of:

  • their production, including, where applicable, their extraction, within the European Union (EU);
  • their importation into the EU.

On condition that they do not give rise to formalities on the crossing of frontiers within the EU, EU countries may also levy taxes on:

  • products other than excise goods;
  • the supply of services, including those relating to excise goods, which cannot be characterised as turnover taxes.

This directive applies to the territory of the EU with the exception of certain territories such as:

  • the Canary Islands;
  • the French overseas departments;
  • the Åland Islands;
  • the Channel Islands.

Chargeability, reimbursement, exemption

Excise duties are chargeable at the time of release for consumption in the EU country concerned. The person liable to pay the excise duty is generally the authorised warehousekeeper or the registered consignee.

EU countries may remit or refund excise duty on excise goods which have been released for consumption. EU countries are free to fix the relevant conditions, so long as the result does not create a new class of exemption (see next paragraph).

Excise goods are exempted from payment of excise duty where they are intended to be used:

  • in the context of diplomatic or consular relations;
  • by international organisations;
  • by the armed forces of a State;
  • by the British armed forces stationed in Cyprus;
  • under an agreement concluded with non-EU countries or international organisations.

EU countries may also exempt from payment of excise duty excise goods supplied by tax-free shops * which are carried away in the personal luggage of travellers to a non-EU country by flight or sea-crossing.

Production, processing and holding

The rules concerning the production, processing and holding of excise goods are determined by each EU country. These operations, where the excise duty has not yet been paid, must take place in a tax warehouse *.

Movement of excise goods under suspension of excise duty

Excise goods may be moved under a duty suspension arrangement within the EU, from a tax warehouse or from a place of importation to another tax warehouse, an authorised consignee *, a place of exportation from the EU or a beneficiary of the exemption referred to above (diplomatic or consular relations, international organisations, armed forces, etc.). A movement of excise goods must in principle take place under cover of an electronic administrative document.

The competent authorities of the EU country of dispatch may request from the authorised warehousekeeper or registered consignor * a guarantee which covers the risks inherent in the movement under suspension of excise duty. In principle the guarantee can be provided by another party

Movements and taxation of excise goods after release for consumption

Excise duties may be charged only in the EU country in which the goods are acquired by a private individual for his own personal use and transported from one EU country to another by him. To determine whether the excise goods are intended for a private individual, EU countries take account of:

  • the commercial status of the holder of the goods;
  • the place where the goods are located;
  • any document relating to the goods;
  • the nature of the goods;
  • the quantity of the goods.

Where excise goods intended for consumption in an EU country are held for commercial purposes in another EU country, the goods are subject to the excise duties of the latter country. Excise duties paid in the first EU country may be reimbursed.

In the case of distance selling from one EU country to another, the vendor or his agent must pay excise duty in the EU country of destination.

EU countries may require that excise goods carry tax markings or national identification marks.

Directive 2008/118/EC repeals Directive 92/12/EC from 1 April 2010.

Key terms of the Act
  • Tax-free shop: any establishment situated within an airport or port which is authorised to sell tax-free to travellers leaving the EU.
  • Tax warehouse: a place where excise goods are produced, processed, held, received or dispatched under duty suspension arrangements by an authorised warehousekeeper in the course of his business, subject to certain conditions laid down by the competent authorities of the EU country where the tax warehouse is located.
  • Registered consignee: a natural or legal person authorised by the competent authorities of the EU country of destination, in the course of his business and under the conditions fixed by those authorities, to receive excise goods moving under a duty suspension arrangement from another EU country.
  • Registered consignor: a natural or legal person authorised by the competent authorities of the EU country of importation, in the course of his business and under the conditions fixed by those authorities, to only dispatch excise goods under a duty suspension arrangement upon their release for free circulation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2008/118/EC

 15.1.2009

1.4.2010 

OJ L 9 of 14.1.2009 
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2010/12/EU

27.2.2010

1.1.2011

OJ L 50 of 27.2.2010

Go Digital: helping small and medium-sized enterprises go digital

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Go Digital: helping small and medium-sized enterprises go digital

Outline of the Community (European Union) legislation about Go Digital: helping small and medium-sized enterprises go digital

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Information society > Digital Strategy i2010 Strategy eEurope Action Plan Digital Strategy Programmes

Go Digital: helping small and medium-sized enterprises go digital

Last updated: 19.09.2003

Globalisation and the information society: the need for strengthened international coordination

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Globalisation and the information society: the need for strengthened international coordination

Outline of the Community (European Union) legislation about Globalisation and the information society: the need for strengthened international coordination

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Digital Strategy i2010 Strategy eEurope Action Plan Digital Strategy Programmes

Globalisation and the information society: the need for strengthened international coordination

To meet the new challenges of globalisation, this communication identifies the areas relevant to telecommunications and new electronic services which require strengthened international cooperation. The objective is to reach wider agreement at international level on how to proceed with a view to creating a frontier-free electronic market while respecting the public interest.

Document or Iniciative

Communication from the Commission of 4 February 1998 to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: “The Globalisation of the Information Society: the need for strengthened international coordination” [COM(98) 50 final – not published in the Official Journal].

Summary

A truly global electronic market is emerging. Its origins are to be found in the strong growth witnessed over the last two decades in the field of telephony and, more recently, GSM mobile communications. This development has been accompanied by rapidly falling prices in the wake of lower costs and more intense competition, and by the rapid development of data networks, especially the Internet.

About a hundred countries are now connected to the Internet. At the last count there were about 20 million “Internet hosts” worldwide. It is estimated that there will be 250 million Internet users by the year 2000. These developments mean that communications are not solely a global commercial activity, but are also supporting the globalisation and networking of economic activities.

Various public bodies (ITU, ISO, ETSI, CEPT etc.) have been created in the telecommunications sector to supervise agreements on technical issues and promote the interconnection and interoperability of networks, standards and national frequencies.

The Internet community is working towards open standards that will permit interoperability and competition. The existence of open standards is proving particularly important with regard to hardware and software tools required for accessing and using the Internet.

The electronic market will boost globalisation, which, as international trade data show, is gaining in intensity. The share of the world income has more than tripled since 1950.

A number of agreements have given additional impetus to these trends, especially those concluded under the auspices of the WTO, and the GATT, GATS and TRIPS agreements which, together with the recent agreement on telecommunications services, will continue to play an important role in trade liberalisation.

One of the major obstacles to the development of advanced communication services is the high cost of telecommunications. However, cost reductions associated with competition are pushing tariffs down, creating a single world infrastructure where physical distances are of diminishing importance.

The principle is that the legal frameworks governing the “off-line” world will have to be applied to the “on-line” world, and that public interest will need to be protected in an appropriate manner. However, the technical possibilities of open networks such as the Internet are already testing existing legal structures in numerous fields (taxation, intellectual property, legal competence, labour law, data protection, consumer protection, etc.).

The on-line world economy requires a suitable framework covering technical, commercial and legal aspects. This should encourage the interoperability of technical solutions and competitive practices and the application of compatible rules. However, there is no need for detailed harmonised rules on all aspects.

The above analysis clearly shows that these issues have growing legal implications. It is therefore becoming more and more essential to solve them on a worldwide basis since the uncertainties surrounding the various solutions will constitute obstacles to the development of a worldwide electronic market.

For the moment, a detailed examination of the problems and priorities is urgently required, so that the international community can tackle them in a systematic, coordinated manner.
Opportunities for exchange of information (round tables of national experts from the Member States, forums etc.) can help identify and solve problems.

Wherever possible, the Commission will support activities which give all concerned the opportunity to make their views known in a more coordinated way and to exchange information.

It is also important, however, to make these opinions known to policy decision makers at world level. These issues should be brought up at international ministerial events to be held in 1998 and an international ministerial conference should be organised for the end of 1998 or the beginning of 1999.

All those concerned should consider the options for concerted actions. It is not a question of establishing a new international monitoring authority or a set of binding rules. Rather, they will have to reach a forward-looking agreement geared towards the best means of devising common approaches to the problems and their solutions, i.e. developing an ongoing coordination procedure which takes appropriate account of public and private interests.

This could be done at multilateral level under an international charter which would:

  • contain a multilateral agreement on a method of coordination, aimed at dismantling the obstacles to worldwide electronic trading;
  • have non-binding legal status;
  • take into account the work already being done by existing international authorities;
  • encourage the participation of the private sector and of the social groups concerned;
  • contribute to greater regulatory transparency.

Related Acts

Communication from the Commission of 19 November 2004 – “Challenges for the European Information Society beyond 2005” [COM(2004) 757 final – not published in the Official Journal].

With this Communication, the Commission aims to launch a broad policy debate on EU information society strategy beyond 2005.

Communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: “The information society: from Corfu to Dublin: new priorities to be taken into account” [COM(96) 395 final – not published in the Official Journal].

This communication defines various lines of action identified as priorities of equal importance in the framework of the information society.

 

General framework for informing and consulting employees

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General framework for informing and consulting employees

Outline of the Community (European Union) legislation about General framework for informing and consulting employees

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social dialogue and employee participation

General framework for informing and consulting employees

Document or Iniciative

Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community – Joint declaration of the European Parliament, the Council and the Commission on employee representation.

Summary

The purpose of this Directive is to establish a general framework for improving the information and consultation rights of employees * in undertakings * within the European Community.

Two important principles are highlighted:

  • practical arrangements for information and consultation must be defined and implemented in accordance with national law and industrial relations practices in individual Member States;
  • when defining or implementing this framework, employers * and employees’ representatives must work in a spirit of cooperation and with due regard for each other’s rights and obligations.

This Directive applies to undertakings with at least 50 employees in a Member State or to establishments * with at least 20 employees in a Member State. The choice is left to the Member States, which also establish the manner in which the number of employees is calculated.

Particular provisions applicable to undertakings which pursue directly and essentially political, professional, charitable, educational, scientific or artistic aims, or aims involving information * or the expression of opinions, may be adopted on condition that such provisions already existed in national legislation on the date of adoption of the Directive.

Member States may authorise the social partners to define freely, through agreement, the procedures for implementing the employee information and consultation * requirements referred to in the Directive.

Employee information and consultation covers three areas in relation to undertakings:

  • economic, financial and strategic developments;
  • the structure and foreseeable development of employment, and related measures;
  • decisions likely to lead to substantial changes in work organisation or contractual relations.

Member States must establish the procedures for applying the principles set out in the Directive with a view to ensuring the effective application of employee information and consultation. They also have the option of limiting the information and consultation obligations of undertakings with fewer than 50 or 20 employees.

Confidentiality arrangements are included, to the effect that:

  • experts and employees’ representatives must not disclose any information which has expressly been provided to them in confidence, even after expiry of their term of office;
  • within conditions laid down by national legislation, an employer may be exempted from the information and consultation obligation where complying with it would seriously harm the functioning of the undertaking or would be prejudicial to it.

When carrying out their functions, employees’ representatives must have adequate protection and guarantees to enable them to perform their duties.

The Directive makes the Member States responsible for ensuring compliance with its provisions (through adequate administrative or judicial procedures at national level).

The following are regarded as serious breaches of the obligations laid down in the Directive:

  • total absence of information and/or consultation of the employees’ representatives prior to a decision being taken or publicly announced;
  • withholding of important information or provision of inaccurate information rendering ineffective the exercising of the right to information and consultation.

In the event of a serious breach with direct and immediate consequences in terms of substantial changes to or termination of employment contracts or relationships, the decisions taken have no legal effect. This situation continues until the employer has fulfilled his information and consultation obligations. If this is no longer possible, the employer must establish adequate redress in accordance with the arrangements and procedures in place in the Member States.

The provisions of the Directive do not prejudice Council Directive 94/45/EC on the establishment of a European works council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees.

The Directive makes provision for a review of its application no later than five years after its adoption, in consultation with the social partners and Member States, with a view to proposing to the Council any necessary amendments.

Background

In its Communication on worker information and consultation [COM(95) 547 final – not published in the Official Journal], the Commission took stock of Community action in the field of information, consultation and participation of employees. Several directives have already been adopted in this area (‘ collective redundancies ‘, ‘transfers of undertakings’ and ‘European works councils’).

Despite the existence of specific provisions on employee information and consultation, the Commission emphasised the need to redefine the Community legal framework in order to establish more binding rules. In its Communication, the Commission set out various options for the approach to be taken by Community action and encouraged the social partners to identify the arrangements for a general framework.

Following this Communication, on 4 June 1997, the Commission launched a phase of consultation with the social partners on the basis of Article 3(2) of the Agreement on Social Policy. The European Trade Union Confederation (ETUC) and European Centre of Enterprises with Public Participation and Enterprises of General Economic Interest (CEEP) indicated their willingness to enter into Community-level negotiations on the subject. However, the Union of Industrial and Employers’ Confederations of Europe (UNICE) declined to participate in negotiations, as it considered the project to be at odds with the principle of subsidiarity and felt that the subject concerned the internal organisation and management of companies and therefore came under companies’ own management prerogatives.

In the absence of a consensus among the social partners, the Commission presented a proposal for a Directive.

Key terms used in the act
  • ‘Undertaking’ means a public or private undertaking carrying out an economic activity, whether or not operating for gain, which is located within the territory of the Member States.
  • ‘Establishment’ means a unit of business defined in accordance with national law and practice, and located within the territory of a Member State, where an economic activity is carried out on an ongoing basis with human and material resources.
  • ‘Employee’ means any person who, in the Member State concerned, is protected as an employee under national employment law and in accordance with national practice.
  • ‘Workers’ representatives’ means the employees’ representatives provided for by national laws and/or practices.
  • ‘Information’ means transmission by the employer to the employees’ representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it.
  • ‘Consultation’ means the exchange of views and establishment of dialogue between the employees’ representatives and the employer.
  • ‘Employer’ means the natural or legal person party to employment contracts or employment relationships with employees, in accordance with national law and practice;

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 2002/14/EC [adoption: codecision COD/1998/0315] 23.3.2002 23.3.2005 (23.3.2007 for some Member States) OJ L 80 of 23.3.2002.

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 10 October 2007 entitled ‘Reassessing the regulatory social framework for more and better seafaring jobs in the EU (first phase consultation of the social partners at Community level provided for in Article 138(2) of the Treaty)’ [COM(2007) 591 final – Not published in the Official Journal].
This Communication advocates various changes to European legislation on working conditions and employee information and consultation in the European Union’s maritime sector. Concerning the present Directive, the Commission intends to verify, in connection with a scheduled implementation report, the conformity of the legal provisions contained in Article 3(3), according to which ‘Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas’.

Goods: Non-resident carriers in the national market

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Goods: Non-resident carriers in the national market

Outline of the Community (European Union) legislation about Goods: Non-resident carriers in the national market

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Goods: Non-resident carriers in the national market

Document or Iniciative

Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State [See amending acts].

Summary

Community carriers holding a Community authorisation are permitted to carry out road haulage operations in other Member States without being based or established there. If the driver is a national of a non-member country, he/she must carry a driver attestation.

Such operations, known as cabotage, are exempt from any quantity restrictions on market access.

Carriers who so wish may obtain a cabotage authorisation by applying to the Member State in which the haulage business is established. The authorisation can be used for one vehicle only.

In principle, cabotage operations are covered by national legislation in the following areas:

  • the prices and conditions governing the transport contract;
  • standards relating to weights and measures;
  • requirements relating to the carriage of certain categories of goods;
  • driving and rest time for drivers;
  • VAT on transport services.

The host Member State must, however, when applying its national provisions, take account of the proportionality principle.

In the event of a market disturbance arising from cabotage operations, the Commission may take any necessary safeguard measures. It takes any such measures after examining the situation and collecting relevant data for monitoring market developments.

The Regulation also lays down the conditions under which the Member States must assist one another in implementing it.

Background

The cabotage regime has applied fully since 30 June 1998. It was phased in over the period 1 January 1994 to 30 June 1998.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 3118/93 1.1994 – OJ L 279, 12.11.1993
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 3315/94 1.1.1995 – OJ L 350, 31.12.1994
Regulation (EC) No 484/2002 19.3.2002 – OJ L 76, 19.3.2002

Related Acts

Commission Regulation (EC) No 792/94 of 8 April 1994 laying down detailed rules for the application of Council Regulation (EEC) No 3118/93 to road haulage operators on own account [Official Journal L 92, 9.4.1994].
This Regulation lays down detailed rules for applying Article 1(4) of Regulation (EEC) No 3118/93 with regard to the issuing of cabotage authorisations and their recognition by the Member States.

Commission report of 4 February 1998 on the implementation of Regulation (EEC) No 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (cabotage) [COM(98) 47 final – not published in the Official Journal].
The report took stock of cabotage activities between 1990 and 1995. The statistics were calculated solely for “hire or reward” carriers.

Commission report of 28 February 2000 on the implementation of Regulation (EEC) No 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (cabotage) [COM(2000) 105 final – not published in the Official Journal].
The report covered the use of cabotage authorisations up to the end of June 1998, the date on which quantitative restrictions on cabotage were lifted. The geographical scope of the cabotage regime remains that of the European Economic Area (EEA) and the abolition of quantitative restrictions applies to the EEA as a whole. Austria joined the cabotage regime in January 1997.