Tag Archives: Market access

Conditions for access to the gas transmission networks

Conditions for access to the gas transmission networks

Outline of the Community (European Union) legislation about Conditions for access to the gas transmission networks

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

Energy > Internal energy market

Conditions for access to the gas transmission networks

Document or Iniciative

Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks.

Summary

Provisions relating to the conditions for access to the natural gas transmission networks add to the provisions of Directive 2003/55/EC and contribute to completion of the internal gas market.

Complete opening-up of national gas markets, as provided for by Directive 2003/55/EC, has brought about a truly competitive internal gas market within the European Union (EU). In practice, industrial clients and domestic customers have had the freedom to choose their gas supplier since 1 July 2004 and 1 July 2007 respectively.

Effective and non-discriminatory access by third parties to the gas transmission networks is an essential condition for the existence of a genuine internal gas market. With the aim of ensuring a minimum level of harmonisation, Regulation (EC) No 1775/2005 therefore lays down the basic principles.

  • Service conditions for third-party network access

Gas transmission system operators are obliged to offer their services to all users on a non-discriminatory basis. They must therefore offer the same service to different users under identical contractual conditions (nature, duration, etc.). The operator can choose to draw up harmonised transmission contracts or a joint system code.

This does not mean, however, that other transmission system operators are obliged to offer the same contractual conditions, apart from the minimum contractual requirements.

  • Capacity allocation mechanisms and balancing rules

The system operator makes the technical network capacity available to users in its entirety, taking into account system integrity and efficient use of the network. Capacity allocation is performed on the basis of non-discriminatory and transparent mechanisms.

Different rules, both technical and commercial, allow balancing of the network and guarantee its smooth operation.

Therefore, in the event of contractual congestion, i.e. when the level of demand for firm capacity (transmission capacity which the operator has guaranteed by way of a non-interruptible contract) exceeds the system’s technical capacity, the operator may offer the unused capacity of certain users to other users on a short-term basis.

As for users, they have the freedom to freely trade their capacity rights, by selling or subletting their unused capacity. This trade is an essential factor in the development of a competitive internal market and creation of market liquidity.

The transmission system operator also sets fair and transparent technical balancing rules. In order to guarantee continuity of the gas supply, it must in fact ensure that the system pressure is constantly maintained at a certain level, which depends on the balance between the entry and exit of gas in the network. It provides users with relevant information on the balancing status and they then take the necessary corrective measures.

  • Criteria and methodologies for setting network access tariffs

Tariffs set by system operators are transparent and non-discriminatory. They reflect the actual costs borne by them.

The prices take into account not only maintenance of system integrity (guarantee of gas transmission from a technical point of view, in particular in relation to gas pressure and quality) but also its improvement (investment incentives and construction of new infrastructures).

  • Definition of the technical information needed by users and transparency requirements

To encourage effective access to the network, users must have relevant information, particularly on the services offered by the operator, and more specifically the methodology of tariffs, as well as on the technical capacity and available capacity. Users can also use the different commercial possibilities offered by the internal market. System operators publish this information with regard for the confidentiality of commercial information.

Background

The gas regulatory forum, or ” Madrid Forum “, a discussion group for concrete implementation of European regulations in the natural gas market, has enabled definition of guidelines relating to market access conditions. The experience gained from implementation has shown that it is useful to turn these guidelines into legally binding rules.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1775/2005 23.11.2005 OJ L 289, 3.11.2005

Related Acts

Proposal for a Regulation of the European Parliament and of the Council of 19 September 2007 amending Regulation (EC) No 1775/2005 concerning conditions for access to the natural gas transmission networks [COM(2007) 532 final – Not published in the Official Journal].

A third and final legislative package is proposed to complete the opening-up of the European energy markets to competition and creation of the internal energy market.

The internal energy market demonstrates malfunctioning that cannot be corrected effectively by current rules, as stated by the Commission in its sector inquiry. The proposals of the third legislative package go in the same direction as the communication on the prospects for the internal gas and electricity market. The main proposals for amendment of Regulation (EC) No 1775/2005 relate to:

  • formalisation of the European groups of transmission system operators for better coordination and, in particular, the drawing-up of joint market and technical codes;
  • improved market operation, in particular greater transparency, effective access to storage facilities and liquefied natural gas (LNG) terminals.

The Commission proposes five drafts to amend Directives 2003/54/EC and 2003/55/EC relating to the electricity market and the gas market respectively, as well as Regulations (EC) No 1228/2003 and No 1775/2005 on access to the electricity networks and access to the gas networks respectively, and to set up an energy regulators cooperation agency.

Codecision procedure (COD/2007/0196)

Commission Decision 2003/796/EC of 11 November 2003 on establishing the European Regulators Group for Electricity and Gas [Official Journal L 296, 14.11.2003].

Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC [Official Journal L 176, 15.7.2003].

 

Natural gas transmission networks

Natural gas transmission networks

Outline of the Community (European Union) legislation about Natural gas transmission networks

Topics

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

Energy > Internal energy market

Natural gas transmission networks (from 2011)

Document or Iniciative

Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (Text with EEA relevance).

Summary

This Regulation aims at laying down rules for natural gas transmission networks, gas storage and liquefied natural gas (LNG) facilities. It concerns access to infrastructures, particularly by determining the establishment of tariffs (solely for access to networks), services to be offered, allocation of capacity, transparency and balancing of the network.

Certification of transmission system operators

National regulatory authorities shall send the European Commission notification of decisions relating to the certification of a transmission system operator. The Commission then has a period of two months to deliver its opinion to the national regulatory authority. The authority then adopts the final decision concerning the certification of the transmission system operator. This decision and the Commission’s opinion are published.

European Network of Transmission System Operators (ENTSO) for gas

Creation of the ENTSO for Gas

By 3 March 2011, the transmission system operators for gas shall submit to the Commission and to the Agency for the Cooperation of Energy Regulators the draft statutes for the ENTSO for Gas, a list of members and draft rules of procedure.

Tasks of the ENTSO for Gas concerning network codes

The Commission shall consult the Agency for the Cooperation of Energy Regulators and the ENTSO for Gas in order to establish an annual list of the priorities which are to contribute to developing network codes. These codes shall be developed using a non-binding framework guideline submitted to the Commission by the Agency. The codes include rules and procedures relating in particular to:

  • network security and reliability;
  • data interchange;
  • technical and operational exchanges;
  • transparency rules;
  • harmonised transmission tariff structures;
  • energy efficiency.

Tasks of the ENTSO for Gas

The ENTSO for Gas is responsible for adopting:

  • common network operation tools;
  • a ten-year network development plan;
  • recommendations relating to the coordination of technical cooperation between Community transmission system operators;
  • an annual work programme;
  • an annual report;
  • annual summer and winter supply outlooks.

Costs and tariffs

The regulatory authorities shall determine tariffs or methodologies for their calculation. Member States may take decisions relating to tariffs such as fixing auction arrangements.

Third-party access services

Transmission system operators shall offer their services equitably to all network users on a rolling basis in the long and short term.

LNG and storage facility operators must also offer their services according to the procedure described above and make them compatible with the use of interconnected gas transport networks.

Allocation of capacity and congestion management

All market participants must have access to maximum network capacity as well as storage and LNG facilities.

Infrastructure operators shall implement and publish non-discriminatory and transparent congestion-management procedures which facilitate cross-border exchanges in gas on a non-discriminatory basis.

This Regulation repeals Regulation (EC) No 1775/2005 as from 3 March 2011.

Context

The 2002 and 2003 European Gas Regulatory Forums (the Madrid Forums) were at the origin of guidelines on best practice. However, experience acquired has demonstrated that these guidelines should be made legally enforceable. This Regulation is based on the guidelines in order to strengthen the internal market in natural gas.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 715/2009

3.9.2009

OJ L211 of 14.8.2009

Internal market in electricity

Internal market in electricity

Outline of the Community (European Union) legislation about Internal market in electricity

Topics

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

Energy > Internal energy market

Internal market in electricity (from March 2011)

Document or Iniciative

Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (Text with EEA relevance).

Summary

This Directive is aimed at introducing common rules for the generation, transmission, distribution and supply of electricity. It also lays down universal service obligations and consumer rights, and clarifies competition requirements.

Rules for the organisation of the sector

The rules for the organisation of the sector are aimed at developing a competitive, secure and environmentally sustainable market in electricity.

Member States may impose on undertakings operating in the electricity sector public service obligations which cover issues of security and security of supply, regularity and quality of service, price, environmental protection and energy efficiency.

Member States shall ensure that all customers have the right to choose their electricity supplier and to change supplier easily, with the operator’s assistance, within three weeks. They shall also ensure that customers receive relevant consumption data.

Electricity suppliers are obliged to inform final customers about:

  • the contribution of each energy source;
  • the environmental impact caused;
  • their rights in the event of a dispute.

Member States shall put in place an independent mechanism (energy ombudsman or consumer body) to manage complaints or disputes efficiently.

Member States are also obliged to ensure the monitoring of security of supply. They shall define technical safety criteria to ensure the integration of their national markets at one or more regional levels. In addition, the national regulatory authorities are to cooperate with the Agency for the Cooperation of Energy Regulators to guarantee the compatibility of regulatory frameworks between regions.

Generation

Member States shall define criteria for the construction of generating capacity in their territory taking account of aspects such as:

  • the security and safety of electricity networks;
  • the protection of health and public safety;
  • the contribution made towards the Commission’s “20-20-20” objectives.

Transmission system operation

From 3 March 2012, Member States must unbundle transmission systems and transmission system operators.

An undertaking must first be certified before being officially designated as a transmission system operator. A list of transmission system operators designated by Member States shall then be published in the Official Journal of the European Union.

Transmission system operators are mainly responsible for:

  • ensuring the long-term ability of the system to meet demands for electricity;
  • ensuring adequate means to meet service obligations;
  • contributing to security of supply;
  • managing electricity flows on the system;
  • providing to the operator of any other system information related to the operation, development and interoperability of the interconnected system;
  • ensuring non-discrimination between system users;
  • providing system users with the information they need to access the system;
  • collecting congestion rents and payments under the inter-transmission system operator compensation mechanism.

Distribution network operation

Member States shall designate distribution system operators or require undertakings that own or are responsible for distribution systems to do so.

Distribution system operators are mainly responsible for:

  • ensuring long-term capacity of the system in terms of the distribution of electricity, operation, maintenance, development and environmental protection;
  • ensuring transparency with respect to system users;
  • providing system users with information;
  • covering energy losses and maintaining reserve electricity capacity.

Member States have the option of putting in place a closed distribution system to distribute electricity within a geographically confined industrial, commercial or shared services site.

Unbundling and transparency of accounts

Member States and the competent authorities have right of access to the accounts of electricity undertakings but shall preserve the confidentiality of certain information.

Electricity undertakings shall keep separate accounts for their transmission and distribution activities.

Organisation of access to the system

Member States shall organise a system of third party access to transmission and distribution systems. The tariffs based on that system shall be published.

Member States shall also lay down criteria for the granting of authorisations to construct direct lines in their territory, on an objective and non-discriminatory basis.

National regulatory authorities

Member States shall designate a regulatory authority at national level. It shall be independent and exercise its powers impartially. It is mainly responsible for:

  • fixing transmission or distribution tariffs;
  • cooperating in regard to cross-border issues;
  • monitoring investment plans of the transmission system operators;
  • ensuring access to customer consumption data.

Retail markets

Member States shall ensure that contractual arrangements, commitment to customers, data exchange and settlement rules, data ownership and metering responsibility are defined.

Non-household customers may contract simultaneously with several suppliers.

Derogatory measures

A Member State may take the necessary safeguard measures in the event of a sudden crisis in the market or where the safety of persons is threatened. Derogations may also be obtained in the event of operating problems in isolated systems.

This Directive repeals Directive 2003/54/EC with effect from 3 March 2011.

Context

The Communications entitled ‘Prospects for the internal gas and electricity market’ and ‘Sector inquiry into the gas and electricity markets’ emphasised the inadequate framing of the rules and measures in force relating to the internal electricity market. The Commission deemed it important to amend the current rules with a view to ensuring fair competition and supplying electricity at the lowest possible price in order to complete the internal market in energy.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2009/72/EC

3.9.2009

3.3.2011

OJ L211 of 14.8.2009

Internal market in gas

Internal market in gas

Outline of the Community (European Union) legislation about Internal market in gas

Topics

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

Energy > Internal energy market

Internal market in gas (from March 2011)

Document or Iniciative

Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (Text with EEA relevance).

Summary

This Directive aims at introducing common rules for the transmission, distribution, supply and storage of natural gas. It concerns mainly natural gas, liquefied natural gas (LNG), biogas and gas from biomass.

Rules for the organisation of the sector

The rules for the organisation of the sector are aimed at creating a competitive, secure and environmentally sustainable market in natural gas.

Member States may impose on undertakings operating in the gas sector public service obligations which cover issues of security and security of supply, regularity and quality of service, price, environmental protection and energy efficiency.

Member States shall ensure that all customers have the right to choose their gas supplier and to change supplier easily, with their operator’s assistance, within three weeks. They shall also ensure that customers receive relevant consumption data.

Member States are responsible for monitoring security of supply issues and in particular those related to the balance of supply and demand on the national market, available supplies, maintenance of the networks and the measures to be taken in the event of supply problems. Regional or international cooperation may be put in place to ensure security of supply.

Member States shall ensure the integration of national markets at one or more regional levels, as a first step towards the integration of a fully liberalised internal market. The gas islands in isolated regions shall also be integrated. In this context, the national regulatory authorities shall cooperate with the Agency for the Cooperation of Energy Regulators.

Transmission, storage and LNG

From 3 March 2012, Member States shall unbundle transmission systems and transmission system operators.

An undertaking must first be certified before being officially designated as a transmission system operator. A list of transmission system operators designated by Member States shall then be published in the Official Journal of the European Union.

In addition, Member States shall designate one or more storage and LNG system operators responsible for:

  • operating, maintaining and developing transmission systems, storage and/or LNG facilities with due regard to the environment;
  • ensuring non-discrimination between system users;
  • providing information to any other transmission system operator, any other storage system operator, any other LNG system operator and/or any distribution system operator to ensure the interconnection of the transmission and storage of natural gas;
  • providing system users with the information they need to access the system.

Transmission system operators shall build sufficient cross-border capacity to integrate the European transmission infrastructure. Every year, they shall submit to the regulatory authority a ten-year network development plan indicating the main infrastructure that needs to be built or modernised as well as the investments to be executed over the next ten years.

Distribution and supply

Member States shall designate distribution system operators or require undertakings which own or are responsible for distribution systems to do so.

Distribution system operators are mainly responsible for:

  • ensuring the long-term capacity of the system in terms of the distribution of gas, operation, maintenance, development and environmental protection;
  • ensuring transparency with respect to system users;
  • providing system users with information;
  • covering energy losses and maintaining reserve capacity.

The distribution system operator shall be independent in legal terms from other activities not relating to distribution.

Distribution systems responsible for distributing natural gas within a geographically confined industrial, commercial or shared services site may be classified by the competent authorities as closed distribution systems. On this basis, they may be exempted from the requirement to have their tariffs, or the methodologies underlying their calculation, approved in advance.

Unbundling and transparency of accounts

Member States and the competent authorities shall have right of access to the accounts of natural gas undertakings but shall preserve the confidentiality of certain information.

Natural gas undertakings shall keep separate accounts for all of their activities relating to the supply of gas, such as transmission and distribution.

Organisation of access to the system

Member States or the competent regulatory authorities shall define the conditions for access to storage facilities and linepack. They shall take measures to ensure that eligible customers can obtain access to upstream pipeline networks. Moreover, they shall organise a system of third party access to transmission and distribution systems.

Natural gas undertakings may refuse access to the system on the basis of lack of capacity or where access to the system would compromise the performance of their public service obligations. Substantiated reasons shall be given for any such a refusal.

Final provisions

A Member State may take the necessary safeguard measures in the event of a sudden crisis in the market or where the safety of persons is threatened. These measures shall be notified to the other Member States and to the Commission.

This Directive repeals Directive 2003/55/EC as from 3 March 2011.

Context

The 2007 Commission Communications entitled “Prospects for the internal gas and electricity market” and “Sector inquiry into the gas and electricity markets” highlighted the inadequacy of the rules and measures in force relating to the internal market in gas in meeting the objectives laid down for the proper functioning of the internal market. The adoption of new rules was required.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2009/73/EC

3.9.2009

3.3.2011

OJ L211 of 14.8.2009

Cross-border exchanges in electricity

Cross-border exchanges in electricity

Outline of the Community (European Union) legislation about Cross-border exchanges in electricity

Topics

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

Energy > Internal energy market

Cross-border exchanges in electricity (from 2011)

Document or Iniciative

Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (Text with EEA relevance).

Summary

This Regulation aims at laying down rules for cross-border exchanges in electricity with a view to improving competition and harmonisation in the internal market for electricity.

Certification of transmission system operators

National regulatory authorities shall send the European Commission notification of decisions concerning the certification of a transmission system operator. The Commission then has a period of two months to deliver its opinion to the national regulatory authority. The authority then adopts the final decision concerning the certification of the transmission system operator. This decision and the Commission’s opinion are published.

European Network of Transmission System Operators (ENTSO) for electricity

Creation of the ENTSO for Electricity

The European Network of Transmission System Operators (ENTSO) for electricity is responsible for managing the electricity transmission system and for allowing the trading and supplying of electricity across borders in the Community. By 3 March 2011, the transmission system operators for electricity shall submit to the Commission and to the Agency for the Cooperation of Energy Regulators the draft statutes for the ENTSO for electricity, a list of members and draft rules of procedure.

Tasks of the ENTSO concerning network codes

The Commission shall consult the Agency for the Cooperation of Energy Regulators and the ENTSO for Electricity in order to establish an annual list of the priorities which are to contribute to developing network codes. These codes shall be developed using a non-binding framework guideline submitted to the Commission by the Agency. The codes include rules and procedures relating in particular to:

  • network security and reliability;
  • data interexchange;
  • technical and operational exchanges;
  • transparency rules;
  • harmonised transmission tariff structures;
  • energy efficiency.

Tasks of the ENTSO for Electricity

The ENTSO for Electricity is responsible for adopting:

  • common network operation tools;
  • a ten-year network development plan;
  • recommendations relating to the coordination of technical cooperation between Community transmission system operators;
  • an annual work programme;
  • an annual report;
  • annual summer and winter generation supply outlooks.

Costs and financing

The costs related to the activities of the ENTSO for electricity shall be borne by the transmission system operators. They shall establish regional cooperation within the ENTSO for electricity and publish a regional investment plan every two years, on which investments may be based.

Transmission system operators shall receive compensation for costs incurred as a result of hosting cross-border flows of electricity on their networks. The compensation shall be paid by the operators of national transmission systems from which cross-border flows originate. The costs shall be established on the basis of forecasted costs.

Charges for access to networks shall also be applied by operators.

Information and congestion management

Transmission system operators shall put in place information exchange mechanisms to ensure the security of networks in the context of congestion management.

Network congestion problems shall be addressed with non-discriminatory solutions based on market mechanisms which give economic signals to the market participants and transmission system operators.

New interconnectors may, upon request, be exempted, for a limited period of time, from the general provisions governing congestion management on condition that:

  • their installation increases competition in electricity supply;
  • the level of risk necessitates the exemption;
  • the interconnection must be owned by a natural or legal person;
  • charges are levied on users of the interconnection;
  • the exemption must not be to the detriment of competition or the effective functioning of the internal market, or the efficient functioning of the of the regulated system to which the interconnector is linked.

This Regulation repeals Regulation (EC) No 1228/2003 as from 3 March 2011.

Context

The 1997 Commission Communication “An Energy Policy for Europe” highlighted the importance of creating an internal market for electricity and the implementation of fair competition between the various operators. As the rules and measures in force were not sufficient for achieving these objectives, it was necessary to adopt new provisions.

References

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

Regulation (EC) No 714/2009

3.9.2009

OJ L211 of 14.8.2009

Related Act

Commission Regulation (EU) No 838/2010 of 23 September 2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission charging (Text with EEA relevance).

This Regulation establishes an inter-transmission system operator compensation mechanism (ITC mechanism) for the costs caused by hosting cross-border flows of electricity. The transmission system operators contribute to the ITC fund in proportion to the absolute value of net flows onto and from their national transmission system. Furthermore, this Regulation lays down the annual average transmission charges paid by electricity producers.

Fund mergers and master-feeder structures relating to undertakings for collective investment in transferable securities

Fund mergers and master-feeder structures relating to undertakings for collective investment in transferable securities

Outline of the Community (European Union) legislation about Fund mergers and master-feeder structures relating to undertakings for collective investment in transferable securities

Topics

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

Internal market > Financial services: transactions in securities

Fund mergers and master-feeder structures relating to undertakings for collective investment in transferable securities (UCITS)

Document or Iniciative

Commission Directive 2010/44/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards certain provisions concerning fund mergers, master-feeder structures and notification procedure (Text with EEA relevance).

Summary

This Directive lays down provisions relating to the mergers of undertakings for collective investment in transferable securities (UCITS) and master-feeder structures within the framework of the Directive on the rules applying to UCITS. It forms part of the implementing measures of the latter instrument, which include Directive 2010/43/EU, Regulation (EU) No 583/2010 and Regulation (EU) No 584/2010.

UCITS mergers

In the case of a merger of a UCITS, the unit-holders * must be informed of the conditions of the merger and of its potential influence on the receiving UCITS. The unit-holders shall receive other information including in particular:

  • their rights before and after the proposed merger takes effect;
  • a comparison of charges, fees and expenses for both UCITS;
  • whether the management or investment company of the merging UCITS intends to undertake any rebalancing of the portfolio * before the merger takes effect;
  • details concerning any accrued income in the respective UCITS.

The merging and receiving UCITS shall provide unit-holders with information on the approval procedure for the proposed merger and the date at which the merger is to take effect.

Key investor information of the receiving UCITS shall be provided to the unit-holders of the merging and receiving UCITS.

Master-feeder structures

Agreements and internal conduct of business rules between feeder UCITS and master UCITS

The master UCITS shall provide the feeder UCITS with:

  • a copy of its fund rules or instruments of incorporation and key investor information;
  • information on the delegation of investment management and risk management functions to third parties;
  • internal operational documents.

In addition, the master UCITS shall provide certain information with regard to the basis of investment and divestment:

  • a statement of which share classes of the master UCITS are available for investment by the feeder UCITS;
  • the amount of charges and expenses to be borne by the feeder UCITS;
  • the terms on which any initial or subsequent transfer of assets in kind may be made from the feeder UCITS to the master UCITS.

Procedures in the case of liquidation of the master UCITS

Where the feeder UCITS intends to invest at least 85% of its assets in units of another master UCITS, it shall provide:

  • its application for approval of that investment;
  • its application for approval of the proposed amendments to its fund rules;
  • the amendments made to its key investor information.

Where a feeder UCITS intends to convert into a non-feeder UCITS, it shall provide:

  • its application for approval of the proposed amendments to its fund rules;
  • the proposed amendments to its key investor information.

Where a feeder UCITS wishes to be liquidated, it shall provide notification of this intention.

The competent authorities shall be responsible for informing the feeder UCITS if it intends to invest at least 85% of its assets in units of another master UCITS or if it intends to convert into a non-feeder UCITS. This should take place 15 days after receipt of the documents. Once the feeder UCITS has obtained approval from the competent authorities, it shall inform the master UCITS.

Procedures in the case of merger or division of the master UCITS

The feeder UCITS shall provide the competent authorities with its application for approval in the following cases:

  • where it intends to continue to be a feeder UCITS of the same master UCITS;
  • where it intends to become a feeder UCITS of another master UCITS;
  • where it intends to convert into a non-feeder UCITS;
  • where it intends to be liquidated.

As with the liquidation procedure, the competent authorities shall inform the feeder UCITS 15 days after the documents have been received. Once the feeder UCITS has obtained approval from the competent authorities, it shall inform the master UCITS.

The law of the Member State applying in the case of liquidation, merger or division shall also apply to information sharing between the two depositaries.

Key terms of the Act
  • Unit-holder: any natural or legal person holding one or several shares in a UCITS.
  • Rebalancing of the portfolio: a significant modification of the composition of the portfolio of a UCITS.

Reference

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

Directive 2010/44/EU

30.7.2010

30.6.2011

OJ L 176 of 10.7.2010

UCITS: organisational requirements and rules of conduct

UCITS: organisational requirements and rules of conduct

Outline of the Community (European Union) legislation about UCITS: organisational requirements and rules of conduct

Topics

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

Internal market > Financial services: transactions in securities

UCITS: organisational requirements and rules of conduct

Document or Iniciative

Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company (Text with EEA relevance).

Summary

This Directive is an implementing measure of the Directive on the rules applying to UCITS. It specifies the organisational requirements with which management companies managing UCITS must comply, as well as rules of conduct and rules on handling conflicts of interest. Furthermore, the Directive establishes requirements concerning the risk management process for UCITS.

Entities concerned by the Directive

This Directive applies to:

  • management companies which manage UCITS;
  • depositaries;
  • investment companies that have not designated a management company.

Administrative procedures and control mechanism

Management companies have a duty to:

  • implement decision-making procedures, and an organisational structure;
  • ensure that information is transmitted to the relevant persons * in the proper way;
  • implement appropriate internal control mechanisms;
  • maintain records of their business and internal organisation.

Management companies must safeguard the security, integrity and confidentiality of information.

They must put in place operational accounting procedures in such a way that all assets and liabilities of the UCITS can be directly identified at all times. The accounting procedures must be in accordance with the accounting rules of the UCITS’ home Member States.

As regards internal control mechanisms, the senior management of management companies are responsible for general investment policy. They oversee the approval of investment strategies for each UCITS.

Management companies must ensure permanent compliance. This consists of evaluating the adequacy and effectiveness of the measures taken to address any failures of the management company in complying with its obligations. Compliance also consists of advising and assisting the persons responsible for carrying out the services and activities of the management company. This work is to be carried out by a person designated for this purpose.

Management companies shall be responsible for maintaining a risk management function at all times, independently of operational units, in particular responsible for:

  • implementing the risk management policy and procedures;
  • ensuring compliance with the UCITS risk limit system;
  • providing advice to the board of directors as regards the identification of the risk profile of each managed UCITS;
  • reviewing and supporting the arrangements and procedures for the valuation of over-the-counter (OTC) derivatives.

Management companies shall put in place a procedure to prevent certain relevant persons * from:

  • performing a personal financial transaction or advising another person to perform such a transaction;
  • divulging information that might influence the behaviour of other persons as regards the choice of their transactions.

Portfolio transactions must be recorded in order facilitate future reconstructions of the details of the order, as must be subscription and redemption orders. These records are then to be retained for at least five years.

Conflict of interests

The following situations may lead to conflicts of interest, where:

  • the management company is likely to make a financial gain, or avoid a financial loss, at the expense of the UCITS;
  • the management company has an interest in the outcome of a service provided to the UCITS or another client which does not share the interests of the UCITS;
  • the management company has an incentive to favour the interest of another client;
  • the management company carries out the same activities for the UCITS as for another client;
  • the management company receives money, goods or services illegally.

Management companies are therefore obliged to define in writing an effective policy as regards conflict of interest, which preserves the independence of the relevant persons.

Rules of conduct

Management companies must treat UCITS unit-holders * fairly. Where they have carried out a subscription or redemption order for a unit-holder, they must send the unit-holder notice containing in particular the following information:

  • the management company identification;
  • the name of the unit-holder;
  • the date and time of receipt of the order and method of payment;
  • the date of execution;
  • the UCITS identification;
  • the number of units involved.

Management companies are not permitted to carry out a UCITS order in aggregate with an order of another UCITS or another client or with an order on their own account.

Risk management

Management companies must implement an operational risk management policy. They are to calculate the global exposure of the UCITS once a day.

Key terms of the Act
  • Relevant person: in relation to a management company shall mean a director, partner or equivalent, or manager of the management company, an employee of the management company, as well as any other natural person whose services are placed at the disposal and under the control of the management company and who is involved in the provision by the management company of collective portfolio management, or a natural person who is directly involved in the provision of services to the management company under a delegation arrangements to third parties for the purpose of the provision by the management company of collective portfolio management.
  • Unit-holder: any natural or legal person holding one or more units in a UCITS.

Reference

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

Directive 2010/43/EU

30.7.2010

30.6.2011

OJ L 176 of 10.7.2010

Undertakings for collective investment in transferable securities : applicable rules

Undertakings for collective investment in transferable securities : applicable rules

Outline of the Community (European Union) legislation about Undertakings for collective investment in transferable securities : applicable rules

Topics

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

Internal market > Financial services: transactions in securities

Undertakings for collective investment in transferable securities (UCITS): applicable rules

Document or Iniciative

Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (Text with EEA relevance) [See amending acts].

Summary

This Directive lays down rules applying to undertakings for collective investment in transferable securities (UCITS).

What sort of undertaking does the Directive apply to?

UCITS include undertakings:

  • with the sole object of collective investment in transferable securities or in other liquid financial assets, capital raised from the public and which operate on the principle of risk-spreading;
  • the units of which are repurchased or redeemed out of these undertakings’ assets.

These undertakings may be constituted under the following laws:

  • contractual law (as common funds managed by management companies *);
  • trust law (as unit trusts);
  • statute (as investment companies).

However, this Directive does not apply to:

  • collective investment undertakings of the closed-ended type;
  • collective investment undertakings which raise capital without promoting the sale of their units to the public in the European Union;
  • collective investment undertakings the units of which may be sold only to the public in third countries;
  • categories of collective investment undertakings prescribed by regulations.

What are the conditions for the authorisation of a UCITS?

A UCITS must be authorised by the competent authorities of its home Member State in order to be able to pursue activities. The competent authorities may not authorise a UCITS under the following circumstances:

  • if the investment company does not comply with the preconditions;
  • if the management company is not authorised for the management of UCITS in its home Member State.

The European Securities and Markets Authority (ESMA) can elaborate technical regulatory standards in order to specify the information to be provided to the competent authorities as part of a request for approval. ESMA publishes the list of approved management companies on its website.

The Commission has a delegation of power concerning the elaboration of draft technical standards.

Obligations regarding management companies

The activity of management of UCITS comprises portfolio management, marketing and administration including inter alia legal and fund management accounting services, valuation and pricing or issues and redemptions.

The competent authorities are to grant the authorisation of a management company under the following conditions:

  • it has a capital of EUR 125 000;
  • it complies with the organisational requirements laid down by this Directive;
  • the organisational structure of the management company is set out.

Relations with third countries are covered by the Markets in Financial Instruments Directive (MiFID). If difficulties are encountered in the marketing of units in a third country, Member States inform ESMA and the Commission.

Management companies may delegate to third parties one or more of their own functions.

Management company passport

A management company established in a Member State is authorised to pursue its activities in another Member State by establishing a branch or under the freedom to provide services.

In cases where a management company established in a third country refuses to provide information or infringes the provisions of the host Member State, the competent authorities of the host Member State have the option of taking certain measures, such as preventing the management company from carrying out any new operations on the territory.

Obligations regarding investment companies

Investment companies are undertakings:

  • with the sole object of collective investment in transferable securities or in other liquid financial assets, capital raised from the public and which operate on the principle of risk-spreading;
  • the units of which are repurchased or redeemed out of these undertakings’ assets.

Member States shall grant authorisation to establish an investment company that has not designated a management company if the investment company has an initial capital of at least EUR 300 000.

Investment firms which have not designated a management company must, however, enclose a programme of operations with the application for authorisation.

Investment companies shall manage only assets of their own portfolio and shall not manage assets on behalf of a third party.

Each investment company’s home Member State shall draw up prudential rules for investment companies that have not designated a management company.

Obligations regarding depositaries

The assets of a UCITS shall be entrusted to a depositary for safe-keeping. They must:

  • ensure that the sale, issue, repurchase, redemption and cancellation of units effected on behalf of a common fund or by a management company are carried out in accordance with the applicable national law and the fund rules;
  • ensure that the value of units is calculated in accordance with the applicable national law and the fund rules (common funds);
  • carry out the instructions of the management company, unless they conflict with the applicable national law or the fund rules (common funds);
  • ensure that in transactions involving a common fund’s assets any consideration is remitted to it within the usual time limits;
  • ensure that a common fund’s income is applied in accordance with the applicable national law and the fund rules.

The depositary must be established in the same Member State as the UCITS.

However, certain investment firms may decide not to have a depositary. In this case, the Member States shall inform ESMA and the Commission of the identity of those companies which benefit from this derogation.

Mergers of UCITS

Member States may allow UCITS to perform cross-border * and domestic * mergers. The techniques used must be provided for under the laws of the Member State.

When a merger takes place, the merging UCITS must communicate information concerning the proposed merger, the common draft terms of merger, and a statement by each of the depositaries of the UCITS concerned.

Member States shall require that the common draft terms of merger include the following particulars:

  • the background to and the rationale for the proposed merger;
  • the expected impact of the proposed merger;
  • the calculation method of the exchange ratio;
  • the planned date.

Obligations concerning the investment policies of UCITS

The investments of a UCITS shall mainly comprise:

  • transferable securities and money market instruments admitted to or dealt on a regulated market;
  • transferable securities and money market instruments admitted to or dealt on another market in a Member State;
  • recently issued transferable securities;
  • units of authorised UCITS or other collective investment undertakings;
  • deposits with credit institutions;
  • financial derivative instruments.

UCITS may not acquire precious metals.

The Directive also establishes requirements to be met by the initiator in order for a UCITS to be permitted to invest in securities and other financial instruments of this type, as well as the qualitative requirements to be met by the UCITS that invest in these securities or other financial instruments.

The UCITS Directive gives investment limits for each category of asset. ESMA can elaborate technical regulatory standards which aim, in particular, at clarifying the provisions relating to the categories of assets.

ESMA must have access to all the information in a consolidated format in order to ensure the surveillance of systematic risks at EU level.

Master-feeder structures

A feeder UCITS is a UCITS which is authorised to invest at least 85 % of its assets in units of another UCITS or an investment compartment thereof.

A feeder UCITS may hold up to 15 % of its assets in the following:

  • ancillary liquid assets;
  • financial derivative instruments;
  • movable or immovable property.

The competent authorities of the home Member State of a feeder UCITS must give their approval if it invests in a master UCITS.

Obligations concerning information to be provided to investors

Investment firms and management companies must publish a prospectus, a half-yearly report and an annual report for each of the common funds which they manage. Furthermore, Member States shall require that an investment company and, for each of the common funds it manages, a management company, draw up a short document containing key information for investors (“key investor information”).

UCITS which market their units in Member States other than those in which they are established

UCITS may market their units in another Member State subject to a notification procedure.

Member States shall appoint the competent authorities in order to carry out the functions provided for by this Directive. The competent authorities are required to cooperate with ESMA.

Key terms of the Act

  • Management company: a company, the regular business of which is the management of UCITS in the form of common funds or of investment companies (collective portfolio management of UCITS);
  • Cross-border merger: the merger of UCITS at least two of which are established in different Member States, or established in the same Member State into a newly constituted UCITS established in another Member State;
  • Domestic merger: a merger between UCITS established in the same Member State where at least one of the involved UCITS has been notified.

Reference

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

Directive 2009/65/EC

7.12.2009

30.6.2011

OJ L 302 of 17.11.2009

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2010/78/EU

4.1.2011

31.12.2011

OJ L 331 of 15.12.2010

Directive 2011/61/EU

21.7.2011

22.7.2013

OJ L 174 of 1.7.2011

Successive amendments and corrections to Directive 2009/65/EC have been incorporated in the basic text. This consolidated version is for reference purpose only.

Related Acts

Regulations

Commission Regulation (EU) No 583/2010 of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards key investor information and conditions to be met when providing key investor information or the prospectus in a durable medium other than paper or by means of a website [Official Journal L 176 of 10.7.2010].

This Regulation is aimed at harmonising key investor information.
It specifies the information to be provided concerning the investment policy objectives of UCITS and lays down detailed rules on the presentation of the risk and reward profile of the investment by requiring use of a synthetic indicator.
It also specifies the format for the presentation and explanation of charges incurred by investors.
It also applies to particular UCITS structures consisting of two or more investment compartments.

Commission Regulation (EU) No 584/2010 of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards the form and content of the standard notification letter and UCITS attestation, the use of electronic communication between competent authorities for the purpose of notification, and procedures for on-the-spot verifications and investigations and the exchange of information between competent authorities [Official Journal L 176 of 10.7.2010].

This Regulation aims at harmonising the procedure for notification of marketing of units of UCITS in another Member State.
It specifies on the one hand the form and content of the standard notification letter to be used by UCITS. It defines on the other hand the form and content of the attestation to be used by the competent authorities of Member States to confirm that the UCITS fulfils the conditions laid down by Directive 2009/65/EC. The Regulation also sets out a detailed procedure for the electronic transmission of the notification file between competent authorities.
It also lays down procedures for the supervision of fund managers’ frontier activities.

Directives

Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company [Official Journal L 176 of 10.7.2010].

Commission Directive 2010/44/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards certain provisions concerning fund mergers, master-feeder structures and notification procedure [Official Journal L 176 of 10.7.2010].

A stronger partnership to deliver market access

A stronger partnership to deliver market access

Outline of the Community (European Union) legislation about A stronger partnership to deliver market access

Topics

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

Enterprise > International dimension and enlargement

A stronger partnership to deliver market access

The Commission proposes a stronger partnership with European companies and Member States to deliver market access. It is setting priorities and calling for efficient and transparent market access tools.

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 18 April 2007: “Global Europe: a stronger partnership to deliver market access for European exporters” [COM(2007) 183 final – Not published in the Official Journal].

Summary

In today’s global economy, market access significantly influences the economic strength of European companies and exporters. Establishing an efficient commercial policy is indispensable for growth and employment and ensures that European companies remain competitive and have genuine market access.

In the interest of fair competition, emerging economies must further open their markets and bring down their barriers to trade. The European Union (EU) is prepared to do the same in order to promote competition and innovation and attract foreign investment.

Given that progressive market liberalisation leads to positive results for both developed and developing countries, the EU is prioritising its commitments to the World Trade Organisation (WTO) and the Doha Development Agenda. However, a renewed policy, focused on specific problems and markets, is needed.

The Commission proposes a stronger partnership with Member States and European businesses with a view to establishing a clearer, more results-oriented approach. This partnership must focus on:

  • specific problems encountered in third-country markets;
  • identifying weaknesses in the current system;
  • how EU policy must change to reflect a changing global economy.

The Commission plans to decentralise the current system, rendering it more efficient and transparent, and make better use of local knowledge and initiative through the development of specialist EU teams made up of representatives from the Commission, Member States and companies. Finally, it calls for Community priorities to be defined in order to focus on the most pressing challenges.

Market access in a changing global economy

The trade barriers in today’s global economy are:

  • tariff barriers and burdensome customs procedures;
  • restrictions on access to raw materials;
  • barriers to trade in services and to foreign direct investment;
  • restrictive government procurement practices;
  • unfair or discriminatory fiscal practices (reliance on State aid, subsidies and methods in breach of WTO trade defence rules such as the anti-dumping measures);
  • misuse of unjustified measures concerning health, safety and technical regulations;
  • poor protection and inadequate implementation of intellectual property rights (IPR).

These barriers to trade are complicated and difficult to detect. Non-tariff and other “behind-the-border” barriers are increasingly important. Many market access problems now arise because existing rules are not correctly implemented. Only better coordination between Member States, businesses and the Commission can make it easier to detect, analyse, assess and eliminate them.

Stakeholders’ support for change

Consultation of the stakeholders confirmed that market access requires stronger action at Community level and a more results-oriented approach. The recommendations include:

  • improving the mix of policy instruments;
  • engaging actively in multilateral and bilateral negotiations;
  • taking steps to ensure that agreements are enforced;
  • maximising results though closer cooperation between the Commission, Member States and businesses;
  • better prioritising of action against barriers to trade;
  • offering businesses a more efficient and transparent service;
  • eliminating barriers to trade in goods and services, intellectual property and investment.

The right mix of policy instruments to deliver market access

We cannot rely on a single avenue or mechanism to tackle trade barriers. Although the WTO system and multilateral cooperation are still the best way to guarantee market access, we must use formal and informal multilateral and bilateral instruments. In the WTO, successful completion of the Doha round is the EU’s priority. The scope for using accession negotiations to secure greater market access is constantly diminishing, as the most important trading countries have now joined the WTO (China) or are about to do so (Russia). Multilateral cooperation will thus be strengthened by the launch of new negotiations on bilateral Free Trade Agreements with ASEAN, Korea, India, the Andean and Central American countries, as well as by the continuation of talks with Mercosur and the Gulf Cooperation Council.

Rights under the WTO Dispute Settlement Understanding should be actively pursued, taking advantage of flexible dispute avoidance and resolution mechanisms based on mediation. To this end, complaints against violation of bilateral treaties will be included in the Trade Barriers Regulation.

The EU’s position in international standardisation bodies will be reinforced, giving it greater influence in international cooperation.

However, compliance with the rules is largely dependent on administrative capacities, training instruments and technical infrastructures. The Commission and the EU are therefore committed to increasing trade-related assistance in order to reduce these constraints. The Commission also proposes to encourage third countries to use notification procedures to lift trade restrictions.

Finally, it reaffirms the increasingly important role played by political contacts and international diplomacy, in addition to other policy instruments, in tackling barriers to trade.

Towards a stronger partnership

The Commission proposes the establishment of a new partnership with Member States and European businesses. These trilateral discussions will lead to the identification of better ways of working with a view to:

  • establishing priorities for action in removal of trade barriers;
  • linking up databases;
  • developing a network of market access specialists.

Commission delegations, Member States’ embassies and European businesses operating abroad are best placed to:

  • identify the problems encountered;
  • determine whether coordinated action with different specialists is required;
  • conduct local follow-up.

The efficency of this joint effort depends on contacts and systematic cooperation, making it possible to improve information collection, identify legislative proposals and use local knowledge.

In Brussels, the “Market Access” Advisory Committee is tasked with:

  • promoting the exchange of best practice;
  • enhancing coordination;
  • working closely with the Trade Barriers Regulation Committee.

Although the overall advisory committee on trade policy (133 Committee) remains the main forum for discussion, other specialist committees will continue to play an important role. The Commission will discuss market access issues on a regular basis with the European Parliament.

Establishing priorities

Given the increasing complexity of trade barriers, making them more difficult to detect and remove, we need to focus on the highest priorities, namely:

  • economic benefits in the short and the medium term for EU businesses;
  • barriers representing a serious infringement of an agreement;
  • resolution of the problem within a reasonable timeframe.

Priorities will be defined in terms of countries, sectors and categories of problem.

However, prioritisation must not be a straitjacket; rather it must provide guidance for using resources better.

A more effective and transparent service

A prevention-based “early warning” approach allows potential barriers to be identified and tackled at source and means that any concerns are made known before draft regulations or legislation are set in stone. The main challenge is the time needed to successfully remove barriers. European businesses need quicker, more responsive action. The Commission therefore proposes to improve and streamline the way it registers, analyses and tackles complaints.

It is the role of European businesses to provide much of the information on barriers to market access. The Commission’s role is to ensure that this information is shared by registering the complaints received in the Market Access Database and establishing web-links with other databases for greater accessibility. This database, which is available on line, provides rapidly accessible and reliable information with regard to applied tariffs, trade barriers, import formalities and documentary requirements for imports. The Commission is launching a promotional campaign in and with the Member States to raise the profile of the database and encourage European companies to register their complaints. Cases will be given a unique registration number to facilitate their tracking through the system in a transparent manner. Moreover, the Commission undertakes to update the information available on the database and develop new sections over time to improve its coverage in areas such as services, IPR enforcement and investment. The Commission is currently looking at ways to link the Market Access Database and the Helpdesk for Developing Country Exporters.

Conclusions

A stronger partnership to deliver market access is needed to achieve a global Europe and represents a significant contribution to the Lisbon agenda for growth and jobs. The success of the current initiative will depend on:

  • the strength of the new partnership;
  • the allocation of sufficient resources;
  • optimum use of resources.

The Commission is committed to taking up this challenge and calls for the participation of all interested parties.

Further information on the DG External Trade website.

Related Acts

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 4 October 2006:”Global Europe: Competing in the World”[COM (2006) 567 final – Not published in the Official Journal].

Global Europe: Competing in the world

Global Europe: Competing in the world

Outline of the Community (European Union) legislation about Global Europe: Competing in the world

Topics

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

Enterprise > International dimension and enlargement

Global Europe: Competing in the world

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 4 October 2006 “Global Europe: Competing in the world” [COM(2006) 567 final – Not published in the Official Journal].

Summary

As part of the external aspect of the Lisbon Strategy promoting growth and jobs, the Commission proposes an ambitious programme for the competitiveness of the European Union (EU) and its businesses that places the emphasis on open markets. Fundamental to the programme are the rejection of protectionism in Europe, the opening up of the principal markets outside Europe and the bringing together of the EU’s internal and external policies.

In this context, the Commission presents an analysis of the foundations of the EU’s common commercial policy and competitiveness. Furthermore, the Commission outlines the measures necessary to respond to both these priorities and the challenges of globalisation.

The global economy is characterised by an increasing integration facilitated, notably, by new information and communication technologies and the reduction in the costs of transport. This increasing integration leads to a strong interdependence between economies and industries at global level, bringing about as many opportunities as it does risks for both citizens and the planet.

THE FOUNDATIONS OF EUROPEAN COMPETITIVENESS

Faced with these challenges, the EU must reinforce its competitiveness through the use of transparent and effective rules.

Firstly, European competitiveness is based on sound internal policies, namely:

  • competitive markets which encourage the competitiveness of European businesses. The Single Market benefits from high-quality, transparent rules that make it possible to benefit from economies of scale and use resources efficiently. Furthermore, competition encourages businesses to provide high-quality products. Despite the strong performance of European businesses compared with their global competitors in the sectors of manufacturing and services, high-technology sectors could still improve in terms of innovation, education, research and development;
  • economic openness: unlike protectionism, opening up to international trade and investment generates competitive pressures which benefit innovation, new technologies and investment, thereby facilitating the use of Single Market resources. In this context, trade defence instruments adapted to global trade remain indispensable to combat unfair commercial practices;
  • social justice: the EU must be in a position to cope with the impact caused by an opening up of the markets, notably an acceleration in structural changes brought about by globalisation. This acceleration can have a negative impact on certain sectors, regions or workers. Therefore, not only must the effects of an opening up be predictable, but the values, particularly those concerning social and environmental issues, must also be promoted throughout the world.

Secondly, European competitiveness is based on the opening up of foreign markets based on fair rules. The EU should in particular show a commitment to opening up markets in emerging countries, which account for a growing share of global trade. The opening up of the markets in China, India and Brazil has shown the benefits that this can bring in terms of development and the fight against poverty.

Nevertheless, to draw the maximum benefit from an opening up of markets, new trade obstacles must be tackled head-on, going beyond customs duties. Against this background, the common commercial policy should place the emphasis on:

  • non-tariff barriers: beyond customs tariffs, non-tariff barriers (trade-restricting regulations and procedures) are often less visible, more complex and more sensitive because they have a direct impact on domestic regulation. To promote trade that abides by transparent and non-discriminatory rules, the Commission, Member States and industry must define new ways of working in addition to the traditional methods at their disposal (mutual recognition, dialogues on standardisation and regulation, technical assistance to third countries).
  • access to resources: European industry should have access to key resources such as energy, raw materials, metals and scrap. This access should not be restricted other than for environmental or security reasons. Accordingly, and in view of the essential nature of energy access for the EU, a coherent policy is needed to guarantee a diversified, competitive, secure and sustainable energy supply both within the Union (competitive market, promotion of a sustainable, efficient and diverse energy mix) as well as outside its borders (non-discriminatory access to export infrastructures for third and transit countries, assistance to third countries to strengthen their capacities and infrastructures). In this context, the link between trade and the environment should be strengthened because of the impact which trade can have on the environment, in particular on biodiversity and the climate. Energy efficiency, renewable energy sources and the rational use of energy should be encouraged.
  • new growth sectors: intellectual property rights (IPRs), services, investment, internal markets and competition. These sectors offer major opportunities for the European economy, provided that a gradual liberalisation of global trade and transparent, effective and respected rules (both national and international) facilitate exchanges between the EU and its trading partners. Bilateral and international cooperation should therefore be strengthened.

ACTION PLAN

The Commission proposes an action programme aimed at strengthening the EU’s external competitiveness and meeting global challenges. To achieve this, the action plan identifies the necessary priorities and methods, comprising an internal and an external dimension.

Internal dimension

European businesses must benefit from the EU’s competitiveness and its citizens should feel the advantages. The Lisbon Strategy constitutes the foundation of the EU’s competitiveness. In this context, the communication from the Commission entitled “A Citizens’ Agenda” [COM(2006) 211 final] of May 2006 offers an in-depth examination of the Single Market to guarantee businesses’ competitiveness through diversification, specialisation and innovation.

The process of framing EU policies should focus on the Union’s capacity to respond to global challenges. Coherent regulation at European or international level is therefore essential, and international and bilateral cooperation is of equal importance. The EU encourages good practices to be imparted, but also an open and flexible approach towards drafting these rules.

Concerning the repercussions of an opening up of the markets, the Commission and the Member States will ensure that the European citizens reap the benefits, notably through the introduction of a systematic monitoring of both import and consumer prices.

Furthermore, adaptation to change is a key factor for growth and employment. Cohesion programmes and the Globalisation Adjustment Fund will make it possible to predict and respond to these changes. The European customs system will also be modernised (revision of customs code, introduction of e-customs).

External dimension

Concerning external action, the EU maintains its commitment to multilateralism, which offers the means to eliminate trade barriers in a stable and sustainable manner. The World Trade Organisation (WTO) is the framework of choice to achieve these goals and the EU supports resuming the Doha round of trade negotiations.

As well as multilateralism, the EU must also endeavour to promote a faster and more comprehensive trade liberalisation within the framework of its bilateral relations. The Free Trade Agreements
(FTAs) will be a driving force towards achieving this goal. These have the advantage of being able to cover domains not provided for either by an international regulation or the WTO. As well as serving the EU’s neighbourhood and development policies, the FTAs should also bring increased benefits to the European Union’s commercial interests. Nevertheless, the Commission notes that the FTAs should have a wider scope of content than the existing ones in the context of neighbourhood policy, the Economic Partnership Agreements (EPAs) currently being negotiated with the African, Caribbean and Pacific (ACP) countries, or the Association Agreements with Latin America and the Andean Community.

The EU must define economic criteria to negotiate and conclude FTAs and to identify its partners, such as the market potential measured in terms of size and economic growth, the level of protection vis-à-vis exports from the EU (customs tariffs, non-tariff barriers), etc. Other factors will also come into play, such as negotiations between the EU’s potential partners and its competitors, the impact of these negotiations on the EU and the risk that they pose to the partners’ preferential access to the Union’s markets. Based on this, the partners to be privileged are the ASEAN countries, South Korea and India which fulfil the criteria mentioned, as well as Mercosur, Russia, the Gulf Cooperation Council and China.

As regards content, these agreements must be more comprehensive, more ambitious and broader to encompass a wide range of areas covering services and investment as well as IPRs. The FTAs must provide for a regulatory convergence to effectively combat non-tariff barriers, stronger and stricter provisions (IPRs, competition), simple and modern rules of origin adapted to suit circumstances, and monitoring mechanisms to evaluate implementation and results. The FTAs will be adapted to the specific considerations of development (including impact studies) and sustainable development. They will also respond to the needs of each country in accordance with the EU’s strategies towards these countries and the regions to which they belong.

Transatlantic trade is at the heart of the EU’s bilateral relations, in particular with the aim of meeting global challenges. The EU will continue to encourage the elimination of non-tariff barriers, given the economic advantages of a comprehensive liberalisation of trade between the partners. To this end, negotiations under the transatlantic economic initiative are continuing.

China is both an essential partner and a challenge for the EU, offering growth and employment opportunities. China itself is faced with challenges while accounting for an increasing share of global trade. Therefore, as part of its strategy for China, the EU proposes focusing on these challenges, establishing priorities and pursuing closer cooperation in these areas.

The EU and its partners must agree to do more concerning respect for intellectual property rights
(IPRs). This action will take the form of special provisions in bilateral agreements, a strengthening of customs cooperation, dialogues, an increase in presence and resources in the field and awareness-raising among European businesses. The principal countries concerned will be China, Russia, the ASEAN countries, Korea, Mercosur, Chile, Ukraine and Turkey in connection with its accession negotiations.

The Market Access Strategy established in 1996 was renewed in 2007. The Commission proposes strengthening its work by refocusing action on certain countries and sectors as well as on the opening up of their markets to third countries. This effort must be made in cooperation with industry and the Member States.

The internal markets of third countries must be opened up to European suppliers. The Commission will launch an initiative aimed at reducing restrictive practices which are discriminatory. If necessary, targeted restrictions will be maintained for uncooperative countries with the aim of encouraging them towards a mutual opening up of markets.

Trade defence instruments will be a part of multilateralism. The EU will therefore ensure that its partners’ instruments are justified, transparent and in compliance with international rules. Failing this, the EU could fall back on dispute settlement mechanisms such as that of the WTO. Furthermore, the EU will concentrate on improving its own instruments, which must respond to demands in terms of efficiency and adaptation to global changes in order to ensure that the diversity of European interests is taken into account.

Related Acts

Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the external dimension of the Lisbon strategy for growth and jobs – Reporting on market access and setting the framework for more effective international regulatory cooperation [

COM(2008) 874

final – Not published in the Official Journal].
This Communication is the first annual report concerning open markets in the European Union (EU) and access by European companies to global markets.

The Commission supports the strengthening of international cooperation and bilateral relations, to improve regulatory convergence, in particular in the financial sector. High standards must be adopted in terms of product safety, and protection of consumers and the environment. Particular efforts are being made with Enlargement countries, Neighbourhood Policy partners, the United States, China and Russia.

The report notes a reduction in import tariffs and duties. However, the general trend to increase non-tariff barriers is a hindrance to trade. The EU intends to use all instruments available to facilitate trade. It supports the conclusion of multilateral trade agreements in the context of the World Trade Organization (WTO), to achieve open and fair markets. Similarly for the conclusion of bilateral and regional Free Trade Agreements (FTAs). The removal of trade barriers can be facilitated through notification procedures and dispute settlement as laid down in the WTO agreements.

The EU Member States are pursuing coordinated action through the participation of all those involved, including at local level. As part of the Doha round of negotiations, European strategy aims in priority at improving access for companies in sectors with high potential for growth, guaranteeing compliance with intellectual property rights and developing internationalisation of small and medium enterprises through specific assistance measures.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 18 April 2007 “Global Europe: A stronger partnership to deliver market access for European exporters” [COM(2007) 183 final – Not published in the Official Journal].

Communication from the Commission of 6 December 2006 “Global Europe: Europe’s trade defence instruments in a changing global economy – A Green Paper for public consultation” [COM(2006) 763 final – Not published in the Official Journal].
The results of the consultation were published on 19 November 2007 (pdf ).