Plenary Session on 25 and 26 March 2014 - Summary of Opinions Adopted

Plenary Session on 25 and 26 March 2014 - Summary of Opinions Adopted

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European Economic and Social Committee

EESC-2014-01258-00-00-TCD-TRA

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Brussels, 10 April 2014

PLENARY SESSION
ON 25 AND 26 MARCH 2014
SUMMARY OF OPINIONS ADOPTED
This document is available in the official languages on the Committee's website at:

The opinions listed can be consulted online using the Committee's search engine:

EESC-2014-01258-00-00-TCD-TRA

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Summary:

1.Economic Governance / Financial Instruments / Taxation

2.Environment / Animal husbandry

3.Transport / Energy

4.Single Market

5.Employment/Social affairs

The plenary session of 25 and 26 March 2014 was hallmarked by a general debate with the Committee president on topical issues and by statements by Ms Madi Sharma, EESC member, in her capacity as spokesperson for the European Citizens' Initiative "Act4Growth"

The following opinions were adopted at the session:

  1. Economic Governance / Financial Instruments / Taxation
  • Trade secrets

Reference:COM(2013) 813 final – 2013/0402 (COD) –EESC-2013-08066-00-00-AC-TRA

Key points:

The Committee supports the objective of the Commission proposing that the legal protection of know-how and trade secrets be harmonised, since they are key elements in promoting businesses' capacity for innovation in general and their competitiveness, especially that of SMEs.

The Committee welcomes the balanced approach of the proposed directive in that it seeks to guarantee legal certainty and enhance the value of innovations covered by the trade secrets by means of greater legislative convergence compatible with international law.

Contact:Roxana Maliti

(Tel.: 00 32 2 546 87 49 – e-mail: )

  • Taxation - Parent subsidiary directive

Rapporteur:Petru Sorin Dandea (Employees – RO)

Reference:COM(2013) 814 final - 2013/0400 (CNS) - CES8092-2013_00_00_TRA_AC

Key points:

The EESC

  • welcomes the proposal for a review of the Parent-Subsidiary Directive, and considers that it is a major step forward in implementing the action plan to strengthen the fight against tax fraud and tax evasion.
  • endorses the Commission proposal aiming to implement a general anti-abuse rule (GAAR).
  • supports the effort to curb the use of hybrid financial instruments enabling cross border groups to obtain tax advantages which undermine competition within the single market.
  • recommends that when implementing this directive, Member States take account of the Commission's recommendation on aggressive tax planning as well as the interpretation of the European Court of Justice.
  • recommends that the Commission draw up a recommendation which will help the Member States ensure that the transposition of the directive is legally correct.
  • asks that Member States should adhere to very clear legal definitions in order to ensure that the directive is implemented correctly, without creating complicated situations for businesses and tax administrations.

Contact: Gerald Klec

(Tel: 00 32 2 546 9909 - e-mail: )

Contact: Siegfried Jantscher

(Tel: 00 32 2 546 8287 - e-mail: )

  • Capital increase of the European Investment Fund

Rapporteur:Michael Smyth (Various Interests – UK)

Reference:COM(2014) 66 final – 2014/0034 (COD) –EESC-2014-01436-00-00-AC-TRA

Key points:

The EESC

  • supports the move to recapitalise the European Investment Fund (EIF) to allow it to expand its roles as provider of risk capital to high growth and innovative small and medium sized enterprises (SMEs).
  • is right to pose the question
  • as to whether even this increase is too small?

and

  • whether there is not a case for an even larger recapitalisation of the Fund to enable it to do even more?
  • restates its call for the EIF to be substantially recapitalised to fulfil the role originally envisaged for it – namely as a European venture capital fund and a special remit to finance high-tech start-ups.

Contact:Claudia Drewes-Wran

(Tel.: 00 32 2 546 80 67 – e-mail: )

  1. Environment / Animal husbandry
  • Market-based instruments towards a resource efficient and low carbon economy in the EU (own-initiative opinion)

Rapporteur: Martin Siecker (Employees – NL)

Corapporteur:Lutz Ribbe (Various Interests – DE)

Reference:EESC-2013-06638-00-01-AS-TRA

Key points:

Progress in the transition to a resource efficient and low carbon economy has been not vigorous enough. If the EU is to achieve its objectives for 2050, faster progress is needed. Together with a clear, effective, strong and efficient regulatory framework, consequent and predictable market-based instruments (MBIs) should play a key role in continuing to sustainably incentivise the investments needed to make this transition possible.

The use of MBIs in the EU at the moment is not sufficiently consistent and coherent. EU Member States do not fully exploit the opportunities the transition to a low-carbon economy can offer for the innovation and modernisation of European industry and boosting employment. We need to strengthen and enhance MBIs in a way that sends a strong and coherent signal to the markets.

Contact:Andreas Versmann

(Tel.: + 32 (0)2 546 8479 - e-mail: )

  • Maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency
    (Category C)

Reference:COM(2013) 943 final -2013/0451 NLE[1] - EESC-2014-01556-00-00-PAC-TRA

Key points:

Since the Committee has already set out its views on the entire proposal in question in its previous opinion, it decided not to draw up a new opinion on the subject, but to refer to the position it had already taken.

Contact:Petra Dlouhá

(Tel.: 00 32 2 546 8394 – email: )

  • References to zootechnical legislation (category C)

Reference:COM(2014) 4 final -2014/0033 COD - EESC-2014-01557-00-00-PAC-TRA

Key points:

Since the Committee has already set out its views on the content of the proposal in question in its previous opinions, it decided not to draw up a new opinion on the subject, but to refer to the position it had already taken.

Contact:Petra Dlouhá

(Tel.: 00 32 2 546 8394 – email: )

  • Zootechnical and genealogical conditions for trade in and imports into the Union of breeding animals and their germinal products (Category C)

Reference:COM(2014) 5 final -2014/0032 COD - EESC-2014-01558-00-00-PAC-TRA

Key points:

Since the Committee has already set out its views on the content of the proposal in question in its previous opinions, it decided not to draw up a new opinion on the subject, but to refer to the position it had already taken.

Contact:Petra Dlouhá

(Tel.: 00 32 2 546 8394 – email: )

  1. Transport / Energy
  • Internal electricity market/public intervention

Rapporteur: Pierre Jean Coulon (Employees – FR)

Corapporteur:Sorin Ioniţă (Various Interests – RO)

Reference:C(2013) 7243 final - EESC-2013-06389-00-00-AS

Key points:

For the EESC, this communication provides an opportunity to give new impetus to the process of EU electricity market integration.

It recommends that the terms "public intervention" and "state aid" be clarified. Making the most of public intervention does not mean that it should be systematically reduced or expanded, but rather that it should be optimised.

The EESC supports the idea of "Europeanising" aid schemes for renewables and urges the Commission to do more to facilitate cooperation mechanisms between Member States. It highlights the urgent need to develop transmission infrastructure and strengthen electricity interconnections.

The EESC agrees that support for new technologies should be reconsidered as they mature and asks the Commission to provide a clear definition of the term 'mature energy source' - a definition that can develop over time.

Universal access to energy should be at the heart of Europe's energy policy and should be enshrined in the Treaty. The EESC urges the Commission to take measures to provide better safeguards for public service obligations and further strengthen them, irrespective of current austerity constraints.

Contact:Sébastien Occhipenti

(Tel.: 00 32 2 546 8424 – email: )

  • Shift2Rail Joint Undertaking

Rapporteur:Juan Mendoza Castro (Workers – ES)

Reference:COM(2013) 922 final – 2013/0445 (NLE) –EESC-2014-00553-00-00-AC-TRA

Key points:

The EESC

  • sees the S2R Joint Undertaking as a key contribution to safeguarding the European industry's leadership position in the strategic railway sector;
  • draws particular attention to the importance of employment;
  • believes that, as well as setting standards and adopting harmonisation measures, the EU must encourage a transnational framework for pooling efforts;
  • considers however that additional funds must be added to the planned overall budget - EUR920 million - since achieving S2R's ambitious objectives will require investment of an estimated total of EUR1.4 billion;
  • highlights the importance of S2R to maintaining the competitiveness of the European railway equipment and services industryand considers that, by dint of innovation, SMEs will also play a key role in S2R;

Contact:Daniel Squerzi

(Tel.: 00 32 2 546 85 49 – e-mail: )

  1. Single Market
  • Statute for a European Mutual Society (own-initiative)

Rapporteur:Mario Campli (Various Interests – IT)

Reference:EESC-2014-00778-00-00-AC-TRA

Key points:

The EESC

  • in accordance with the commitments it made at the Strasbourg event on social entrepreneurship, urges the Commission to move quickly to introduce the legislative proposal on the draft regulation on the Statute for a European Mutual Society;
  • wishes the mutualist model to be recognised through a coherent European-level legal framework consistent with its economic weight and social role;
  • recommends that the statute should be concerned with governance rather than activities, in order to maintain the wide variety of mutual societies;
  • recommends that the statute should not aim to harmonise national laws and that it should be optional;
  • calls for a precise timetable for the presentation and adoption of the draft Statute for a European Mutual Society to be made public.

Contact:Luís Lobo

(Tel.: 00 32 2 546 97 17 – e-mail: )

  • The liberal professions (own-initiative)

Rapporteur:Arno Metzler (Various Interests – DE)

Reference:EESC-2013-01748-00-00-AC-TRA

Key points:

The system of liberal professions is a component of free civil society in Europe. While the term "liberal professions" is not used in all Member States, the concept, and the associated societal problems and solutions, can be found throughout the EU.

The EESC opinion addresses a range of issues related to the role and future of the liberal professions in Europe.

Contact:Luís Lobo

(Tel.: 00 32 2 546 97 17 – e-mail: )

  • Small claims procedure/ order for payment

Rapporteur:Reine-Claude Mader (Various Interests – FR)

Reference:COM(2013) 794 final – 2013/0403 (COD) –EESC-2014-00025-00-00-AC-TRA

Key points:

The EESC

  • welcomes the proposed regulation, which is intended to facilitate trade within the internal market and improve access to justice in cross-border disputes;
  • supports the proposal to extend the procedure's scope by raising the ceiling and broadening the concept of "cross-border disputes";
  • endorses the proposal to limit the costs of proceedings, but recommends to clearly define that term to ensure that the measure is effective;
  • considers that all ways and means of making procedures easier for the parties (including the use of new technologies) should be supported;
  • reiterates the need to provide for consumers and SMEs to have access to assistance throughout proceedings and emphasizes the role of consumer associations, European consumer centres and business federations in this respect;
  • draws attention to the fact that the stated aim of encouraging the regulation of small disputes will not be achieved unless appropriate information on its existence is made available;
  • considers that in order to be effective, the procedural forms must be clear and easy for everyone to understand.

Contact:Dorota Zapatka

(Tel.: 00 32 2 546 90 67 – e-mail:

  1. Employment/Social affairs
  • Proposal for a Directive of the European Parliament and of the Council on seafarers

Rapporteur: Christos Polyzogopoulos (Employees – EL)

Reference:COM(2013) 798 final -2013/0390 COD - EESC-2013-08036-00-00-AS-TRA

Key points:

The Committee supports the proposal for a directive aimed at improving the level of protection of rights enshrined in the EU Charter of Fundamental Rights and ensuring a level playing field for competition at EU level.

The Committee welcomes the proposal to address exclusions which may make it harder for seafarers to enjoy the same rights under European labour law as workers with shore-based jobs.

The Committee considers that the proposed directive could help to promote employment in the maritime and fishery sectors and improve living and working conditions, social protection and dialogue between management and labour, consistent with the general policy aims envisaged under Article 151 TFEU.

The Committee thinks that the proposed directive is a step in the right direction to encourage young people to take up professions in the maritime and fishery sectors and make seafaring careers viable, as it will make these sectors more attractive and, in terms of labour rights, place them on an equal footing with shore-based occupations.

Nevertheless, the Committee notes that the proposed directive alone will not suffice to make the maritime sector more attractive. It will have to be accompanied by measures and initiatives already put forward by the EESC in the areas of training, education, research, health and safety promotion, entrepreneurship and innovation leading to the provision of safe, stable and competitive services of a high quality.

The Committee also considers that the proposed directive could make for a more level playing field for competition in the European market by tackling a situation where certain companies are exempted from certain obligations. It points to the need to ensure a level playing field within the EU but also internationally, given the international nature of maritime activities and competition, and stresses the importance of actively discouraging social dumping and unfair competition.

The proposal mentions a transition period of five years for implementing the directive. The Committee strongly recommends reducing this period to three years.

Contact:Andrei Popescu

(Tel.: 00 32 2 546 9186 – email: )

  • Procedural Rights Package

Rapporteur:Xavier Verboven (Employees – BE)

Reference: COM(2013) 821 final; COM(2013) 822 final; COM(2013) 824 final; COM(2013) 820 final – EESC-2014-00347-00-00-AC-TRA

Key points:

The Committee welcomes and endorses the Commission proposals for directives and recommendations on presumption of innocence, procedural safeguards for children and vulnerable groups, and provisional legal aid. It does, however, have some reservations and suggestions for strengthening the baselines and goals of these proposals:

On the presumption of innocence, the Committee would emphasise that no-one is guilty before the final verdict is reached, and that this is an inviolable right. It would underline that public confidence in the legal system requires judges to be immune to pressure or influence of any type, including from the media.

On procedural safeguards for children in criminal proceedings, the Committee would point out that children are in a most vulnerable position when they are deprived of their liberty, given the risks that this entails for their mental and physical wellbeing. Priority must be given to initiatives which help integrate children facing criminal proceedings as swiftly as possible into society and everyday life.

On provisional legal aid, the Committee endorses the recommendation that seeks to further harmonise the criteria for decisions about the right to legal aid in criminal proceedings. Legal aid in such proceedings must not be jeopardised because of the budgetary difficulties facing some Member States, and it wonders to what extent resources could be made available at European level, say in the form of a European fund.

It notes that the proposed directives on the presumption of innocence and safeguards for children only apply in the framework of criminal proceedings. The Committee holds the view that the term "criminal proceedings", along the lines of European Court of Human Rights case-law in this domain, should be able to be interpreted in European law independently of its classification in Member States' laws.

On the proceedings in absentia referred to in Article 8 of the proposed directive on the presumption of innocence, the Committee notes that this provision states that criminal proceedings may only be held in the absence of the accused person if it has been unequivocally established that the person concerned is aware of the scheduled trial.

Contact:Maria Jose Lopez Grancha

(Tel.: 00 32 2 546 92 93 – email: )

  • Impact of social investment (own-initiative opinion)

Rapporteur:Wolfgang Greif (Employees – AT)

Reference: EESC-2013-06193-00-00-AC-TRA

Key points:

The EESC takes the view that, particularly in times of crisis, there is an enormous need for social investment in order to counter the increasing risk of poverty. This also has significant Europe-wide employment potential, which must be mobilised by private and public investment.

The better social investment is embedded within a credible macroeconomic and institutional framework, the higher the social, economic, fiscal and social benefits, i.e. the "multiple dividends" of those investments will be.

The EESC believes that a consistent and successful implementation of a broad-based social investment package is associated with the following key requirements:

  • The need for a European stimulus and investment programme to the tune of 2% of GDP;
  • In addition to increasing the efficiency and effectiveness of public spending, it is imperative that new sources of revenue be identified;
  • Social investments must be fixtures in the Europe 2020 Strategy and the European Semester. They should be explicitly taken into account in the Annual Growth Surveys and country-specific recommendations;
  • The proposal to exclude social investments from the calculation of net government deficits under the EMU's fiscal rules should be further examined in order to be considered;
  • Efforts should be made to ensure methodical progress and the development of suitable tools to measure the (positive) effects of increased social investment and refinement of social indicators in the institutional framework of the EMU.

Moreover, the Commission should provide for a more ambitious and longer-term policy roadmap to implement the social investment package by at least 2020.

Contact:Judite Berkemeier

(Tel.: 00 32 2 546 98 97 – email: )

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EESC-2014-01258-00-00-TCD-TRA

[1]Optional Council referral.