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European Economic and Social Committee

CES2327-2012_00_00_TRA_TCD

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Brussels, 30 November 2012

PLENARY SESSION
ON 14 AND 15 NOVEMBER 2012
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:

CES2327-2012_00_00_TRA_TCD

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Contents:

1.EUROPEAN INTEGRATION

2.ECONOMIC GOVERNANCE / FINANCIAL INSTRUMENTS/ TAXATION

3.INTERNAL MARKET

4.AGRICULTURE AND FISHERIES / ENVIRONMENT

5.CONSUMERS

6.SOCIAL AFFAIRS/EMPLOYMENT

7.EXTERNAL RELATIONS

The plenary session of 14 and 15 November 2012 saw a thematic debate in connection with the adoption of the opinion on Articles 11(1) and 11(2) of the Lisbon Treaty, attended by Isabelle Durant, Vice-President of the European Parliament, and Diogo Pinto, on behalf of the organised civil society liaison group. An EESC resolution on More Europe was also adopted at the plenary session, with a view to the European summit on 22 and 23 November 2012.

The following opinions were adopted at the session:

1.EUROPEAN INTEGRATION

  • Articles 11(1) and 11(2) of the Lisbon Treaty

Rapporteur:Luca Jahier (Various interests – IT)

Reference: Own-initiative opinion – CES766-12_00_00_tra_ac

Key points:

The Committee considers it vital to develop practical proposals for action to ensure that the various EU institutions act, within their respective remits, to frame suitable measures for implementing Article 11(1) and (2) TEU.

The EESC therefore puts forward the following recommendations:

  • the European Commission should carry out a detailed study of existing processes for civil society participation in policy-making at European level;
  • the Transparency Register, which is operated jointly by the Commission and the European Parliament, should be extended to include the Council;
  • the European institutions should establish a single database with information on contacts, consultations and dialogue with civil society;
  • the EESC should conduct an internal evaluation of the effectiveness, relevance and perception of its cooperation with civil society organisations (CSOs), with a view to identifying effective improvements;
  • the EESC should develop a database with detailed information on which civil society organisations have been involved in its work and in what capacity;
  • the EESC should make full use of the new Protocol of Cooperation signed with the European Commission in February 2012, leading to greater involvement in the definition of European priorities, work programmes and key policies;
  • the EESC should undertake to review and revitalise its Liaison Group with European civil society, with a view to extending participation and helping to secure better implementation of Article 11(1);
  • the EESC should help to organise, along with all other relevant stakeholders and the EU institutions in particular, a large-scale annual event that would offer shared input to the agenda of EU priorities. The political impact of such an event could be enhanced by holding it in parallel with a joint conference of the 27 national parliaments and the European Parliament.

Contact:Pierluigi Brombo

(Tel.: 00 32 2 546 97 18 – email: )

2.ECONOMIC GOVERNANCE / FINANCIAL INSTRUMENTS/ TAXATION

  • Banking Union Package

Rapporteur:Carlos Trias Pintó (Various Interests – ES)

References: COM(2012) 512 final - 2012/0244 (COD)

COM(2012) 510 final – CES2048-12_00_00_tra_ac

Key points:

The EESC

considers the package of measures set out in the Commission's Roadmap towards Banking Union, and in the two legislative acts presented at the same time to be appropriate.

supports the call for the measures to be adopted before the end of 2012 and to be drawn up with careful attention to the effects on banking and national economies.

specifically, urges rapid agreement on the entry into force of the Single Supervisory Mechanism (SSM). The basic initial objective is to save the euro while minimising the costs for taxpayers of possible restructuring measures or closures, by ensuring that sufficient funds are in place in advance and that the costs of resolution are borne by shareholders and creditors.

supports the ECB taking on responsibility for supervising all banks in the banking union, however small.

welcomes the fact that the ECB will from the beginning have a supervisory board to avoid potential conflicts of interest with its monetary functions.

advocates a stronger role for the European Systemic Risk Board (ESRB) and the ECB as part of a more integrated financial system, and urges the Commission to provide more practical details on how the national authorities and the ECB are to interact.

welcomes the idea of promoting the involvement of non-euro area countries using the "opt-in" clause, with the same rights as euro area countries.

considers close connections between the European Banking Authority (EBA) and the ECB to be crucial.

where decision-making is concerned, further analysis and consideration is needed to balance the internal market banking interests of Member States not belonging to the SSM, while avoiding the risk of Eurozone integration being paralysed by minority blocking votes. It is important to avoid a two-tier market in financial services.

considers that the Commission should draw up a green or white paper on how to finance the banking union in a harmonised manner so it will be in a position to decide on the taxes or levies on financial and banking transactions.

Contacts:

Gerald Klec(Tel.: 00 32 2 546 99 09 – e-mail: )

Siegfried Jantscher(Tel.: 00 32 2 546 82 87 – e-mail: )

  • VAT as regards the treatment of vouchers

Rapporteur: Viliam Páleník (Various Interests – SK)

References: COM(2012) 206 final – 2012/0102(CNS) – CES1401-12_00_00_tra_ac

Key points:

The EESC welcomes the endeavour to define the various forms of vouchers as precisely as possible and to do away with excessive administrative burdens in the distribution of multi-purpose vouchers.

It is essential that Member States abide by common rules and remove various exemptions that distort competition and dilute the competitive environment.

Another important issue involves possible problems with different tax exemption limits in individual Member States when vouchers are given for free, the lack of transitional provisions and the absence of rules to cover the non-redemption of single-purpose vouchers.

Contact:

Gerald Klec(Tel.: 00 32 2 546 99 09 – e-mail: )

Siegfried Jantscher(Tel.: 00 32 2 546 82 87 – e-mail: )

  • Fiscalis - Action programme

References: COM(2012) 465 final – 2011/0341/b (COD) – CES2164-12_00_00_tra_ac

Contact:

Gerald Klec(Tel.: 00 32 2 546 99 09 – e-mail: )

Siegfried Jantscher(Tel.: 00 32 2 546 82 87 – e-mail: )

  • VAT fraud – Quick reaction

Rapporteur: Viliam Páleník (Various Interests – SK)

References: COM(2012) 428 final – 2012/0205 (CNS) – CES2139-12_00_00_tra_ac

Key points:

The EESC supports the aim of the proposal and is pleased that the proposal for a directive enables Member States to react flexibly to fraud. However, the EESC points also to a number of shortcomings in the proposal.

The EESC does have some concerns since the proposed procedure makes it practically impossible for a Member State's application for a derogation from the common VAT system to be discussed by experts at a meeting of the committee.

The introduction of the QRM could partially remove remaining barriers to the single market stemming from uncoordinated tax policy. Although, the EESC points out that the application of the QRM could also lead to considerable harm in relation to the tax receipts of some Member States.

There is cause for concern about the possible loss of significant Member State powers in the field of taxation.

The EESC notes that under, the measures intended to simplify the procedure for collecting VAT may not, except to a negligible extent, affect the overall amount of the tax revenue of the Member State collected at the stage of final consumption.

The approval process should not rule out the possibility for a member of the committee to request the termination of the written procedure without result.

The EESC also thinks, that Member States must have the opportunity, if necessary, to have a draft application for derogation discussed in advance in the advisory committee and so forestall possible proceedings before the European Court of Justice.

Contact:

Gerald Klec(Tel.: 00 32 2 546 99 09 – e-mail: )

Siegfried Jantscher(Tel.: 00 32 2 546 82 87 – e-mail: )

3.INTERNAL MARKET

  • State aid modernisation

Rapporteur:Emmanuelle Butaud-Stubbs (Employers – FR)

Reference: COM(2012) 209 final – CES1689-12_00_00_tra_ac

Key points:

The EESC:

considers that the reform proposed by the Commission should be supported and agrees with the three main objectives set out in the communication;

shares the Commission's vision of strengthening the positive connection between effective state aid and the objective of sustainable and inclusive growth.

considers that this reform, with its ambitious goals, methods and timetable, needs clarification in certain respects;

emphasises that the specific consequences of illegal foreign subsidies which threaten the competitiveness of European firms in relation to their global competitors must be corrected effectively, and suggests that the Commission reiterate the need for an economic approach aimed at a level playing field globally;

proposes an amendment to Article 27(3) of the General Block Exemption Regulation 800/2008 providing for the compatibility with the common market of aid to SMEs for participation in fairs and exhibitions for a period not exceeding three consecutive years;

proposes that the ceiling for de minimis aid (which is applied to each firm on the basis of a rolling period of three consecutive years) should be permanently increased from EUR200000 to EUR 500000.

Contact:Alice Tétu

(Tel.: 00 32 2 546 82 86 – e-mail: )

  • Involvement of consumers' associations/single market

Rapporteur:Bernardo Hernández Bataller (Various Interests – ES)

Reference: Own-initiative opinion – CES1177-12_00_00_tra_ac

Key points:

The EESC:

recalls that it is essential to put the consumer at the centre of the EU's economic and financial policies and emphasizes the role of consumer organizations in this process;

calls on the Commission to take the initiative to provide consumer organizations with certain common minimum rights they ought to have;

considers that the Commission should encourage Member States and national regulators to promote transparency, information and decision-making, stimulating discussion of the interests at stake and supporting positive discrimination in favour of organizations that represent the interests of consumers so that they can participate on an equal basis with economic players in regulators' discussion forums and consultative bodies;

notes the difficulties faced by consumers in relation to comparing services, in particular services of general economic interest;

suggests setting up a system similar to the RAPEX system for defective products for sub-standard services, to allow consumer associations, through their networks, to warn consumers about such services.

Contact:Dorota Zapatka

(Tel.: 00 32 2 546 90 67 – e-mail: )

  • e-procurement

Rapporteur:Edgardo Maria Iozia (Workers – IT)

Reference: COM(2012) 179 final – CES1715-12_00_00_tra_ac

Key points:

The EESC

–welcomes the communication from the Commission giving great importance to rapid transition to a general e-procurement system;

–underlines the importance of e-procurement due to the potential benefits stemming from:

transparency, anti-fraud measures,

market efficiency,

the extension of the public procurement market to SMEs,

overall savings for public administrations,

integration and development of the internal market,

modernisation of public administrations and development of the European digital agenda,

new opportunities for businesses offering technological services,

career development for public administration and company employees;

–sees the transposition by mid 2016 as a proper and ambitious objective, which can only be achieved if certain conditions regarding standardisation, interoperability and accessibility are met;

–points out that, in spite of the enormous efforts made, the percentage of e-procurement remains very low;

–remains strongly critical of the reluctance of some Member States to cooperate;

–considers that maintaining thresholds hampers the development of the internal market and jeopardises competition on a level playing field.

Contact:Roxana Maliti

(Tel.: 00 32 2 546 87 49 – e-mail: )

  • Shadow banking

Rapporteur:Juan Mendoza Castro (Workers – ES)

Reference: COM(2012) 102 final – CES1253-12_00_00_tra_ac

Key points:

The EESC:

believes that the Green Paper provides a timely analysis of the problems linked to the shadow banking system;

considers there should be no such thing as "shadow" activities: the shadow banking system should be subject to the same regulatory and prudential requirements as the financial system as a whole;

considers that protecting European consumers through transparency of the products offered to them should be one of the objectives of regulation of the shadow banking system. The Committee has already advocated establishing a European Agency for Consumer Financial Protection;

advocates a global approach to the problems of the shadow banking system and the proposal of political responses;

proposes that social responsibility in the financial sector and the objective of "ensur[ing] all financial activities are contributing to economic growth" be among the objectives of the Green Paper;

emphasises that the European Union must contribute to the FSB's work on shadow banks and must coordinate its initiatives with the FSB to ensure consistency in terms of timing as well as content.

Contact:Eszter Balázs

(Tel.: 00 32 2 546 92 02 – e-mail: )

4.AGRICULTURE AND FISHERIES / ENVIRONMENT

  • Incidental catches of cetaceans in fisheries

References: COM(2012) 447 final – 2012/0216 (COD) – CES2151-12_00_00_tra_ac

Key points:

The Commission should be empowered to adopt delegated acts to adapt conditions and technical specifications for the use of acoustic deterrent devices, and to adopt implementing acts concerning the procedure and format for reporting obligations for Member States. The Committee supports this alignment.

Contact:Sonia Amand

(Tel.: 00 32 2 546 96 98 – email: )

  • Protection of species of wild fauna and flora by regulating the trade therein (recast)

References: COM(2012) 403 final – 2012/0196 (COD) – CES2152-12_00_00_tra_ac

Key points:

This recast proposal was drawn up on the basis of a preliminary consolidation, in 22official languages, of Regulation (EC) No 338/97 and the instruments amending it, carried out by the Publications Office of the European Union by means of a data-processing system. The Committee supports this consolidation.

Contact:Sonia Amand

(Tel.: 00 32 2 546 96 98 – email: )

  • Conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

References:COM(2012) 432 final – 2012/0208 (COD) – CES2153-12_00_00_tra_ac

Key points:

The key measure involves listing the powers conferred upon the Commission by Council Regulation (EC) No 850/98 and classifying them into delegated and implementing powers, a change which the Committee supports.

Contact:Sonia Amand

(Tel.: 00 32 2 546 96 98 – email: )

  • Measures for the recovery of the stock of European eel

References:COM(2012) 413 final – 2012/0201 (COD) – CES2154-12_00_00_tra_ac

Key points:

The Committee believes that the Commission should be empowered to adopt delegated acts to take measures to address a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes.

Likewise, the Commission should be empowered to adopt implementing acts concerning the approval of Eel Management Plans by the Commission on the basis of technical and scientific data.

Contact:Sonia Amand

(Tel.: 00 32 2 546 96 98 – email: )

  • Technical and control measures in the Skagerrak (amendments)

References:COM(2012) 471 final – 2012/0232 (COD) – CES2156-12_00_00_tra_ac

Key points:

The Committee supports this proposal, whose purpose is to improve the control and enforcement measures in the fisheries in the Skagerrak, and to recommend ways to harmonise EU and Norwegian technical and control measures regulations in the area outside 4 nautical miles from the baselines.

Contact:Sonia Amand

(Tel.: 00 32 2 546 96 98 – email: )

  • Honey (amending Directive 2001/110/EC)

References:COM(2012) 530 final – 2012/0260 (COD) – CES2304-12_00_00_tra_ac

Key points:

The Committee supports the proposal for a directive amending Directive 2001/110/EC relating to honey, the purpose of which is to clarify explicitly the status of pollen as a constituent particular to honey rather than an ingredient of honey.

Contact:Sonia Amand

(Tel.: 00 32 2 546 96 98 – email: )

  • Common agricultural policy/ Financing, management and monitoring

References:COM(2012) 551 final – 2012/0288 (COD) – CES2305-12_00_00_tra_ac

Key points:

The Committee agrees with the proposals for reform of the CAP, adjusted so as to prepare for the accession of Croatia.

Contact:Sonia Amand

(Tel.: 00 32 2 546 96 98 – email: )

5.CONSUMERS

  • A European Consumer Agenda

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

Reference: COM(2012) 225 final – CES1765-12_00_00_tra_ac

Key points:

The EESC:

supports the agenda's set objectives but has concerns about its coordination with the "Consumer Programme" and the adequacy of the funding allocated to it, which appears to fall distinctly short of the stated intention;

welcomes the acknowledgment of the important role of consumer associations, which must be given the resources they need to carry out their tasks;

attaches particular importance to vulnerable categories of consumers and is therefore in favour of the agenda's proposed initiatives concerning financial inclusion and access to essential services;

stresses the importance of all measures concerning sustainable development (energy management, eco-design, ethical and ecological norms in production and distribution of goods);

believes that improving food safety is essential to ensuring product safety from the farm or the factory to the front door and will allow healthy and fair competition;

reiterates the need to ensure the independence of alternative dispute resolution systems vis-à-vis the litigants;

is in favour of introducing collective redress.

Contact:Dorota Zapatka

(Tel.: 00 32 2 546 90 67 – e-mail:

  • Information - investment products

Rapporteur:Edgardo Maria Iozia (Workers – IT)

References: COM(2012) 352 final – 2012/0169 (COD) – CES1841-12_00_00_tra_ac

Key points:

The EESC:

has been calling for measures to ensure that the mandatory information for retail investors is clear, exhaustive, essential and transparent, especially where packaged and structured products are concerned;

considers the Commission's proposal a step in the right direction;

agrees that information on possible profits, including any levies and commissions linked to the product, should be provided;

considers it essential that the supervisory activity of the relevant authorities, at both national and European level, be stepped up;

is seriously concerned at the Commission's view that the role of the European authorities under the current regulation does not require reinforcement;