Agenda Raad Mededinging: implementatie Europese richtlijnen, sales promotions, industriebeleid, vereenvoudiging Europese regelgeving, richtlijn voor machine-onderdelen, ftalaten (en)
The EU's Council of Ministers devoted to Competitiveness, with Ministers responsible for the Internal Market, Industry and Research meets in Brussels on 24th September from 10.00am. The Council will be chaired by Dutch Minister for Economic Affairs Laurens Brinkhorst and Dutch Minister for Education, Science and Culture Maria Van der Hoeven. The European Commission will be represented by Internal Market Commissioner Frits Bolkestein, Research Commissioner Louis Michel and Industry Commissioner Olli Rehn. The Council meeting will be preceded by an informal dinner for Ministers on the evening of 23rd September.
;Pre-Council dinner, 23 September (JT)
;There will be an informal discussion on the proposed Services Directive at the dinner on 23 September (see IP/04/37 and MEMO/04/3). Mr Bolkestein will support the Dutch Presidency's view that agreement on this proposal is a test of the Competitiveness Council's ability to deliver a key Lisbon objective and that they should aim to reach a general consensus at the November Council as a basis for a political agreement in early 2005, after first reading in the European Parliament.
;Also at the dinner, Wim Kok will give Ministers an overview of the report on competitiveness he will be presenting to the Commission in October.
;Improving the implementation of Internal Market legislation (JT)
;This discussion on how Member States can cut delays in writing Internal Market Directives into national law will be based on the Internal Market Scoreboard published by the Commission in July (see IP/04/890) and the recent Commission Recommendation on the Transposition of Internal Market Legislation, which sets out ways, based on examples of best practice supplied by the Member States themselves, that they could improve their procedures (see
; ;The July Scoreboard showed that the transposition deficit - the average percentage per Member State of Internal Market Directives in force that has not been written into national law - was 2.2% for EU-15 Member States, barely changed from January 2004 and that 134 or 9% of Internal Market Directives had not been transposed on time into national law in one or more Member States. France had the worst record of EU-15 Member States, followed by Greece, Germany, Italy and the Benelux countries.
;Only Denmark, Spain, UK, Ireland and Finland met the 1.5% interim target set by the European Council. First indications are of big disparities among the 10 new Member States in implementing Directives.
;Mr Bolkestein will stress again that as long as even one Member State has not implemented laws that all have agreed, the Internal Market as a whole cannot function in the sector concerned. He will point out that, far from increasing red tape, Internal Market laws usually involve the removal of it and allow businesses and citizens to take advantage of their rights within the EU. Failure to implement Internal Market Directives therefore denies those rights.
;He will reiterate his belief that Ministers must take personal responsibility for improving Member States' performance. Without that impetus, improvements will be difficult to achieve.
;Proposal for a Regulation on Sales Promotions (JT)
;The Council will seek to achieve a political agreement on the amended proposal on sales promotions. Mr Bolkestein will say that in order to be effective, EU legislation in this area should make full use of the country of origin principle, as that is a cornerstone of the Internal Market. In other words sales promotions authorised in one Member State - provided they meet certain principles applying everywhere - should be automatically authorised in all the rest without further formalities. He will add that the transition period towards the full application of this principle should be short as possible.
;The proposed Regulation would remove barriers to cross-border sales promotions caused by divergent national rules on discounts, premiums, free gifts, promotional contests and promotional games (see IP/01/1351 and MEMO/01/306).
;Industrial policy (MM)
;The Council is expected to adopt a set of Conclusions that should endorse the main findings of the Commission Communication on 'Fostering structural change: an industrial policy for an enlarged Europe' (see IP/04/501) adopted last April, as well as encourage the Commission and the Member States, within their respective spheres of competence, to work resolutely to implement the concrete policy recommendations contained in the Communication. In addition, it also suggests that Member States should compare and exchange best practices in areas related to anticipating and fostering structural change.
;Better regulation (MM)
;The Council ;is expected to hold a policy debate on "Simplification" on the basis of the related Progress report that will be presented by the Presidency. Background: in February 2003, the Commission presented an ambitious Simplification Programme designed to simplify and up-date the content of existing EU legislation, and reduce its volume. Conceived as the beginning of a long-term process, it foresees an intensive start-up period of two years from Feb. 2003 until end-2004 divided into three phases, and provides for the first time, since the foundation of the European Communities, for a comprehensive review of Community legislation in all policy areas. The March 2004 European Council requested the Competitiveness Council to identify priority areas for simplification and invited the Commission to take account of Council's views in relation to priority areas and timescales for simplification.
;In response, the Competitiveness Council, at its meeting on 17 May 2004, adopted a set of Conclusions on Better regulation, which, among others, committed the Council to `consider priority areas for simplification in September with a view to reach an agreement by the end of year, drawing on all policy areas and building on work already under way in Member States and at EU level'. In a letter of 10 June, the Irish and incoming Dutch Presidencies asked delegations to submit proposals for
;simplification, based on their own national experiences and in view of the criteria set out in the Commission's Communication on Simplification. The Progress report which will be presented tomorrow is based on Member States' contributions.
;Machinery Directive (MM)
;The Competitiveness Council of Friday 24 September 2004 is expected to reach a Political Agreement on the modification of the Machinery Directive (98/37/EC), which ensures the free movement of machinery within the internal market and lays down essential health and safety requirements for the protection of consumers and workers. Following the Commission proposal and the first reading of the European Parliament, the agreed text enhances legal certainty by clarifying the Directive's scope and meaning, whilst at the same time ensuring the highest possible level of protection of health and safety.
;The European Union mechanical engineering sector (machines, mechanical appliances and components), produced goods to an estimated value of EUR 385 billion in 2003. It employs over 2.5 million engineers, technicians and workers, mostly highly skilled, in more than hundred thousand companies in the EU. The sector's production volume exceeds Japan's and rivals that of the USA. The EU is the world's largest exporter of machines and mechanical equipment (estimated at EUR 140 billion), ahead of the USA (EUR 117 billion) and Japan (EUR 80 billion).
;The Machinery Directive, an early example of the "New Approach" to technical harmonisation and standardisation for products, relies on:
;- ;
- mandatory essential health and safety requirements (which must be met before machinery is placed on the Community market); ;
- voluntary harmonised standards drawn up by the European Committees for Standardisation (CEN) and Electro-technical Standardisation (Cenelec); ;
- conformity assessment procedures proportionate to the type and level of risks associated with machinery and, ;
- the CE marking, affixed by manufacturers to signify compliance with all relevant directives. Machinery bearing this marking may circulate freely within the European Economic Area.
Phthalates in Toys (MM)
;The Council is expected to reach a political agreement on a compromise proposal put forward by the Presidency which foresees a total ban in all toys and childcare articles on the use of three phthalates (DEHP, DBP and BBP), since these three substances have been classified as toxic for reproduction (CMR category 2). In the case of the other three phthalates (DINP, DIDP and DNOP) these would be banned for the use in toys intended for children under three years of age and which could be placed in their mouth.
;The compromise presented for political agreement is an important step forward in helping to reduce the risks to children from certain phthalates in toys and childcare articles. It is based on a precautionary approach. At the same time the measures once adopted will put an end to the present unsatisfactory solution in which the internal market no longer functions fully in this area.
;Background: Phthalates are being used as plasticisers (softeners) for certain plastics, which otherwise would be rigid and brittle. At the end of the 1990s, public discussion arose concerning a potential health risk from phthalates which were used in toys and childcare articles, and several Member States took measures to limit the use of phthalates which often differ considerably. The Commission made a first proposal to amend Directive 76/769/EEC in order to introduce a ban on the use of six phthalates in toys and childcare articles intended to be put in the mouth in 1999. During successive Presidencies, the Council examined the Proposal in detail, and much progress was achieved, but it was in the end not possible to reach a qualified majority. In the meantime, the Commission had introduced temporary restrictions under the General Product Safety Directive, and the Council decided to wait for the results of a series of risk assessments which had been initiated. The compromise proposal is based on the risk assessments which have now become available.
;Euro Med Conference (MM)
;The Commission will draw the attention of Ministers to the Fifth Euro- Mediterranean Conference of Industry Ministers which will take place in Caserta on 3-4 October. At the Conference, the Ministers representing the nine Mediterranean partners (Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, the Palestinian Authority, Syria and Tunisia) will sign the "Caserta Declaration", by which they endorse the principles of the Euro-Mediterranean Charter for Enterprise to create better conditions in their countries for doing business and attracting investors. This would be the first time ever in the history of the Euro-Mediterranean partnership launched in Barcelona in 1995 that the nine partners will all sign the same document. Better conditions for the development of the enterprise sector, tighter links between companies, a more efficient use of co-operation instruments as well as a common strategic vision on key issues such as the future of the textile industry are essential to reach the objective of shared economic prosperity fixed in Barcelona. The Caserta Conference is going to discuss these issues and the Charter is intended to be the text of reference for the consequent political decisions.
;ITER (FF)
;European Research Commissioner Louis Michel will present the state of play of negotiations on the ITER (International Thermonuclear Experimental Reactor) research project on nuclear fusion energy. Through international co-operation ITER is leading the way in research for nuclear fusion power production. Negotiations between the European Union, Japan, Russia, the People's Republic of China, South Korea and the United States are continuing on where ITER should be located. Cadarache in France is the favoured European site, with Rokkasho-Mura, in northern Japan, the alternative site. The Commission is actively contributing to these discussions in order to reach consensus for ITER in Europe.
;The Future of European Research (FF)
;European Research Commissioner Louis Michel will present the Communication on "Science and technology, the key to Europe's future" (COM(2004)353). The European Commission has proposed to double the European Union's research funding and to devote it to six major objectives, including the creation of European centres of excellence, the launching of technology initiatives and the creation of a European Research Council to support European basic research. In its strategy document, the Commission aims to provide a concrete response to the objectives of the Lisbon strategy and to support the European Research Area project. The Commission also proposes focusing future European efforts on key topics, including security and space.
;The Marimon Report (FF)
;The effectiveness of new funding schemes under the EU 6th Research Framework Programme (FP6 2002-2006), in particular "Integrated Projects" (IPs) and "Network of Excellence" (NoEs), has been examined by an expert group chaired by former Spanish Secretary of State for Research Ramon Marimon. The Group's assessment was published on July 1st, 2004. While recognising the good results brought about by IPs and NoEs, it calls for further simplification of administrative procedures, and recommends to keep funding instruments such as "Specific targeted research projects" (STREPs).
;The Commission responded to the Marimon Report with a Communication (COM(2004)574) adopted on August 27th, welcoming the conclusions of the Report and committing the Commission to take them into consideration during the remainder of FP6, and while drafting its proposal for FP7 (2007-2010). In particular, the Commission will simplify and streamline its procedures, so as to make IPs and NoEs more flexible and adaptable. It will further develop funding schemes such as STREPs and further encourage the participation of Small and Medium-sized Enterprises (SMEs). And it will better define key concepts at the heart of EU research programmes, such as the need to achieve a "critical mass" at European level and to boost and reward "excellence".
;Nanotechnology (FF)
;Commissioner Michel will present to the Council the Communication "Towards a European strategy for nanotechnology" (COM(2004)338). The paper devises an EU strategy to help Europe to become the world leader in the rapidly developing field of nanotechnology - the science of the infinitely small. Nanotech applications include electronic "nano-chips" that can store and process much more information than today's microchips, "nano-fibres" for better and always-clean clothes, and "nano-materials" for high-performance coatings, for instance in aircraft and spaceships.
;The Communication provides a series of recommendations and initiatives on how to strengthen European Research and Development (R&D) in the field. It proposes an integrated approach to strengthen Europe's R&D in nanosciences and help turn nanotechnologies into commercially viable products for the benefit of society. Key actions required to achieve these aims include boosting R&D investment and infrastructure, improving training for research personnel, enhancing technology transfer in Europe and its financing, taking into account the impact of nanotechnology on society and increasing international co-operation towards a responsible approach to nanotechnology R&D globally.