Agenda van de Raad van Ministers van concurrentievermogen op 1/2 December 2008(en)

(Ton van Lierop, Oliver Drewes, Catherine Ray, Helen Kearns)

The EU Competitiveness Council will meet in Brussels on Monday 1 and Tuesday 2 December under the chairmanship of Hervé Novelli, the French Minister of State for Trade, Craft Trades, Small and Medium-sized Enterprises, Tourism and Services and Luc Chatel, Secretary of State for Consumption and Industry. The European Commission will be represented by Vice President Günter Verheugen, Commissioner for Enterprise and Industry, Commissioner Charlie McCreevy responsible for the Internal Market and Services, Commissioner Janez Potocnik for Science and Research and Meglena Kuneva, Commissioner for Consumer Protection.

• 1. 

  Response to the Economic Crisis (TVL)

On 26 November the Commission presented a comprehensive plan to drive Europe's recovery from the current economic crisis. The Recovery Plan is based on two mutually reinforcing main elements. Firstly, short-term measures to boost demand, save jobs and help restore confidence. Secondly, "smart investment" to yield higher growth and sustainable prosperity in the longer-term. The Plan calls for a timely, targeted and temporary fiscal stimulus of around €200 billion or 1.5% of EU GDP, within both national budgets (around €170 billion, 1.2% of GDP) and EU and European Investment Bank budgets (around €30 billion, 0.3% of GDP). Every Member State is called upon to take major measures good for its own citizens and good for the rest of Europe. The Recovery Plan will reinforce and accelerate reforms already underway under the Lisbon Growth and Jobs Strategy. It includes extensive action at national and EU level to help households and industry and concentrate support on the most vulnerable. It puts forward concrete steps to promote entrepreneurship, research and innovation, including in the car and construction industries. It aims to boost efforts to tackle climate change while creating much-needed jobs at the same time, through for example strategic investment in energy efficient buildings and technologies. Vice President Verheugen will present the plan to Ministers.

• 2. 

  Proposal for a European Private Company Statute (OD)

In June 2008 the Commission presented a proposal for a European Private Company Statute ('SPE') as part of the Small Business Act (SBA). This new company form will enable Small and Medium-Sized Enterprises (SMEs) to do business throughout the EU, with the aim of cutting costs and encouraging growth in this area. It has been designed to address the current onerous obligations on SMEs operating across borders, which need to set up subsidiaries in different company forms in every Member State in which they want to do business. In practical terms, the SPE would mean that SMEs can set up their company in the same form, no matter if they do business in their own Member State or in another. Opting for the SPE will save entrepreneurs time and money on legal advice, management and administration. Ministers will discuss a progress report.

• 3. 

  Copyright - Term of Protection Extension (OD)

In July 2008 the Commission proposed to align the copyright term for performers with that applicable to authors, in this way bridging the income gap that performers face toward the end of their lives. This proposal envisages extending the term of protection for recorded performances and the record itself from 50 to 95 years. In this way, the proposal would benefit both the performer and the record producer. It also signals that Europe values their creative contribution. Ministers will discuss a progress report.

• 4. 

  Enhancing the patent system in Europe (OD)

The debate on this item follows on from the Communication "Enhancing the patent system in Europe" of April 2007, which set out the Commission's vision for improving the patent system in Europe and for revitalising the debate on this issue. Making the Community patent a reality and improving the existing patent litigation system should, together with supporting measures, make the patent system more accessible and bring cost savings for all. Ministers will discuss a progress report.

• 5. 

  Legal Framework and Policy on gambling in the Member States (OD)

The Presidency will present its progress report on reflections in the Council working party on 'Legal Framework for gambling and betting in the Member States of the EU', which will be followed by an exchange of views.

• 6. 

  Communication "Think Small First" A " Small Business Act " for Europe (TVL)

The Commission adopted the Communication “Think Small First” - the Small Business Act for Europe” on 25 June 2008. It contains ten common principles in ten key areas to make policies more SME friendly, five legislative proposals which are guided by the “Think Small First” principle and far-reaching policy measures for the Member States and the Commission. Minsters will discuss this proposal and are expected to adopt conclusions.

• 7. 

  "Towards world-class clusters: Implementing the broad-based innovation strategy"(TVL)

Competitive clusters are powerful engines of economic development and drivers for innovation in the European Union. They provide a fertile business environment for companies, especially SMEs, to collaborate with research institutions, suppliers, customers and competitors located in the same geographical area. In October this year the Commission published a communication which calls for more efforts for facilitating the emergence of world-class clusters in the European Union. It addresses key challenges to achieve this: Deepening the internal market, improving cluster policies, fostering trans-national cooperation, promoting excellence of cluster organisations, and improving the integration of innovative SMEs into clusters. Minsters will discuss this proposal and are expected to adopt conclusions.

Tuesday 2 December - RESEARCH

• 8. 

  Ljubljana Process - Adoption of "Vision 2020" for a European research Space (CR)

The "Ljubljana process" Council conclusions of 30 May 2008 called for the development of a shared vision of ERA by the end of 2008. The Council will adopt the shared vision 2020 for the European Research Area that aims to establish the "Fifth Freedom", the freedom of circulation of knowledge and to provide attractive conditions for researchers be able to move seamlessly to the best research organisations, which should be able to strengthen their competencies by competing for public and private funds across borders and have access to the best research infrastructures irrespective of their location.

• 9. 

  "Towards joint programming in research: Working together to tackle common challenges more effectively" (CR)

One of the objectives of the Lisbon Strategy is the transition to a knowledge-based society - with science, technology and innovation at its heart. For Europe to achieve its vision of balanced and sustainable development it not only needs to invest more in research, it also needs to better coordinate the existing resources.

On 15 July 2008 the Commission adopted a Communication "Towards joint programming in research: Working together to tackle common challenges more effectively" (IP/08/1140; MEMO/08/503). This Communication sets out a new approach for making better use of Europe's limited public funds for research and development, the one of Joint Programming. It proposes that Member States first identify a limited number of key challenges on which to focus their efforts, and then, agree on a common vision, develop and implement a Strategic Research Agenda for each area. The Communication stresses that Joint Programming will be a voluntary process, and that it does not need to involve all Member States in each specific initiative.

The Council will adopt conclusions on the Communication on Joint Programming.

• 10. 

  " A Strategic European Framework for International Science and Technology Cooperation " (CR)

The European Research Area has to be open to the world. Faced with global challenges, the EU needs to strengthen the international cooperation in Science and Technology. On the 24 September this year the European Commission adopted a communication that calls for the governments of the EU MS to jointly develop a strategy for international cooperation in science and technology - a Strategic European Framework for International Science and Technology Cooperation.

The objective of the Communication is to contribute to sustainable development worldwide while at the same time improving Europe’s competitiveness in science and technology. By presenting the Communication on a Strategic European Framework for International Science and Technology Cooperation the Commission invited the EU Member States to define together, rather than in isolation, priority research and technology areas where a coherent EU effort would have more impact. (IP/08/1395)

During the Council, conclusions on the Communication will be adopted.

• 11. 

  Legal framework for European research infrastructures (CR)

Research infrastructures play an increasing role in the advancement of knowledge and technology but are becoming increasingly complex and more expensive, thus requiring a joint effort by several EU countries. Until now the absence of an adequate legal framework allowing the creation of appropriate partnership with partners from different countries, has been a major difficulty for Member States.

On the 16 July 2008 the European Commission proposed a legal framework that will make it easier to set up European Research Infrastructures, such as observatories for environmental sciences, data banks in genomics or state of the art large super computers. The new legal framework will support Member States in their efforts to develop and fund pan-European research infrastructures which their national legal instruments might not be able to facilitate. It will provide a legal personality recognised in all Member States and will be flexible enough to adapt to the requirements of different facilities. (IP/08/1142)

At this Council, a general approach will be agreed.

• 12. 

  A European Strategy for Marine and Maritime Research (CR)

As human activities exert environmental pressure on the oceans and seas, thus threatening marine ecology, the engagement of stakeholders in the marine and maritime research sectors becomes vital. On the 3 September the European Commission adopted "A European Strategy for Marine and Maritime Research" (IP/08/1283; MEMO/08/553). The objective is to overcome the fragmentation of the European marine and maritime research landscape by capacity building, increased integration across traditional research sectors and increased cooperation of all actors in this area.

The Strategy for marine and maritime research focuses on the important role that science and technology can play in the process of reconciling the sometimes competing goals of sustainable economic growth and environmental preservation in sea-based activities. It is one of the pioneer actions for the implementation of the European Research Area, which promotes scientific excellence and development of cutting-edge innovations in Europe through better integration of existing research efforts and development of new capacities.

At this Council meeting, the Council will adopt conclusions on the Communication "A European Strategy for Marine and Maritime Research"

• 13. 

  Communication from the Commission on "Better careers and more mobility: a European Partnership for Researchers" (CR)

Researchers are the core producers of new knowledge and the main agents in its transfer and exploitation. They are a cornerstone for a competitive, knowledge-based economy. Unfortunately, our researchers face many complex obstacles that hinder their mobility. Removing these obstacles is one of the main challenges that has to be addressed in the implementation of the European Research Area.

On 23 May 2008 the Commission adopted a Communication from the Commission on "Better careers and more mobility: a European Partnership for Researchers" (IP/08/802; MEMO/08/343). The Communication proposes to develop a partnership with Member States to ensure that the necessary human resources in the field of science and technology are available to contribute to a knowledge-based European economy.

The Communication defines joint priority actions that should make the EU a more attractive place for researchers, and that should allow researchers to be more mobile between countries, institutions, and between the academic and private sectors. Key areas for action are: the systematic opening up of recruitment, meeting the social security and pension needs of mobile researchers, providing fair employment and working conditions, and ensuring that researchers have the right training and skills.

The Council will be informed by the Presidency on the mandate given to two Research Ministers, Mr Gago and Mr Biltgen to explore actions for the concrete implementation of the partnership.

• 14. 

  GMES: (TVL)

The Communication "GMES: We care for a safer planet" was adopted by the Commission 12 November. It is the outcome of an intensive two-year consultation process and is the Commission’s response to the Council’s request to further develop the issue. The main objective of the Communication is to address GMES governance and financing and to define actions for future implementation. After a policy debate, Ministers are expected to adopt conclusions

• 15. 

  Any Other Business

• a) 

  ITER (CR)

The Commission will inform the Council on the outcome of the ITER organisation meeting that took place on 19-20 November. ITER is an international project of scientific collaboration designed to demonstrate the potential of fusion as an energy source.

• b) 

  SET-Plan (CR)

The Strategic Energy Technology Plan is a comprehensive plan to establish a new energy research agenda for Europe. It aims to promote the development of low costs clean energy as well as to put EU industry at the forefront of the low carbon technology sector. Europe's potential to develop a new generation of decarbonised energy technologies, such as off-shore wind, solar technology, or 2nd generation biomass, is enormous, yet EU energy research is often under-funded, dispersed and badly coordinated.

• c) 

  European Institute of Innovation and Technology (IET) (CR)

The European Institute of Innovation and Technology (EIT) is the EU's flagship initiative for boosting innovation in Europe. The EIT has two levels: the Governing Board, which oversees the strategic priorities of the EIT as well as the KICs which do the EIT's research, teaching and innovation work. The KICS are highly integrated partnerships that bring together excellence from the worlds of higher education, research, innovative business and entrepreneurship. They will be the drivers in fields that pose major societal challenges, such as climate change adaptation and mitigation, sustainable energy and the future information and communication society.

The EIT marked the launch of its activities with the first meeting of its Governing Board on 15 September in the Institute's host city of Budapest. The Governing Board then reconvened in Budapest on 17th October for an in-depth discussion on the EIT's strategic outlook. This discussion will serve as a basis for further dialogue with stakeholders over the coming months.

The Executive Committee of the EIT is presided by the Chairman of the Governing Board, Dr. Schuurmans. Its role is to prepare meetings and facilitate the EIT's strategic decision-making. The EIT Executive Committee will oversee the implementation of the Strategic Innovation Agenda (SIA) and the rolling triennial work programme, as well as the selection procedure for the Knowledge and Innovation Communities (KICs).

The first seminar on the format of, and selection criteria for, the Knowledge and Innovation Communities (KICs), was held in Bratislava, Slovak Republic, on the 24 November. The KICs will be the operational parts of the European Institute of Innovation and Technology (EIT). The seminar marks the start a dialogue between the EIT Governing Board and interested parties to establish a common vision for the KICs.

• d) 

  Commission proposal for new competitive measures for defence industries and markets (TVL)

One year ago, the Commission tabled this proposal aimed at simplifying the transfers of defence-related products within the EU. The fragmentation of the European defence market and divergent national policies create red tape, hamper innovation and competitiveness and, ultimately, weaken the European Security and Defence Policy (ESDP). The Commission presented a package of initiatives to improve this situation. This "defence package" contains three elements: 1) A Communication with recommendations for fostering the competitiveness of The sector; 2) A Directive on defence procurement to enhance openness and Intra-European competition in Member States' defence markets; and 3) A Directive on intra-EU transfers of defence products designed to alleviate the Obstacles to intra-community trade. The proposed new legislation will contribute to creating a genuine European market in this sector without sacrificing Member State control over their essential defence and security interests.

Minsters will be informed of the emerging agreement between Council and European Parliament which should allow for adoption of the proposal in a first reading agreement by EP already in the December II session. The directive, once adopted, will make a significant contribution to the strengthening of European defence industries.

• e) 

  New cosmetic regulation to strengthen product safety and to cut red tape (TVL)

In February this year the Commission proposed to simplify the European law on cosmetics and: 27 transposing national pieces of legislation representing over 3500 pages of legal text will be replaced by one single regulation. The EU Cosmetics Directive from 1976 has become a “patchwork” of 55 amendments without coherent terminology. The proposal aims at strengthening product safety while reducing costs for businesses. For example, requirements for product safety assessments are clarified and simplified notification rules for new cosmetics cut administrative costs for enterprises by 50%. The existing provisions on the ban and phasing-out of animal-tests for cosmetic products by 2009/2013 remain untouched. The Presidency will provide Ministers with an update on the state of play for adoption of this proposal

• f) 

  Safety first: Commission proposal for new strict rules for Toys (TVL)

The European toy industry is innovative and makes a significant contribution to the creation of employment and wealth. The total toy market is estimated in 17.3 billion € at retail prices in 2002, which total imports amounting to over 9 billion €. The European toy industry employs over 100,000 people directly and there are over 2000 companies operating in the toy and games sector. Most of them are Small and Medium-Ssized Enterprises. The European Commission tabled a new Directive to improve toys safety in Europe. The proposal aims at enhancing the safety of toys replacing and modernizing the 20 years old Toys Directive which dates from1988. The revision has a threefold objective: first and foremost there will be new and higher safety requirements to cope with recently identified hazards, secondly it will strengthen manufacturers’ and importers' responsibility for the marketing of toys and finally it will enhance market surveillance obligations of Member States. The Presidency will provide Ministers with an update on the state of play for adoption of this proposal.

• g) 

  Consumer Policy (HK): Consumer Rights

The Commission will present its proposal for a Consumer Rights Directive which aims to introduce one common set of consumer rights rules to be applied all over the EU. The proposal covers all kinds of sales - from high street to online - and establishes provisions on general information requirements, the right of withdrawal in the case of distance sales and off premises sales, delivery and passing of risk, remedies in case goods are not in conformity with the contract and unfair contract terms.

Collective Redress

The Commission will present the Green Paper on Consumer Collective Redress, which it adopted on 27 November 2008. The Green Paper looks at how to facilitate redress in situations where large numbers of consumers have been harmed by a particular trader's practice which is in breach of consumer law. The Green Paper identifies barriers to effective consumer redress in terms of access, effectiveness and affordability, and presents various options to close the gaps identified. The consultation on the Green Paper will run until 1 March 2009.

Enforcement

The purpose of the intervention is to stress the importance of effective enforcement in the current economic crisis and illustrate it with the example of the airlines sweep. Commissioner Kuneva will call for strong political commitment from the Member States to ensure the allocation of adequate resources for the Enforcement Network (CPC Network). Member States will also be reminded of their legal obligations to enforce consumer legislation, under the CPC Regulation.

• h) 

  "Better Regulation" (TVL)

• - 

  Request from Netherlands and Germany

• i) 

  Commission Communication on Raw materials (TVL)

On 4 November the Commission came forward with proposals for a new strategy to address EU critical needs for raw materials. Raw materials are an essential part of both high tech products and every-day consumer products. European industry needs fair access to raw materials both from within and outside the EU. For certain high tech metals, the EU has a high import dependency and access to these raw materials is getting increasingly difficult. Many resource-rich countries are applying protectionist measures that stop or slow down the export of raw materials to Europe in order to help their downstream industries and many European producers suffer from such practices. In addition, some emerging countries are becoming very active in resource-rich countries, particularly in Africa, with the aim of securing a privileged access to raw materials. If Europe does not act now, European industry is put at a competitive disadvantage. The new integrated strategy put forward by the Commission sets out targeted measures to secure and improve the access to raw materials for EU industry. Vice President Verheugen will present the strategy to Ministers.

• j) 

  Creation of Companies by E-Signatures

• - 

  Request of Portugal and Estonia

• k) 

  Presentation of priorities of the Czech Presidency

• - 

  Information from The Czech delegation