Σήμερα η Ευρωπαϊκή Επιτροπή εξέδωσε αρνητική οριστική απόφαση σχετικά με τις ενισχύσεις που χορηγήθηκαν από το ελληνικό κράτος στον τομέα των σιτηρών (υπόθεση C36/2010). Η ενίσχυση είναι τα 150 εκατομμύρια Ευρώ που χορηγήθηκαν το 2008 με τη μορφή δανείου με απόφαση του τότε Υπουργού κ. Αλέξανδρου Κοντού στις Ενώσεις Γεωργικών Συνεταιρισμών με την εγγύηση του κράτους. Ο στόχος της ενίσχυσης ήταν η οικονομική στήριξη των παραγωγών σιτηρών, μετά την υπερπαραγωγή σιτηρών το 2008 και την επακόλουθη πτώση των τιμών. Η Επιτροπή κίνησε επίσημη διαδικασία έρευνας, στο τέλος του 2010 δεδομένου ότι η προκαταρκτική έρευνα εγείρει αμφιβολίες ως προς τη συμβατότητα του μέτρου ενίσχυσης με τους κανόνες της ΕΕ για τις κρατικές ενισχύσεις. Επίσημη έρευνα της Επιτροπής αποκάλυψε ότι η εν λόγω ενίσχυση είναι ασυμβίβαστη με την εσωτερική αγορά. ...
Η Ελλάδα πρέπει να ανακτήσει ως εκ τούτου την σχετική ενίσχυση από τους δικαιούχους. (agroschannel)
Midday Express of 2012-01-26
News from the European Commission's Midday Briefing
Nouvelles du rendez-vous de midi de la Commission européenne
More than 400 people today packed
into a conference that marks a key stage in final preparations for
European Citizens' Initiatives (ECIs). Speakers include European
Commission Vice-President Maroš Šefčovič, responsible for ECIs, Danish
Minister for European Affairs Nicolai Wammen, MEPs closely involved with
the instrument and senior representatives from Facebook, Google,
Twitter and Dailymotion.
The European Commission has granted
a temporary clearance of the Latvian support measures needed for the
phasing out of commercial activities of the Mortgage and Land Bank (MLB)
whilst opening an in-depth investigation to assess whether aid to MLB
is in line with EU state aid rules.
Setting up the European Cloud Partnership
One year after announcing her
intention to develop a European Cloud Computing Strategy, Vice President
Kroes is fleshing out that promise with the first cash commitment and
details of what the final strategy will look like. With plans for
cloud-friendly and uniform EU data protection rules now adopted by the
Commission, Kroes has told the World Economic Forum in Davos that the
stage is now set for the cloud to boost SMEs, cut costs for all, and
help Europe get to grips with its copyright and piracy problems. Today's
key announcement is a European Cloud Partnership with EUR 10 million
initial funding. This will be the largest and most sophisticated
partnerships of its kind in the world. Cloud computing is internet-based
computing. It refers to services provided off your computer like
webmail, streamed music and customer databases. Cloud services save time
and money for nearly all businesses and individuals. ( SPEECH/12/38)
State aid: Commission declares Greek state aid in the cereal sector incompatible with EU law
The European Commission today
adopted a negative final decision on aid granted by the Greek state to
the cereal sector (case C36/2010). The aid, granted from 2008, took the
form of (i) loans amounting to EUR 150 million granted to unions of
agricultural cooperatives with the guarantee of the state, and (ii) the
subsidisation of the interest for these loans. The aim of the aid was
the financial support of cereal producers, following the over-production
of cereals in 2008 and the subsequent fall of prices. The Commission
opened a formal investigation at the end of 2010 since the preliminary
investigation raised doubts as to the conformity of the aid measure with
the EU State aid rules. The Commission’s formal investigation revealed
that the aid in question is incompatible with the internal market.
Greece must therefore recover the aid concerned from the beneficiaries.
The non-confidential version of this decision will be made available
under the case number in the State Aid Register on the DG Competition
website once any confidentiality issues have been resolved. New
publications of state aid decisions on the internet and in the Official
Journal are listed in the State Aid Weekly e-News: http://ec.europa.eu/competition/state_aid/newsletter/index.html
Infringement
Today, the European Commission, via
a letter of formal notice requesting for information, called on
Belgium, Bulgaria, Greece, Spain, France, Italy, Cyprus, Latvia,
Hungary, the Netherlands, Poland, Portugal and Romania to take action to
address deficiencies in the implementation of EU legislation concerning
the welfare of animals, and specifically to implement the ban on
"un-enriched" cages for laying hens which applied as of 1st January 2012, as laid down by Directive 1999/74/EC
. The political decision for the ban on "un-enriched" cages was taken
in 1999. Member States have had twelve years to ensure a smooth
transition to the new system and to implement the Directive.
However, so far, and notwithstanding the repeated calls by the
Commission, the above mentioned Member States have failed to adequately
comply with the EU law.
Today the European Commission
decided to refer Poland to the European Court of Justice for failing to
protect biodiversity and conserve "old" vegetable seed varieties. The Directive 2009/145/EC ,
on conservation varieties of vegetable seeds, requires introducing more
simplified marketing requirements, than those used for vegetable seeds
cultivated for intensive agricultural production. Poland did not
adequately transpose the text and has thus failed to fulfil its
obligations under the EU law.
Today, the European Commission has decided to refer Portugal to the Court of Justice of the European Union for inadequate transposition of Directive 2002/65/EC
, concerning the distance marketing of consumer financial services into
its national law. Portugal has not respected the timeline for adopting
amendments to its national law and thus failed to adequately protect
some consumer rights.
The European Commission has decided
to refer the United Kingdom to the EU's Court of Justice for abolishing
the "remedy for repayment of taxes paid in mistake of law" without
proper transitional rules. Under EU law, taxes that must be reimbursed
when these taxes have been levied in breach of EU rules should be repaid
according to the national rules on internal tax reimbursements. This
reimbursement should not be made impossible or excessively difficult. In
this respect, a retroactive limitation of the rights of taxpayers
without proper transitional rules goes against this principle. The UK
retroactively abolished one of the remedies used by taxpayers seeking
reimbursement of taxes paid in breach of EU law. No proper transitional
rules are provided for (except in certain limited circumstances). As a
result, it is therefore practically impossible in certain cases to
exercise the rights conferred by EU law. This goes against EU rules as
this measure exceeded the limits of national procedural autonomy
(Article 4(3) of the Treaty on the European Union).
The best way for ensuring security of supply and affordable energy prices is to have a competitive internal EU energy market. An
efficient and properly functioning internal market in natural gas will
give consumers the choice between different companies across national
borders. EU legislation aims at facilitating cross-border gas trade and
increasing the capacity on gas markets. The European Commission
considers that Ireland and the United Kingdom
are not fully in line with EU gas market rules and has decided today to
refer these countries to the Court of Justice of the European Union.
The European Commission has decided
today to refer Bulgaria to the European Court of Justice for having
failed to implement correctly different parts of the legislation known
as the first railway package. This concerns the implementation of the
provisions on charges which railway undertakings have to pay for access
to the infrastructure.
The European Commission has
decided today to refer Finland and Portugal to the EU's Court of
Justice over their failure to adopt national legislation updating
requirements for physical and mental fitness to drive. Two directives
adopted in 2009 ( Directive 2009/112/EC and Directive 2009/113/EC)
have updated and adapted to scientific progress the minimum standards
of physical and mental fitness for driving a power-driven vehicle1.
The amendments review the existing minimum requirements on eyesight,
diabetes and epilepsy. Finland has until now not fully transposed these
Directives into national law, while Portugal has yet to fully transpose Directive 2009/113/EC , although they were required to do so by 15 September 2010.
The European Commission has closed
an infringement case against the UK in recognition that UK national
legislation has now been changed to properly implement EU rules on
ePrivacy and data protection on the confidentiality of communications
such as email or Internet browsing. The Commission believes UK law and
institutions are now well-equipped to enforce the privacy rights of UK
users.
The European Commission has today
requested Greece to amend its legislation on fixing of prices of
parallel imported medicine in order to comply with EU rules on the free
movement of goods. The national measures in force and/or practices
hinder the trade of parallel imported medicine. The Commission takes the
view that rules or practices which result in imports being channelled
in such a way that only certain traders can effect these imports,
whereas others are prevented from doing so is a violation of Article 34
TFEU.
The European Commission has today
acted to ensure that two Member States (Germany and The Netherlands)
comply with their obligations to implement EU rules on defence
procurement. The Commission is concerned that they have failed to fulfil
their commitments under the Directive regarding procurement of arms,
munitions and war material (and related works and services) for defence
purposes, and also the procurement of sensitive supplies, works and
services for security purposes. If the Directive is not fully
implemented in all Member States, companies and taxpayers alike cannot
reap the benefits of easier access to a transparent and open - hence
more competitive - defence market.
The European Commission has today
acted to ensure that Bulgarian voluntary health insurance undertakings
are subject to EU insurance rules. The Commission is concerned that the
Republic of Bulgaria has failed to apply the First and Third Non-life
Insurance Directives ( 73/239/EEC and 92/49/EEC)
to voluntary health insurance undertakings. If these rules are not
properly applied there is a risk of insufficient prudential regulation
and supervision of the insurance sector. The Bulgarian rules outlined
above are liable to deter or impede cross-border investments. In
addition, by not applying EU insurance rules to all health insurers,
Bulgaria precludes a level playing field on the health insurance market.
La Commission européenne
a demandé aujourd'hui à la Roumanie de respecter les règles de l'UE sur
les marchés publics en ce qui concerne un marché attribué par la
municipalité du 3ème arrondissement de la ville de Bucarest. Le marché,
d'un montant d'environ 110 millions d'euros, a été attribué sous la
forme d'un accord-cadre d'une durée de quatre ans.
The European Commission has today
acted to ensure that five Member States (Cyprus, Italy, Romania,
Slovenia and Spain) comply with their obligation to implement simplified
rules on mergers and divisions. The Commission is concerned that the
five Member States have failed to fulfil their commitments under the
Directive regarding simplified reporting and documentation requirements
in case of mergers and divisions ( 2009/109/EU).
The deadline for implementing the rules in question was 30 June 2011.
The Commission has also requested the United Kingdom to implement those
parts of the Directive it has so far failed to. The aim of the Directive
is to simplify requirements on reporting and on publication of draft
terms with regard to mergers and divisions. If the Directive is not
fully implemented in all Member States, companies cannot reap the
benefits of the reduced administrative burdens achieved by the
Directive. Timely and correct implementation of the Directive is
necessary to achieve this aim.
The European Commission has
officially asked Belgium to amend its legislation on the notional
interest deduction. Current Belgian rules provide that a notional
interest deduction is granted for Belgian real estate and permanent
establishments, while no deduction is granted for foreign real estate
and permanent establishments. The Commission considers that this is
contrary to EU rules as laid down in the Treaty on the Functioning of
the European Union (TFEU). The freedom of establishment (Articles 49 and
54 TFEU) prohibits the exclusion of foreign permanent establishments,
and the free movement of capital of (Article 63 TFEU) prohibits the
exclusion of foreign real estate. It should be noted that the Commission
does not challenge the notional interest deduction as such, only its
discriminatory application. Notional interest is
fictitious interest on own assets. Belgium allows to deduct such
interest to take into account the risk of investing own assets in a
business activity.
The European
Commission has today formally requested Ireland to modify how motor
vehicles less than 3 months old are taxed so as to make the rules comply
with EU law. The EU Court of Justice has established that a vehicle
starts to lose its value as soon as it is bought or brought into use.
According to EU case law on car taxation, the amount of tax due can not
exceed the amount of tax supported by similar vehicles that are already
registered in the national territory and are incorporated in their
value. However, under Irish legislation vehicles which are less than 3
months old or cars which have travelled less than 3000 km bear the same
tax burden as new vehicles. This is a discrimination of these vehicles
which are proportionally more taxed than new vehicles purchased in the
country.
La Commission européenne a officiellement
demandé au Luxembourg de modifier ses règles en matière de TVA
concernant les groupements autonomes de personnes. Les règles actuelles
aux Luxembourg sont incompatibles avec le droit de l'Union européenne.
Selon la réglementation luxembourgeoise, les services rendus par un
groupement autonome à ses membres sont totalement exonérés de TVA à
condition que les activités taxées des membres n'excèdent pas 30% de
leur chiffre d'affaire annuel (sous certaines conditions 45%). Par
ailleurs, les membres du groupement sont autorisés à déduire la TVA
facturée au groupement sur ses achats de biens ou services. Enfin, les
opérations effectuées par un membre en son nom mais pour le compte du
groupement sont considérées comme non taxables. La Commission européenne
estime que cette réglementation contredit le droit de l'Union
européenne lequel contient des règles strictes.
Today the European Commission has
formally requested Italy to apply EU legislation concerning the
marketing authorisation procedures of generic drugs. Italy has not
respected the timeline for adopting the relevant EU amendments to its
national law, and thus continues to fail to adequately protect
manufactures. In particular, in Italy, a law prevents manufacturers of
generic products to submit their request for marketing authorisation
prior to the penultimate year of the lifetime of a patent on a reference
product.
The European Commission has given
the Czech Republic and Lithuania two months to comply with EU rules on
the free movement of EU citizens and their families across the EU. The
Commission's request takes the form of a reasoned opinion (the second
step in the three-step EU infringement process). The Free Movement
Directive aims to ensure EU citizens can fully enjoy their rights to
freely travel, live and work anywhere in the European Union. In the
absence of a satisfactory response within two months, the Commission can
refer the countries to the Court of Justice of the EU.
The European Commission is sending a
reasoned opinion to Belgium and Luxemburg for their failure to
transpose EU water legislation into national law. Neither Member State
has notified the Commission about the transposition of Directive 2009/90/EC
on technical specifications for chemical analysis and monitoring of
water status, which should have been in place by 1 August 2011. On the
recommendation of Environment Commissioner Janez Potočnik, the
Commission is sending reasoned opinions and asking Belgium and Luxemburg
to comply within two months. If they fail to do so, the Commission may
refer the cases to the EU Court of Justice and ask for immediate
financial penalties.
The European
Commission is urging Greece and Cyprus to comply with the requirements
of EU landfill legislation in Cyprus and on the Greek islands of
Zakynthos and Corfu. Landfills operating in breach of EU waste
legislation constitute a serious threat to human health and the
environment. On the recommendation of Environment Commissioner Janez Potočnik, the Commission is sending reasoned opinions and asking Greece and Cyprus to comply within two months. If they fail to do so the Commission may decide to refer the cases to the EU Court of Justice.
The European Commission is
concerned that France has incorrectly implemented the definition of
packaging and packaging waste in its national law, as required by EU
waste legislation. On the recommendation of Environment Commissioner
Janez Potočnik, the Commission is sending France a reasoned opinion to
ask it to amend its national legislation accordingly. If France fails to
reply within two months, the Commission may refer the case to the
European Court of Justice.
The Commission is concerned that
Italy has incorrectly implemented EU legislation on environmental
liability, leading to insufficient protection for Italian citizens. On
the recommendation of Environment Commissioner Janez Potočnik, the
Commission is sending Italy an additional reasoned opinion to ask it to
adjust its national legislation accordingly. If Italy fails to reply
within two months, the Commission may refer the case to the European
Court of Justice.
The European Commission is asking
Italy to bring its national legislation into line with European norms on
extractive mining waste. On the recommendation of Environment
Commissioner Janez Potočnik, the Commission is sending a reasoned
opinion and asking Italy to comply within two months. If it fails to do
so, the Commission may refer the cases to the EU Court of Justice.
The European Commission is warning
Poland over a breach of nature protection legislation. The case concerns
a failure to assess the environmental impact of open-cast mining in a
Natura 2000 conservation area at Goplo Lake in North Central Poland. On
the recommendation of Environment Commissioner Janez Potočnik, the
Commission is sending a reasoned opinion and asking Poland to comply
within two months. If it fails to do so, the Commission may refer the
case to the EU Court of Justice.
The European Commission is taking
action against Germany for failing to meet the deadline for transposing
the Waste Framework Directive into national law, which should have been
in place since 12 December 2010. On the recommendation of Environment Commissioner Janez Potočnik, the Commission is sending Germany a reasoned opinion. If
Germany fails to adopt and communicate the necessary legislation within
two months, the Commission may refer the case to the EU Court of
Justice and ask for financial penalties.
The European Commission has today
asked the Netherlands to fully implement a directive concerning railway
interoperability, which is aimed at enabling the rail sector to compete
more effectively with other transport modes. The Netherlands have so far
failed to notify the Commission of all measures taken to fully
implement directive 2008/57/EC into national law. The
Commission's request takes the form of a reasoned opinion under EU
infringement procedures. If the Netherlands fails to inform the
Commission within two months of the measures it has taken to ensure full
compliance with EU law, the Commission could refer the case to the
European Court of Justice.
The European Commission has today
asked Denmark, Lithuania, the United Kingdom and Portugal to adapt their
national legislation on driving licences so as to ensure that EU rules
can be applicable as of January 2013. The
Commission's request takes the form of a reasoned opinion under EU
infringement procedures. If the four countries fail to inform the
Commission within two months of measures taken to ensure full compliance
with the Directive, the Commission could refer the case to the European
Court of Justice.
The European Commission has today
asked the United Kingdom to adopt national legislation to implement the
new safety rules and standards for passenger ships to comply with
European Union law. If this Member State fails to inform the Commission
within two months of the measures it has taken to ensure full compliance
with EU law, the Commission could refer the case to the EU Court of
Justice.
Rediffusion
The European Commission has today
proposed a comprehensive reform of the EU's 1995 data protection rules
to strengthen online privacy rights and boost Europe's digital economy.
Technological progress and globalisation have profoundly changed the way
our data is collected, accessed and used. In addition, the 27 EU Member
States have implemented the 1995 rules differently, resulting in
divergences in enforcement. A single law will do away with the current
fragmentation and costly administrative burdens, leading to savings for
businesses of around €2.3 billion a year. The initiative will help
reinforce consumer confidence in online services, providing a much
needed boost to growth, jobs and innovation in Europe.
The European Union High
Representative for Foreign Affairs and Security Policy/ Vice President
Catherine Ashton, and the Commissioner-General of the United Nations
Relief and Work Agency for Palestine Refugees in the Near East (UNRWA),
Filippo Grandi, signed today at the Gaza Training Centre in UNRWA's
compound a € 55,4 million financing agreement towards UNRWA’s General
Fund.
Autre matériel diffusé :
• Memo "EU law: Commission acts to ensure that European legislation is fully and properly implemented"
1
:
These minimum standards are contained in the driving licence directives (Directive 91/439/EEC applicable now and Directive 2006/126/EC applicable from 2013).
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