Showing posts with label regulation. Show all posts
Showing posts with label regulation. Show all posts

Wednesday, 20 January 2010

Why Poland agreed to the milk quota regulation in November 2009

You still remember the milk quota dispute we saw in October/ November between the EU member states?

In the summary of EU Council acts of November 2009 (published Monday) I found the following statement by Poland on the Council Regulation (EC) No 1140/2009 that deals with milk quotas and that was adopted by all EU countries (with the UK abstaining) in November:
"Poland decided to withdraw its objection to the proposed document for the sake of all Member States and because of the fact that its adoption is a condition required to launch an emergency package to the amount of EUR 280 billion.

However, it must be stressed that Poland continues to doubt the legitimacy of the proposed new rules for calculating the levy payable after exceeding the national milk quota in the case of Member States applying the milk quota buy-back mechanism. The submitted proposal will lead to a decrease of the milk quota exempt from national aid in those Member States which fully use the production limits granted and, at the same time, administer the national quota buy-back mechanism.

The new rules will openly discriminate against the most active farmers who contribute to the development of market milk production.

In view of the above, Poland finds it essential to maintain the milk quota buy-back mechanism as a facultative activity which should be implemented only after an independent decision of a Member State.
"
I am not sure that this figured in the news at the time, but it is a proof of the pressure on member states to follow an emerging consensus in the Council, especially under time pressure, that I found worth publishing.

Saturday, 26 September 2009

The intransparency of making the EU more transparent

I had a good laugh when finding this document regarding the:
Proposal for a Regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (recast)
The regulation deals with access to documents - and thus democratic transparency - and in the document it is masked who sent in the amendments (again the famous Republic of Deleted!).

(The whole procedure is listed under 2009/0090/Cod and the responsible person in the European Parliament is Socialist & Democrats MEP Michael Cashman (source)).

Wednesday, 3 June 2009

The Service Directive and European tenders: A local administration's perspective

Recently I was talking to someone I know for a long time, working on a higher level of a local administration.

We talked about changes they had to implement due to the Service Directive: The costs this implies. The argumentation process needed to convince the local councillors to actually implement the technical systems needed. The process until today.

On the administrative level, they were aware that there was something going on connected to a Service Directive for some time already, but they didn't really notice.

In the load of day-by-day work they have to deal with they were not able to follow the whole process, to care for its details, its implications. Legal and consultative documents come in by several hundred pages, who can read all of them on the local level?

Actually, they were thinking that the Service Directive was about European tender procedures. And European tender procedures were stupid anyway:

Why did they need to hold a European tender for the provision of food services in the local schools and kindergardens? Okay, Italian food for the children could be nice, but in the end, there was no company from another country reacting.

Another European tender for a fire engine had to be repeated because - if I understood correctly - the person responsible in Brussels had forgotten to publish it and when they found out, he or she was on summer holidays. No one else could do it.

European tenders were also stupid because local administrations would like to use their scarce resources to support local businesses, so important for the social structures in socially disadvantaged regions.

So they thought the Service Directive thing sounded just like the same, because it involved Europe-wide administrative procedures for something that they used to do locally. But now they know better. Now they have to implement it until the end of the year. And it is not the same as tender procedures. It is the other way round, because they will have to deal with requests from the outside (like a Portuguese woodworker wanting to offer his services in their city).

But only now they are investing time to study the directive in depth - because it has to be done. Because they realised that it is something quite different to the tender regulations. That it costs additional money, changes administrative procedures, including the introduction of a regional European coordinator they would have to report to in the future. That the preparations involve weekly meetings on the regional level for one of the staff members.

And it's fully on the shoulders of the administrators. The mayors don't care, because for them this is the work of the technical staff - until the day that investments have to made and until the mayors finds out the effects on the local budgets. And yes, the costs are coming, no matter whether it is a small or a larger administration.

If I had to summarise our discussion, I would say that for them, the European Union makes regulation that almost nobody on the local level can notice when formulated, that costs money and brings stress when it is decided, and that helps only very rare and strange cases of Europe-wide activities.

The only way to sell it to democratically elected local bodies is to tell them that these measures actually help local businesses, too - which can be true to a certain extend, although this is not the intention of the regulation.

When EU regulation is formulated, the time to react on requests for comments or amendments is usually very short. And it depends on the quality of the staff at the association of local authorities, their summaries and explanations whether the local level actually notice whether something affects them.

Having this in mind, they are not surprised that the interest in the European Parliament elections is so weak. They can already tell because the number of mail voters registered is extremely low. And only old people are showing up to register for mail voting.

When we talked about the European elections, the only party we spoke about were the "Violets", a minor German party that runs on the topic of "spiritual development" which appeared to be funny. Jointly we imagined barefooted European Commissioners smoking pot trying to reform the European Union.

So in the end of the afternoon, we had at least had a good laugh on the expenses of the European Union. The Union should take this as a success!

Thursday, 21 May 2009

European patent regulation and litigation: Council progress report

The EU Council is working on two major issues regarding patents at the moment:
  • a Regulation of the Council on the Community patent
  • an Agreement creating a Unified Patent Litigation System
The preparatory work for both of these issues is done by the Council Working Party on Intellectual Property, and now the Competitiveness Council will deal with these issues next week (28-29 May 2009).

For this purpose, the Czech Council Presidency has prepared a progress report (five readable pages) from which I could see that the major topic of the Unified Patent Litigation System will be the setting up of a European and Community Patents Court for which an updated draft agreement and draft statute have been published in March.

Article 14a of the agreement defines the legal scope of this Court that shall replace "the current fragmented patent litigation system" (progress report):
Article 14a Applicable law

(1) When hearing a case brought before it under this Agreement, the Court shall respect Community law and base its decisions on:
(a) this Agreement;
(b) directly applicable Community law, in particular Council Regulation (EC) No … on the Community patent, and national law of the Contracting States implementing Community law […];
(c) the European Patent Convention and national law which has been adopted by the Contracting States in accordance with the European Patent Convention; and
(d) any provision of international agreements applicable to patents and binding on all the Contracting Parties.
(2) To the extent that the Court shall base its decisions on national law of the Contracting States, the applicable law shall be determined:
(a) by directly applicable provisions of Community law, or
(b) in the absence of directly applicable provisions of Community law, by international instruments on private international law to which all Contracting Parties are parties; or
(c) in the absence of provisions referred to in (a) and (b), by national provisions on international private law as determined by the Court.
The Council Regulation on the Community Patent has seen a latest draft version in April, and it looks like work will continue for a while, since the progress report states that this revised version "should form the basis for further discussion and work on the outstanding issues in the coming months" (highlighted by me).

Finally, the Czech Presidency concludes the progress report with the following outlook:

"With respect to the unified patent litigation system, the Presidency, in line with the wishes of a large majority of Member States, believes that the Council should request an opinion of the [European Court of Justice] on the compatibility of the unified patent litigation system with the EC Treaty. Finally, the Presidency considers that the Working Party should continue work with a view to enabling the Council to reach an overall agreement on both files as soon as possible."

Wednesday, 25 February 2009

Better regulation in the European Union: Progress report

The European institutions, mainly the Commission, the Parliament, and the Council are working on better regulation.

In a recent Council document (6193/09) the progress in this field is listed in detail:

Nine fields in which administrative burdens are supposed to be reduced as well as 50 regulatory areas and the respective regulations/directives that are subject to simplification are mentioned in the Annex I+II of the document. For each measure/area you can see the state of play. Some have been finalised already in 2008 while others will only be dealt with starting from this year.

From the main text of the document I like the following paragraph:
[T]he Presidency stresses the importance of short executive summaries, for presentation of quantified key benefits and costs, including administrative costs for businesses, and considers that such summaries should normally cover all options, not just the chosen one. Thoroughly evaluated alternatives can speed up the decision-making process in the institutions in cases where the co-legislators would opt for different solutions than the originally proposed option.
All more or less important documents of the European institutions should have short and understandable executive summaries. This would ease citizens' access to the EU information space and would not force us to read through endless and quite boring documents.

But I suppose this will never happen, so I'll just continue dreaming...

Thursday, 12 February 2009

The Community trade mark: New EU Council Regulation - updated

The Council Regulation (EC) No 40/94 of 20 December 1993 on the European Community trade mark, which has been several time amended, will be replaced by a new codified version.

The text of the new regulation (Update: here the second revised version) has been issued by the Council, but it seems to me as if it has not been published yet. Nevertheless, it was on the agenda of yesterdays COREPER meeting (AP 10) as a legislative act, so it should be formally adopted by now.

Interesting: The European Parliament has already approved this codified version in June 2007, but it seems that is has taken another 1 1/2 years until the Council has come to an agreement.

Responsible for the registration of trade marks is the European Union agency called The Trade Marks and Designs Registration Office of the European Union (OHIM).