Rådsmøde nr. 3451 (konkurrenceevne) den 29. februar 2016

Europaudvalget 2015-16
Rådsmøde 3451 - konkurrenceevne
Offentligt

Council of the

European Union

6613/16

(OR. en)

PRESSE 10

PR CO 10

OUTCOME OF THE COUNCIL MEETING

3451st Council meeting

Competitiveness (Internal Market, Industry, Research and Space)

Internal market and industrial policy issues

Brussels, 29 February 2016

President

Henk Kamp

Minister for Economic Affairs

PRESS

Rue de la Loi 175 B – 1048 BRUSSELS Tel.: +32 (0)2 281 6319 Fax: +32 (0)2 281 8026

[email protected] http://www.consilium.europa.eu/press

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CONTENTS

ITEMS DEBATED

Competitiveness check-up: helping SMEs scale up and create jobs ................................................... 4

Single market strategy for goods and services ..................................................................................... 6

European Semester: barriers to growth and investment in the services sector .................................... 8

Steel industry........................................................................................................................................ 9

Circular economy action plan ............................................................................................................ 10

Any other business ............................................................................................................................. 12

–

Portability of digital content .................................................................................................................................. 12

Unified patent system ............................................................................................................................................ 12

Patentability of plant material................................................................................................................................ 12

EU-US privacy shield agreement .......................................................................................................................... 12

OTHER ITEMS APPROVED

INTERNAL MARKET

–

Update of the list of defence-related products ....................................................................................................... 13

JUSTICE AND HOME AFFAIRS

–

Schengen Borders Code - codification .................................................................................................................. 13

Schengen Evaluation - Belgium ............................................................................................................................ 13

Schengen Evaluation - France and Germany......................................................................................................... 14

DEVELOPMENT

–

ACP-EU Committee - derogation.......................................................................................................................... 14



Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated

in the heading for the item concerned and the text is placed between quotation marks.

 

Documents for which references are given in the text are available on the Council's Internet site

(http://www.consilium.europa.eu).

 

Acts adopted with statements for the Council minutes which may be released to the public are indicated by

an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press

Office.

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ECONOMIC AND FINANCIAL AFFAIRS

–

Market abuse ......................................................................................................................................................... 14

Bank resolution...................................................................................................................................................... 15

TRADE POLICY

–

Georgia - Republic of Moldova – Anti-circumvention and safeguards ................................................................. 15

TRANSPORT

–

Train drivers' language requirements .................................................................................................................... 16

TELECOMMUNICATIONS

–

Network and information security ......................................................................................................................... 16

CUSTOMS UNION

–

Customs Information System ................................................................................................................................ 17

GENERAL AFFAIRS

–

New member of the article 255 panel .................................................................................................................... 17

Emoluments of EU high-level public office holders ............................................................................................. 18

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ITEMS DEBATED

Competitiveness check-up: helping SMEs scale up and create jobs

Under the "competitiveness check-up" ministers exchanged views on how to best support SMEs

and start-ups in creating jobs and scaling up.

The debate took place on the basis of a presentation by the Commission showing comparative data

on start-ups and aspects linked to the scaling-up of start-ups.

Some delegations hailed the fact that, after years of downsizing, European SMEs are expanding and

have started hiring again, as showed in the Commission's 2014/2015

annual report for European

SMEs.

The majority of delegations outlined a number of key areas where EU policies can help firms to

scale up, including:

–

to facilitate access to finance

to stimulate cross-border activities by further developing the internal market

to apply better regulation principles in order to design a future-proof regulatory

environment.

However, ministers acknowledged that there is a great deal of heterogeneity in SME employment

creation across member states and sectors of economic activity.

The SME envoys' network report from last year also confirmed that the SMEs which appear to be

spearheading a recovery in SME job creation were primarily those providing services. According to

the report

, which was presented to the Council on 30 November, in general terms SMEs are

emerging from the economic crisis slowly but steadily.

In 2014, their value-added increased by 3.3% (compared with 1.6% in 2013). Also, the number of

SMEs increased to a total of 22.3 million, which is 3.6% more than in 2008.

For the first time in six years, employment in SMEs grew (by 1.2%).

The

SME envoys network

was set up in 2011 to help improve the regulatory and policy

environment for SMEs across Europe.

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The positive trend in SME performance reflects the improvement in macroeconomic and business

conditions. However, emergence from the crisis occurs at different speeds.

The vast majority of member states saw their SMEs expanding their business in 2014. But in those

countries most affected by the crisis the SME revival has not yet set in.

The competitiveness check-up exercise established a new and regular working method aimed at

improving the role of the Competitiveness Council as regards the analysis of horizontal and sectoral

economic issues as well as the monitoring of competitiveness mainstreaming. It was launched last

year.

In practice, it is based on a presentation by the Commission of the latest figures and trends related

to micro-economic issues, with ministers being invited to provide input on implications in the real

economy for EU companies and citizens.

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Single market strategy for goods and services

Following a debate on the new

single market strategy

for goods and services, the Council adopted

conclusions.

The conclusions focus on three key areas of the strategy which are particularly crucial for creating

growth and jobs:

support for SMEs, start-ups and innovative businesses

improvement of services markets

efficient implementation, compliance and enforcement of existing rules

The debate concentrated on preparations for a new legislative initiative aimed at introducing a

services passport in the internal market.

The Commission announced the launch of this initiative, which is contained in the single market

strategy for goods and services, before the end of 2016, after a public consultation and an impact

assessment have been carried out.

It would consist of a harmonised notification form and an electronic document repository to reduce

barriers and increase certainty for service providers who want to access other EU markets in order

to expand their activities.

Under this initiative, the services passport would enable service providers to notify to host countries

the information required under that country’s legislation for them to be able to provide services

across borders in that country.

The authorities of the home member state would issue the services passport to help providers of

services demonstrate that they satisfy the requirements in the member state where they want to

provide their services.

Thus, the services passport would eliminate the need for multiple requests for information and

documentation and would ease compliance with existing ex-ante notification and control

requirements.

The Council welcomed the concept of a services passport for service providers who want to access

other EU markets provided that it makes it significantly easier for them to operate across borders.

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Ministers stressed that the passport should:

–

build on existing structures and instruments

have a voluntary nature for service providers

use electronic means to the widest extent possible

not lead to additional administrative burdens for public administrations.

More information on the single market at:

http://www.consilium.europa.eu/en/policies/deeper-single-market/

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European Semester: barriers to growth and investment in the services sector

During the working lunch, ministers had an informal exchange of views, together with the

Commission, on the implementation of country-specific recommendations aiming to tackle barriers

to growth and investment in the services sector.

The outcome of the debate will feed into a

report that

will be forwarded to the spring economic

meeting of the European Council on 17-19 March.

The debate is a part of a broader exercise in which various Council formations are discussing the

implementation of country-specific recommendations in the context of the European Semester,

focusing on the parts relevant to each formation.

The

2016 European Semester

will conclude in

July with the adoption of country-specific recommendations.

The debate took place on the basis of a presidency

reflection paper.

Despite the great value of recommendations arising through the European Semester process,

ministers acknowledged that national implementation has so far been uneven and limited in the

different EU countries.

They supported the call made in the

single market strategy

for a stronger focus on the national

implementation of recommendations, particularly in the services sector.

In spite of the benefits that the single market brings to companies and consumers, too many

significant economic barriers remain, notably in the area of services.

Country specific

recommendations were considered as an important tool, in this respect, to address deficiencies and

barriers in a targeted and solution-oriented way.

Some delegations stressed that there is sufficient evidence that further reforms and modernisation in

the services sector can significantly contribute to future economic growth and employment

In the course of the debate, ministers also shared their national experiences with the implementation

of country-specific recommendations and heard about challenges and obstacles which have been

encountered, but also about good practices and successful cases of reforms carried out by

implementing the recommendations.

The European Semester cycle starts in November with the publication of the Commission's

Annual Growth Survey, which sets out general economic and social priorities for the EU and

provides member states with policy guidance for the following year.

See presidency discussion paper “Single

Market for Services”

published on 27/1/2016.

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Steel industry

Ministers discussed, together with the Commission, the global competitiveness of European

industry, focussing on energy-intensive industries. They paid particular attention to the difficult

situation of the steel sector.

Discussions were based on a

background document

of the presidency and the Commission outlining

the state of play and considering concrete actions to deal with the current challenges faced by the

European steel sector and other ailing energy-intensive industries.

This document also summarises the outcome of a high-level conference on energy-intensive

industries held on 15 February 2016.

At the end of the debate, the presidency drew the following conclusions:

Presidency conclusions on the European Steel Industry

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Circular economy action plan

Ministers exchanged views on the

circular economy

strategy, in particular on the priorities of the

action plan that was presented by the Commission on 2 December 2015.

The outcome of the debate will feed into preparations for Council conclusions that are scheduled to

be adopted by the Environment Council in June.

On the basis of a presidency

reflection paper,

ministers expressed views on the priorities that will

contribute to unlocking the potential of the circular economy for job creation and economic growth.

They made also contributions on the challenges of the new strategy that should be most urgently

addressed and how the action plan should be implemented.

Ministers welcomed the objectives of the action plan with a view to leading the transition towards a

resource-efficient economy with huge potential benefits for businesses, consumers and sustainable

environmental protection.

Delegations acknowledged the many opportunities arising from the circular economy, such as job

creation and new markets, whilst highlighting the need not to lose sight of possible adaptation

difficulties for businesses, especially for SMEs.

A majority of those who spoke highlighted the need for the action plan to foster innovation, leave

room for new business models and take into account the different stages in the transition to the

circular economy among member states. Attention must be given to raising awareness amongst

consumers and producers alike.

Many delegations took the view that the proposed actions within this package must undergo a

thorough impact analysis on the competitiveness of companies and industries, so as to ensure that

they are cost-effective and do not entail excessive regulatory burdens. Furthermore, actions should

be implemented in such a way as to create or maintain a level-playing field between European

enterprises and their competitors on world markets.

They also stressed that there must be continued efforts towards the implementation of a forward-

looking circular economy which goes beyond those actions that can be implemented in the short

and medium term.

Public procurement policy was mentioned as a potentially important instrument for fostering a

circular economy.

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Finally, some speakers stressed the need for country-specific or sector-specific implementation, for

example regarding the rules on waste policy.

The debate took place within the framework of “competitiveness mainstreaming”, which allows

ministers for competitiveness to discuss legislative packages that are not directly under the remit of

the Competitiveness Council but may have an impact in the real economy. The Environment

Council, which is primarily responsible for the circular economy action plan, will discuss it on

4 March.

The transition towards a circular economy - as opposed to a linear economic model - represents a

major and ambitious systemic change. It seeks to simultaneously increase the competitiveness of the

economy and better protect the environment.

To this end, the action plan on circular economy sets out measures to improve the sustainability of

resources throughout the lifecycle of a product. Businesses and consumers will be key players in

driving this process forward.

In a circular economy the value of products and materials is maintained for as long as possible,

waste and resource use are minimised, and when a product reaches the end of its life its resources

are kept within the economy, to be recycled and to create further value.

The plan contains a

roadmap

of new initiatives which includes a review of current EU legislation on

waste, as well as targeted actions aimed at removing barriers in specific sectors or material streams

such as plastics, food waste, raw materials, construction materials and bio-based products.

Moreover, it includes projects to support innovation and investment.

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Any other business

–

Portability of digital content

In a public session, the Council took note of information from the Commission on a new proposal

aimed at ensuring the cross-border portability of online content services in the internal market.

The

proposal

was submitted to the Council and the European Parliament in December 2015. It is

among the first initiatives of the

digital single market strategy

put forward with the objective of

creating an internal market for digital content and services.

Several delegations expressed support for the objectives of the proposal.

–

Unified patent system

The Council took note of a

report

on the progress made towards setting up the unified patent

protection system and the situation concerning ratification of the Unified Patent Court agreement.

–

Patentability of plant material

The Netherlands presidency drew attention to concerns raised, inter alia within the Agriculture

Council as well as the European Parliament, by recent decisions of the European Patent Office on

the patentability of plant material obtained through conventional breeding methods, and the impact

of these decisions on the so-called "breeder's exemption"

(6030/16).

The breeder's exemption of the Community plant variety rights system enables breeders to use any

plant variety, whether protected by a Community plant variety right or not, for the creation of new

plant varieties.

The presidency also announced its intention to organise, in cooperation with the Commission, a

symposium on 18 May 2016 to discuss the balance between patents and plant breeders' rights and

explore possible ways forward.

–

EU-US privacy shield agreement

The Commission briefed the Council on the "privacy shield" agreement recently reached with the

United States on establishing a new framework for transatlantic data flows. This agreement will

replace the safe harbour arrangement which was declared invalid by the Court of Justice on 6

October 2015.

See also Commission

press release.

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OTHER ITEMS APPROVED

INTERNAL MARKET

Update of the list of defence-related products

The Council decided not to oppose the adoption by the Commission of a directive updating the

list

of defence-related products

contained in directive 2009/43/EC.

Directive 2009/43/EC simplifying terms and conditions of transfers of defence-related products

within the EU provides that the Commission must update the list of defence-related products, so

that it corresponds to the EU's common military list, which was last updated in February 2015.

Directive 2009/43/EC

seeks to contribute to the development of a single market for defence

products, thereby reinforcing the competitiveness of Europe's defence industry.

The draft directive is subject to the regulatory procedure with scrutiny. This means that now that the

Council has given its consent the Commission may adopt it unless the European Parliament objects.

JUSTICE AND HOME AFFAIRS

Schengen Borders Code - codification

The Council adopted the codification of the Regulation on a Union Code on the rules governing the

movement of persons across borders (Schengen Borders Code) (PE-CONS

36/15).

Codification is the process of bringing together a legislative act and all its amendments in a single

new act. The new act passes through the full legislative process and replaces the acts being codified.

After being signed by the President of the European Parliament and the President of the Council,

the legislative act will be published in the Official Journal of the European Union.

Schengen Evaluation - Belgium

The Council adopted three implementing decisions setting out recommendations on addressing the

deficiencies identified in the 2015 evaluation on the application of the Schengen acquis in the field

of police cooperation (6197/16), the Schengen Information System (6200/16) and the management

of the external border (6205/16) by Belgium.

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Schengen Evaluation - France and Germany

The Council adopted an implementing decision setting out a recommendation on addressing the

deficiencies identified in the 2015 evaluation of the application of the Schengen acquis in the field

of absence of border control at the internal border between Germany and France (6210/16).

DEVELOPMENT

ACP-EU Committee - derogation

The Council approved the EU's position within the ACP-EU committee of ambassadors as

supporting a derogation to the financial regulation of the Centre for the Development of the

Enterprise.

ECONOMIC AND FINANCIAL AFFAIRS

Market abuse

The Council decided not to object to a Commission regulation supplementing regulation 596/14 on

market abuse as regards:

an exemption for certain third country public bodies and central banks;

indicators of market manipulation;

disclosure thresholds;

the competent authority for notification of delays;

permission for trading during closed periods;

types of notifiable managers’ transactions (6238/16 +

15498/15

+ ADD 1).

The regulation is a delegated act pursuant to article 290 of the Treaty on the Functioning of the

European Union. It can now enter into force, unless the European Parliament objects.

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Bank resolution

The Council decided not to object to a Commission regulation supplementing regulation 806/2014

on the EU’s single resolution mechanism and single resolution fund for banks, as regards:

criteria for the calculation of ex-ante contributions to the fund;

the circumstances and conditions under which the payment of extraordinary ex-post

contributions to the fund may be partially or entirely deferred (6495/16 +

15516/15

ADD 1).

The regulation is a delegated act pursuant to article 290 of the Treaty on the Functioning of the

European Union. It can now enter into force, unless the European Parliament objects.

TRADE POLICY

Georgia - Republic of Moldova – Anti-circumvention and safeguards

The Council adopted regulations implementing:

an anti-circumvention mechanism provided for in the EU-Georgia association agreement

(6156/16

PE-CONS 74/15);

a safeguard clause and an anti-circumvention mechanism provided for in the EU’s

association agreement with the Republic of Moldova (6155/16

PE-CONS 73/15).

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TRANSPORT

Train drivers' language requirements

The Council decided not to oppose the adoption by the Commission of a directive amending

directive 2007/59 on the certification of train drivers operating on the Community railway system.

The amended provisions relate to train drivers' language requirements.

The Commission directive is subject to the regulatory procedure with scrutiny. This means that now

that the Council has given its consent, the Commission may adopt the directive, unless the

European Parliament objects.

Draft Commission directive amending directive 2007/59

Annex to the draft Commission directive amending directive 2007/59

TELECOMMUNICATIONS

Network and information security

The Council adopted a political agreement on new rules to strengthen cybersecurity across the EU.

The network and information security (NIS) directive will increase cooperation between member

states and lay down security obligations for operators of essential services and digital service

providers.

An informal agreement on the proposal was reached with the Parliament on 7 December 2015. The

deal was confirmed by the Permanent Representatives Committee on 18 December.

The text will now undergo legal-linguistic revision. After that, the Council is due to adopt its

position at first reading, paving the way for final approval by the European Parliament at second

reading.

Draft directive on network and information security

(text of political agreement)

EU steps up cybersecurity: member states approve agreement

(press release, December 2015).

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CUSTOMS UNION

Customs Information System

The Council decided not to object to a

Commission regulation

determining those operations in

connection with the application of agricultural regulations which require the introduction of

information into the Customs Information System (CIS).

The CIS was established by regulation 515/97 as an automated information system to meet the

requirements of the administrative authorities responsible for applying the legislation on customs or

agricultural matters, as well as those of the Commission.

The aim of the CIS is to assist in preventing, investigating and prosecuting operations which are in

breach of customs or agricultural legislation by making information available more rapidly and

thereby increasing the effectiveness of the cooperation and control procedures of the member states

and the Commission.

The regulation is a delegated act pursuant to article 290 of the Treaty on the Functioning of the

European Union. It can now enter into force, unless the European Parliament objects.

GENERAL AFFAIRS

New member of the article 255 panel

The Council adopted a decision appointing Mr. Mirosław Wyrzykowski as a member of the panel

provided for in article 255 of the Treaty on the Functioning of the EU for a period ending on 28

February 2018.

The article 255 panel's task is to give an opinion on candidates' suitability to perform the duties of

judge and advocate-general of the Court of Justice and the General Court before the appointment

decisions are taken. Mr Wyrzykowski replaces Mr Péter Paczolay who resigned.

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Emoluments of EU high-level public office holders

The Council adopted a regulation determining the system of emoluments of EU high-level public

office holders (5444/16 +

6034/1/16 REV 1).

The new regulation aims to reflect the changes introduced to the staff regulations for EU officials in

2013. It reduces in particular the benefits in the field of pensions (by increasing the pensionable age

and reducing annual accrual rates), limits the period of payment of the transitional allowance to a

maximum of two years and introduces a ceiling for the reimbursement of removal costs. The

amendments are expected to generate for the EU budget in the long-term savings of €5.4 million per

year.

EU high-level public office holders include notably the President and members of the Commission,

including the High Representative of the EU for Foreign Affairs and Security Policy, the President

of the European Council, the President, judges and advocates-general of the Court of Justice of the

European Union and the President and members of the Court of Auditors.

The new regulation replaces the current rules spread over two regulations and three decisions.

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