Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012...

33
1 Committee on the Internal Market and Consumer Protection Brussels, 04.12.2014 Decisions by Coordinators on 3 December 2014

Transcript of Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012...

Page 1: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

1

Committee on the Internal Market and Consumer Protection

Brussels, 04.12.2014

Decisions by Coordinators on 3 December 2014

Page 2: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

2

Committee on Internal Market and Consumer Protection

DECISIONS

Coordinators' meeting Brussels

Wednesday, 3 December 2014 from 17.45 to 18.35 In the Chair: Vicky Ford

1 Adoption of the draft agenda

The agenda was adopted as shown in these decisions. 2 Adoption of the Coordinators Decisions of the last meetings

The decisions of the coordinators meeting of 5 November approved by written procedure on 20 November 2014.

3 Announcements 3.1 Main items of the Conference of Committee Chairs

a. Italian Presidency Secretary of State for European Affairs, Sandro GOZI, offered an outline of progress made and promised to open informal negotiations on the “Connected Continent Package” before the end of the Italian Presidency.

b. European Court of Auditors

Chairs held an exchange with Mr Ville ITALA, Member of the ECA, on closer cooperation between ECA and Parliamentary committees. CONT (Budgetary Control committee) stressed that special ECA reports are presented in CONT and specialised committees are invited to attend.

c. Meeting of the CCC with the College of Commissioners

The Chair referred to the matters addressed during the meeting with the College of Commissioners on 2 December 2014. The general purpose of the meeting is to exchange views on priorities for 2015. Amongst the topics covered, the strengthening of the implementation of legislation in Services, Professional Qualifications, Consumer Protection, Public Procurement (guidance to MS), the development of a coherent policy framework for the Digital Single Market.

Page 3: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

3

d. IMCO Scrutiny The Chair proposed to Coordinators to examine ways to strengthen IMCO’s role in the scrutiny of the implementation of EU legislation. It was also agreed to invite the relevant Commissioners to address the committee early in 2015.

3.2 Conflicts with other Committees

Title Procedure n°

Pol. Group

State of Play

Dissemination of Earth observation satellite data for commercial purposes

2014/0176 (COD)

Main: IMCO

ITRE challenged the attribution of the dossier to IMCO. The CCC made a recommendation to the CoP on 20.11.2014 for the attribution of the proposal to ITRE with a simple opinion for IMCO. A decision is expected at the CoP of 27.11.2014

Programme on interoperability solutions for EPA, businesses and citizens (ISA2) as a means for modernising the public sector

2014/0185 (COD)

Main: ITRE

IMCO challenged the attribution of the dossier to ITRE. The CCC issued a recommendation on 06.11.2014 which proposes to dismiss IMCO’s challenge. A decision is expected at the CoP of 27.11.2014.

The possible extension of geographical indication protection of the European Union to non-agricultural products

Main: IMCO IMCO contested the JURI INI request. JURI proposed on 20.11.2014 to grant IMCO informal association (simple opinion with exclusive competence on matters of the internal market).

The impact of EU trade and investment policy on public-private partnerships

Main: INTA IMCO contested the INTA INI request as it is linked to PP and Concessions. In consultation with the Chair a tentative agreement was reached for the modification of the title to:

"The external impact of EU trade and investment policy on public-private initiatives in countries outside the EU"

Page 4: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

4

IT security IMCO contested the LIBE hearing request as it is linked to NIS. LIBE chair expressed his willingness to modify the scope and to involve IMCO in the hearing.

Hearing on TTIP Main: IMCO IMCO and INTA will hold a joint hearing. The Chairs of respective committees agreed that IMCO would decide on the agenda and the invitation of speakers.

Unfair commercial trading practices in the food supply chain (INI)

2014/0472 (COD)

Main: IMCO

AGRI has requested to CCC its association under rule 54, by letter of 13.11.2014. IMCO will reply shortly (draft letter to be submitted for approval to Coordinators).

Regulation on requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery (COM(2014) 581 final)

Lead: ENVI IMCO has contested the referral of this Proposal to the ENVI Committee

4 Nomination of rapporteurs See list of points in annex 1.

Legislative reports

None.

Non-legislative reports

4.1 Report on the application of Regulation (EU) No 1007/2011 on textile fibre names and related labelling and marking of the fibre composition of textile products – COM(2014)0633

Resp.: IMCO (EM/SV) Opinion: -

Decision: No report

Page 5: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

5

4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014) 262 final

Resp.: IMCO (JF) Opinion: -

Decision: No report

Legislative Opinions

4.3 Proposal for a Regulation of the European Parliament and of the Council on the manufacture, placing on the market and use of medicated feed and repealing Council Directive 90/167/EEC (Text with EEA relevance) - COM(2014) 556 final - 2014/0255 (COD) - SWD(2014) 271 and 272 final

Resp.: AGRI Opinion: ENVI, IMCO (MD)

Decision: No opinion 4.4 Proposal for a Council Decision on the position to be adopted, on behalf of the

European Union, at the 8th Conference of the Parties to the Helsinki Convention on Transboundary Effects of Industrial Accidents, with regard to the proposal for an amendment of Annex I - COM(2014)0652

Resp.: ENVI Opinion: IMCO (JF), ITRE

Decision: No opinion (ENVI Coordinators will discuss this item at their meeting of 3-4 December 2014).

4.5 Proposal for a Council Decision establishing the position to be adopted on the

Union’s behalf in the administrative Committee of the United Nations Economic Commission for Europe on the draft new Regulation on hydrogen and fuel cell vehicles

Resp.: INTA Opinion: IMCO (AGJ), ITRE

Decision: No opinion

4.7 Proposal for a Regulation of the European Parliament and of the Council

amending Regulations (EC) No 715/2007 and (EC) No 595/2009 as regards the reduction of pollutant emissions from road vehicles (Text with EEA relevance) - COM(2014) 28 final - 2014/0012 COD - SWD(2014) 32 final - SWD(2014) 33 final Resp.: ENVI Opinion: IMCO (AGJ/SV), TRAN, ITRE

Decision: Opinion – EPP (0,5 points)

Page 6: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

6

Non-Legislative Opinions

4.6 Report by INTA on the TTIP

Resp: INTA Opinion: IMCO (SV), ECON, ITRE, JURI, EMPL, LIBE, ENVI, AGRI, TRAN

Decision: Opinion – ALDE (Agreement with EPP communicated to the Secretariat by email on 9/12/2014).

4.8 The implementation of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (INFOSOC Directive)

Resp.: JURI Opinion: IMCO (BM)

Decision: Opinion – S&D (email of 4/12/14)

4.8bis The EC's Second Report to the Council on the implementation of Council

Recommendation 2009/C 151/01 on patient safety, including the prevention and control of healthcare associated infections - COM(2014) 371 final

Resp.: ENVI Opinion: IMCO (SV), EMPL Decision: Political groups are invited to inform secretariat if they are interested by 12/12/14 noon (last minute addition)

For info

4.9 Commission Staff Working Document on the implementation of the definitive

VAT regime for intra-EU trade (SWD(2014)338)

Resp.: ECON Opinion: IMCO (DA)

Observations: In this Staff Working Document, the Commission sets out the state of play as regards the modernisation of the treatment of VAT within the European Union. The Commission takes stock of the state of play, and indicates that a study has been commissioned to look at the various policy options under consideration. The results of this study are expected to be available by spring 2015.

Page 7: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

7

4.10 Green paper: Safety of Tourism Accommodation Services - COM(2014) 464 final

Resp.: TRAN Opinion: IMCO (MD), ENVI, EMPL, ITRE, CULT, REGI

Observations: On 24 September, IMCO Coordinators decided to attribute this file to S&D for the appointment of a draftsperson. In the meantime, TRAN Coordinators decided to draft an INI report with a wider scope than the above-mentioned Green Paper, namely on "New challenges and concepts for the promotion of Tourism in Europe". S&D remains interested to draft an opinion on the matter.

4.11 Towards more effective EU merger control (COM(2014)449)

Resp.: ECON Opinion: IMCO (DA), JURI Observations: Coordinators decided on 24 September to appoint Kaja Kallas (ALDE) rapporteur for opinion in this file. Since then, ECON, as lead committee, has decided not to produce a report on the White Paper. The procedure is therefore obsolete, and IMCO's opinion has to be discontinued. The rapporteur in ECON for the annual report on EU competition policy (2014/2158(INI)) has instead addressed the White Paper in his draft report in that file.

4.12 ITRE INI report on European energy security strategy

Observations: The IMCO Coordinators have decided to do opinions on 1) Energy Efficiency and its contribution to energy security and the 2030 Framework for climate and energy policy on 24 September and 2) Progress towards completing the internal energy market on 5 November. ALDE was given both opinions. Coordinators were informed at the meeting of 5 November that ITRE Committee decided to address the relevant parts of the Communication on Energy Efficiency within a single INI report on the European energy security strategy. Subsequently, the ITRE coordinators decided not to make an INI on “Progress towards completing the internal energy market”, but to take into account the relevant aspects in the same on-going INI on European energy security strategy. Both IMCO opinions will therefore be addressed in one opinion to the ITRE INI on European energy security strategy. ALDE was responsible for both opinions and has appointed Ms Hyusmenova as Rapporteur.

4.13 Report on the annual accounts of the Office for Harmonisation in the Internal

Market for the financial year 2013 (A(2014)11437)

Pursuant to the provisions of Article 287 of the TFEU the Court publishes its audit on the Office and provides with a statement of assurance of the Office's annual

Page 8: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

8

accounts, and of the legality and regularity of the transactions underlining those accounts.

4.14 Council Decision on the position to be adopted, on behalf of the EU, within the

EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Consumer Protection)

Observations: Protocol 31 to the EEA Agreement is amended in order to extend the cooperation of the contracting parties to the EEA Agreement to include Regulation (EU) No 254/2014 of the European Parliament and Council of 26 February 2014 on a multiannual consumer programme for the years 2014-2020. The Decision was transmitted to the European Parliament for information purposes only.

4.15 Council Decision on the position to be adopted, on behalf of the EU, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Lines 02.03.01 and 12.02.01)

Observations: Protocol 31 to the EEA Agreement is amended in order to continue the cooperation of the contracting parties to the EEA Agreement in actions funded from the general budget of the Union concerning "Operations and development of the internal market, particularly in the field of notification, certification and sectoral approximation" (Budget line 02.03.01) and "Implementation and development of the internal market" (Budget line 12.02.01). The Decision was transmitted to the European Parliament for information purposes only.

4.16 Council Decision establishing the position to be adopted on behalf of the EU in

the Administrative Committee of the UNECE on the draft new Regulation on pole side impact and on the draft amendment to that Regulation.

Observations: The position to be adopted on behalf of the EU in the Administrative Committee of the Revised 1958 Agreement shall be to vote in favour of the draft new UNECE Regulation on uniform provisions concerning the approval of vehicles with regard to the Pole Side Impact performance. The proposal (COM(2014)0680) and the Decision were transmitted to the European Parliament for information purposes only.

4.17 Council Regulation amending Regulation (EU) No 1387/2013 suspending the

autonomous Common Customs Tariff duties on certain agricultural and industrial products – COM(2014)0705 - 2014/0333 (NLE) Resp.: IMCO (EM/BL) Opinion: DEVE, INTA, ITRE, AGRI

Page 9: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

9

Observations: This proposal concerns a number of agricultural and industrial products. The suspension requests were examined in the light of the criteria set out in the Communication from the Commission concerning autonomous tariff suspensions and quotas. Following this review, the Commission considers that the suspension of duties is justified for the products listed in Annex I of this proposal. Also, Annex I lists i) products for which the wording of their description had to be changed, ii) products for which a new CN or TARIC code became necessary or iii) products which were reviewed and for which a new date for mandatory review was set. Procedural remark: This notification is made for information only. This NLE procedure does not concern the EP.

5 Timetables Coordinators agreed the following timetables: 5.1 Mizzi opinion: Single-member private limited liability companies (2014/0120

(COD)) 5.2 Huysmenova opinion: European energy security strategy

Deadline for sending the opinion to translation

17 December

Consideration of draft opinion 21 or 22 January

Deadline for amendments 3 February at 12.00

Consideration of amendments 23 or 24 February

Consideration of Compromise amendments 16 March

Vote in IMCO 17 March

Vote in lead Committee (ITRE) 14 April 2015

Plenary TBD

Exchange of views (presentation IA by COM) 4 December 2014

Draft opinion to translation 16 December 2014

Exchange of views / Consideration of draft opinion

21-22 January 2015

Deadline for amendments 29 Jan 2015, 12:00 am

Consideration of amendments 23-24 Feb 2015

Consideration of compromise amendments 16-17 March 2015

Vote in IMCO 26 March 2015

Vote in lead Committee (JURI) 7 May 2015

Vote in Plenary tbc

Page 10: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

10

5.3 Gáll-Pelcz Opinion: The review of the economic governance framework: stocktaking and challenges

The Berès report in ECON was initially supposed to be a legislative INI but has been transformed into a normal Rule 52 INI report. The ECON timetable has not been fixed yet, however it can be expected that the vote will take place on 23/24 February in order to submit the report to the March I plenary session with a view to having it adopted before the Spring European Council. Under these circumstances, and in consultation with her Shadows, the Rapporteur Mrs Gáll-Pelcz suggests preparing the IMCO opinion in two phases: 1. During the first phase, the Rapporteur wishes to work closely with the

Shadows, following the discussion in ECON and awaiting the Commission’s report on the 6-pack and 2-pack regulations.

2. During the second phase, the IMCO opinion would be prepared under an exceptionally fast-track procedure and working only in English. The second phase would be based on the following timetable:

Deadline to send the draft opinion to translation 15 January 2015

Consideration of draft opinion in IMCO 21/22 January 2015

Deadline for amendments (in English only) 23 January at 12:00

Vote in IMCO 5 February 2015

Adoption in ECON (lead committee) 23/24 February 2015 (tbc)

Plenary March I (tbc)

5.4 Comi opinion: Protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (2013/0402 (COD))

New proposal

Exchange of views (presentation IA by COM)

18 March 2014

17 November 2014

18 March 2014

17 November 2014 3 December 2014

Draft opinion to translation 17 November 2014 8 December 2014

JURI hearing 20 January 2015

Consideration of draft opinion 3-4 December 2014 21-22 January 2015

Deadline for amendments 19 January 2015, 12:00 3 February 2015, 12:00

Consideration of amendments 5 February 2015 23-24 February 2015

Consideration of compromise amendments

23 February 2015 16 March 2015

Vote in IMCO 24 February 2015 17 March 2015

Vote in lead Committee (JURI) 24 March 2015 16 April 2015

Vote in Plenary tbc tbc

Page 11: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

11

5.5 López-Istúriz White report: cableway installations (2014/0107(COD))

Deadline for sending the report to translation

5 November 2014 cob

Consideration of draft report 3-4 December 2014

Deadline for amendments 8 January 2014 noon

Consideration of amendments 5 February 2015

Consideration of Compromise amendments

16 March 2015

Vote in IMCO 17 March 2015

Mandate to enter negotiations 17 March 2015

Plenary (TBD)

6 Comitology, Delegated and Implementing Acts and Expert Groups

Coordinators took note of the recommendations regarding documents transmitted for scrutiny (annex 2) and if no objections are received by 17 December close of business they will be deemed approved.

6.2 Expert Groups

Coordinators also took note of the reports from the Expert Group meetings. 7 Petitions 7.1 Petition 1796/2013 by Horst Karl Heinrich Delfs (German) on the protection of

short-wave frequencies against electromagnetic radiation

Decision: No action needed. The petition was forwarded to IMCO for information only.

8 Miscellaneous 8.1 Opinion 1/14 – Cross-border sports betting – possible written observations of

the European Parliament

The Council of Europe Convention on the Manipulation of Sports Competitions ('the Convention') was opened for signature on 18 September 2014. Since Malta considers that this Convention contains provisions on cross-border supply of gambling services that are in breach of Articles 18, 49 and 56 TFEU, it has requested an Opinion of the Court of Justice (ECJ, Opinion 1/14) as to whether the Convention is compatible with the Treaties. Parliament is entitled to submit written observations in those proceedings.

Page 12: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

12

On 14 November 2014, the JURI Committee sent its recommendation (voted on 10 November) to the President of the European Parliament, which concurs with the opinion of the Legal Service, namely not to submit written observations in the proceedings concerning Opinion 1/14. The Chair pointed out that it could be helpful to have IMCO included earlier on in the process in order to be able to examine it more carefully. Decision: Coordinators decided to follow the JURI recommendation.

8.2 Motions for a European Parliament Resolution on the framing of an EU

regulation on (the prevention of) gambling by MEP Aldo Patriciello (B8-0237/2014 and B8-0254/2014) (MD)

In his two identical motions for a resolution, Mr Also Patriciello (EPP) calls on the Commission "to adopt a new proposal for a regulation to regulate gambling in general, in order to remedy the current situation of legislative fragmentation and inefficiency". Decision: Coordinators decided to revisit the matter only at a later stage, when the Commission will be reporting on the implementation of the July 2014 Recommendation by the Member States and on the review of its 2012 action plan on online gambling (in principle due in December 2014, but delayed).

8.3 Motion for a European Parliament resolution on standardisation of national

rules on the sale of pharmaceutical products online (EM)

Pursuant to Rule 133 of the Rules of Procedure, in his Motion for resolution Aldo Patriciello calls on the Commission to submit a new proposal for a regulation with a view to standardising national rules on the sale of pharmaceutical products online.

Decision: Coordinators decided that no follow-up is needed. 8.4 IMCO representatives to STOA board

As Coordinators were informed by the Chairman, STOA indicated it may accept a third IMCO representative on the STOA panel, following a request by ENVI Committee for a fourth place.

Decision: Coordinators agreed to nominate the Chairman to represent IMCO together with Carlos Coelho (EPP) and Virginie Roziere (S&D) who were already appointed.

Page 13: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

13

8.5 Workshop on Unfair trading practices in the food supply chain At their strategy meeting of 17 November, Coordinators agreed in principle on the organisation of a workshop on “Unfair commercial trading practices in the food supply chain", and tasked the Secretariat, in cooperation with the Rapporteur, D. Jackiewicz (ECR) and the Policy Department, to prepare a more detailed draft programme for their consideration. The workshop would, as is customary, be organised by the Policy Department and focused specifically on “Unfair commercial trading practices in the food supply chain”, taking stock of such practices and considering possible regulatory responses to them. The results will provide input for the forthcoming non-legislative INI that IMCO has requested, following the referral of the corresponding Commission Communication on this topic of 14 July 2014. The workshop will also take into account the study "The economic impact of modern retail on choice and innovation in the EU food sector" issued in October 2014 by the Commission services (DG COMP) and facilitate dialogue with the AGRI committee, which has requested associated status under rule 54. Decision: Coordinators endorsed this proposal (the detailed draft programme will follow).

8.6 Deployment of the eCall in-vehicle system (Rapporteur: Olga Sehnalová (S&D))

On 1 December 2014, the EP Negotiating Team - chaired by the IMCO Chairman Mrs Vicky Ford and composed of the Rapporteur, Shadow Rapporteurs and Rapporteurs for opinion in LIBE and TRAN - reached agreement with the Council and the Commission on the proposed Regulation concerning type-approval requirements for the deployment of the eCall in-vehicle system and amending Directive 2007/46/EC. Decision: Following the recommendation by the Rapporteur, Coordinators agreed to submit the negotiated text to the IMCO Committee for endorsement on Thursday 4 December 2014.

8.7 2015 Missions Decisions: Political groups have communicated to the Secretariat their preference for having

the delegation to Latvia in February (instead of March). Coordinators took note of the distribution of places per group and Political

Groups were invited to communicate their participants for the delegations by Thursday 18 December cob at the latest.

Page 14: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

14

Coordinators also took note of the request from a NA MEP (Mylène Troszczynski) for her participation to the delegation to Latvia. However, as no spare places are available, coordinators refused her participation.

25 places

Distribution of places per group

Latvia Luxembourg USA Netherlands Remaining places

16-17 February 18 June 20-22 July 2nd Semester

5-7 Members + Chair

5-7 Members + Chair

Max. 8 Members 1 5-7 Members

+ Chair

EPP 9 3 (max. 3) 6

S&D 8 (max. 3) 8

ECR 3 Duda (max. 1) 2

ALDE 2 (max. 1) 2

GUE/NGL 1 0 1

Greens/ALE 1 Soltes 0 0

EFDD 1 0 1

8.8 IMCO Working Group on the Digital Single Market

Decision: Coordinators agreed the objectives, the draft programme, the format (outside committee meetings) and the timing (bi-monthly). They also agreed that other committees should be invited. The WG would be open to all IMCO members and would be chaired by the Chairman.

The Secretariat was invited to circulate early on the 2015 meeting dates during committee weeks. Political groups were invited to send their suggestions for stakeholders by 16 December cob.

Objectives The Working Group could seek to identify key remaining barriers towards the completion of the Digital Single Market and unleashing its potential for growth, jobs and consumer choice. In covering all issues related to the Digital Single Market, IMCO would ensure a horizontal approach in defining priority actions relating to the Digital Single Market, thereby inviting other committees along. The conclusions of the fourth cycle could serve as strategic input into a comprehensive policy framework for the deepening / or development of the DSM.

1 Distribution of places following D’Hondt system

Page 15: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

15

Draft Programme 1. Fostering innovation, stimulating investment and promoting growth:

the potential of the DSM – new developments, opportunities and how to make the most of them, including possibly:

Fast broadband coverage and universal access for EU citizens (EPP/ S&D – Greens, ECR)

Digital platforms, digital enablers – definition and role (S&D)

Internet of Things and Big Data

The growing importance of digital innovations for the EU's traditional industry and service base (e.g. automotives, chemicals, insurance)

The digital sector and business innovation in the EU (EPP – S&D, Greens, ECR)

3D printing

Access to finance for IT start-ups, including crowd-funding (S&D)

Peer-to-peer services/ sharing economy (e.g. AirBnB) (EPP – S&D, Greens, ECR)

Fostering investment in digital infrastructures and the growing role of "over-the-top players "(e.g. Smart TV, Streaming services such as Spotify or Netflix, Whatsapp, Skype)

Fostering EU research and development (EPP – S&D, Greens, ECR)

Functioning of search engines and comparison websites (EPP – S&D, Greens, ECR)

2. Towards a single EU digital market place for business and consumers

Fostering the growth of eCommerce and online services (and tackling obstacles including fraud prevention, website registrations, sales promotions and labelling, e-invoicing) (ECR – S&D, with modifications by IMCO secretariat)

Towards an integrated delivery market (in particular parcel delivery)

Towards a strategic framework for digital services (S&D)

Internet governance (S&D)

Net neutrality (S&D)

The role of competition policy: multichannel distribution and retail practices, platform bans, unfair B2B practices, such as closed distribution agreements or abuse of dominant position; (EPP – S&D, Greens, ECR)

Tackling geoblocking and unjustified discrimination of consumers in the digital market place (EPP – S&D, Greens, ECR)

3. Overcoming legal fragmentation

Contract law, warranties (EPP – S&D, Greens, ECR)

Specific sectors, such as retail, which face obstacles online (following on the results of the Cost of non-Europe study) (ECR – S&D)

Cloud computing

Data mining (EPP – S&D, Greens, ECR)

Simplification of VAT, administrative procedures for SMEs and taxation (ECR wish to delete taxation, S&D prefer to mention it explicitly)

Page 16: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

16

Consumer protection framework in the digital era (review of existing framework, identification of remaining gaps, ensuring consumers have the same protection online as in their traditional markets) (ECR – S&D)

liability regime of online intermediaries (in the context of the eCommerce Directive)

4. Increasing consumer choice, web accessibility and legal access to digital content (ECR – S&D)

Copyright reform

Digital content and consumer protection (consistent approach to consumer protection)

Web Accessibility for all (including persons with disability or elderly people) (S&D)

Content creators (EPP – S&D, Greens, ECR)

Tackling the digital divide - ICT skills and digital learning (in continuous education) (EPP/S&D – Greens, ECR)

5. Trust, security and privacy

Cybersecurity

Internet safety for children (ECR – S&D)

Online privacy and data protection

Trust (incuding trustmarks)

The role of online payment systems (micropayments, cash vs. online/mobile payments, peer-to-peer financial transactions such as Bitcoins, payment card frauds) (EPP – S&D, Greens, ECR – Secretariat proposal for rewording and move from point 2. to 5.)

In-App purchases (EPP – S&D, Greens, ECR)

6. Driving public sector modernisation and paperless government through interoperability and standardisation

E-Government and e-Voting (EPP – S&D, Greens, ECR)

E-procurement (S&D)

E-customs (S&D) 8.9 INI Reports and Studies

Decisions: Coordinators endorsed the following order of priority for the various INI Reports and Studies:

INI Reports

1. Single Market Governance within the European Semester;

2. Aligning the current consumer legislative framework to the digital era;

3. Towards a Digital Single Market Act;

4. Towards better Single Market regulation;

Page 17: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

17

5. A longer life-time for products: benefits for consumers and companies;

6. Transposition of the Professional Qualifications Directive: Mutual

evaluation exercise of regulated professions;

7. The European Economic Area and the EU: Challenges and chances. INI number 1 has already been launched. Numbers 2, 4, 5 will be launched as soon as the relevant studies become available.

Studies

1. Aspects of the TTIP negotiations relevant for IMCO;

2. DSM I. Is the current legislative framework adequate to protect consumers and SMEs in the digital sphere? Enforcement and/or legislative gaps;

3. DSM II. Peer-to-peer services, opportunities and challenges ;

4. Franchising ;

5. Analysis and effects of the different Member Sates’ customs sanctioning systems;

6. A longer life-time for products;

7. DSM IV. Over-the-top players (OTTs) (online intermediaries);

8. Social economy;

9. Smart Single Market Regulation;

10. DSM III. European Digital Guarantee ;

11. Reducing the barriers and the costs for businesses within the Single Market;

12. Consumer insolvency regime.

The Secretariat will provide more detailed information on the number of studies that can be launched.

9 Date of next Coordinator's Meeting

Wednesday, 21 January 2015, 17h00-18h30

Page 18: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

18

ANNEX 1

Brussels, 4 December 2014

POINTS ALLOCATED to POLITICAL GROUPS

PROVISIONAL TABLE OF POINTS

EPP

1

2 x

2 =

24

S&D

1

1 x

2 =

22

ECR

4

x 2

=

8

ALD

E 4

x 2

= 8

GU

E/N

GL

2 x

2=

4

Gre

ens/

EFA

2

x 2

=

4

EFD

D

2 x

2 =

4

NA

3

x 2

=

6

Total points Explanation of points 2 p. : *** Codecision report 1,5 p: INI Report of pre-legislative nature/Implementation reports 1 p. : other non-legislative Reports 1 p. : Legislative opinions under the status of associated committee 0,5 p. : Legislative opinions 0,5 p. : Non-Legislative opinions under the status of associated committee 0 p. : Non-legislative Opinions 0 p. : RotationsTechnical reports allocated according to the d'Hondt-system 0 p. : Rotations (Monitoring Comitology / Budget) 0 p.: Annual reports /opinions

24 22 8 8 4 4 4 6

INITIAL POINTS 24 22 8 8 4 4 4 6

Coordinators meeting date

Ref SUBJECT Doc. type

Value

Rapporteur / Draftsperson

EPP S&D ECR ALDE GUE/NGL

Greens/EFA

EFDD NA

APPOINTMENT OF Rapporteurs (REPORTS) LEGISLATIVE (COD) - 2 points

Page 19: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

19

17.07.2014 2013/0165 (COD) Type-approval requirements for the deployment of the eCall in-vehicle system

0 points S&D O. Sehnalova

0

17.07.2014 2013/0049 (COD) Consumer product safety 0 points S&D C. Schaldemose

0

17.07.2014 2013/0048 (COD) Market surveillance of products 0 points EPP 0

17.07.2014 2013/0410 (COD) Mutual assistance between admin. Authoroties of MS to ensure correct application of the law on customs and agricultural matters

0 points S&D L. Jaakonsaari

0

17.07.2014 2012/0340 (COD) Accessibility of public sector bodies’ websites

0 points ALDE D. Charanzova

0

17.07.2014 2013/0027 (COD) Measures to ensure a high common level of network and information security across the Union

0 points EPP A. Schwab

0

17.07.2014 2013/0246 (COD) Package travel and assisted travel arrangements

0 points EPP B. Colling-

Langen

0

17.07.2014 2012/0082 (COD) Symplifying the transfer of motor vehicles registered in another MS within the Single Market

0 points ALDE D. Charanzova

0

17.07.2014 2014/0108(COD) Personal protective equipment 0 points ECR V. Ford

0

17.07.2014 2014/0107 (COD) Cableway installations 0 points EPP A. López-Istúriz

0

17.07.2014 2014/0136 (COD) Appliances burning gaseous fuels 0 points S&D C. Stihler

0

17.07.2014 2014/0176 (COD) Disemination of Earth observtions satellite data for commercial purposes

2 points S&D J. Nilsson

2

24.09.2014 2013/0432 (COD) Customs infringements and sanctions 0 points ALDE K. Kallas

0

LEGISLATIVE (INI) / IMPLEMENTATION - 1,5 points

Page 20: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

20

NON-LEGISLATIVE (INI) - 1 point

24.09.2014 Single Market Governance withing the European Semester 2015

1 point EPP I. Gáll-Pelcz

1

24.09.2014 Possible extension of geographical indication protection of the EU to non-agricultural products

1 point S&D N. Danti

1

07.10.2014 Tackling unfair trading practgices (UTPs) in the business-to-business food supply chain

1 point ECR D. Jackiewicz

1

APPOINTMENT OF Draftspersons (OPINIONS) LEGISLATIVE (COD/NLE) - 0,5 points

17.07.2014 2013/0309 (COD) European Single Market for electronic communications and to achieve a connected continent

0 points (continued from 7

th leg)

ECR V. Ford

0

17.07.2014 2013/0072 (COD) Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights…

0 points (continued from 7

th leg)

EPP E. Gardini

0

17.07.2014 2014/0124 (COD) European platform to enhance cooperation in the prevention and deterrence of undeclared work

0,5 points

GUE/NGL D. De Jong

0,5

17.07.2014 2014/0185 (COD) Programme on interoperability solutions for European public administrations, businesses and citizens (ISA2)…

0 points (combine

d with 2014/01

76)

S&D L. Jaakonsaari

0

24.09.2014 2014/0120 (COD) Single-member private limited liability companies

0,5 points

S&D M. Mizzi

0,5

07.10.2014 2013/0402(COD) Protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure

0,5 points

EPP L. Comi

0,5

Page 21: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

21

05.11.2014 2014/0268 (COD) Requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery

0,5 points

EPP A. Schwab

0,5

03.12.2014 2014/0012 (COD) Reduction of pollutant emissions from road vehicles

0,5 points

EPP 0,5

NON-LEGISLATIVE (INI) - 0 points

24.09.2014 Enforcement of intellectual property rights: an EU action plan

0 points S&D C Stihler

0

24.09.2014 Towards a thriving data-driven economy

0 points S&D 0

24.09.2014 Towards more effective EU merger control

0 points ALDE K. Kallas

0

24.09.2014 Safety of tourism accommodation services

0 points S&D 0

24.09.2014 New challenges and concepts for the promotion of Tourism in Europe

0 points ALDE M. Grapini

0

24.09.2014 Radio spectrum inventory 0 points S&D 0

07.10.2014 Review of the economic governance framework: stocktaking and challenges

0 points EPP I. Gall-Pelcz

0

05.11.2014 European film in the digital era - Bridging cultural diversity and competitiveness

0 points ALDE D. Charanzova

0

05.11.2014 Progress towards completing the internal energy market

0 points ALDE 0

05.11.2014 The external impact of EU trade and investment policy on public-private initiatives in countries outside the EU

0 points ALDE D. Charanzova

0

03.12.2014 Transatlantic Trade and Investment Partnership (TTIP)

0 points ALDE 0

Page 22: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

22

03.12.2014 Harmonisation of certain aspects of copyright and related rights in the information society (INFOSOC Directive)

0 points S&D 0

Budget

PETITIONS (PET) - 0 points

REMAINING POINTS 21,5 18,5 7 8 3,5 4 4 6

EPP S&D ECR ALDE GUE/ NGL

Greens/ EFA

EFDD NA

Remaining points by Percentage 89,6 84,1 87,5 100 87,5 100 100 100

Page 23: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

23

ANNEX 2

Comitology, Delegated and Implementing Acts and Expert Groups

A. DELEGATED ACTS

The European Parliament has a right of objection within usually 2 months of notification of the delegated act adopted by the Commission (with a possibility to ask for an extension of another 2 months) (Common Understanding, point 10).

A1. Commission Delegated Directive .../…/EU of 31.10.2014 amending Annex III to Directive 2014/32/EU, as regards the flowrate range of water meters

The delegated act is available in all languages at \\epadesres\public\docs_autres_institutions\commission_europeenne\actes_delegues\2014\07993

- Basic act: Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast), in particular Article 47(b)

- Document number: C(2014)07993

- Summary: Directive 2014/32/EU sets out the requirements that certain measuring instruments have to satisfy with a view to their being placed on the market and/or put to use for specific measuring tasks prescribed by the Member States. This Directive applies, among others, to water meters intended for the measurement of volumes of clean, cold or heated water in residential, commercial and light industrial use (Annex III). The first of the specific requirements for water meters (point 1 in Annex III to Directive 2014/32/EU on measuring instruments) contains a rated operating condition for the flowrate range (Q3/Q1 ≥ 10). Article 47 (b) of Directive 2014/32/EU empowers the Commission to adopt delegated acts concerning the amendment of the instrument-specific Annexes in relation to the rated operating conditions.

On 31 October 2011 an update of the standard EN 14154 entered into force which contains a higher flowrate range (Q3/Q1 ≥ 40). The standard is more exigent than the specific requirement and it has been requested to adapt the requirement in the Directive to be equal to the standard. The proposed Commission delegated Directive would amend point 1 of Annex III to Directive 2014/32/EU on measuring instruments, and replace the rated operated condition for the flowrate range from Q3/Q1 ≥ 10 to Q3/Q1 ≥ 40.

Directive 2014/32/EU on measuring instruments was adopted on 26 February 2014 and needs to be transposed by Member States by 19 April 2016. The national provisions implementing that Directive will start applying on 20 April 2016. It is proposed that this Commission delegated Directive is also transposed

Page 24: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

24

by Member States by the same date, 19 April 2016, and that the national provisions start applying on 20 April 2016 as well.

Internal deadline for the Coordinators to propose an opposition to the delegated act: 27/11/2014 (written procedure)

Motion for resolution to be voted in Committee: 3-4/12/2014

Motion for a resolution to be voted in Plenary: 15-18/12/2014

Deadline for the Parliament to oppose the delegated act: 31/12/2014

Recommendation: No opposition.

B. REGULATORY PROCEDURE WITH SCRUTINY

The European Parliament has a right of objection within 3 months of submission of the draft measure for scrutiny (Comitology Decision, Article 5a).

B1. COMMISSION DECISION of XXX on the safety requirements to be met by

European standards for alcohol-powered flueless fireplaces pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety

The draft measure and the annex are available in all languages at \\Epadesres\comitologie\rps\2014\D036445-03

- Basic act: Directive 2001/95/EC of the European Parliament and of the Council on general product safety - Document: COM-AC_DRC(2014)D036445-03_EN.doc and COM-AC_DRC(2014)D036445-03(ANN1)_EN.doc

- Procedure: Regulatory with scrutiny (art. 5a par. 1-5) - Status: final draft; scrutiny period on-going - Summary: Products which conform to national standards transposing European standards drawn up under Directive 2001/95/EC and referenced in the Official Journal of the European Union benefit from a presumption of safety. European standards are to be drawn up on the basis of requirements intended to ensure that products which conform to them satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC. No European standards exist for alcohol-powered flueless fireplaces, although according to the existing studies various hazards are associated with them. The combustion of fuels in alcohol-powered flueless fireplaces may put human health at risk. If incomplete combustion occurs, carbon monoxide, a toxic compound, is formed. If complete combustion occurs, carbon dioxide is formed, which is hazardous to health and can lead to hyperventilation. Furthermore, the

Page 25: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

25

installation of flueless fireplaces does not require inspection by the relevant authorities. The Commission therefore deems it appropriate to determine the requirements needed to ensure that alcohol-powered flueless fireplaces satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC. In its Decision, th Commission defines 'alcohol-powered flueless fireplaces' and sets out, in the Annex to the Decision, specific safety requirements to be met by European standards pursuant to Article 4 of Directive 2001/95/EC. NB: This is the tenth version of this RPS measure, with the first version dating back to May 2012. Member States gave a positive opinion on the draft measure on 7 November 2014 based on a large majority (26 Member States in favour, one Member State against, one abstention).

Internal deadline for the Coordinators to propose an opposition to the draft measure: 13/12/2014

Motion for resolution to be voted in Committee: 21-22/01/2015

Motion for a resolution to be voted in Plenary: 9-12/02/2015

Deadline for the Parliament to oppose the draft measure: 20/02/2015

Recommendation: No opposition as it seems that 1) the Commission has not exceeded its implementing powers; 2) the draft measure is compatible with the aim or content of the basic act; 3) the draft measure respects the principles of subsidiarity and proportionality

C. IMPLEMENTING ACTS The European Parliament has a right of objection however the Commission, differently from the Comitology Decision provisions, is not obliged to wait one month before adopting an implementing act (Regulation (EU) No 182/2011 on Implementing Acts, Article 11). C1. COMMISSION IMPLEMENTING DECISION of XXX on a standardisation request to

the European standardisation organisations pursuant to Article 10(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council in support of implementation of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and combination heaters and Commission Delegated Regulation (EU) No 811/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of space heaters, combination heaters, packages of space heaters, temperature control and solar device and packages of combination heater, temperature control and solar device

Page 26: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

26

The implementing act is available (in EN, DE and FR) at \\Epadesres\comitologie\ros\2014\D036071-01 - Basic act: - Regulation (EU) No 1025/2012 of the European Parliament and of

the Council of 25 October 2012 on European standardisation

- Document: COM-AC_DR(2014)D036071-01_EN.pdf

- Procedure: Examination Procedure (art. 5, 6 and 7)

- Urgent: no - Summary: According to the Commission, the implementation of Directive

2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products ("Ecodesign Directive") can be supported by European standardisation. According to Articles 9 and 10 of the Ecodesign Directive, harmonised standards are to be used for the implementation of the Directive and the related delegated and implementing acts. This is also foreseen in point 2.1.4.3 of the annual Union work programme for European standardisation (COM(2013)561 final).

CEN and CENELEC are requested to develop harmonised standards, covering the requirements and incorporating the relevant measurement and calculation methods for space heaters, combination heaters, packages of space heater, temperature control and solar device and packages of combination heater, temperature control and solar device (electrically driven or using liquefied or gaseous fuels) set out in Commission Regulation (EU) 813/2013 and Commission Delegated Regulation (EU) 811/2013, which, respectively, implement and supplement the Ecodesign Directive and as indicated in the requested work programme given in Appendix I.

Internal deadline for the Coordinators to propose indicating that the measure has exceeded the Commission's implementing powers: 17/12/2014

Recommendation: No opposition, as the Commission has not exceeded its implementing powers.

C2. COMMISSION IMPLEMENTING DECISION of XXX on a standardisation request to

the European standardisation organisations pursuant to Article 10(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council in support of implementation of Commission Regulation (EU) No 814/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for water heaters and

Page 27: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

27

hot water storage tanks and Commission Delegated Regulation (EU) No 812/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device

The implementing act is available (in EN, DE and FR) on \\Epadesres\comitologie\ros\2014\D036072-01 - Basic act: - Regulation (EU) No 1025/2012 of the European Parliament and of

the Council of 25 October 2012 on European standardisation, Articles 10(1) and 10(2)

- Document: COM-AC_DR(2014)D036072-01_EN.pdf

- Procedure: Examination Procedure (art. 5, 6 and 7)

- Urgent: no - Summary: According to the Commission, the implementation of Directive

2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products ("Ecodesign Directive") can be supported by European standardisation. According to Articles 9 and 10 of the Ecodesign Directive, harmonised standards are to be used for the implementation of the Directive and the related delegated and implementing acts. This is also foreseen in point 2.1.4.3 of the annual Union work programme for European standardisation (COM(2013)561 final).

CEN and CENELEC are requested to develop harmonised standards, covering the requirements and relevant measurement and calculation methods set out in Commission Regulation (EU) No 814/2013 implementing the Ecodesign Directive and Commission Regulation (EU) No 812/2013 supplementing Directive 2010/30/EU2 and as indicated in the requested work programme given in Appendix I for water heaters, hot water storage tanks and for packages of water heater and solar device (electrically driven or using liquefied or gaseous fuels).

Internal deadline for the Coordinators to propose indicating that the measure has exceeded the Commission's implementing powers: 17/12/2014

2 Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of

water heaters, hot water storage tanks and packages of water heater and solar device, OJ L 239, 6.9.2013, p.

83.

Page 28: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

28

Recommendation: No opposition, as the Commission has not exceeded its implementing powers.

C3. COMMISSION IMPLEMENTING DECISION of XXX on a standardisation request to

the European standardisation organisations pursuant to Article 10(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council in support of the implementation of Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements on material efficiency aspects (recyclability, recoverability and reusability indexes, durability, reversible disassembly and end of life extraction time)

The implementing act is available (in EN, DE and FR) at \\Epadesres\comitologie\ros\2014\D036073-01 - Basic act: - Regulation (EU) No 1025/2012 of the European Parliament and of

the Council of 25 October 2012 on European standardisation, Articles 10(1) and 10(2)

- Document: COM-AC_DR(2014)D036073-01_EN.pdf

- Procedure: Examination Procedure (art. 5, 6 and 7)

- Urgent: no - Summary: According to the Commission, the implementation of Directive

2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products ("Ecodesign Directive") can be supported by European standardisation. According to Articles 9 and 10 of the Ecodesign Directive, harmonised standards are to be used for the implementation of the Directive and the related delegated and implementing acts. A standardisation request in support of Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing the Ecodesign Directive with regard to material efficiency aspects (recyclability, recoverability and reusability indexes, durability, reversible disassembly and end of life extraction time) is foreseen in the annual Union work programme for European standardisation (COM(2013)561 final).

To date, the implementation of the Ecodesign Directive has tended to focus on energy efficiency aspects. One of the reasons for the relative lack of ecodesign requirements related to material efficiency in the implementing measures adopted so far is the absence of adequate metrics. These include absence of technical specifications for the concepts such as reusability, recyclability, recoverability and indexes by mass and by environmental impact, product durability, reverse disassembly time and end of life dismantling time.

Page 29: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

29

The European standardisation organisations (CEN, CENELEC and ETSI) are being requested to draft European standards or European standardisation deliverables as set out in the Annex to this Decision and within the deadlines set out in Appendix I “Requested Work Programme”.

Internal deadline for the Coordinators to propose indicating that the measure has exceeded the Commission's implementing powers: 17/12/2014

Recommendation: No opposition, as the Commission has not exceeded its implementing powers.

C4. Draft Commission Implementing Decision of XXX on the publication of the

references of standard EN 15649-2:2009+A2:2013 for floating leisure articles for use on and in the water and of standard EN 957-6:2010+A1:2014 for stationary training equipment in the Official Journal of the European Union pursuant to Directive 2001/95/EC of the European Parliament and of the Council

The implementing act is available (in English only) at \\Epadesres\comitologie\ros\2014\D036444-02 - Basic act: Directive 2001/95/EC of the European Parliament and of the

Council of 3 December 2001 on general product safety

- Document: COM-AC_DR(2014)D036444-02_EN.doc

- Procedure: Examination Procedure (art. 5, 6 and 7)

- Urgent: no

- Summary: The draft Decision is intended to ensure the publication in the Official Journal of the European Union of a series of revised European standards for floating leisure articles for use on and in the water (EN 15649-2:2009+A2:2013), and for stationary training equipment (EN 957-6:2010+A1:2014), adopted by the European Committee for Standardization (CEN) in response to the Commission’s mandate issued in September 2005 and complying with the general safety requirement of Directive 2001/95/EC.

Internal deadline for the Coordinators to propose indicating that the draft measure has exceeded the Commission's implementing powers: 17/12/2014

Recommendation: No opposition, as the Commission has not exceeded its implementing powers.

Page 30: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

30

D. IMPLEMENTING ACTS BASED ON COUNCIL LEGISLATIVE ACTS - FOR INFO

Implementing acts having their legal basis in a legislative act of which the Council is the sole legislator – EP scrutiny

On 5 November 2014, Coordinators endorsed the Secretariat’s suggestion to include such draft implementing measures in the note for Coordinators in a simplified format for information purposes, without a detailed analysis of the content or a recommendation. However, when in doubt about the relevance of the draft implementing measures, a detailed analysis and a scrutiny recommendation will be provided.

Basic act: Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff

1. Draft proposal for a Commission Implementing Regulation concerning the classification in the Combined Nomenclature of a "Media server" (CN code 8525 60 00)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D036515-01

2. Draft proposal for a Commission Implementing Regulation concerning the

classification in the Combined Nomenclature of a "Fittings for central heating" (CN code 7307 93 19)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D036516-01

3. Draft proposal for a Commission Implementing Regulation concerning the

classification in the Combined Nomenclature of a "Remodelled cars" (CN code 8703 32 90)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D036518-01

4. Draft proposal for a Commission Implementing Regulation concerning the classification in the Combined Nomenclature of a "Utility vehicles" (CN code 8704 21 91)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D036519-01

Page 31: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

31

5. Draft proposal for a Commission Implementing Regulation concerning the classification in the Combined Nomenclature of "Cartridges for game consoles" (CN code 9504 50 00)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D036520-01

6. Draft proposal for a Commission Implementing Regulation concerning the classification in the Combined Nomenclature of "screws and implants - A" (CN code 8108 90 90)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035765-02

7. Draft proposal for a Commission Implementing Regulation concerning the

classification in the Combined Nomenclature of "screws and implants - B" (CN code 9021 10 90)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035766-02

8. Draft proposal for a Commission Implementing Regulation concerning the

classification in the Combined Nomenclature of a "screws and implants - C" (CN code 9021 90 90)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035767-01

9. Draft Commission Implementing Regulation concerning the classification of solar panels in the Combined Nomenclature (CN codes 8419 19 00)

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035807-02

10. Draft Commission Implementing Regulation concerning the classification of electrical filter in the Combined Nomenclature

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035888-02

11. Draft Commission Implementing Regulation concerning the classification of multimedia equipment in the Combined Nomenclature

Page 32: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

32

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035889-02

12. COMMISSION IMPLEMENTING REGULATION concerning the classification of certain goods in the Combined Nomenclature - dental adhesive

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035409-01

13. COMMISSION IMPLEMENTING REGULATION concerning the classification of certain goods in the Combined Nomenclature - Shirataki noodles

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035410-01

14. Explanatory Notes to the Combined Nomenclature of the European Union - Tobacco dust, tobacco powder, expanded tobacco

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035411-01

15. Draft IMPLEMENTING REGULATION of the Commission laying down the refractometry method of measuring dry soluble residue in products processed from fruit and vegetables for the purposes of their classification in the Combined Nomenclature

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035412-02

16. Draft IMPLEMENTING REGULATION of the Commission amending Additional note 1 to Chapter 8 and Additional notes 2 and 6 to Chapter 20 of the Combined Nomenclature - Refractometry notes

The draft implementing act is available at \\Epadesres\comitologie\info\2014\D035413-01

6.2 Expert Groups 6.2.1 eProcurement Demonstration of a pre-award solution from Germany – DG

MARKT, 29 October 2014 (JF)

The Commission services organised a presentation on the eProcurement system of the Federal Employment Agency of Germany, as an example of eProcurement

Page 33: Decisions by Coordinators on 3 December 2014€¦ · 5 4.2 Annual Reports of the Commission 2012 and 2013 Public Procurement Implementation Review - SWD(2012) 342 final and SWD(2014)

33

Best Practices. The event was structured in two parts: an outline of eProcurement regulation in Germany, followed by a live demonstration. This example was chosen in view of electronic procedures becoming mandatory in public tendering in 2016; and the system's coverage of all procurement phases -from preparation of the tender to final award and management of receipts.

6.2.2 Expert Group on Public Procurement for Transposition Assistance – 4 and 5

November 2014 (JF)

The Commission services organised an Expert Group meeting in order to provide assistance to the Member States regarding the transposition of the new Public Procurement Directives 2014/24 (‘Classic’) and 2014/25 ('Utilities'), as well 2014/23 (Concessions contracts). The most important provisions discussed were social considerations, subcontracting and the European Single Procurement Document.

6.2.3 Meeting of the Economic and Statistical Working Group on Public Procurement

– 12 November 2014 (JF)

The Commission services organised a full-day Meeting of the Economic and Statistical Working Group on Public Procurement (ESWG) aiming to inform national authorities on current challenges and proposed solutions on public procurement data collection, processing and analysis. The Commission services pinpointed the lack of transparency and the challenges of data collection in public procurement. For this purpose, the Commission services have launched a set of initiatives aiming to improve the quality of data collection, availability and reliability. These initiatives include the update of the standard forms for procurement notices, the comprehensive roll-out of e-procurement, and possibly a future study on corruption indicators in procurement.