ddrg/super_eurlex huggingface dataset:
Opinion on the proposal for a Council Directive amending Directive 77/388/EEC and introducing new simplification measures with regard to value added tax - scope of certain exemptions and practical arrangements for implementing them (1) (94/C 195/25)

On 30 March 1994 the Council decided to consult the Economic and Social Committee under Article 198 of the Treaty establishing the European Economic Community, on the abovementioned proposal.

Since the Council had set an extremely short deadline for the preparation of this Opinion, the Committee decided to apply the urgency procedure and to appoint Mr Richard Müller as Rapporteur-General (Article 46 of the Rules of Procedure).

At its 315th Plenary Session (meeting of 27 April 1994) the Economic and Social Committee adopted the following Opinion unanimously.

The Committee approves the proposal subject to the following comments:

1. The Committee notes that the aim of the proposal is to facilitate the application of the VAT system in the member countries of the Community. It trusts that this will lead to a real simplification of the system. This is important for improving the operation of the internal market and ensuring that firms can compete on equal terms.

2. The Committee would stress that any change to the Community's VAT system should help to make it as watertight as possible against the possibility of tax avoidance.

3. The Committee has doubts about the effectiveness of Article 1(4) and (7) regarding transactions carried out under warehousing arrangements other than customs. These provisions reflect the justified endeavours to decentralize (subsidiarity). However, because they are optional they do not guarantee a uniform solution. Furthermore, the proposed provisions will not bring about the requisite simplification of the VAT treatment of other chain transactions involving more than three entrepreneurs and the circulation of goods within the Community.

4. The Committee has doubts about the completeness of the rules laid down in Article 1(6) and Article 2 regarding certain goods shipments and ancillary services. The Council Decisions listed in Article 2 also contain simplification measures, which expire on 31 December 1994, in respect of certain work and moveable tangible property that have not been subject to processing within the Community. Because of the forthcoming expiry date the proposal should be expanded accordingly.

5. The Committee calls on the Commission to revise the provisions so that they really do simplify the system and make it transparent. If the proposed provisions are maintained, the Commission should keep a close watch on their application to ensure that they do not increase the burdens on firms and persons liable to pay VAT, and that the suspicion regarding tax avoidance referred to in point 2 is not borne out.

Done at Brussels, 27 April 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN

(1) OJ No C 107, 15. 4. 1994, p. 7.
Opinion on the proposal for a Council Regulation (EC) amending Council Regulation (EC) No 603/95 on the common organization of the market in dried fodder () (95/C 236/20)

On 10 April 1995, the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 4 May 1995. The Rapporteur was Mr Strasser.

At its 326th Plenary Session (meeting of 31 May), the Economic and Social Committee adopted the following Opinion unanimously.

1. The purpose of the proposed Council Regulation is to establish national guaranteed quantities (NGQs) of dried fodder for Austria, Finland and Sweden in accordance with the same procedure as for the other Member States and to adjust accordingly the maximum guaranteed quantities (MGQs) for the Community as a whole.

The NGQs for the Union of the Twelve's members were established on the basis of the data available to the Commission in July 1994, by taking into account their average dried fodder production in the marketing years 1992/93 and 1993/94 for which aid was received under Article 5(2), first subparagraph of Regulation (EEC) No 1117/78.

Austria, Sweden and Finland also produce dried fodder, for which aid can be granted in accordance with the common organization of the market in dried fodder. However, this requires the establishment of NGQs. The Commission has based the NGQs for the new Member States on their average dried fodder production in the calendar years 1992 and 1993. The proposed quantities are as follows:

- Sweden: 11,000 tonnes - Finland: 3,000 tonnes - Austria: 4,400 tonnes.

2. The Committee essentially endorses the Commission proposal (for a Council Regulation). Nevertheless, it notes that, whilst the Austrian NGQ for dried fodder largely satisfies the production requirements, the same cannot be said of Finland and Sweden, both of which produced considerably more artificially dried fodder in the years preceding the reference period. Weather conditions in those countries caused output to fall in 1992 and 1993 below the long-term average. The amount of 6,000 tonnes recently applied for by Finland would allow at least one drying plant to be used to capacity. Sweden applied for an NGQ of 15,000 tonnes. The Committee therefore calls on the Council to re-examine the Commission proposal in respect of the Finnish and Swedish NGQs. In this connection, it should be borne in mind that aid granted pursuant to Regulation (EC) No 603/95 represents an important contribution to the preservation of grassland farming - particularly in areas where there is virtually no alternative to this activity.

Done at Brussels, 31 May 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 79, 31. 3. 1995, p. 7.
Opinion on the proposal for a European Parliament and Council Directive amending Council Directive 79/581/EEC on consumer protection in the indication of the prices of foodstuffs as amended by Council Directive 88/315/EEC and Council Directive 88/314/EEC on consumer protection in the indication of the prices of non-food products ()

(95/C 155/02)

On 19 January 1995 the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 4 April 1995. The Rapporteur was Mr Regaldo.

At its 325th Plenary Session (meeting of 27 April 1995), the Economic and Social Committee adopted the following Opinion by a large majority vote with four abstentions.

1. Foreword

1.1. Two Directives are due to start applying from 6 June 1995. They are: Directive 79/381/EEC as amended by Directive 88/315/EEC on consumer protection in the indication of the prices of foodstuffs, and Directive 88/314/EEC on consumer protection in the indication of the prices of non-food products. However, many Member States of the EU have not yet fully implemented these Directives in their national legislation. If, indeed, the Directives were to be enacted on 6 June 1995, many Member States would be subject to sanctions.

1.2. Hence the Commission considers it necessary to postpone the date of application of the price indication Directives by a further four years, because of the difficulties of actual implementation on the ground.

1.3. However, the Commission insists that it will put forward a new simplified Directive that will bridge the differences among Member States arising from their differing evaluations of the above mentioned Directives.

2. Comments

2.1. The Committee accepts the proposal of the Commission to postpone the date of application of the Directives by a further four years from 6 June 1995, to 6 June 1999.

2.2. The Committee insists that this date must be the final and last one, and herewith declares that it will not give its consent to any further postponement beyond this date.

2.3. The Committee therefore hopes that the Commission's difficulties are resolved rapidly and urges the Commission to propose very soon a new, generally acceptable text for the Committee's Opinion.

Done at Brussels, 27 April 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 377, 31. 12. 1994, p. 16.
Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending for the third time Directive 88/344/CEE on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients` (97/C 66/02)

On 17 October 1996 the Council decided to consult the Economic and Social Committee, under Article 100 a of the Treaty establishing the European Economic Community, on the above-mentioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 November 1996. The rapporteur was Mr Gardner, co-rapporteurs were Mr Colombo and Mrs Davison.

At its 340th Plenary Session (meeting of 27 November 1996), the Economic and Social Committee adopted, by 97 votes to three, with two abstentions, the following opinion.

1. Introduction

1.1. It is proposed that technical aspects of permitted solvents can be amended by Committee procedure. These technical aspects are limited to the use, conditions of use and maximum residues.

1.2. Two solvents included in Directive 88/344/EEC are proposed for deletion, because no toxicological data has been submitted by industry to the Scientific Committee for Food (SCF).

1.3. The residues of hexane in oils and fats produced by using this solvent are reduced from 5 mg/kg to 1 mg/kg because technical advances now permit determination of hexane at this lower level.

1.4. The addition of a new solvent is proposed which has been accepted by SCF for extraction of flavours. The residues of 1,1,1,2-tetrafluoroethane in flavours extracted from herbs and spices are extremely low. The solvent will be used in an ambient temperature process, thereby protecting the delicate flavours. This compound has a long history of use as a propellant gas for asthma inhalers.

2. General comments

The Committee approves the proposal.

3. Detailed comments

3.1. Article 1.1

3.1.1. This will enable technical amendments only, to be made by a Committee procedure rather than passing through a new Council directive for each amendment. The present procedure for amendment by a Council and Parliament directive is extremely time-consuming and is becoming increasingly difficult. A Committee procedure allows for timely application of technical changes following evaluations by the SCF.

3.1.2. On the other hand, the Committee procedure does not involve the citizens adequately. On balance, the Committee accepts the committee procedure, proposed by the Commission, but insists on prior consultation of the various socio-economic partners represented on the Advisory Committee for Food.

3.1.3. It must be emphasized that this amendment relates only to technical changes.

4. Article 1.2

The deletions and additions are in line with the findings of the Scientific Committee for Food and present needs of users.

Brussels, 27 November 1996.

The President of the Economic and Social Committee

Tom JENKINS
Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Council Directive 97/12/EC of 17 March 1997 amending and updating Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine` () (98/C 407/41)

On 4 September 1998 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 23 July 1998 (rapporteur: Cornelius Scully).

At its 357th plenary session (meeting of 9 September 1998), the Economic and Social Committee adopted the following opinion by 112 votes to two, with four abstentions.

The objective of this proposal is to allow adequate time for transposing the new rules for monitoring and surveillance of bovine tuberculosis, bovine brucellosis and enzootic bovine leukosis.

The Committee endorses the proposal unreservedly.

Brussels, 9 September 1998.

The President of the Economic and Social Committee

Tom JENKINS

() OJ C 217, 11.7.1998, p. 21.
Opinion of the Economic and Social Committee on the "Proposal for a Council Regulation amending for the fourth time Regulation (EC) No 1626/94 laying down certain technical measures for the conservation of fishery resources in the Mediterranean and for the fourth time Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms"

(2000/C 75/04)

On 18 January 2000 the Council decided to consult the Economic and Social Committee, under Article 37 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 12 January 2000. The rapporteur was Mr E. Chagas.

At its 369th plenary session (meeting of 26 January 2000), the Economic and Social Committee adopted the following opinion by 113 votes to 1 with 3 abstentions.

1. Introduction

1.1. In Regulation (EC) 1626/94(1) and Regulation (EC) 850/98(2), the Council adopted a number of technical measures to protect fishery resources in the Mediterranean and juveniles of marine organisms.

1.2. The International Commission for the Conservation of Atlantic Tunas (ICCAT) has recommended certain technical measures, as a consequence of which the Community, as a member of the organisation and bound by its recommendations, must amend the regulations in question.

2. General comments

2.1. The Committee approves the proposal.

2.2. The purpose of this fourth amendment is to prohibit the landing of bluefin tuna of age 0 weighing less than 3,2 kg, instead of the previous 1,8 kg, in accordance with the scientific recommendation adopted by the 11th extraordinary session of the ICCAT.

2.2.1. The draft amendment also proposes new wording for Article 3a, paragraph 1, of Regulation 1626/94, modifying the current periods in which Community fishing with encircling nets (purse seines) in the Mediterranean is forbidden.

2.2.2. This measure has also been adopted by the General Fisheries Council for the Mediterranean (GFCM). It is therefore hoped that all the third countries operating in the Mediterranean will comply with these prohibition periods, in order to prevent excessive pressure on bluefin tuna.

Brussels, 26 January 2000.

The President

of the Economic and Social Committee

Beatrice Rangoni Machiavelli

(1) OJ L 171, 6.7.1994, as last amended by Regulation 782/98, in OJ L 113.

(2) OJ L 125, 27.4.1998.
Opinion of the Economic and Social Committee on the "Proposal for a Council Directive on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (codified version)"

(2000/C 367/06)

On 23 June 2000 the Council decided to consult the Economic and Social Committee, under Article 94 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 12 September 2000. The rapporteur was Mr Liverani.

At its 375th plenary session (meeting of 20 September 2000), the Economic and Social Committee adopted the following opinion by 104 votes to 0 with 6 abstentions.

1. Introduction

1.1. Legislative codification is one of the objectives that the Commission has set itself in the context of a people's Europe, with a view to making Community law clearer and more accessible to the ordinary citizen.

1.2. The Presidency Conclusions of the Edinburgh European Council confirmed this objective, stressing the importance of legislative codification as it offers certainty as to the law applicable to a given matter at a given time.

1.3. The purpose of the proposal is to undertake official codification of this type.

1.4. The new directive will supersede the various directives incorporated in it, on which the Committee issued opinions at the appropriate time(1); their content is fully preserved, and they are brought together with only such formal amendments as are required by the codification exercise itself.

2. General comments

2.1. The Economic and Social Committee welcomes the proposal by the Commission.

2.2. It agrees that Community law must be made more accessible and clearer to citizens.

2.3. Greater clarity and transparency of Community law will make it easier to interpret properly, and will help ensure the necessary legal certainty.

2.4. The ESC therefore takes a positive view of the proposal for the codification of Council Directive 77/187/EEC.

2.5. The codification concerns a number of formal aspects of the texts only, with no implications for their content which remains unchanged.

The Committee hopes that in the event of subsequent and repeated proceedings before the Court of Justice of the European Communities, the Commission will make any necessary amendments to the directive.

Brussels, 20 September 2000.

The President

of the Economic and Social Committee

Beatrice Rangoni Machiavelli

(1) Council Directive 77/187/EEC (OJ L 61, 5.3.1977, p. 26); ESC Opinion of 23.4.1975 (OJ C 255, 7.11.1975, p.25); Council Directive 98/50/EC (OJ L 201, 17.7.1998, p. 88); ESC Opinion of 29.3.1995 (OJ C 133, 31.5.1995, p. 13).
3.

The EESC believes that the current situation requires the EU to develop safe humanitarian corridors for refugees from countries affected by wars and threatened by terrorism and to do this together with the countries where these refugees are mostly concentrated. Beyond that we must establish a truly common European asylum system based on harmonised procedures throughout the EU. This includes uniform asylum status and mutual recognition of asylum decisions, shared responsibility and solidarity and efforts with respect to relocation and resettlement, and a revised Dublin Regulation. In addition, there is a need for robust, solidarity-based systems of burden-sharing, in which a permanent, fair and binding system for allocating those seeking protection between all EU countries would be the first step. Due to the exceptional circumstances and in line with the Stability and Growth Pact, the additional costs of hosting refugees should not, after the thorough examination, be recognised in the public deficits of the Member States.
Opinion of the Committee of the Regions on the "Proposal for a Council Decision modifying Decision 1999/311/EC of 29 April 1999 adopting the third phase of the trans-European cooperation scheme for higher education (Tempus III)"

(2000/C 317/09)

THE COMMITTEE OF THE REGIONS,

having regard to the proposal for a Council Decision modifying Decision 1999/311/EC of 29 April 1999 adopting the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006) (COM(2000) 184 final - 2000/0074 (CNS));

having regard to the Council decision of 5 May 2000 to consult it on this subject, in accordance with the first paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision of its president of 12 May 2000 appointing Mrs Morsblech 9D/ELDR as rapporteur-general, in accordance with Rule 40(2) of its Rules of Procedure;

having regard to the opinion of the Committee of the Regions on the proposal for a Council decision adopting the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006) (COM(1998) 454 final) (CdR 301/98 fin)(1),

unanimously adopted the following opinion at its 34th plenary session of 14 and 15 June 2000 (meeting of 14 June).

The Committee of the Regions

1. reaffirms its view that the Tempus higher education programme is to be seen as a reflection of the European Union's political commitment to cooperation and dialogue with the countries of central and eastern Europe and that within the framework of that cooperation priority is to be given to education and training and to human resource development, which are also excellent topics for regional cooperation;

2. appreciates and expressly acknowledges the moves towards democracy in the Republic of Croatia, as reflected in particular in the parliamentary and presidential elections at the beginning of 2000, and sees this as a development which successfully brings Croatia closer to the EU;

3. welcomes the fact that the Council of Ministers also acknowledges developments in Croatia and has called for closer cooperation between the EU and Croatia and, above all, for the admission of Croatia to the Tempus programme;

4. thinks that because democratic structures in Croatia have been consolidated, conditions are now in place for Croatia to participate in the Tempus programme;

5. regards the development of systems of higher education, the development and overhaul of curricula and the development of vocational training as important areas where the EU, with the aid of the Tempus programme, can provide an important impetus in support of Croatia's development;

6. therefore expressly supports the proposal for a Council Decision modifying the list of countries eligible for support under the Tempus programme;

7. sees no reason at present, however, to extend Tempus beyond Croatia to other non-associated countries in the region.

Brussels, 14 June 2000.

The President

Of the Committee of the Regions

Jos Chabert

(1) OJ C51, 22.2.1999, p. 86.
35.

believes that local and regional authorities respond quickly and effectively to the impact of restructuring in employment such as redundancies which result from manufacturing plant closures. They have the knowledge and experience to develop projects funded by European Social Fund etc to retrain, advice, and upgrade skills of affected workers so that skills can be linked to new jobs being created. Similarly the EU Globalisation Adjustment Fund should also be available to local and regional authorities to react and provide re-training and re-skilling. The loss of a major employer has long term effects on the local community including young peoples' skills and employment prospects, a resulting derelict site, and impact on local suppliers of goods and services. Partnership working is key to responding to these challenges so that all organisations including local and regional authorities, public employment and skills agencies, trade unions, community groups and industry bodies can coordinate their activity to ensure that resources are being targeted effectively;
Victims shall be granted the necessary assistance and support by Member States in the framework of criminal proceedings, to enable them to recover and escape from the influence of the perpetrators, including by providing them with secure accommodation and material assistance, necessary medical treatment including psychological assistance, counselling and information, assistance to enable their rights and interests to be presented and considered in criminal proceedings, and translation and interpretation services where appropriate. Member States shall attend to the special needs of the most vulnerable.

Victims shall be granted the necessary assistance and support by Member States in the framework of criminal proceedings, to enable Member States shall attend to the special needs of the most vulnerable.