Opinion of the European Economic and Social Committee on the "Draft Commission Regulation amending Regulation (EC) No. 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid" (OJ C 190, 12.8.2003)
Date: 2003-10-29
Institutions: European Economic and Social Committee
Subjects: ESC opinion, State aid, professional qualifications, vocational training

C 32/20

EN

Official Journal of the European Union

5.2.2004

Opinion of the European Economic and Social Committee on the ‘Draft Commission Regulation
amending Regulation (EC) No. 68/2001 on the application of Articles 87 and 88 of the EC Treaty
to training aid’ (1)

(2004/C 32/03)

On 3 June 2003 the Commission decided to consult the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing
the Committee’s work on the subject, adopted its opinion on 7 October 2003. The rapporteur was
Mr Wolf.

At its 403rd plenary session of 29 and 30 October 2003 (meeting of 29 October) the European Economic
and Social Committee adopted the following opinion by 122 votes to one with one abstention.

1.

Introduction

also incorporating the new definition of small and medium-
sized enterprises into the training aid exemption regulation.

1.1.
Articles 87 and 88 of the EC Treaty lay down the
general ban on aid and define the content and procedures of
the permissible exceptions to the general rule that state aid is
incompatible with the principles of the common market. In
this case we are concerned with a regulation exempting
training aid under certain conditions from the otherwise
applicable requirement for notification (‘exemption directive’).

This is dealt with in Regulation (EC) No 68/2001. The

1.2.
Commission draft amends this Regulation.

The reasons given by the Commission for preparation

1.3.
of the draft are as follows:

— further need for clarification, arising from accumulated
experience, with regard to aid granted before the Regu-
lation entered into force and without the Commission’s
authorisation; and

— the need to incorporate the new definition (2) of ‘small and
medium-sized enterprises’ adopted by the Commission;

— the desire to replace the specific reporting requirements
hitherto laid down in Annex III with a uniform, simplified
system of annual reporting.

2.2.
The Committee also welcomes the Commission’s inten-
tion of clarifying, concluding or definitively assessing as yet
unclarified and possibly still pending issues relating to aid
granted before the Regulation in question entered into force.
In the interests of legal certainty, however, it should be ensured
that the criteria applied are consistent with those which were
current or applicable at the time the measures to be assessed
were adopted (3), in the event that the criteria of the current
draft regulation do not lead to a more favourable outcome for
the parties concerned.

2.2.1.
The Committee therefore recommends that the final
subparagraph of Article 8(i)(a), which has been amplified by
comparison with Regulation (EC) No 68/2001, be clarified as
follows: ‘Any aid which does not fulfil the conditions of this
Regulation shall be assessed by the Commission in accordance
with the regulations, frameworks, guidelines, communications
and notices applicable at the time the notification was received,
in accordance with Article 88(3) of the EC Treaty, or, where
there has been no notification, at the time the measure was
carried out or the aid granted, in the event that the criteria of
the current draft regulation do not lead to a more favourable
outcome for the parties concerned’.

2. The Committee’s comments

The Committee is glad that the Commission, in the
2.1.
interests of transparency, simplification and legal certainty, is

2.3.
In the definition of small and medium-sized enter-
prises, microenterprises are for the first time listed as a separate
category. In view of the great economic importance of such

(1) OJ C 190, 12.8.2003.
(2) Commission Recommendation 2003/361/EC of 6 May 2003
concerning the definition of micro, small and medium-sized
enterprises, OJ L 124, 20.5.2003, p. 36, which will enter into
force in 2005.

(3) See also the Commission Notice on the determination of the
applicable rules for the assessment of unlawful state aid of
7.5.2002, OJ C 119, 22.5.2002, p. 22.

5.2.2004

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Official Journal of the European Union

C 32/21

microenterprises, the Committee recommends that in the
future policies of the Community and the Member States the
establishment of such microenterprises be facilitated (e.g. by
simplifying and reducing the preconditions) and, in general,
that still more account be taken of the specific operating
conditions of such enterprises.

3. Conclusion

The Committee recommends that the Commission draft be
approved subject to the comments set out in points 2.2 and
2.2.1 and that particular account be taken of the comment set
out in point 2.3 when adopting future measures.

Brussels, 29 October 2003.

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on:

— the ‘Communication from the Commission to the Council, the European Parliament, the
European Economic and Social Committee and the Committee of the Regions on enhancing
maritime transport security’, and

— the ‘Proposal for a Regulation of the European Parliament and of the Council on enhancing

ship and port facility security’

(COM(2003) 229 final — 2003/0089 (COD))

(2004/C 32/04)

On 2 May 2003 the European Commission decided to consult the European Economic and Social
Committee under Article 262 of the Treaty establishing the European Community, on the above-
mentioned communication.

On 26 May 2003 the Council decided to consult the European Economic and Social Committee under
Article 80 (2) of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 10 October 2003. The rapporteur
was Dr Bredima-Savopoulou.

At its 403rd plenary session of 29 and 30 October 2003 (meeting of 29 October) the European Economic
and Social Committee adopted the following opinion by 122 votes for and one against.

1.

Introduction

Following the 11 September 2001 terrorist attacks
1.1.
world safety and security have assumed a higher profile than
ever before and have been placed at the top of policy-makers’
priority lists. Subsequent events and action proved that the
war on terrorism is bound to last a long time.

proved by the Transport White Paper (1) which already referred
to the need to enhance the security of cruise ship passengers
in Europe.

1.3.
On 23 April 2002, in a letter from Ms Loyola de
Palacio, the Commission asked the European Economic and
Social Committee to draw up an exploratory opinion on the
the Treaty
Security of Transports, under Article 262 of
establishing the European Community.

1.2. Maritime security has been a matter of concern for the
European Community well before 11 September 2001, as

(1) COM(2001) 370 final, 12.9.2001.