Uwagi do aktu o jednolitym rynku
2011-01-10
On 27 October, the European Commission adopted a communication entitled: "Towards a single Market Act for a highly competitive social market economy".
This document sets out 50 proposals to be put in place by 2012 in order to ensure that the Single Market serves both the economy and citizens. The Commission is at the same time launching a four-month period of public debate inviting stakeholders to comment on the measures announced.
The deadline for submissions is 28 February 2011.
The document is divided into 3 main sections:
- Chapter 1 on "strong, sustainable and equitable growth for business", with 24 proposals, addressing businesses' and SMEs' concerns.
- Chapter 2 on "restoring confidence by putting Europeans at the heart of the single market", with 19 proposals, addressing obstacles encountered by citizens and consumers.
- Chapter 3 on "dialogue, partnership and evaluation" with 7 proposals setting: the keys to good governance of the single market.
Preliminary assessment prepared by BUSINESSEUROPE. Lewiatan sent its remarks to it.
BUSINESSEUROPE supports the objectives of most proposals announced in the Single Market Act. However, for some initiatives much will depend on the content of the measures envisaged.
The main critical elements in the announced proposals identified so far are:
- Automatic extension of the scope of standardisation procedures from goods to services. BUSINESSEUROPE believes that standards should be market-driven, voluntary and international as far as possible. New standardisation projects should not be launched until the need for and feasibility of such standards in each service sector has been identified.
PKPP Lewiatan very much supports the idea that standardisation is an instrument of promotion of high quality offers. Thanks to standardisation the European business will be able to strengthen its competitive position. However it is important that new standardisation initiatives should be a response to actual market needs.
- Revision of the public procurement directives. Public procurement can support innovative and green growth within the current legal framework.
It appears that the proposition calls for exceptional caution. New legislative proposals should allow support for innovative and green procurement, but should not force procurement authorities to exceed level of innovation and ecological aspects that is actually required by law.
One should realize, that public procurement should not replace state aid. State aid is subject to detailed scrutiny, whereas public procurement is managed by particular authorities.
- A legislative initiative on services concessions. New legislative action on services concessions is unnecessary. BUSINESSEUROPE believes that transparency in concession contracts is key and should therefore be subject to mandatory publication in the Official Journal of the EU above certain thresholds.
Lewiatan firmly opposes new directive on concessions. Currently concessions must be advertised in the Official Journal of the European Union, which is sufficient. It is highly unlikely that the European Commission would devise anything but replicate current public procurement directives.
Conditions to award a concession are much more locally specific and affected then simple public procurement. Therefore general requirement of open, competitive procedure with Europe-wide advertisement are absolutely sufficient. Unlike procurement, concessions are to a large extent dependant on local financial environment.
- Instead of proposing to insert a "social clause" in all relevant Single Market legislation, as was the case in previous drafts, the Commission now suggests to conduct an in-depth analysis of the social impact of all proposed legislation concerning the single market. Its aim is to ensure that the rights guaranteed in the Charter of Fundamental rights, including the right to take collective action, are taken into account. Social partners should in any case be consulted on future initiatives in this area.
Lewiatan supports BUSINESSEUROPE's actions on this field. We oppose any supplementary measures to ensure the right to strike which would have major consequences on the scope of EU competences in the field of social affairs as well as on national industrial relations systems. In this respect we are glad that the final text takes into account view that no further EU action on the right to strike is necessary, given the fact that this right is protected by the EU Fundamental Rights Charter. Lewiatan believes that the idea to conduct an in-depth analysis of the social impact of all proposed legislation is better than a solution to insert a "social clause" in all relevant Single Market legislation. We do agree that Social partners should be consulted on future initiatives in this area.
- Posting of workers: while BUSINESSEUROPE welcomes the adoption of a legislative proposal to ensure better implementation of the Posting of Workers Directive, this proposal should focus on enforcement without reopening a debate on the working conditions applying to posted workers.
Lewiatan is against any changes in the directive. We believe that BUSINESSEUROPE should send a clear and strong message as it comes to any proposal of changes in those regulations. However we agree that the European Commission should check how the directive is implemented and take actions to support member states in it, if necessary.
- While BUSINESSEUROPE supports the commitment to submit proposals aimed at improving and prompting effective non-judicial tools like Alternative Dispute Resolution (ADRs), we have concerns about the reference to the outcome of the upcoming consultation on collective redress.
PKPP Lewiatan totally supports BUSINESSEUROPE position in this scope. We are against common regulation on collective redress and are of the opinion that we should promote non-judicial tools like Alternative Dispute Resolution (ADRs).
Source: BUSINESSEUROPE, PKPP Lewiatan
