Publications Archive

The Commission proposes two options for reviewing the Working Time Directive and invites the social partners to express whether and which issues they would wish to negotiate. The Commission intends to revise at least the provisions on on-call time and compensatory rest for on-call time (option 1). These revisions are anyway required by the ECJ’s ruling. The second option provides for a comprehensive revision of the Working Time Directive. The Commission aspires to increase flexibility in working time. Moreover, rules on the “work-life balance”, the “opt-out”, paid annual leave and individual sector-specific issues are to be reviewed.

According to the Commission’s proposals “PNR data” of passengers travelling from or to third countries are to be collected by air carriers during the passengers’ flight booking procedure and must be transferred to Member States’ authorities. The Directive regulates data processing (collection, retention and analysis) through national authorities, the data exchange between Member States and the data transfer to third countries.

Citizens, organisations and authorities may comment on the Green Paper and its 114 concrete questions within a consultation procedure. The Commission wishes to reform the tools and methods of public procurement in order to improve teh process and to increase the efficiency of public spending. In future, public procurement is to take into account “policy objectives”, such as the promotion of innovation.

To date, the “Unisex Directive“ (2004/113/EC) allowed for sex-differentiated insurance premiums and benefits “where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial and statistical data”. On 1 March 2011, the European Court of Justice held that this was not in line with the EU Charter of Fundamental Rights.

Research and development agreements can stipulate provisions on the partial outsourcing of R&D activities, R&D co-operations or the common distribution and marketing of jointly developed products. Thus they can increase efficiency, lower costs and intensify the exchange of ideas and experience. The revised version of the Block Exemption Regulation for research & development agreements provides for a new exemption condition, namely that, prior to starting an R&D, all parties must disclose their existing and pending rights in intellectual property. Moreover, the Commission extends the scope of “hardcore restrictions” for both, the passive and active distribution.

Since 2005 the framework of EU emission trading system (ETS) allows for certain stationary installations (e.g. for power and heat supply, for metal production and processing, for paper production and for the chemical industry) and, as of 2012, air traffic  may emit greenhouse gases only if the operators possess the according allowances. Pursuant to the ETS Directive as of 2012 Member States must auction all allowances for aviation and as of 2013 for stationary installations which are not allocated free of charge. The submitted Regulation Draft affects the timing, administration and other aspects of auctioning of these greenhouse gas emission allowances.

In its Green Paper „Adequate, sustainable and safe European pension systems”, published on 7 July 2010, the Commission addresses all the challenges that pay-as-you-go and funded pension schemes are facing. With regard to the pay-as-you-go – usually public – systems, the Commission sees urgent need for action in order to tackle demographic change. Regarding funded systems, the Commission manly calls for EU-wide, harmonised regulation and supervision. The Commission’s aim is to improve the sustainability and security of pension systems. Furthermore, the Commission is considering whether or not it should define “when” pension is adequate.

The EU is to be entitled to monitor and avoid “macroeconomic imbalances” in and between Member States. Furthermore, it is to be entitled to carry out a “thematic surveillance“ in order to ensure that Member States comply with the “Europe 2020 targets”. A reform of the Stability and Growth Pact is to safeguard that Member States consolidate their state budgets sufficiently. In addition, the EU is to be entitled to coordinate the economic policies in Member States. To this end, a “European Semester” is to be established.

Pursuant to the Waste Framework Directive, the Commission is obliged to evaluate the management of bio-waste and, where necessary, to make proposals for action. According to the Commission, the existing EU waste legislation is adequate, but poorly implemented in several Member States. To this end, such Member States are to receive EU subsidies. Moreover, the Commission assesses whether or not minimum requirements for the management of bio-waste and quality standards for compost and digestate from bio-waste should be set.

The Commission expects a dramatic increase in public spending for pension, healthcare and the care of elderly people within Member States by 2060. Therefore, it is urging for necessary structural reforms of social insurance systems. Furthermore, it promotes higher education budgets and target-oriented measures to activate the job market.