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Topic: Minimum harmonisation

Ads by Google      House of Commons - European Scrutiny - Twenty-Sixth Report In our view, any harmonisation of criminal procedure should be limited to achieving such minimum standards as are necessary to secure mutual recognition of judgments and decisions in particular cases, and should complement the existing procedural guarantees provided by the European Convention on Human Rights. Finally, provision is made for "progressively adopting measures establishing minimum rules relating to the constituent elements of criminal acts and to penalties in the fields of organised crime, terrorism and illicit drug trafficking". We note that some of our witnesses supported the adoption of minimum procedural standards, but we do not consider there is sufficient justification for any generalised harmonisation of rules of criminal procedure in the EU. http://www.parliament.the-stationery-office.co.uk/pa/cm200203/cmselect/cmeuleg/63-xxvi/6306.htm      German Law Journal - Coherence and Consistency in European Consumer Contract Law: a Progress Report The European ... However, the harmonisation measures have to be transposed into the Member States' general private law, thus prescribing a certain level of consumer protection both in purely national cases and in those cases obviously involving the "passive" consumer. He is protected by harmonisation measures guaranteeing a high level of consumer protection under all Member States' private laws, and moreover by information obligations with regard to consumer rights afforded to him by the applicable law. 3 sentence 1 limits the choice of law to the laws of the Member States in order to ensure that the minimum protection of the European consumer directives be guaranteed in all cases where European courts have jurisdiction. http://www.germanlawjournal.com/print.php?id=266      A Concise Encyclopedia of the European Union --T-- In the general perception, the Community 's right to intervene in tax matters is restricted under the Treaty of Rome to harmonisation of indirect taxes such as VAT and excise duties (from which source the EU also collects most of its own budgetary funding). To that end the role of Europol was strengthened, perhaps foreshadowing its emergence as a European FBI, and there was wording suggestive of an incipient harmonisation of criminal law, a matter of particular concern to the UK with its unique common law safeguards. The Maastricht Treaty was amended to permit Community-level action against organised crime and EU fraud. http://www.euro-know.org/dictionary/t.html      Fountain Court Chambers Concerns that the European Parliament might opt for a minimum harmonisation approach, to the detriment of suppliers located in the more highly regulated jurisdictions like the United Kingdom, were not realised. The European Parliament endorsed the maximum harmonisation approach favoured by the European Commission in its proposal of 14 October 1998 and proposed a raft of amendments, most of which are to be welcomed. Clarification as to the acceptability of electronic means of communicating contractual terms is welcome, but the terms of this acceptance are still rather grudging. http://www.fountaincourt.co.uk/publications/pr_finservices_article1.htm      Tampere Assessment June 04 The level of harmonisation achieved is lower than what had been envisaged in 1999 and insufficient for the interests of both Member States and refugees, in terms of improving burden-sharing and creating more equitable access to protection across the EU. Though exemptions can be implemented for persons admitted to the territory of a Member State as part of a temporary protection programme, wider exemptions from visa requirements are clearly necessary for persons fleeing countries where there are civil wars or systematic abuses of human rights, to enable them to gain access to Europe legally. Notably the Qualification Directive, which defines who falls under the definition of a refugee and what minimum rights and benefits they are entitled to, introduces an express obligation for Member States to grant asylum to individuals who fall under Article 1A of the 1951 Refugee Convention. http://www.ecre.org/positions/Tampere_June_04.shtml      Harmonisation of alcohol duty discussed again Furthermore, the Commission said that “most Member States agree to this but there is no agreement on what the level of the minimum rates should be”. “However, some of the other Member States would require any changes to the minimum rates to be made conditional upon the introduction of a positive minimum excise duty rate for wine. But the Commission is more concerned with the issue of smuggling – i.e. http://www.foodanddrinkeurope.com/news/ng-nocache.asp?id=52444      Harmonisation In the first period, proposals were based on a single legal base, in most cases the reserve article. In the initial years, especially before the Single European Act, most of the directives containing rules to restrict emissions from stationary sources were adopted on a double legal base. Therefore, on the level of choice of legal base there certainly was a wide gap between European environmental policy with regard to stationary sources and the policy advise from welfare economics in the period running from 1972 till the adoption of the Single European Act in 1987. http://harmonisation.pagenic.nl/engels.html      German Law Journal - (Conflict) Principles of European (Consumer) Contract Law – an Update While the Directive contains no minimum harmonisation clause, which would allow Member States to provide for a higher level of protection in the harmonised fields, proposed Art. Why, for example, is the Commission promoting two directives at the same time, where one (Consumer Credit) entails an explicit full harmonisation clause without the corresponding conflict rule (Home State principle), while the other (Unfair Commercial Practices) contains an Internal market conflict rule (Home State principle) but no explicit full harmonisation clause? These amendments may be taken as a symbol for the deep disregard with a "full harmonisation"-approach in consumer issues, not only within the Member States represented by the Council, but even in the usually more integration friendly European Parliament. http://www.germanlawjournal.com/article.php?id=483      FindLaw: Cagdas Ergun Law - Secondary Files: Disclaimer: EC Company Law For this purpose, it is inevitable to require all companies that are subject to the jurisdiction of the Member States, to fulfil a minimum set of common obligations. A large majority of respondents were in favour of the establishment of a Community legal framework permitting in particular cross-border mergers and cross-border transfer of seat without any change of legal personality, provided that such transfers, like mergers, could be fiscally neutral. However, its suitability to be used as a means of harmonisation, particularly in Company law area, is a questionable issue. http://firms.findlaw.com/KAYNAKLAR/affiliate9.htm      [No title] Nevertheless, EMOTA doubts that the proposed text would achieve the level of harmonisation claimed because it is not clear whether Member States will be able to make use of the minimum clauses of other directives and because of the different national interpretation of the concepts used when defining a general clause. The general clause is too vague and this together with its free-standing status may lead to divergent national interpretations, which would be against the objectives of legal certainty and harmonisation. The different interpretation and application of the provisions in the different Member States will result in legal uncertainty for companies and the objective of approximation of the laws at Community level will not be achieved. http://www.emota-aevpc.org/includes/print.asp?ID=434      Contents The Single Market gives the European Court of Justice the means to, and EMU will, end the UK’s autonomy in company tax matters. The role of the European Court of Justice and the European Central Bank will make British control over tax policy, and therefore low British taxation, a thing of the past. The expanding influence of both the European Court of Justice (made supreme under Article 35 of the Amsterdam Treaty) and the European Central Bank will reduce the British electorate’s control of UK tax policy. http://www.europeanfoundation.org/pubs/books/moving.htm      ECRE Speeches - How to Safeguard Refugee Protection in the Process of European Harmonisation At present several member states not only deny asylum seekers access to the means to secure legal advice and representation but also limit their freedom of residence, limit social security payments, limit access to other than emergency health care and access to education. We believe that any future instrument developed to harmonise temporary protection must ensure that it respects the 1951 convention in particular with regard to granting access to determination procedures. The future directive must ensure that all procedures including accelerated procedures respect the minimum standards for fair and efficient asylum procedures under international law which are described in the proposal. http://www.ecre.org/speeches/safeguard.shtml      [No title] These should include indications of responsibility in the case of loss, theft, or counterfeiting of the credit card, both before and after notification by the consumer. Member states would not be able to take any initiative to introduce stricter rules, to respond to new forms of sales promotions or to changes in the market place. Our demands: The Council common position adopted in December 2001 does not provide everything we would have wished for but foresees that as long as gaps remain in Community legislation, member states can maintain or adopt stricter standards. http://www.euractiv.com/ndbtext/general/beucmemo_denmark.doc      [No title] By judgment of 21 April 1998, which was received at the Court on 29 April 1998, the Tribunal de Grande Instance (Regional Court) de Foix referred to the Court Having established that the French legislation adopted in accordance with Directives 92/83 and 92/84 had the result that beer was taxed significantly higher than wine, the national court decided to stay the proceedings and refer the following question to the Court of Justice for a preliminary ruling: REFERENCE to the Court under Article 234 EC (ex Article 177) by the Tribunal de Grande Instance de Foix, France, for a preliminary ruling in the proceedings pending before that court between http://curia.eu.int/jurisp/cgi-bin/gettext.pl?lang=en&num=80009382C19980166&doc=T&ouvert=T&seance=ARRET&where=()      Tax Robin Cook, the Foreign Secretary, argued that the United Kingdom should be able to block any controversial proposals through consensus and by winning support from other countries, rather than by confrontation. The Court is a bigger driver towards tax harmonisation than anything proposed by the European Commission. Francis Maude claimed that the Treasury's approach to a proposed European Union directive proves that Labour is willing to transfer tax powers to Brussels. http://www.kc3.co.uk/~dt/tax.htm      [No title] - Between Minimum Harmonisation, Mutual Recognition, Conflict of Laws, and Uniform Law, in: Grundmann / Stuyck ed., An Academic Green Paper on European Contract Law, Kluwer Law International (2002) 103-130 Community legislation continued: Complete harmonization, framework legislation or non-binding measures - Alternative approaches to European contract law, 13 European Business Law Review (2002) 557-582 Additional Measures Needed to Really Levelling the Playing Field: Continuing Contract Law Harmonisation under the White Paper of 1985? http://www.cisg.law.pace.edu/cisg/biblio/alpha03.html      EUROPEAN PARLIAMENT FACT SHEETS - 3.4.6. Excise duties: alcohol and tobacco On tobacco products, the opinion adopted by Parliament accepted the initial fixing of minimum rates only, but stated that the various taxes "should be approximated stage by stage with a view to achieving single target rates". Parliament also called for the 1994 review to fix, for each category, "a rate of excise duty proportional to the alcoholic strength", with the final objective of reaching two rates per unit of alcohol: one for beverages with less than 15% alcohol content, and another for those above. Instead of single, harmonised rates there would be minimum rates and target rates, on which there would be long-term convergence. http://www.europarl.eu.int/factsheets/3_4_6_en.htm      Council adopts tobacco tax harmonisation proposal Member States have set the fixed amount at a level of 60 Euros as from 1 July 2002 (10 Euros lower than recommended in the Commission's proposal). Strict state aid rules may clash with drive for competitiveness Current EU rules require that the total excise duties on cigarettes should amount to at least 57% of the retail price for the most popular category. http://www.euractiv.com/cgi-bin/cgint.exe/242347-437?1100=1&204&OIDN=1502960      Taxes on Tobacco in the EU In March 1992 the European Parliament adopted a position which left the Member States the choice of complying either with the 57 % rule or with a minimum cash level of excise duty on cigarettes in the most popular price category of no less than 35 ecu per 1000 cigarettes. As there is no evidence to indicate that the 57 % rule has widened the difference between Member States or created specific internal market problems, there is absolutely no justification to drop this rule. The implementation of the Parliament's proposal would mean that no Member State has to increase its taxes and that each Member State could eventually decrease its taxes. http://www.globalink.org/tobacco/docs/eu-docs/taxtob.htm      European Taxes VAT Tax Harmonisation Austria began its first presidency of the European Union in the summer of 1998 with a pledge to push for greater harmonisation of taxes ahead of the introduction of the single currency. Goods may enter the EU free for onward processing and can also be held free of charge subject to release. A compromise on interest payments has however restricted application of the directive to non residents and then only to provision of information on gross payments to the savers home tax jurisdiction. http://www.gweb.co.uk/bavant/eurotax.htm      Radiographic Testing - A comparison of Standards for Classical and Digital Industrial Radiology These standards are generally submitted to ISO on the basis of the Vienna agreement between ISO and CEN. The traditional European schools of NDT had to agree on common standards which allow a harmonized procedure and mutual agreement of NDT quality and certificates. The idea behind this standards is: Standards shall guarantee a minimum image quality by ' Minimum Requirements' for the testing procedure. http://www.ndt.net/article/wcndt00/papers/idn324/idn324.htm      refugeedefinitionsubmissiontolords Whilst ILPA considers that harmonisation of the asylum systems across EU Member States could potentially provide for better protection for refugees, fairer procedures and more uniform access to reception conditions, we are concerned that this will not ultimately be the case. ILPA welcomes the fact that this provision does not preclude the further development of the law in this area and lays down only minimum standards. It is clear that harmonisation of interpretation of international obligations as regards those seeking asylum is necessary given the wide divergence in interpretation across Member States at the present time. http://www.ilpa.org.uk/submissions/refugeedefinitionsubmissiontolords.html      Human Resources for Health Full text Impact, regulation and health policy implications of physician migration in OECD ... The limited impact of the European Union doctors' directives is linked to the general absence of physician surpluses in other Member States (which restricts the pool of potential migrants), failure to implement the directives and recognise the equivalence of qualifications by some Member States. No visas or work permits are required, although residence permits may be. These directives entitle any European Union physician who has completed basic training in a Member State and who holds a recognised qualification to be automatically registered in any other Member State. http://www.human-resources-health.com/content/2/1/12      no euro "We must also pursue the efforts towards harmonisation of taxes and, eventually, social protection”, Pierre Moscovici, Minister of State for European Affairs, France, 6 March, 2000. I propose, in terms of corporate tax, that the tax bases should be harmonised and that a minimum rate should be fixed. [we need], “genuine fiscal harmonisation in Europe…in an open, competitive Europe with a common currency, it is damaging for the French to always be taxed more than everyone else”, Jacques Chirac, French President, Le Monde, 7 March, 2002. http://www.no-euro.com/factsfigures/quotes/taxharmonisation.asp      AIT & FIA European Bureau Why should commercial road users pay less when their externalities are much higher than the individual car users’? Also in the future there will be no maximum rate of excise duty on private fuels. For the taxing of diesel fuel used for private purposes the Commission recommends that the Member States gradually align their respective rates with that of the rate on unleaded petrol. http://www.aitfiaeurope.net/policy.php?policyno=15      Harmonisation_of_tax_rates.html Countries should be free to levy higher rates. Insisting on autonomy does not make much sense as there is less and less autonomy of nationa states. Proposal: States at comparable levels of economic development and states that are geographically close to each other should cooperate closely in order to reduce tax evasion and tax competition. http://www.paddavis.de/dualism/activist_aesthetic/intertax/Harmonisation_of_tax_rates.html      [No title] COMMENT: General comment available in this NPA: we shall use SI units. These proposals were developed in co-operation with the Federal Aviation Administration (FAA) of USA and the European, American and Canadian aviation industry through the Loads and Dynamics Harmonisation Working Group of the U.S. Aviation Rulemaking Advisory Committee (ARAC). The initial objective of the harmonisation activity was to provide for harmonisation of the FAR discrete gust requirements with those of the JAR. http://www.jaa.nl/section1/crd/cr282.doc      Réduction du Temps de Travail At present, 2 million people are paid one of these 6 minimum rates, arising from the application of the law on the reduction of working hours. This reduction will also compensate for the increase in the minimum wage, a consequence of the harmonisation proposed by the bill. The Government's objective is to make a series of readjustments to these minimum wage rates in order to achieve a single minimum wage rate on July 1st 2005. http://www.35h.travail.gouv.fr/texteang.htm      [No title] One of the main, objectives of the ASEAN Consultative Committee on Standards and Quality (ACCSQ) is to remove trade barriers that may exist because of standards, testing, certification and regulatory practices which are divergent among the ASEAN member countries. Besides, the specific list for each group will also be made before developing the list of products for harmonisation of minimum e-essential requirements which was discussed in the fourth meeting in Indonesia. Harmonisation of standards is carried out through the Technical Working Group 1 (TWG1)Standards and Technical Information. http://www.aseansec.org/9612.htm      BBC News Euro latest Q & A: Tax harmonisation There is a feeling amongst many European Union governments that the start of the European single currency in January will require a greater co-ordination of economic policy. But once a harmonisation plan is agreed by all 15 member state, there is no chance to opt out anymore. Some governments are worried that if the new taxation laws are not implemented companies will transfer their business to the EU countries where taxes are lowest, leaving high unemployment in countries like Germany, where it is not unusual to pay 50% of your income in tax. http://news.bbc.co.uk/hi/english/events/the_launch_of_emu/euro_latest/newsid_225000/225761.stm      Longevity Report 34 They may disappear because harmonisation will bring them under the same laws as drugs. Harmonisation invariably means that Britain will have to do what the authorities of the rest of Europe wants. She sold her cottage and bought a "sheltered" apartment, where she was able to look after herself, with minimum help. http://www.quantium.cwc.net/lr34.htm      G. Echu: The Language Question in Cameroon 9 The fact that a great number of Cameroonians live in complete ignorance as to the functioning of the State is no cause for concern to the authorities in place who enjoy such a situation, given that the possibilities of criticizing government action are reduced to a minimum. Consequently, the revised Constitution of 18 January 1996 which guarantees the pursuit of the policy of official bilingualism and the promotion of national languages only goes a long way to confirm the fact that both the official and indigenous languages are important components of the Cameroonian cultural heritage. In such a situation, they argued, the educational gap between the two would be widened in favor of those that have acquired French education. http://www.linguistik-online.com/18_04/echu.html      ENOTHE : European Network of Occupational Therapy in Higher Education The student evaluations identify both positive and negative issues. He outlines the conclusions in that this type of learning allows for flexible learning, it is distance learning also, it promotes internationalisation, it uses the expertise of each educational institution, it involves the harmonisation of four schools, it involves technical skills and standardised procedures. This workshop included a presentation of the review of the World Federation of Occupational Therapy (WFOT) Minimum Standards, which has been ongoing since 1998. http://www.enothe.hva.nl/meet/ac01/ac01-min.htm      prodAEC Network :: Introduction Collect industry requirements and contribute to the standards adoption and coverage. Increased ratio of companies aware of the data exchange issue and the network objectives; It is a network objective to obtain the contribution from a minimum of 150 relevant companies; http://www.prodaec.com/index.php?module=articles&func=display&aid=4&ptid=8      Harmonisation News ... The realistic way towards this goal is model harmonisation in some respects: harmonisation of certain concepts, data handling procedures, evaluation procedures etc., with the current status of knowledge as a common point of reference. The underlying perspective of papers presented should be that of putting the methods presented into a context. On the other hand both industrial efficiency and public protection require the proper use of the proper model in all countries of operation. http://milos.ipta.demokritos.gr/Harmo/HarmNews.htm      Benking -- Melbourne 1994 paper The possibility of describing the reasoning of old and new governance systems, like Panetics (Siu 1994), which help to view and compare decision in the light of minimum impact or suffering, is another issue. Work is under way for the World Population and Development Conference in Cairo (United Nation Population Fund) to improve the communication about the impact of decisions taken in view of the carrying capacity and population density of our planet and to develop perspectives. EARTHWATCH, UNEP-GEMS Report Series, USER REQUIREMENTS for the Harmonization of Environmental Measurement Information System HEMIS, in press http://www.benking.de/Global-Change/FIGXX-Melbourne-1994.htm      MAST2001Progress Report We suggest that, within a study region, research plots are selected, based as much upon their place within the local spectrum of biodiversity as upon topographic position or other local physico-chemical factors: the emphasis upon biodiversity will, we believe, necessarily capture other site variability factors. On-going; EC Marie Curie Actions could be a key here ]; Identify potential sponsors of research, and consider in detail how well their priorities correspond to those identified in CAT-B. Seek harmonisation of our objectives with those of the funding agencies. http://www.iasc.no/ProjectCatalogue/CAT-B.htm      Bibliographic contents Navigating Through A Document-Centered Electronic Medical Record: A Mock-Up Based On Www Technology* NDSNET : Harmonisation of Nephrology Data Systems within Regional Networks http://www.schin.ncl.ac.uk/rcgp/scopeEPR/refh/refindex.htm

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