MARCH 2004 UNICE MARCH 2004

@News

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MESSAGE FROM SECRETARY GENERAL

- Is the message finally getting through? UNICE HIGHLIGHTS

- Entrepreneurship Day: time for action! - “Competitiveness Action Plan 2004” - Research and innovation top of the agenda for European business leaders - Tripartite social summit examines implementation of the Lisbon Strategy ECONOMIC AND FINANCIAL AFFAIRS - UNICE Economic Outlook – Spring

2004: Improving signs but no time to open the champagne yet!

- Assessment of the Spring Summit

LEGAL AFFAIRS - EU consumer protection agenda on the

move - Corporate Governance – Company

Law: latest developments

- Intellectual property: latest developments on the Community patent

- Position papers recently adopted - Work in progress

SOCIAL AFFAIRS - UNICE replies to the Commission

consultation on the re-examination of the working time directive

- Social partners’ reports on lifelong learning and employment presented to the Spring European Council

- Position papers recently adopted EXTERNAL RELATIONS - Anti-dumping: New EU regulation - Preferential rules of origin: UNICE calls

for simplification and harmonisation

- UNICE-BOSMIP: supporting business in the new EU Member States

- Position paper recently adopted - Work in progress

INDUSTRIAL AFFAIRS - Chemicals Legislative Package - Public Procurement in Europe: The

New Regime Ahead

- UNICE calls for a re-examination of Community climate change policy

- Position papers recently adopted - Work in progress

PIN BOARD/EVENTS

- IBEC conference: "Is regulation killing business?"

- 2004 EBRD Business Forum - New arrival in UNICE

Membre de l'Union des Éditeurs de la Presse Périodique

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M E S S A G E F R O M S E C R E T A R Y G E N E R A L

Dear UNICE@news Readers,

Is the message finally getting through?

The current Irish Presidency of the European Union has been a very active defender of competitiveness. This is very welcome but should

come as no surprise. Ireland provides proof that political will coupled with targeted reforms can transform an economy in a relatively short period of time. A glance at our report Lisbon Strategy Status 2004 shows the country to be among the leaders on many of the indicators. In particular, Ireland now has the second-largest per capita GDP in the EU. In other words, the Lisbon vision can be made a reality if all the Member States make the required efforts.

The presentation of Mary Harney at EBS was very impressive but also very appreciated. Last week, ahead of the EU Spring Summit, a high-level delegation met with Irish Prime Minister Bertie Ahern. Our message is well known: "commit and deliver". In order to enhance growth and competitiveness, urgent action is required, especially at national level, to reduce existing regulation while aiming at better regulation, to promote entrepreneurship, to accelerate reform of labour market regulations to introduce more flexibility and productivity at work, and to create more and better jobs. This was also the message the President of UNICE Jürgen Strube repeated in the afternoon at the Tripartite Social Summit. The conclusions of the Spring Summit go into the right direction but the results are far from meeting business expectations. For instance, the Heads of State and Government did not commit to the European Agenda for entrepreneurship they asked for one year ago. As we know, reforms are needed but difficult to implement. If the new EP and Commission are to succeed, a very comprehensive communication plan concerning the benefits for the EU of a growth strategy will have to be put in place to ensure that all stakeholders in European society understand what is at stake: more jobs and prosperity.

Philippe de Buck Secretary General

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U N I C E H I G H L I G H T S

ENTREPRENEURSHIP DAY: TIME FOR ACTION!

“Time for action!” is the message delivered by Philippe de Buck, UNICE Secretary General, at the Entrepreneurship Day, organised by the European Commission on 2 March to launch it’s “European Agenda for Entrepreneurship”. The event, which was attended by more than 400 people, was an excellent opportunity to voice expectations and explore opportunities for boosting entrepreneurship in the EU. There is broad agreement that increased entrepreneurial activity has a direct positive impact on the EU’s economic performance and is a vital success factor for the Lisbon strategy. The Commission’s plan to boost entrepreneurship through this Action Plan,

which adopts a strategic framework, identifying key actions to be accomplished, is a positive exercise, stepping in the right direction. When voicing UNICE’s support for Action Plan, Philippe de Buck commented: “European competitiveness will not take off and the Lisbon Strategy will be ‘much ado about nothing’ if the EU and each of the governments in the Member States fail to put entrepreneurship at the top of their political agenda. This Action Plan needs more than a good step from the Commission. It can only succeed if Member States provide firm commitment to carry out concrete actions implementing it”.

For further information, please contact David Coleman or consult UNICE’s Press release. You may also access the “European Agenda for Entrepreneurship”.

“COMPETITIVENESS ACTION PLAN 2004” UNICE, working closely with its member federations, presented in a press conference on 8 March 2004 the expectations of the European business community for the Spring Summit, with the “Competitiveness Action Plan 2004”. With this publication European business urges policy-makers to deliver on three levels: actions to be taken at EU level, a real commitment to complete the internal market and implementation of the Lisbon Strategy at national level. At EU level, the “Competitiveness Action Plan 2004” wants to encourage policy-makers to make significant progress in four areas in particular: a personal commitment from Heads of State to implement the European Agenda for Entrepreneurship, a review of current EU climate change policy, a comprehensive impact assessment of the REACH proposal and a final decision in line with industry expectations on the Community

Patent. The “Competitiveness Action Plan 2004” also contains a survey of 200 companies, two thirds of which are SMEs, demonstrating that companies still encounter barriers that hinder free movement of goods and services. Finally, this new publication gives individual recommendations for action at national level in seventeen European countries in the areas of better regulation, public finance, innovation, employment and internal market.

Although these recommendations differ from country to country, some common features can be identified: many UNICE member federations ask their national authorities is to set up a comprehensive and compulsory impact assessment for new legislative proposals, to reduce taxes, to improve conditions for investments, to implement the Kok report recommendations and to develop and liberalise transport infrastructure.

For further information, please contact María Soriano Sánchez or consult the document “Competitiveness Action Plan 2004”.

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RESEARCH AND INNOVATION TOP OF THE AGENDA FOR EUROPEAN

BUSINESS LEADERS Once again, it can be considered a great success: already for the third time, the European Business Summit gathered around thousand participants from the world of business, politics, academia and media in Brussels. This year’s event, organised on an initiative by EBS, UNICE’s Belgian member federation FEB together with UNICE and the European Commission, discussed the challenges Europe faces in the area of ”Research and innovation – a European strategy for more growth and jobs”. During several panel discussions, business leaders from all over Europe discussed with high-level representatives from EU institutions and governments the challenges Europe faces in the field of innovation. One year ahead of the mid-term review of the Lisbon strategy, European business leaders issued an urgent call for: ♦

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Plan, publFull implementation of the Lisbon and Barcelona targets for knowledge-based competitiveness. Political commitment at European and national level to stimulating growth in key sectors (pharmaceuticals, biotech, ICT, etc.) and facilitating competition and creation of new market space.

Exhaustive impact assessments examining the potential affects on the competitiveness of EU-based industry before any new rules are proposed. More investment in education and lifelong learning. Attract more students into a career in science and technology. Promote entrepreneurship, especially for innovative products and markets, and increase job opportunities by lightening the burden on start-up companies.

In his contribution at the plenary session on “Re-appraising Europe’s approach to innovation and research”, UNICE Secretary General Philippe de Buck launched an appeal to the Irish Presidency, making an urgent call to action two weeks before the European Union Spring Summit. Clear proposals are already on the table, Philippe de Buck pointed out, and highlighted the UNICE Competitiveness Action ished some days before, which

gives clear recommendations for the EU and the national level on the areas where progress has to be made. In her very much appreciated speech, Irish Tanaiste Mary Harney agreed with the messages given by European business, promising to make every effort to revitalise and bring forward the Lisbon strategy.

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TRIPARTITE SOCIAL SUMMIT EXAMINES

IMPLEMENTATION OF THE LISBON STRATEGY During a meeting of the Tripartite Social Summit held on the eve of the Spring European Council, UNICE, CEEP, UEAPME, and ETUC met the President of the European Council, Mr Ahern, and the President of the Commission, Mr Prodi, to take stock of implementation of the Lisbon strategy. The overarching theme was “Towards a European Partnership for Change”. Talking about how to achieve sustainable economic growth, UNICE asked for a strong commitment from the public authorities to create an innovation-friendly regulatory environment and deal with uncertainties surrounding fiscal discipline or patchy pension and labour market reforms. It also called for action to complete the internal market, promote entrepreneurship and foster investments in research and development in order to increase Europe’s competitiveness.

European employers insisted that national governments must implement all recommendations of the Employment Task Force report. They also called on the EU institutions to avoid proposing initiatives which undermine labour-market flexibility such as the directive on cross-border mergers and the directive on temporary agency work, the revision of the European Works Council directive or new legislation such as the directive on data protection. UNICE suggested assessing the progress made, with a special focus on the recommendations of the Employment Task Force, during the Tripartite Social Summit in March 2005. During this Summit, the European social partners also presented two joint contributions to the Spring European Council (see article below in the Social Affairs section).

For further information, please consult the joint press release by UNICE, UEAPME, CEEP and ETUC, or the interventions by Dr Jürgen Strube, UNICE President, and Philippe de Buck, UNICE Secretary General.

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E C O N O M I C A N D F I N A NC I A L A F F A I R S

UNICE ECONOMIC OUTLOOK – SPRING 2004: IMPROVING SIGNS

BUT NOT TIME TO OPEN THE CHAMPAGNE YET! At a press conference on 23 March 2004, Philippe de Buck, UNICE's Secretary General, and Jean-Paul Betbéze, Chairman of the UNICE Economic and Financial Affairs Committee, presented the UNICE Economic Outlook – Spring 2004. This economic forecast is produced twice a year by UNICE in close cooperation with its member federations in the 15 EU Member States. It is based on a survey in those Member States and gives a detailed business forecast for the coming six months. The UNICE study shows that recovery is there, but fragile and dependent on external factors. UNICE estimates the growth rate for this year at 2.0% for EU-15 (Eurozone: 1.9%). This is slightly better than the estimates UNICE published in its Economic Outlook last autumn, when growth for the Eurozone was expected to be 1.7% (EU-15: 1.8%). Jean-Paul Betbéze

commented: “The situation is improving, but it isn’t time to open the champagne yet! Europe is still not catching up with the USA and Japan in terms of growth and unemployment, and there are some more risks”. The tragic events in Madrid might increase uncertainty and strengthen the need for vigilance and concerted reaction. The situation will have to be assessed. In his concluding remarks, UNICE Secretary General Philippe de Buck made a reference to the

European Spring Council and sent a strong appeal to the heads of state and government: “Despite the slightly positive general assessment, Europe is still losing ground due to structural weaknesses. Burdensome regulations, insufficient R&D spending and structural rigidities are hampering European competitiveness. Our recommendation: play to win! Implement the Lisbon Strategy!”

For further information, please contact the UNICE Ecofin Department or consult the press release published on 23 March 2004 "Fragile recovery – better than expected but with some more risks"; and the full text of UNICE Economic Outlook – Spring 2004.

ASSESSMENT OF THE SPRING SUMMIT The Lisbon Strategy for making Europe the most competitive economy in the world by 2010 has reached a crucial point: four years after the Portuguese Presidency of the European Council, the European Union is a long way from the Lisbon goals, but the conclusions of the Spring Summit, on 25 and 26 March, strike the right note regarding the urgency and necessary commitment to the Lisbon Strategy. Now it is time for Heads of State and Government to deliver back home and to implement reforms. As regards concrete measures, UNICE strongly supports the creation of a high-level group, chaired by Mr Wim Kok, to carry out the Lisbon strategy mid-term review in 2005. One of the most important elements is the call for a cost-benefit analysis on climate change issues which takes account of both environmental and

competitiveness considerations. UNICE also applauds the strong call for better regulation initiatives, not only at European but also at national level, to enhance competitiveness and productivity. Other important issues addressed in the conclusions are a call on Member States to improve general conditions for business in R&D, a strong commitment to implementation of the recommendations of the Kok report, a call to complete the Financial Services Action Plan, a firm commitment to the Stability and Growth Pact and a reference to the special role that the Competitiveness Council has to play. On the other hand, UNICE regrets that no concrete reference has been made to the Entrepreneurship Action Plan launched by the Commission, which Heads of State and Government themselves asked for one year ago.

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For further information, please contact María Soriano Sánchez or consult UNICE press release.

L E G A L A F F A I R S

EU CONSUMER PROTECTION AGENDA ON THE MOVE

The plenary of the European Parliament poised to vote on two important proposals before the elections Directive on unfair business-to-consumer commercial practices: On 17 March, Parliament's Legal Affairs Committee adopted a first-reading report, drafted by Fiorella GHILARDOTTI (PES, I), by 26 votes to 2 with 0 abstentions. It called for a number of changes to the draft directive on unfair business-to-consumer commercial practices. Among the changes, some seek to improve the legal quality and clarity of the text by improving definitions and adding clarifying terms. UNICE welcomes in particular the Committee’s support for the full harmonisation character of the directive to avoid further fragmentation at national level. The aim of the directive is to lay down standard EU-wide criteria for determining whether a commercial practice is unfair. The proposal is intended to tackle internal market barriers caused by differing national legislation and thereby boost consumer and business confidence in cross-border trade. UNICE continues to follow discussions on this proposal and will prepare its comments for the vote in plenary in April.

Regulation on consumer protection enforcement cooperation: At the same meeting the Legal Affairs Committee also adopted the report on the proposed regulation. The vote produced 21 votes in favour, 4 against and 1 abstention. The vote in plenary will most probably take place at the end of March or beginning of April. UNICE welcomes the proposal’s aim of improving the functioning of the internal market through better enforcement of consumer protection rules and its scope, that only covers cross-border infringements of EU legislation protecting consumers’ economic interests. However, UNICE questions the proportionality and justification of some of the powers to be granted to the public enforcers and asks for more safeguards for companies with regard to the investigations and surveillance powers of the enforcement network. You can access the full details of the UNICE position paper on the directive and the regulation as well as its follow-up action at UNICE’s general website: www.unice.org

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European Consumer Day on 15 March in Dublin On Monday 15 March, Europe celebrated the day of consumers by holding a one-day conference on 'Building Consumer Confidence in the European Online Marketplace' in Dublin. The aim of the conference was to highlight the issues which affect consumer confidence across the European online marketplace and to identify and discuss models or proposals which would help to raise confidence levels." The EU Commissioner for Health and Consumer Protection, Mr David Byrne, opened the event (his speech is available on DG SANCO’s website). Other speakers at the conference included Chairman of the European Economic and Social Committee Roger Briesch, US Federal Trade Commissioner Mr Mozelle Thompson and Director at the Health and Consumer Protection Directorate in Commission Mrs Agne Pantelouri. All participants agreed that in order to foster consumers’ confidence in online shopping, the existing regulatory framework and new proposals currently being discussed, namely the unfair commercial practices directive and the enforcement regulation, needed to be coupled with proposals from the market

players (codes of conduct, trustmark, best practice guidelines, etc) to keep up in this fast-moving market. The UNICE-BEUC joint work on e-confidence was mentioned several times and the Commission announced that a political document would be published in the coming months based on that and other stakeholders’ contributions. Finally, consumer and SMEs education and information was stressed as a decisive factor for the take-off of the Internet that should be further encouraged at all levels. Further and more dialogue between public authorities, business and consumer organisations was also considered particularly helpful in this area. UNICE took part in the event which was well organised by the Irish Department of Enterprise, Trade and Employment with the support of the European Commission and the European Economic and Social Committee. For further information and meeting documents, you can visit the Conference’s website.

For further information, please contact Carlos Almaraz.

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CORPORATE GOVERNANCE - COMPANY LAW: LATEST DEVELOPMENTS

UNICE letter to OECD on revision of its Corporate Governance Principles In a letter dated 10 March UNICE sent its contribution to the revision of the OECD Corporate Governance Principles currently under way. These comments are supportive and complementary to the actions undertaken by UNICE’s sister organisation, BIAC (Business and Industry Advisory Council to the OECD). Our letter points out the need to maintain a principle-based approach and refrain from a rules-based approach when revising the principles. We caution the OECD to avoid changing the definition of “corporate governance”, and to maintain that corporate governance is “the way in which companies are managed and

controlled”. The principles should focus mainly on the relationship between companies and their investors or the problems arising from the separation of ownership and control. Similarly we ask the OECD not to associate corporate governance with broad notions such as “high ethical standards” which could be linked to the emerging issue of Corporate Social Responsibility. Such a link is in our view inappropriate and premature. Finally, we oppose the singling out of ‘employees’ in the principles when they enter the category of ‘stakeholders protected by law’.

You can access UNICE letter to the OECD or OECD website on Corporate Governance. Consultation on Commission Recommendation on Directors’ Remuneration As part of implementing the Commission's Action Plan to modernise company law and enhance corporate governance in the EU, announced in May 2003, on 23 February 2004 the Commission launched a public consultation in view of preparing a Recommendation on directors’ remuneration. Among other important issues, the Commission is asking: - should the Recommendation invite

Member States to take regulatory measures to ensure that listed companies comply with all its provisions? This would contrast with the approach in

some Member States which deal with the issue in a non-legislative way, for example via a Corporate Governance Code.

- should the Recommendation cover only listed companies or also non-listed companies?

- how should the Recommendation define "directors" given the wide range of board systems used in EU Member States?

The public consultation runs until 12 April 2004. UNICE is currently preparing a response on this important issue.

Commission web page on consultation on Directors’ Remuneration. Consultation on future 14th Company Law Directive on Transfer of Seat The European Commission has also launched a public consultation in view of preparing a proposal for a 14th company law directive on the cross-border transfer of the registered office of limited companies.

UNICE appreciates swift action to eliminate mobility constraints on companies within the single market and is currently preparing comments a response to this specific consultation by the Commission. The public consultation closes on 18 April 2004.

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Commission proposal for modernising the 8th Company Law Directive on statutory audit On 16 March 2004 the European Commission issued a proposal for modernising the 8th Company Law Directive on statutory audit. According to the Commission, this proposal clarifies the duties of statutory auditors, their independence and ethics, by introducing a requirement for external quality assurance and by ensuring robust public oversight over the audit profession. This considerably broadens the scope of the former Eighth Council Directive on Company Law, which only dealt with the approval of statutory auditors. The Commission believes that the proposal also provides a basis for effective and balanced international co-operation between regulators in the EU and with regulators in third

countries, such as the US Public Company Accounting Oversight Board (PCAOB) particularly relevant because of the global nature of modern capital markets. The proposed Directive addresses corporate governance aspects of audited entities that are closely interlinked with statutory audit. This relates particularly to matters concerning the appointment, dismissal and resignation of the auditor as well as communication with the auditor. For public interest entities, the establishment of audit committees will be mandatory. UNICE is currently preparing comments on this proposal.

Commission web page with relevant information on the proposal for modernising the 8th Company Law Directive. For further information on Company Law – Corporate Governance issues, please contact Jérôme P. Chauvin or David Coleman.

INTELLECTUAL PROPERTY: LATEST DEVELOPMENTS ON THE

COMMUNITY PATENT During the Italian presidency no agreement was reached on the draft Community Patent Regulation. After assessing the final package, UNICE asked the Member States with a letter addressed to the European Summit in December 2003 to stop discussions for the time being, since the text on the table no longer meets users’ needs (in terms of costs and legal certainty) and to re-open discussions on a sounder basis, taking primarily into account the interests of industry and of EU competitiveness. At the end of December 2003, the Commission presented its proposals regarding the jurisdictional system for Community Patents and the establishing of a Community Patent Court. Since the beginning of the Irish presidency, UNICE has voiced its strong discontent with

the current package on the Community Patent on several occasions, namely in a meeting with Irish Prime Minister Bertie Ahern, Minister Ms Harney, Chairwoman of the Competitiveness Council, as well as with other officials of the Irish presidency. For UNICE, It is essential that the Community Patent is competitive in terms of costs compared with the US and Japanese Patents. The current agreement is clearly not. At the same time, the unitary character of the Community Patent should be ensured. This means that the translations of the patent claims should have no legal effect. Therefore, the current proposals on the table giving such an effect are unacceptable for European industry. UNICE will also examine internally the jurisdictional proposals and decide further actions vis-à-vis the European institutions regarding the jurisdictional issues.

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For further information, please contact Ilias Konteas or consult the UNICE letter or annex to the European Summit

POSITION PAPERS RECENTLY ADOPTED

UNICE letter on EFRAG comment letter on IFRIC D3 determining whether an

arrangement contains a lease UNICE letter to COREPER on the patentability of computer-implemented inventions UNICE letter to Alexander Schaub on the Community patent UNICE comment letter on draft EFRAG letter on the adoption of the revised International

Accounting Standards Letter to COREPER on the Community Patent UNICE’s comments on the draft communication on a new framework for the assessment

of lesser amounts of state aid and on the draft communication on a new framework for the assessment of state aid which has limited effects on intra-Community trade UNICE letter on EFRAG comment letter on IASB post-2005 priorities UNICE voting list for vote by EP JURI on unfair commercial practices directive UNICE letter to the OECD on the revision of OECD corporate governance principles Letter by UNICE President, Jürgen Strube, to Ms Mary Harney, President of the

Competitiveness Council, ahead of the Competitiveness Council (11 March) and the EU Spring Summit 2004: letter - annex Letter to Japanese Ministry of Economy, Trade and Industry on employees’ invention

system in Japan

WORK IN PROGRESS UNICE voting list for vote by EP Plenary on unfair commercial practices directive Update of transposition report of consumer guarantees directive UNICE proposals for EP discussions on regulation on consumer protection enforcement

cooperation Joint project for a EU-wide guide on corrective actions (product recalls) UNICE draft letter on IFRS 2 share-based payments UNICE response to Commission consultation on Recommendation on Directors

Remuneration UNICE response to Commission consultation on a proposal for a 14th company law

directive on the cross-border transfer of the registered office of limited companies UNICE comments on Commission proposal for modernising the 8th Company Law

Directive on statutory audit UNICE draft comments on the Community patent jurisdiction

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S O C I A L A F F A I R S

UNICE REPLIES TO THE COMMISSION CONSULTATION ON THE

REEXAMINATION OF THE WORKING TIME DIRECTIVE UNICE has finalised its response to the Commission consultation on the re-examination of the working time directive. In its view, when drawing conclusions from the debate launched by its consultation, the Commission should aim to make it easier for companies to comply and improve working time flexibility. European employers would support a revision of the directive provided that it meets the following conditions: averaging the reference period for calculating weekly working time over 12 months should be the general rule and the reference period for the weekly rest period should be extended from 7 to 14 days; the right for individuals to opt out from the 48-hour rule

should be retained and the Directive should be amended to foresee explicitly that opt-outs can also be agreed by means of collective agreements; it is essential to distinguish between the time when a worker is resting at the workplace and the time when he/she is actually working by considering only time actually worked as working time and rest periods as rest, even if this rest occurs at the workplace. UNICE insists that any revision should not result in expanding the directive beyond the area of worker health and safety as all the other aspects of working time management are best dealt with in Member States.

For further information please contact Thérèse de Liedekerke or consult the UNICE Reply.

SOCIAL PARTNERS’ REPORTS ON LIFELONG LEARNING AND

EMPLOYMENT PRESENTED TO THE SPRING EUROPEAN COUNCIL Eager to contribute to implementation of the Lisbon strategy, UNICE/UEAPME, CEEP and ETUC have prepared two joint reports for the 2004 Spring European Council as part of the joint work programme of the European social dialogue for 2003-2005. Second report on the actions taken by the social partners to promote the lifelong development of competences and qualifications. This is the second annual follow-up report to the framework of actions on the lifelong development of competences and qualifications describes social partners’ activities in this field at cross-industry, sectoral and company levels and gives useful examples of good practices. It testifies to the intensification of dialogue and partnership between social partners and their willingness to

find practical solutions to foster lifelong development of competences and qualifications. For further information, please contact Jeanne Schmitt or consult the report. First report on social partners’ actions in the Member States to implement the employment guidelines This report gives an overall picture on how the social partners were involved in preparation of the 2003 national action plans on employment and provides an overview of key initiatives relevant for the implementation of the employment guidelines. For further information, please contact Lorena Ionita or consult the report.

POSITION PAPERS RECENTLY ADOPTED

UNICE reply to the Commission Communication on working time Second social partners follow-up report on the framework of actions of lifelong development

of competences and qualifications Report on social partner actions in Member States to implement employment guidelines

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E X T E R N A L R E L A T I O N S

ANTI-DUMPING: NEW EU REGULATION

To introduce greater transparency, efficiency and predictability in the use of anti-dumping and anti-subsidy, the EU Member States adopted an amendment of the EU Regulation on 8 March 2004. Under the new rules, anti-dumping or countervailing measures will be considered adopted unless a simple majority of EU Members States opposes them. The new measures also simplify certain legal procedures and clarify some legal

terminology in line with the EU's WTO objectives in this field. In particular they make clear the deadlines for a host of anti-dumping/anti-subsidy legal procedures. This decision is very much welcomed by UNICE as it responds to its request to improve EC internal decision-making procedures for anti-dumping/anti-subsidy and to enhance the legal certainty of existing procedures.

For further information, please contact Adrian van den Hoven

PREFERENTIAL RULES OF ORIGIN: UNICE CALLS FOR

SIMPLIFICATION AND HARMONISATION In the light of the complex determination of geographical origin and with the proliferation of preferential trade agreements, it is necessary to review the system of preferential rules of origin. In its 27 February preliminary comments UNICE favours deep modernisation, standardisation and simplification of the preferential rules of origin. Unfortunately, these issues are not addressed in the 18 December 2003 EU Green Paper, which takes an excessively

administrative and legal approach to these problems. Instead of addressing the questions on how rules of origin can be simplified the Green Paper focuses on strengthened liability rules penalising errors by importers to improve compliance. In UNICE’s view this is not the appropriate approach to the issue. For UNICE, new rules for preferential arrangements should not impose additional constraints on economic operators.

For further information, please contact Carlos Gonzalez-Finat of consult the full text of UNICE preliminary reaction.

UNICE-BOSMIP: SUPPORTING BUSINESS IN THE NEW EU MEMBER STATES

The UNICE-BOSMIP programme which aims at strengthening industrial and employers’ federations in the EU acceding countries is now almost through the first round of seminars, and with that the “training of the trainers” will be completed with a satisfactory

outcome. During the second round, one to four seminars per acceding country will help the federations, their members and potential member companies to become more familiar with the acquis communautaire and to share experience about its implementation.

For further information, please contact Carl Johan Törnell or Katharina Swoboda or consult the full text of UNICE-BOSMIP brochure.

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POSITION PAPER RECENTLY ADOPTED

27 February UNICE preliminary reaction to the Green Paper on the future of rules of

origin in preferential trade arrangements For further information, please contact UNICE's External Relations Team.

WORK IN PROGRESS UNICE comments on the proposal for a regulation amending the Community Customs

Code to improve customs controls COM(2003)0452 final UNICE position on Trade and Development in the Doha Development Agenda

For further information, please contact UNICE's External Relations Team.

I N D U S T R I A L A F F A I R S

CHEMICALS LEGISLATIVE PACKAGE

UNICE has been active in the negotiations with the Commission to launch further work on impact assessment. The aim of such an assessment is first and foremost to identify opportunities for improving REACH and to correct elements of the proposal that will hamper smooth and cost-effective implementation. The work would ensure that a representative range of issues with significant impact on various industrial

sectors are addressed. The requirement is to obtain a timely, efficient, and reliable process to allow these issues to be investigated, resulting in substantial results to be made available by the autumn of 2004. UNICE would play a coordinating role with a view to preparing industry inputs into this process.

For further information, please contact Nadine Toscani

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PUBLIC PROCUREMENT IN EUROPE: THE NEW REGIME AHEAD

Public Procurement represents a significant part of the European Economy. It accounts for €1,400 billion or 16% of the European Union’s GDP annually. The first public purchasing directives were issued in the early 1970s. The 1985 White Paper on the Internal Market identified a need for improvement in this field, which resulted in public procurement directives in 1992 and 1993. These directives are now in the process of being replaced by the new legislative package, which was adopted by the Council of the European Union on 2 February 2004. This legislative package proposes major changes in the way in which public procurement works in the “Classical” sector (public works contracts, public supply contracts and public service contracts) and the “Utilities” sector (water, energy, transport and postal services) throughout the European Economic Area (EEA).

One of UNICE’s responses to this serious change in the way in which public procurement will operate in Europe is to organise, in conjunction with the Confederation of Norwegian Business and Industry – NHO, a major conference on this new public procurement regime that will come into being within the EEA, in the Norwegian capital Oslo from the 29 September – 1 October 2004.

Representatives from the highest levels of the European Commission, National Governments, industry and business will participate and provide a top level forum for the exchange of views, expectations and concerns regarding the new EU legislation on public procurement. This conference is a timely and valuable exercise that provides those interested in public procurement with an opportunity to explore the specific core issues of the legislative package in an environment conducive to a better understanding of the issue.

For further information, please contact Vincent McGovern or consult the conference website.

UNICE CALLS FOR A RE-EXAMINATION OF COMMUNITY CLIMATE

CHANGE POLICY Non-ratification of the Kyoto protocol by the USA and Russia’s continuing indecision are set to have serious negative consequences which require an in-depth evaluation without delay. UNICE considers it necessary to re-examine the current climate change policy as well as linked EU policies. There is an urgent need to define a revised strategy which will establish a balance between environmental objectives on the one hand and objectives for economic growth and employment in the EU on the other hand.

Among other things, this revised strategy must answer the question of how the negative impacts on the competitiveness of European industries can be avoided in the event of non-ratification of Kyoto by the EU’s main economic partners. UNICE urged that this issue should be taken into account in the work of the Environment Council (2 March), the Competitiveness Council (11 March) and the European Summit (25-26 March).

For further information, please contact Daniel Cloquet.

THE VOICE OF BUSINESS IN EUROPE Avenue de Cortenbergh 168 - B-1000 Brussels - Tel: +32(0)2 237 65 11 - Fax: +32(0)2 231 14 45

POSITION PAPERS RECENTLY ADOPTED

Letter by UNICE President to Ms Mary Harney, President of the Competitiveness

Council, ahead of the Competitiveness Council (11 March) and the EU Spring Summit 2004 Letter to Mr Martin Cullen regarding “Environment” Council on 2 March 2004 –

Contribution from the Environment Council for the 2004 Spring European Council – Climate change Letter to Coreper (15 March 2004): preparation of the Spring European Council – Climate

Change

WORK IN PROGRESS Preparation of a UNICE position on the needed reassessment of EU climate change

policy in the new international context Preparation of further work on REACH Impact Assessment Update of the UNICE position paper on REACH

P I N B O A R D / E V E N T S

IBEC CONFERENCE: "IS REGULATION KILLING BUSINESS?"

In the context of the Irish Presidency, the Irish Business and Employers Confederation, IBEC, is organising a conference addressing the issue of better regulation. Philippe de Buck will speak at the conference entitled ‘Is

regulation killing business?’. The conference will take place on 19 April in Dublin. For more information: www.ibec.ie/0/regulation

2004 EBRD BUSINESS FORUM The European Bank for Reconstruction and Development Annual Meeting and Business Forum will take place on 18-19 April in London (www.ebrd.com/am). This is a unique networking opportunity, bringing together over 2,000 participants with a shared interest in the 27 transition countries of the region stretching from Central Europe

to Central Asia. In addition to individual country presentations, this year there will be five thematically focused discussion panels, on topics such as economic diversification, domestic investment and competition policy in the region.

THE VOICE OF BUSINESS IN EUROPE Avenue de Cortenbergh 168 - B-1000 Brussels - Tel: +32(0)2 237 65 11 - Fax: +32(0)2 231 14 45

NEW ARRIVAL IN UNICE

Ms Pascale Bouchery joined UNICE's staff on 8 March in the position of secretary to the External Relations Department, also

assisting in the Bosmip project. She can be reached at pb@unice.be

Your OPINION?

Your comments and/or suggestions are welcome. Please do not hesitate to e-mail them to our Communication Department at

mailto:news@unice.be. For more information about UNICE and its member federations, consult UNICE’s website at

www.unice.org.

THE VOICE OF BUSINESS IN EUROPE Avenue de Cortenbergh 168 - B-1000 Brussels - Tel: +32(0)2 237 65 11 - Fax: +32(0)2 231 14 45