title: Case T-311/14: Action brought on 5 May 2014  — Seca Benelux and Others v Parliament

text:
               24.6.2014

               EN

               Official Journal of the European Union

               C 194/35

         Action brought on 5 May 2014 — Seca Benelux and Others v Parliament
   (Case T-311/14)
   2014/C 194/46
   Language of the case: French

      Parties

      Applicants: Seca Benelux SPRL (Brussels, Belgium); Groupe Seca SA (Valenciennes, France); and Seca Ingénierie SAS (Valenciennes) (represented by: E. van Nuffel d’Heynsbroeck, lawyer)

      Defendant: European Parliament

      Form of order sought

   The applicants claim that the Court should:

               —

               annul the decision of the Parliament of 21 February 2014 not to retain the bid it submitted for the award of the contract for technical management of the buildings of the European Parliament in Strasbourg (Call for tenders No INLO.AO-2013-003-STR-UGIMS-03) and to grant the contract to another tenderer;

               —

               before making its ruling, order the Parliament to produce the following documents:

                           —

                           the list of the main similar services supplied by the other tenderer over the previous three years, stating their amount, date and recipient, public or private;

                           —

                           the document(s) showing the academic and professional qualifications of the personnel put forward by the tenderer in order to carry out the contract and including the information required on pages 11 to 27 of the technical specifications and in the minutes of the required visit of the premises and answers to the tenderers’ questions;

                           —

                           the documents(s) showing that the Parliament in fact checked whether the academic and professional qualifications of the personnel put forward by the tenderer for the contract which it had received were indeed compatible with the contract documentation, in particular on pages 11 to 27 of the technical specifications and in the minutes of the required visit of the premises and answers to the tenderers’ questions;

               —

               order the Parliament to pay the costs.

      Pleas in law and main arguments

   In support of the action, the applicant relies on two pleas in law.

               1.

               First plea in law, alleging a failure to verify the selection criteria in breach of the rules of Article 110(1) of Regulation No 966/2012 (1) and Article 148 of Delegated Regulation No 1268/2012 (2), of the procurement documents and the principle of sound administration.

               2.

               Second plea in law, alleging a manifest error in the assessment of the tenderers’ technical ability, in breach of Article 110(1) of Regulation No 966/2012, Articles 146(2) and 148 of Delegated Regulation No 1268/2012, the rules set out in the procurement documents, and the principles of sound administration and equal treatment of tenderers.

      (1)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1).

      (2)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ 2012 L 362, p. 1).


title: Case C-458/04: Reference for a preliminary ruling by the First Chamber of the Tribunal administratif de Caen, by judgment of that court dated 5 October 2004, in the case of Chambre de commerce et d'industrie de Flers-Argentan against Directeur des services fiscaux, Dircofi Ouest

text:
               22.1.2005

               EN

               Official Journal of the European Union

               C 19/11

         Reference for a preliminary ruling by the First Chamber of the Tribunal administratif de Caen, by judgment of that court dated 5 October 2004, in the case of Chambre de commerce et d'industrie de Flers-Argentan against Directeur des services fiscaux, Dircofi Ouest
   (Case C-458/04)
   (2005/C 19/22)
   Language of the case: French
   Reference has been made to the Court of Justice of the European Communities by judgment of First Chamber of the Tribunal administratif de Caen (Caen Administrative Court) dated 5 October 2004, which was received at the Court Registry on 29 October 2004, for a preliminary ruling in the case of Chambre de commerce et d'industrie de Flers-Argentan (Flers-Argentan Chamber of Commerce and Industry) against Directeur des services fiscaux (Head of the Fiscal Authorities), Dircofi Ouest.
   The First Chamber of the Tribunal administratif de Caen asks the Court of Justice to give a preliminary ruling on the question whether internal financial transfers constitute subsidies within the meaning of Article 19 of Sixth Council Directive 77/388/EEC of 17 May 1977 (1) for the purposes of the calculation of the deductible proportion.

      (1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1)


title: Case C-134/10: Action brought on 15 March 2010 — European Commission v Kingdom of Belgium

text:
               19.6.2010

               EN

               Official Journal of the European Union

               C 161/18

      Action brought on 15 March 2010 — European Commission v Kingdom of Belgium
      (Case C-134/10)
      (2010/C 161/25)
      Language of the case: French

         Parties

         Applicant: European Commission (represented by: A. Nijenhuis and C. Vrignon, acting as Agents)

         Defendant: Kingdom of Belgium

         Form of order sought

                  —

                  declare that, by failing to transpose correctly Article 31 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive), (1) the Kingdom of Belgium has failed to fulfil its obligations under that directive and Article 56 of the Treaty on the Functioning of the European Union;

                  —

                  order the Kingdom of Belgium to pay the costs.

         Pleas in law and main arguments

      The European Commission raises three complaints in support of its action, which alleges infringement of the principle of proportionality by the contested national legislation, in particular with regard to the procedure and criteria leading to the award of must-carry status to radio and television networks.
      First, it alleges that the defendant has failed to establish in a clear and foreseeable manner the objectives of general interest which justify the award of must-carry status. Broadcasters are therefore not in a position to ascertain in advance the nature and the scope of the conditions to be satisfied and the public service obligations it is required to observe.
      Second, the Commission complains of the lack of transparency with regard to the award procedure, of the increased discretion conferred on the authorities in that the national legislation seems to impose on the bodies concerned the obligation to transmit all of the channels which it transmits and not only those channels pursuing the required objectives of general interest, as well as the discriminatory effect of the requirement as to establishment of those bodies in the national territory.
      Third, the applicant alleges that the scope of Article 31 of the ‘Universal Service Directive’ was ignored with regard to making the broadcasting subject to the existence of a significant number of end-users of broadcast networks.

         (1)  OJ 2002 L 108, p. 51.


				|

		52012DC0433

			COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Strategy for the sustainable competitiveness of the construction sector and its enterprises /* COM/2012/0433 final */

			   	COMMUNICATION FROM THE COMMISSION TO
THE EUROPEAN PARLIAMENT AND THE COUNCIL
Strategy for the sustainable
competitiveness of the construction sector and its enterprises
1. Introduction
The construction
sector plays an important role in the European economy. It generates almost 10 %
of GDP and provides 20 million jobs, mainly in micro and small enterprises.
Construction is also a major consumer of intermediate products (raw materials,
chemicals, electrical and electronic equipment, etc.) and related services.
Because of its economic importance, the performance of the construction sector
can significantly influence the development of the overall economy.
The quality of
construction works also has a direct impact on the quality of life of
Europeans. Not least, the energy performance of buildings and resource
efficiency in manufacturing, transport and the use of products for the
construction of buildings and infrastructures have an important impact on
energy, climate change and the environment.
The competitiveness
of construction companies is therefore an important issue not only for growth
and employment in general but also to ensure the sustainability of the sector.
The sector could
contribute significantly to job creation[1]
by increasing its activity in some very promising areas, such as the renovation
of buildings and in infrastructure, with support through, for example,
appropriate policies to promote demand but also to encourage investment. Thus,
the construction sector plays an important role in the delivery of the Europe
2020 Strategy on smart, sustainable and inclusive growth. Furthermore, the
Commission’s Communication on the ‘Energy Roadmap 2050’[2] points out that higher energy efficiency in new and existing buildings is key for
the transformation of the EU’s energy system.
A sustainable
construction sector plays a crucial role for reaching the EU's long term 80-95%
greenhouse gas emission reduction objective. According to the Roadmap for
moving to a competitive low carbon economy in 2050[3] the cost-efficient contribution
of the buildings sector would be around 40 to 50% reduction in 2030 and around
90% in 2050. The needed investments would contribute substantially to the
competitiveness of the European construction sector. The sector has also an important role to play in adaptation to climate
change and resilience to natural and man-made disasters by promoting long term
disaster proofed investments.
However, the
construction sector is confronted by a number of structural problems, such as a
shortfall of skilled workers in many companies, low attractiveness to young
people due to the working conditions, limited capacity for innovation and the
phenomenon of undeclared work. More widely, the current situation of this
industry can be characterised by three basic elements.
Firstly, the
construction sector is one of the hardest hit by the financial and economic
crisis (building and infrastructure works fell by 16 % between January
2008 and November 2011 across the EU-27[4]).
Secondly, there is increased competition from non-European operators not only
in international markets, but also within the internal market, particularly
with regard to infrastructure projects. This external competition does not
always operate fairly; EU companies are often faced with far greater costs than
non-European companies. Finally, the energy and environmental issues have
created a new dynamic among companies and stimulated various public-sector
initiatives which have become key factors in market competition. Significant
progress has already been made by construction enterprises but achieving the
EU’s climate, energy and environmental objectives will require significant
changes that will be difficult for the sector to tackle without appropriate
policy support.
The
present Communication identifies the main challenges that the sector faces
today and up to 2020 in terms of investment, human capital, environmental
requirements, regulation and access to markets, and proposes initiatives to
support the sector for this purpose. In the short term, emphasis is put on the
need to support growth and employment in the construction sector in response to
the crisis. In the long term, the challenges the industry faces will require a
concerted and coordinated approach at European level to improve the functioning
of the value chain, particularly through voluntary partnerships between the
private and public sectors and an appropriate regulatory framework, where
necessary.
2. State of play and key challenges
The
diversity of the activities
within each branch of the construction sector results in
contrasting realities in terms of
socio-economic, organisational, cultural and technological issues and
adaptation to new regulations and
market opportunities.
There
are global challenges that can become enablers of sustainable growth in the
medium term provided appropriate measures are taken now. This could result in
the development of a range of services to address issues such as health and
safety, energy efficiency, green building,
disaster resilience,  indoor climate, re-use/recovery/recycling and
design to fit. If properly addressed, these challenges could also open up new
market opportunities.
2.1 The general macroeconomic context
The
financial crisis has particularly affected the construction sector;
there have been severe drops in demand especially in the private residential
market but also in other markets, e.g. the infrastructure market. Trends differ
from one Member State to another. In some, the burst of
the housing bubble was one of the triggers and has continued to significantly
reduce activity in the sector[5].
In others, the sector suffers particularly from the contraction of credit
markets. The constraints on public spending due to the
crisis will put further pressure on investments in infrastructure works.
Some
countries have invested in stimuli packages as a response to the crisis,
for example with up-front investments in infrastructure projects, a reduced VAT
rate for new construction and/or renovation of buildings, preferential interest
rates for mortgages, etc. However only those approaches that include measures
aiming at upgrading skills and qualifications, innovation and a ‘green’ economy
will also have lasting effects on the competitiveness of the sector. This
highlights the need for an appropriate policy formulation that stimulates
growth and employment on the short term but also a restructuring of the
construction sector in the long term.
2.2 The performance of the value chain
The
markets of the EU construction sector and the sector itself are highly fragmented,
with many micro-enterprises, large differences between Member States in the
performance of the sector and considerable difficulty in spreading good
practices. Better value-chain integration would significantly increase the
scope for spill-over innovation effects from collaboration.
On-site
construction, and to a lesser extent the manufacturers of construction
products, will increasingly be confronted with the need for skilled
labour. The huge number of skilled people
retiring between now and 2020[6], representing over two thirds of jobs in construction,
industry and transportation, will also need to be replaced.
The chronic shortage of skilled labour can be explained, on the one
hand, by the low attractiveness of the sector for young people
and, on the other, by the growing need for skills corresponding to specific
qualifications, which education and training (as well as the employment market)
have difficulty in satisfying. The
transition to a resource-efficient and low-carbon economy will also bring important structural changes
in the construction sector, which will have to adapt and anticipate the needs for skills and competences in these
areas. This is especially the case regarding the preparation of the labour
force for the construction of ‘near zero energy buildings’, whether this
concerns new or renovated buildings. The deployment of
enabling technologies and the use of flexible work-organisation practices will also require changes in skills and qualifications in
construction.
Spending on
research and innovation remains quite low compared with industry in
general. This can however be explained by the intensive manpower requirements
and the fact that the main interest of construction enterprises is to integrate
available external technological developments into their activities. The sector will probably intensify its efforts in research and
innovation to cope with the high consumption of inputs
(such as metallic and non-metallic minerals, chemicals and wood) and the production of large quantities of
waste. Moreover, the industry is developing more and more
materials that are easier to collect
and reuse and systems or ‘building solutions’ that facilitate the
‘deconstruction’ of the works and
the re-use of materials. These efforts
are in line with the new basic requirement listed in the Construction Products Regulation concerning sustainable use
of natural resources, as well as with the Raw Materials
Initiative (RMI), through the possible development of best practices in
the collection and treatment of waste, especially in recovery/reuse of
valuable materials from waste, and through support for research on economic
incentives for recycling/recovery. However, EU and national initiatives need to
accelerate the uptake of innovative solutions and best practices.
2.3 The
low-carbon economy
As announced in the recast
of the Energy Performance of Buildings Directive[7], the introduction of Nearly
Zero Energy Buildings (NZEB)[8]
is going to be a major challenge for the construction sector. The market has
several years to adapt but support is required for all market actors, ranging
from public bodies (which need to implement two years in advance) to
construction companies, designers, developers, etc. Adaptation will also be
required for areas such as financing structure, procurement, education and
marketing.
While the number of ‘low-energy’
buildings is growing, a critical mass has yet to be reached and efforts to
improve energy efficiency and to integrate renewable energy sources are
progressing slowly. The enforcement of the regulatory framework, together with
appropriate fiscal policies, should help to achieve a critical mass.
Also,
in the area of renovation of
existing buildings, more needs to be done to increase energy savings. Moreover, the number of existing building
undergoing extensive renovation is relatively modest. The ‘Strategy for a competitive, sustainable and secure energy’[9], the ‘Roadmap for moving to a competitive low-carbon economy in
2050’[10] and the ‘Energy Roadmap 2050’[11] therefore put emphasis on the need for more action in the field of buildings, especially favouring renovation. This line will have to be pursued.
Transport
infrastructure has an enormous environmental impact
as well as substantial energy and raw materials consumption and waste
generation. Infrastructure networks must make a major contribution towards a
more sustainable Europe.
2.4 Competition between construction
enterprises within the EU and in international markets
Competition in EU markets has
improved through the application of
public procurement directives, the
implementation of the services directive and the
adoption of the European design and construction
standards (‘Eurocodes’). However, EU companies engaged in this competition are not always on an
equal footing, especially with non-European
companies which are often subject to less
stringent social and environmental requirements and benefit from state aid.
Member States should ensure that EU companies and non-EU companies compete for
public contracts on an equal footing without jeopardising EU
social and environmental achievements.
The situation in international markets is even more difficult. Industry often faces
serious difficulties not only from the technical
point of view but also in terms of the conditions of
competition in other countries,
e.g. China, which limit the
opportunities to access these markets. However, as European construction markets are expected to grow at a
slower rate than the emerging markets, the sector will need to develop and
maintain a stronger global perspective. It is important for EU construction
companies that third countries open their markets for EU companies to compete
on contracts. The
EU should strengthen its power to engage non-EU
countries in negotiations to open their commercial as well as procurement
markets further, to investigate possible discriminatory
procurement practices and to start consultations with the country concerned to
solve market-access disputes.
3. European strategy for the
sustainable competitiveness of the construction sector
In order to respond to the key challenges outlined above, a European strategy has been defined for the next
decade. It is intended to complement the strategies developed by the
enterprises of the construction sector themselves to improve their
competitiveness and to respond to societal challenges.
This strategy focuses
on five key objectives: (a)
stimulating favourable investment conditions; (b) improving the human-capital
basis of the construction sector; (c) improving resource efficiency,
environmental performance and business opportunities; (d) strengthening the
Internal Market for construction; (e) fostering the global competitive position
of EU construction enterprises. Each objective covers different key challenges;
for example, favourable investment conditions are necessary for stimulating
growth, research & innovation and the low-carbon economy. Similarly, a
sound human-capital basis is essential to improve the performance of the value
chain and to adopt innovative solutions, in particular for a low-carbon
economy. On the one hand, the strategy suggests recommendations that
could address the short to medium-term economic and employment challenges faced
by the construction sector. On the other hand, it presents a number of
recommendations with a long-term perspective to ensure durable effects on the
competitiveness of the sector.
3.1 Stimulating favourable investment
conditions
Building
renovation and TransEuropean Networks projects can revitalise the growth of the
construction sector while helping achieve the objectives of the European
Energy, Transport and Cohesion Policies. Moreover, combating late-payment
practices will improve the financial viability of construction contractors, in
particular craft and small builders, as well as their access to credit. In the
long term, the construction sector should increase its capacity to innovate
with a view to improving its productivity as well as the added value and the
environmental performances of all branches of the value chain.
3.1.1 Short-term measures
Particular
emphasis should be put on encouraging the activity of building renovation
and infrastructure maintenance, which represents an important share of
total construction employment and production. In particular, current building
renovation rates[12]
and practices in terms of energy-efficiency improvement are insufficient to
achieve EU 2020 energy-saving targets. Adopting the proposed targets of
annually renovating 3 % of central government buildings[13] (a doubling of the current
renovation rate) as well as 2 % of the whole building stock[14] to cost-optimal levels would
not only contribute to achieving the targets but also ensure economic growth
and employment at local level throughout the EU. However, the acceptance of
these improvements necessitates overcoming a number of regulatory, economic and
financial barriers.
First
of all, Member States should properly implement and enforce the Energy
Performance of Buildings Directive[15].
In some Member States, a low level of ambition and a failure to enforce
building energy codes hamper energy efficiency in buildings and thus fail to
stimulate the construction sector.
Fiscal
incentives[16]and
financial support measures are well accepted by
market operators and boost the renovation of existing buildings. However,
national schemes and their impact vary greatly. Therefore, an exchange of
experiences could be very helpful in understanding potential effects from
different angles as well as the risks of imperfect implementation and
unintended consequences. Complementarities between these national schemes on
the one hand, and EU and private funds and financial instruments on the other,
should also be sought in order to optimise the leverage effect.
The EU provides
support and funding through various mechanisms and the Member States should
make more use of them. Structural and Cohesion Funds (2007-2013)
may be used for energy-efficiency and renewable-energy
investments not only in public and commercial buildings but also in existing
housing. In addition, financial-engineering instruments
such as JESSICA offer the possibility to invest in small urban development and
regeneration projects that would not be financed through normal market
mechanisms. Equity funds and loan guarantees from the European Investment Bank
(EIB), the European Bank for Reconstruction and Development (EBRD) and the
European Energy Efficiency Fund (EEEF) together with project development
assistance to final recipients, such as ELENA, also provide opportunities to
leverage public grants.
A
scheme that could stimulate investments in resource-efficient renovation is the
development of design-build-operation services for small renovation
projects with contractual guarantees of building performances.
This market segment is becoming interesting not only for energy-services companies
(ESCOs) but also for specialised small contractors that could potentially also
offer performance guarantees for a range of building services. Public
intervention could support the development of such services, in particular in
public procurement and in the residential sector, together with the development
of insurance products that could cover the technical risks related to
performance guarantees. In particular, public authorities should ensure
the integration of active energy management and smart metering in renovation.
Finally,
it is important that construction enterprises can access their own financial
resources within a reasonable time. The new Late Payment Directive[17] introduces more stringent
provisions, in particular through harmonising the period for payment by public
authorities to businesses, increasing the statutory interest rate for late
payment and allowing businesses to obtain the reimbursement of their recovery
costs. In the context of the revision of the EU Public Procurement Directives, the
Commission proposed that Member States should be able to stipulate that
sub-contractors may request direct payment by the contracting authority for
supplies, works and services provided to the main contractor in the context of
the contract performance.
 The Commission: ·                         will present by the end of 2012 an analysis of various EU and national financial instruments supporting energy efficiency in buildings, possibly including recommendations as to how public funding could be better utilised to stimulate building renovation; ·                         will present in 2013 the preliminary conclusions of an ongoing pilot project aiming at investigating the scope for deploying insurance schemes that could cover contractual performance guarantees and cross-border services, especially for small building contractors; ·                         will launch in 2012 an information campaign for enterprises on combating late payment in commercial transactions in all Member States ·                         will implement in 2012, in connection with the Late Payment Directive, a pilot project for the rapid and efficient enforcement of outstanding claims by SMEs operating across borders. Member States are invited: ·                         to develop or strengthen appropriate programmes for repair, maintenance and renovation projects with ambitious sustainability targets, including examining the scope for relevant fiscal and financial instruments (reduced VAT rate, targeted subsidies, etc.) and for credit mechanisms for renovation projects with ambitious sustainability targets. ·                         to promote the use of financial instruments and project-development assistance schemes offered by the Structural Funds, EIB, EBRD and EEEF for small renovation projects with contractual guarantees on building performances, including the frontloading of Structural Funds for energy-efficient buildings.
3.1.2 Medium to long-term measures
The new proposal for an EU Cohesion Policy
for 2014-2020[18]
places even greater emphasis on supporting investments related to EU climate
and energy targets and suggests nearly doubling the amount allocated to
sustainable energy in the current period. It is proposed that a significant
share of the Structural and Cohesion Funds be allocated to investments
supporting the shift towards the low-carbon economy, in particular energy
efficiency and renewable energy sources, including for building renovation, and
financial instruments will most likely play a more important role in the future
for tailored energy-efficiency and renewable-energies investments in urban
infrastructure and the building sector.
The
development of a ’Core Network’, as proposed by the European Commission,
ensuring efficient multi-modal transport links between EU capitals and other
main cities, ports, airports and other main economic centres is essential for
the economy. The European Commission presented a new package of measures on 19
October 2011 designed to create a favourable framework for the development of Trans-European
Networks for Transport (TEN-T). This package includes the revised
Guidelines for the trans-European Network of Transport, the ‘Connecting Europe Facility’
with a total budget of 50 billion euros and a proposal for the early
implementation of project bonds with the European Investment Bank.
The
objective is to have a ‘comprehensive’ network in place by 31 December 2050 at
the latest, whereas the core network is to be implemented as a priority by 31
December 2030. The core network corridors, as proposed by the European
Commission on 19 October 2011, and their ‘platforms’ will bring together the
Member States concerned, as well as the relevant stakeholders, e.g.
infrastructure managers and users, to guarantee coordination, cooperation and
transparency. In addition to these proposals, a minimal alignment of the
national administrative procedures will be necessary to ensure smooth
implementation of cross-border sections of the networks.
Research and
innovation activities should combine
technology-oriented activities[19]
with socio-economic research into market-based and demand-side instruments
(training, public procurement, standardisation, insurance, etc.) in order to
accelerate the transition from research to the exploitation of innovative
solutions. This would require a broader partnership with various interests
within the initiatives that will be financed by various EU financial
instruments in order to achieve a wider market perspective and to create a
critical mass. In this respect, existing initiatives such as the
Energy-efficient Buildings Public Private Partnership,Culture Heritage, Smart
Cities and Communities and reFINE (research for Future Infrastructure
Networks in Europe) could represent a relevant basis for developing such
partnerships. EU Cohesion Policy can provide support for research and
innovation in these areas under national programmes and will also continue to
place a strong emphasis on enhancing the competitiveness of SMEs, including
their use of ICT. In particular, the development of innovation strategies for
smart specialisation, as proposed by the Commission as a precondition for the
use of Structural Funds in the next programming period 2014-2020, will
contribute to delivering more targeted Structural Funds support and a strategic
approach to harnessing the potential for smart growth in all regions[20].
 The Commission: ·                         has proposed in the context of the Cohesion Policy for 2014-2020 that a significant share of the Structural and Cohesion Funds be effectively allocated to investments supporting the shift towards the low-carbon economy, in particular energy efficiency and renewable energy sources, including for building renovation, and will continue to encourage the use of revolving funds in this area to ensure greater leverage; ·                         will develop a core set of requirements for construction works to be satisfied by cross-border sections of TENs projects in order to ensure a minimal alignment at a technical level of the respective national permit-granting processes; ·                         will organise, in spring 2013, a conference on innovation in the construction sector to identify the technological gaps along the entire value-chain and to define an action plan to address them. The Member States are invited: to develop with other Member States and the private sector joint co-ordinated initiatives combining research, technological development, innovative procurement, certification, insurance, interregional clusters, etc. to speed up the market uptake of new knowledge and technologies at EU and regional levels. The EU will support these initiatives with Horizon 2020 and Competitiveness of enterprises and SMEs (COSME) 2014-2020, not only with direct grants but also with financial instruments to improve access to finance for SMEs in the form of equity and debt. National and regional authorities are invited to ensure an efficient and complementary use of the various EU sources of support, including Cohesion Policy funds provided the related operational programmes allow for such measures
3.2. Improving the human-capital basis
of the construction sector
Nowadays,
there is a significant shortfall of qualified workers for on-site construction
enterprises and to a lesser extent for the construction products’ industry. Moreover, education and training systems across Europe
display great variety in the degree of centralisation or decentralisation, the
structure of training provision, the role of the social partners, financial
structures and curriculum content.
It
is necessary to better anticipate future skills and qualification needs, to
attract a sufficient number of students to relevant construction professions
and to create the conditions for a better working environment and career management,
for a greater mobility of construction workers and for wider provision of
cross-border services. This has to take account of the impact of the ageing of
the EU workforce and of the specific occupational health and safety situation
of the sector.
3.2.1 Short-term measures
The
BUILD UP Skills initiative carried out under the Intelligent Energy Europe
Programme aims at adapting the vocational education and training (VET) system
to skills and qualifications needs in terms of energy efficiency and renewable
energy sources. BUILD UP Skills will allow the definition of national
qualification roadmaps to 2020 and support the setting up of large-scale
training and certification schemes as well as qualification design to upgrade
existing structures, where relevant, with the support of funding instruments
like the European Social Fund and the Lifelong Learning Programme and its
proposed successor programme, Erasmus For All. It would increase the number of
qualified on-site workers on the market and improve the confidence of
building-owners to invest in energy improvements.
This
initiative could also serve as a basis for identifying curricula, training
programmes or qualifications needs in other areas related to construction and
sustainable development (e.g. the industrialisation of the construction
process, the use of innovative or unconventional construction products and
techniques, the recourse to ICT in building management systems, etc.).
 The Commission: ·                         will carry out an evaluation of the BUILD UP Skills initiative and in particular assess whether it is worthwhile extending the scope of the first initiative to include additional categories of building professionals or to other qualification needs in relation to the construction process and sustainable development. Member States, construction organisations and education institutions are invited: ·                         to negotiate collective agreements to support skill development in relation to the BUILD UP Skill initiative or other similar schemes.
3.2.2 Medium to long-term measures
The construction sector should improve its ability to identify and
anticipate skill needs from a
strategic perspective and to tailor training and qualification-design programmes
accordingly. Platforms exist in some countries to identify future employment
and skills needs with an indirect impact on the construction sector.
An initiative at European level with the
support of social dialogue could improve the exchange of information on these needs,
including the sector’s readiness to adopt resource-efficiency practices and to
supply sustainable buildings, as well as the ability of education
systems to meet these needs.
In this context, the European Commission will support a feasibility
study by the European social partners on the establishment of a European Sector
Skills Council. European Sector Skills Councils are networks of national
observatories on labour-market and skills analysis at a sectoral level, which,
under the steering of sectors' representatives, European social partners, and
with the participation of representatives of education and training providers,
exchange information and good practices in order to draw recommendations on the
evolution of skills and jobs.
Also in 2012, the Commission will test the feasibility in
sustainable construction of Sector Skills Alliances between VET providers,
businesses and other stakeholders, with the aim of delivering appropriate,
updated and new curricula and courses as well as innovative ways of delivering
VET.
Promotion and
deployment of instruments developed
in the context of EU policy
on continuing education should encourage
the mobility of skilled workers.
The Posting of Workers Directive establishes a hard core of clearly defined
terms and conditions of work and employment for minimum protection of workers
that must be complied with by the service provider in the host country. The
Directive thus provides an adequate level of protection for posted workers.. To
avoid any abuse and circumvention of rules, and to avoid ‘social dumping’ where
non-host Member State service providers can undercut local service providers
because their labour standards are lower, the enforcement of the Posting of
Workers Directive is to be improved, in particular through better information
on the applicable working conditions, more efficient administrative cooperation
and information exchange between inspection authorities, more effective
inspections and the introduction of joint and several liability for the wages
of posted workers.
Finally,
the sector faces a dual challenge due to demographic changes. On the one hand,
EU construction enterprises should look for strategies to counterbalance the
declining number of young EU workers entering the sector and the considerable
number of workers retiring in the next years; on the other, working conditions
should be improved to ensure higher life expectancy. This dual challenge
require a more attractive working environment and more attention to health and
safety issues in the future, to avoid early retirements due to occupational
accidents or diseases.
 The Commission: ·                         will promotein the context of the EU Social Dialogue initiatives aimed at adapting vocational education and training to the future qualifications and skills needs of the construction sector, including in relation to resource efficiency, identifying basic requirements for skills in specific branches and facilitating the mutual recognition of qualifications; ·                         will support the European sectoral social partners of the construction industry to create a European sector skills council for the construction sector; ·                         will encourage them to develop initiatives in areas such as energy and resource efficiency in buildings, health and safety, quality standards and training, including apprenticeship for young people. These initiatives may take the form of information campaigns and training and include, depending on the national context, joint management of funds ·                         will, through the Lifelong Learning Programme, test the feasibility of Sectoral Skills Alliances in sustainable construction, i.e. partnerships between VET providers, businesses and other stakeholders, with the aim of delivering appropriate curricula or VET qualifications as well as innovative ways of delivering VET.   Member States, social partners in the construction industry and education institutions are invited: ·                         to act swiftly to adopt the newly proposed directive[21] on the enforcement of Directive 96/71/EC on the posting of workers in the framework of the provision of services; ·                         to establish partnerships for supporting appropriate vocational education and training schemes at national and regional levels, which respond to current and emerging needs of the construction sector, in particular to enhance management capacity and the deployment of ICT; ·                         to launch and support campaigns to make the construction sector more attractive to talented people.
3.3 Improving resource efficiency,
environmental performance and business opportunities
The
Roadmap to a Resource-Efficient Europe[22]
outlines the significant impact of construction on natural resources, energy,
the environment and climate change. Significant improvements in construction
activities and construction works all over their life cycle have the potential
to contribute to a competitive construction sector and to the development of a
resource and energy efficient building stock, with all new buildings being near
zero energy consumers and materials resource-efficient.
Improvements
in construction activities and construction works open up additional business
opportunities, including for SMEs as the action needed may depend on local
conditions and require individual solutions. As already stated in the Roadmap
to a Resource-Efficient Europe, the Commission will come forward in 2013 with a
communication on sustainable buildings, where actions to support a resource
efficient sector will be further defined and developed.
In
order to allow the concept of sustainable construction to be better understood
and more widely used harmonised indicators, codes and methods for assessments
of environmental performances will need to be developed
for construction products, processes and works. These should ensure a coherent
and mutually recognised interpretation of the performances and maintain the
proper functioning of the Internal Market for construction products and services.
The Commission will
propose approaches to mutual
recognition or harmonisation
of the various existing assessment
methods, also with a view to making them more
operational and affordable for construction
enterprises, the insurance industry and investors. This initiative will build on
existing platforms, such as the CEN
Construction Network, guides such as the
JRC’s guide to Life Cycle Thinking and Assessment, and
European research projects such as SuperBuildings and Open House.
This
work will furthermore contribute to the development of a more
systematic approach to assessing the sustainability dimensions of projects to be
financed by public support schemes, including EU-wide
models for cost-benefits analysis. Pilot projects developed within the context
of Green Public Procurement and regional policy could provide planning and
contracting authorities with the appropriate tools, especially for the
renovation of existing buildings and the upgrading of transport infrastructure.
Industry
stakeholders reported during the public consultation that some construction
projects may be hampered by the national authorisation process, e.g. delays due
to public opposition, expropriation issues and the need to obtain several
different permits including environmental ones. Such issues were identified in
the context of the ongoing review of the Environmental Impact Assessment (EIA)
Directive[23],
which aims inter alia at simplifying and streamlining existing procedures, and
will therefore have a positive impact in this regard, as the EIA is part of the
authorisation process. The majority of obstacles result from the various
provisions of national legislations and administrative procedures regulating
the permit-granting process. This may impede the formation of a level playing field
and the dissemination of environmental technologies. Whereas it is recognised
that these legislations often include areas of exclusive competence of Member
States (e.g. property issues), the Commission will encourage the exchange of
information and promotion of best practices, e.g. through voluntary adoption of
codes of conduct covering issues such as the duration and steps of the
permit-granting process or the establishment of an arbitration process between
administrations.
Finally,
the goal of re-using, recycling and/or recovering 70 % of construction and
demolition waste by 2020 according to the Waste Framework Directive represents
a valuable business opportunity for the construction value chain. Better and
clearer definitions of waste, harmonised registration conditions for
transporting waste and harmonised rules on the characteristics of construction
products regarding material use, durability and environmental compatibility
could be beneficial to industry.
 The Commission: ·                         will present initiatives to improve the mutual recognition of environmental performances and risk-assessment methods, in particular within the context of EU standardisation activities and insurance schemes; ·                         will support the development of an EU-wide life cycle cost-benefits model for Green Public Procurement and for sustainable development principles in regional policy; ·                         will assess hindrances resulting from national legislation governing the authorisation process for major construction projects, with a view to identifying good practices for streamlining the procedures (e.g. codes of conduct for the permit-granting process, arbitration process between administrations); ·                         will develop harmonised rules on the declaration of the performance characteristics of construction products in relation to a sustainable use of natural resources in the context of the Construction Products Regulation. Member States are invited: ·                         to evaluate the performance of various construction sub-sectors in terms of competitiveness and sustainable development at national and regional levels.
3.4 Strengthening the Internal Market
for Construction
The
construction sector is highly regulated at many levels (e.g. the products,
works, professional qualifications, occupational health and safety,
environmental impact) and many aspects are Member States’ competences. In order
to ensure a better functioning of the Internal Market for construction products
and services, it is important that the legal framework is as clear and
predictable as possible and that administrative costs are proportionate to the
objectives pursued.
This
will require a more systematic analysis of the various regulatory approaches
and administrative provisions that govern the implementation of EU legislation
concerning the construction sector. This analysis will show how various EU
legal acts interact at European and national levels and if clarification or
additional measures are needed to reduce the administrative burden on
construction operators and improve the functioning of the Internal Market in
the construction sector. Regarding cross-border services, ‘performance checks’
that were made in 2011-2012, have assessed the cross-impact of various EU legal
acts affecting construction enterprises, thus identifying certain
misapplication of EU legislation and needs for clarification and new measures
to be taken. It will generate recommendations for accelerating the process of
convergence of different national and regional regulatory approaches.
Eurocodes could
facilitate this convergence process. They constitute a set of design standards
and the most up-to-date codes of practice applicable to all principal
construction materials, all major fields of structural engineering and a wide
range of types of structures and products. It is a flexible tool as each
country has the option of adapting the Eurocodes to their specific conditions
and risk assessment regarding climate, seismic risk, traditions, etc. The
Commission strongly encourages the EU Member States to take on board the Eurocodes as their national design
codes[24]
to ensure that buildings are disaster
proofed .
Communication and
dissemination activities, such as the BUILD UP web portal[25] could also support the
implementation of legislation and the uptake of new market solutions.
 The Commission: ·                         will undertake ‘fitness checks’ of EU legislation to identify excessive administrative burdens, overlaps, gaps, inconsistencies and obsolete measures; ·                         will target construction as a priority in the follow up of the Communication on the implementation of the Services Directive "A partnership for a new growth in services"[26]; ·                         will present a report on the implementation of Eurocodes in Member States in response to the Commission Recommendation 2003/887/EC; based on the results of this report, it will then propose action to strengthen or, if need be, enforce the use of Eurocodes in Public Procurement and other instruments., such as national risk assessments and management plans. Member States are invited: ·                         to develop effective tools for market surveillance in relation to the implementation of European legislation, as part of the application of Regulation 765/2008/EC.
3.5 Fostering the global competitive
position of EU construction enterprises
Since
2006, in the context of its international trade negotiations, the EU has been
increasingly seeking ambitious market-access commitments by other trading
partners on trade in services and public procurement, especially in the
public-works area. One of the latest achievements is the opening up of the
Korean concession contracts to EU suppliers in the EU-Korea Free Trade
Agreement.
Specific intercontinental fora with Africa and Latin America on
sustainable construction could stimulate a transformation of public procurement
in these markets towards performance criteria,
sustainability and cost-effectiveness.
The
EU-Africa partnership for transport infrastructure[27] provides opportunities to improve transcontinental
connections and create a more reliable and safer transport system.
As
for the financing of infrastructure, various EU financial instruments and
cooperation funds could moreover support the implementation of relevant
measures.
The
EU initiative ‘Small Business, Big World’ will offer relevant information,
advice and assistance to small specialised contractors in their attempt to
access international markets and to find potential business partners. The European
Regional Development Fund (ERDF) also facilitates the development of new
business models for SMEs, in particular for internationalisation.
There is
considerable interest in the use of EN Eurocodes outside the EU by countries
that want to replace or update their national standards based on technically
advanced codes, or which are interested in trading with the European Union and EFTA Member States. The EU — Russia Regulatory
dialogue has made significant progress in this respect.
 The Commission: ·                         has proposed a legislative initiative[28] with a view to ensuring the opening up of third countries’ procurement markets and a level playing field between EU companies and their competitors from abroad; ·                         will continue to insist on securing ambitious market access commitments from partner countries in trade negotiations, regarding access to both commercial and procurement markets. ·                         will liaise with the European Investment Bank to enhance the scope for using EU financial instruments in support of transcontinental connections; ·                         will provide financial support for technical assistance to aid the internationalisation of small specialised contractors; ·                         will develop cooperation with third countries, in particular Africa and Latin America, but also in the context of the EU-Russia Regulatory dialogue, the EU Neighbourhood policy and the Euro-Mediterranean Partnership, concerning sustainable construction in public procurement, notably by encouraging these partners to use the Eurocodes as a tool for implementing their construction regulations. Member States are invited: ·                         to act swiftly to adopt the newly proposed regulation[29] on the access of third-country goods and services to the EU internal market in public procurement and procedures supporting negotiations on access of EU goods and services to the public-procurement markets of third countries.
4. Governance and implementation of
the strategy
An action plan providing details on the expected outcome from each
recommendation, the share of competence between the European Commission, the
Member States and sector organisations and the timeline for implementation is
attached to the present Communication.
Implementation of the
strategy requires streamlining and coordination of the many ongoing
initiatives at EU, national and sectoral levels to create more synergies and
maximise their impact in the short, medium and long term. It should be based on a governance
structure that combines coordination and monitoring from both a thematic and a strategic perspective, including:
·
A
high-level tripartite strategic forum (Commission,
Member States, sectoral representatives) that would
comment on the EU initiatives
that affect construction and on the implementation
of the strategy, subsequently making
recommendations on any necessary adjustments of
the strategy or new initiatives to be
launched.
·
The creation of thematic groups composed of
Member States and sectoral representatives with an
interest in specific priorities of the strategy, which should
liaise with existing European networks and projects. These groups will
be supervised by the Commission
services in charge of the specific
topic addressed by each group.
This structure would
allow both strategic guidance from the EU and a bottom-up initiative from
Member States together with the construction sub-sectors. Cooperation must be strengthened between sub-sectors and
across the value chain in order to
meet global challenges.
5. Conclusions
Given
the importance of the construction sector for the EU’s GDP and employment, as
well as its role in the achievement of some of the critical climate,
environmental and energy-related objectives, the competitiveness of this sector
is a permanent political priority.
Furthermore,
especially in times of financial and economic crisis, EU policies in the areas
of climate change, energy efficiency and renewable energies, in particular in
the context of a policy for sustained encouragement of building renovation, should
be seen as an opportunity to revitalise business and employment in the
construction sector.
This
Communication identifies areas with growth potential for the enterprises of the
construction sector, often within existing policy strategies and instruments.
Full implementation of these EU strategies should, for instance, encourage
long-term investment in TransEuropean Networks, in research & innovation
and in a stronger human capital base, thus reinforcing the competitiveness of
the construction sector both within the EU Internal Market and in international
markets. This should be accompanied by a clear and coherent legal framework and
harmonised performance-assessment methods for sustainability in order to ensure
proper functioning of the Internal Market for construction products and
services.
The
success of the proposed strategy depends on the commitment of Member States and
construction stakeholders at various levels:
·
the high level tripartite strategic forum should
have a clear brief to conduct a critical appraisal of the construction sector’s
performance;
·
Member States and construction stakeholders
should ensure appropriate links with national and sectoral agendas for
construction;
·
Member States and construction stakeholders
should facilitate the transfer of experience and good practices from the
thematic groups so as to achieve their operational implementation in
construction businesses;
·
Each policy intervention should be monitored and
assessed against a number of indicators.
ANNEX – ACTION PLAN
Short term actions (2012-2014) –
reference in sections 3.1.1 and 3.2.1 of the Communication
 Actions || Output || Policy context || Main competence || Time horizon
 Analysis of various EU and national financial instruments supporting energy efficiency in buildings || European Commission report and recommendations on financial support for energy efficiency in buildings || Directive 2010/31/EU on energy performance of buildings/ Energy Efficiency Action Plan 2011 || European Commission || Ongoing – end in 2013
 Fiscal instruments and credit mechanisms for renovation projects proportional to the sustainability targets to be achieved || Staff Working Document on the implementation by Member States of energy efficiency measures (including fiscal instruments and credit mechanisms in the building sector) based on National Energy Efficiency Action Plans || Directive 2006/32/EC on energy end-use efficiency and energy services/Directive 2010/31/EU on energy performance of buildings || European Commission || 2012-2013
 Pilot project on insurance and performance guarantee || Preliminary recommendations on insurance schemes to cover performance guarantees by small building contractors || New pilot project supported by the European Parliament (started in 2012) || European Commission || 2013
 Information campaign on new Late payment Directive || Raising awareness of contractors rights on payment terms || Directive 2011/7/EU || European Commission || 2012
 Pilot project for the rapid and efficient enforcement of outstanding claims by SMEs operating across borders || Raising awareness of contractors rights on payment terms || Directive 2011/7/EU || European Commission || 2012-2013
 Evaluation of the BUILD UP Skills initiative with a view to extend the initiative to other categories of building professionals and other qualification needs || Evaluation Report || Intelligent Energy Europe Programme || European Commission || 2013-2014
 Financial engineering instruments and project development assistance for small scale renovation projects with contractual guarantees on building performances || Report from MS on the implementation of the financial instruments and mechanisms || Structural Funds || Member States || 2012-2014
 Inclusion of Build-up skills roadmaps under the priorities for 2014-2020 European Social Fund financing || Build-up skills roadmaps rolled out through the ESF financing || Energy policy Regional policy Employment policy || European Commission Member States || 2012-2013
Mid to long term actions (2014-2020)
1.
Stimulating favourable investment conditions – references in section 3.1.2 of
the Communication
 Actions || Output || Policy context || Competence || Time horizon
 Minimal alignment at a technical level of national permit granting process for TENs cross border sections || Common EU technical specification || Trans-European Networks for Transport || European Commission || 2014 - 2016
 Identification of technological gaps in the construction value chain and development of an action plan to address these gaps || Conference and recommendations on innovation priorities for construction || Innovation Policy || European Commission || 2013
 Joint coordinated initiatives between Member States and private actors combining research-innovation-procurement, certification, insurance, interregional clusters, etc to speed up the uptake of new knowledge and technologies at EU and regional levels || Projects || Horizon 2020 COSME EU Cohesion Policy Funds || Member States || 2014 - 2020
2. Improving
the human capital basis – references in section 3.2.2 in the Communication
 Actions || Output || Policy context || Competence || Time horizon
 EU Social Dialogue’ initiatives for adapting vocational education and training to the future qualifications needs of the construction sector, identifying basic requirements for skills in specific branches and facilitating the mutual recognition of qualifications || Study to develop an information platform || EU Social dialogue || European Commission || 2012 - 2014
 Creation of a EU Sector Skill Council for construction to develop initiatives in the fields of energy and resource efficiency in buildings, health and safety, quality standards, apprenticeship, joint management of funds by social partners, etc. || EU Sector Skill Council || EU social dialogue || European Commission || 2013-2016
 EU Sector Skills Alliance in sustainable construction || Partnerships to deliver adapted curricula or Vocational and Educational Training (VET) qualifications in innovative ways || New jobs for new skills || European Commission || 2013 - 2016
 To act swiftly for the adoption of the newly proposed directive on the enforcement of Directive 96/71/EC on the posting of workers || Adoption of a new EU directive || Directive 96/71 || Council and European Parliament || 2012-2014
 Partnerships for vocational education and training schemes at national and regional levels to respond to current and emerging needs of the construction sector, in particular in the field of ICT || Targeted Partnerships for vocational education and training (VET) || National VET policies || Sector organisations || 2013-2016
 Campaigns to make the construction sector more attractive to talents || Awareness campaigns ||   || Sector organisations || 2012-2020
3. Improving resource efficiency,
environmental performance and business opportunities - references in section
3.3 in the Communication
 Actions || Output || Policy context || Competence || Time horizon
 Mutual recognition of methods to assess the environmental performance of buildings[30] || EU scheme for environmental assessment of buildings and EU technical specifications || EU resource efficiency policy and EU standardisation policy || European Commission || 2014-2016
 Mutual recognition of risk assessment methods taking into account environmental performance, in particular within the context of EU standardisation activities and insurance schemes || EU technical specifications || EU standardisation policy || European Commission || 2014-2018
 EU wide life cycle costing (LCC) methodology for buildings for Green Public Procurement[31] || EU guidance on Life Cycle Costing in public procurement || Green Public Procurement || European Commission || 2014-2016
 Increasing the use of Green Public Procurement in regional policy in coming programming period[32] || Further promotion of construction related GPP criteria in EU financed projects || Regional Policy || European Commission || 2014-2020
 Assessment of hindrances resulting from national legislation governing the authorisation process for major construction projects || Operational conclusions from the revision process of the Environmental Impact Assessment Directive Guidance for streamlining environmental assessment procedures of energy infrastructure projects of common interest || Environmental assessment and national permit-granting procedures || European Commission || 2013-2016
 Harmonised rules on the declaration of the performance characteristics of construction products in relation to a sustainable use of resources[33] || Harmonised EU rules and updated harmonised EU standards || ENTR/Construction Products Regulation || European Commission || 2013-2018
 Evaluation of the performance of construction sub-sectors in terms of competitiveness and sustainable development at national and regional levels || Reports || National construction policies || Member States ||
4.
Strengthening the Internal Market for Construction- references in section 3.4
in the Communication
 Actions || Output || Policy context || Main competence || Time horizon
 “Fitness checks” of EU legislation to identify excessive administrative burdens, overlaps, gaps, inconsistencies and obsolete measures || Evaluation report and recommendations on EU legislation || Smart Regulation || European Commission || 2013-2015
 Review of the Eurocodes implementation in Member States and proposals to enforce the use of Eurocodes in Public Procurement and other instruments, such as national risk assessments and management plans. || Report on and possible standardisation mandate for other core construction design standards || EC Recommendation Eurocodes 2003/887/EC || European Commission || 2013-2014
 Market surveillance in relation to the implementation of European legislation || Reduced complaints from industry || Regulation 765/2008/EC || Member States ||
5 Fostering
the global competitive position of EU construction enterprises - references in
section 3.5 in the Communication
 Actions || Output || Policy context || Main competence || Time horizon
 Negotiation of trade commitments regarding access to third country commercial and procurement markets || Trade agreements securing market access for construction products and services || EU Trade Policy || European Commission || Ongoing
 Raise opportunities for using EU financial instruments, e.g. from European Investment Bank, in support to transcontinental connections || Targeted information on the use of EU financial instruments || E.g. EU-Africa partnership for transport infrastructure || European Commission || 2013-2016
 Financial support to technical assistance to the internationalisation of small specialised contractors || Technical assistance to EU small contractors || “Small business, Big World “ Communication || European Commission || 2012-2015
 Develop co-operation with Africa, Latin America, Russia , Neighbourhood countries concerning sustainable construction in public procurement || International forum || EU foreign and regulatory dialogue || European Commission || 2013-2015
 To act swiftly for the adoption of the newly proposed regulation on the access of third-country goods and services to EU public procurement and procedures supporting negotiations on access of EU goods and services to the public procurement markets of third countries || Adoption of an EU regulation || Proposal for a regulation on market access reciprocity || Member States || 2012-2014
[1]               It is estimated that 275 000 new jobs could be
created in the sector by 2020. CEDEFOP ‘Skills, Demand and Supply’ 2010,
p. 96 - http://www.cedefop.europa.eu/en/Files/3052_en.pdf
.
[2]               COM(2011) 885/2.
[3]               COM(2011) 112.
[4]               Eurostat press release 169/2011 of 17 November 2011.
[5]               For instance, the production index adjusted by
working days decreased by 49 % in Spain and by 76 % in Ireland over
the period from the 1st quarter of 2007 up to the 2nd
quarter of 2011 — Source: Eurostat.
[6]               CEDEFOP ‘Skills, demand and Supply’ 2010 p. 93 http://www.cedefop.europa.eu/en/Files/3052_en.pdf
.
[7]               Directive 2010/31/EU of the European Parliament and
of the Council of 19 May 2010 on the energy performance of buildings.
[8]               For more details on the relevant provisions, please
see Directive 2010/31/EU, Articles 2.2 and 9.
[9]               COM 2010 (639) final.
[10]             COM 2011 (112) final.
[11]             COM 2011 (885) final.
[12]             The EU average rate of renovation of existing building
is 1.2 % per year. .
[13]             Compromise text between European Parliament and Council
for a new Energy Efficiency Directive (still to be approved)
[14]             Roadmap to a resource-efficient Europe
[COM(2011) 571].
[15]             Directive 2010/31/EU of the European Parliament and of
the Council on the energy performance of buildings (recast), OJ L 153,
18.6.2010, p. 13.
[16]             Such as reduced VAT rates, preferential interest rates,
CO2 and energy tax, targeted subsidies, etc.
[17]             Directive 2011/7/EU of the European Parliament and of
the Council on combating late payment in commercial transactions (recast), OJ L
48/1, 23.2.2011.
[18]             COM(2011) 615 final.
[19]             These should cover a broad range of domains such as new
materials, the use of ICT, recycling/recovery of construction and demolition
waste, comfort in buildings, etc.
[20]             http://ipts.jrc.ec.europa.eu/activities/research-and-innovation/s3platform.cfm.
[21]             COM(2012) 131 final.
[22]             COM(2011) 571 final.
[23]             Directive 85/337/EEC, as amended, on the assessment of
the effects of certain public and private projects on the environment.
[24]             Commission Recommendation 2003/887/EC of 11 December
2003.
[25]             www.buildup.eu .
[26]             COM(2012) 261 final
[27]             COM(2009) 301 final.
[28]             COM(2012) 124 final.
[29]             Ibid.
[30]             action to be further developed in the Communication on
sustainable buildings in 2013
[31]             action to be further developed in the Communication on
sustainable buildings in 2013
[32]             action to be further developed in the Communication on
sustainable buildings in 2013
[33]             action to be further developed in the Communication on
sustainable buildings in 2013


title: JUDGMENT OF THE COURT (Sixth Chamber) of 20 February 1997 in Case C-135/96: Commission of the European Communities v. Kingdom of Belgium (Failure by a Member State to fulfil obligations - Directive 91/659/EEC - Failure to implement)

text:
5 . 4 . 97               EN 1                Official Journal of the European Communities                                  No C 108/7
                 JUDGMENT OF THE COURT                                           residence and by requiring payment for that
                                                                                document,
                          ( Sixth Chamber)
                        of 20 February 1997                                  — the Kingdom of Belgium has failed to fulfil its
                                                                                obligations under Article 48 of the EC Treaty
in      Case    C-344/95 : Commission of the European                            and under Council Directive 68/360/EEC of
             Communities v. Kingdom of Belgium ( ] )                             15 October 1968 on the abolition of restrictions
(Failure of a Member State to fulfil its obligations —                           on movement and residence within the Community
     Article 48 of the EC Treaty — Directive 68/360/EEC)                         for workers of Member States and their families.
                            { 97IC 108/11 )
                                                                        2 . orders the Kingdom of Belgium to pay the costs.
                  (Language of the case: French)                        (') OJ No C 333 , 9 . 12 . 1995 .
   (Provisional translation; the definitive translation will be
            published in the European Court Reports)
                                                                                JUDGMENT OF THE COURT
In Case C-344/95 : Commission of the European
                                                                                ( Sixth Chamber)
Communities ( Agent: Pieter van Nuffel ) v. Kingdom of
Belgium ( Agent: Jan Devadder ) — application for a                                           of 20 February 1997
declaration that by: ( i ) requiring nationals of other
                                                                        in   Case    C-135/96: Commission of the European
Member States who are seeking employment in Belgium to
                                                                                Communities v. Kingdom of Belgium ( ')
leave its territory after a period of three months; ( ii )
issuing, during the first six months of their residence, to             (Failure by a Member State to fulfil obligations —
persons holding employment for a period of at least one                       Directive 91/659/EEC — Failure to implement)
year two successive registration certificates instead of a
                                                                                { 97/C 108/12 )
residence permit for a national of a Member State and
requiring payment for those certificates; and (iii ) issuing to
employed persons and to seasonal workers whose activity                                 (Language of the case: French)
is expected to last for more than three months a document
relating to their residence and by requiring payment for
that document, the Kingdom of Belgium has failed to fulfil                (Provisional translation; the definitive translation will be
its obligations under Article 48 of the EC Treaty and                             published in the European Court Reports)
under Council Directive 68/360/EEC of 15 October 1968
on the abolition of restrictions on movement and                        In Case C-135/96: Commission of the European
residence within the Community for workers of Member                    Communities (Agents: Hendrik van Lier and Jean-Francis
States and their families ( OJ, English Special Edition 1968            Pasquier) v. Kingdom of Belgium (Agent: Jan Devadder)
( II ), p. 485 ) — the Court ( Sixth Chamber), composed of:             — application for a declaration that, by failing to adopt
G. F. Mancini, President of the Chamber ( Rapporteur),                  within the prescribed period the laws, regulations and
C. N. Kakouris, G. Hirsch, H. Ragnemalm and R.                          administrative measures necessary in order to comply with
Schintgen, Judges; C. O. Lenz, Advocate-General; R.                     Commission Directive 91 /659/EEC of 3 December 1991
Grass, Registrar, has given a judgment on 20 February                   adapting to technical progress Annex I to Council
1997, in which it:                                                      Directive 76/769/EEC on the approximation of the laws,
                                                                        regulations and administrative provisions of the Member
                                                                        States relating to restrictions on the marketing and use of
1.     declares that:                                                   certain dangerous substances and preparations ( asbestos)
                                                                        ( OJ No L 363 , 31 . 12 . 1991 , p. 36 ), the Kingdom of
       — by requiring nationals of other Member States who              Belgium has failed to fulfil its obligations under the EC
           are seeking employment in Belgium to leave its               Treaty — the Court ( Sixth Chamber ), composed of: G. F.
           territory after a period of three months,                    Mancini, President of the Chamber, J. L. Murray, P. J. G.
                                                                        Kapteyn, G. Hirsch ( Rapporteur ) and H. Ragnemalm,
                                                                        Judges; F. G. Jacobs, Advocate-General; R. Grass,
       — by issuing, during the first six months of their               Registrar, has given a judgment on 20 February 1997, in
           residence, to persons holding employment for a               which it:
           period of at least one year two successive
           registration certificates instead of a residence
           permit for a national of a Member State and by
                                                                         1 . declares that, by failing to adopt within the prescribed
                                                                             period the laws, regulations and administrative
           requiring payment for those certificates,
                                                                             measures necessary in order to comply with
                                                                             Commission Directive 91 /659/EEC of 3 December
       — by issuing to employed persons and to seasonal                      1991 adapting to technical progress Annex I to
           workers whose activity is expected to last for more               Council Directive 76/769/EEC on the approximation
           than three months a document relating to their                    of the laws, regulations and administrative provisions
 ---pagebreak--- No C 108/8             EN                   Official Journal of the European Communities                                      5 . 4. 97
     of the Member States relating to restrictions on the                   prohibits not only the actual entry of commercial
     marketing and use of certain dangerous substances and                  traffic into the territorial sea of the Federal Republic
     preparations (asbestos), the Kingdom of Belgium has                    of Yugoslavia but also conduct occurring in
     failed to fulfil its obligations under Article 2 (1 ) of               international waters which gives good reason to
     Directive 91 /659/EEC;                                                 believe that the vessel concerned is on course for that
                                                                            territorial sea for the purposes of commercial traffic.
2 . orders the Kingdom of Belgium to pay the costs.
                                                                       2 . A domestic provision which, in the event of an
0 ) OJ No C 180, 22 . 6 . 1996 .
                                                                            ascertained breach of any of the prohibitions laid
                                                                            down in Article 1 of the Regulation, prescribes
                                                                            confiscation of the cargo carried by one of the means
                                                                            of transport indicated in the second paragraph of
                                                                            Article 10 of the Regulation is compatible with the
                                                                            Regulation, in particular with Article 1 0 thereof.
               JUDGMENT OF THE COURT                                   (') OJ No C 208 , 12 . 8 . 1995 .
                     of 27 February 1997
in Case C-177/95 (reference for a preliminary ruling made
by the Consiglio di Stato): Ebony Maritime SA and Loten
Navigation Co. Ltd v. Prefetto della Provincia di Brindisi
                          and Others ( 1 )
                                                                                JUDGMENT OF THE COURT
(Sanctions against the Federal Republic of Yugoslavia —
Conduct in international waters — Confiscation of a                                              (Fifth Chamber)
                      vessel and its cargo)                                                  of 27 February 1997
                          ( 97/C 108/13 )                              in Case C-220/95 (reference for a preliminary ruling from
                                                                       the Arrondissementsrechtbank te Amsterdam ): Antonius
                (Language of the case: Italian)                                    van den Boogaard v. Paula Laumen (*)
                                                                       (Brussels Convention — Interpretation of Article 1, second
                                                                       paragraph — Definition of rights in property arising out
 (Provisional translation; the definitive translation will be          of a matrimonial relationship — Definition of matters
          published in the European Court Reports)                                         relating to maintenance)
                                                                                ( 97/C 108/14)
In Case C- 177/95 : reference to the Court under Article 177
of the EC Treaty by the Consiglio di Stato ( Italy ) for a
                                                                                (Language of the case: Dutch)
preliminary ruling in the proceedings pending before that
court between Ebony Maritime SA and Loten Navigation
Co. Ltd, and Prefetto della Provincia di Brindisi and                    (Provisional translation; the definitive translation will be
Others — on the interpretation of Article 1 ( 1 ) (c) and (d )                   published in the European Court Reports)
and Article 10 of Council Regulation ( EEC) No 990/93 of
26 April 1993 concerning trade between the European                    In Case C-220/95 : reference to the Court under the
Economic Community and the Federal Republic of
Yugoslavia ( Serbia and Montenegro) ( OJ No L 102, 28 . 4 .
                                                                       Protocol of 3 June 1971 , on the interpretation by the
1993 , p. 14 ) and of Article 1 ( c ) and ( d ) and Article 10 of      Court of Justice of the Convention of 27 September 1968
Decision 93/235/ECSC of the representatives of the                     on Jurisdiction and the Enforcement of Judgments in Civil
Governments of the Member States meeting within the                    and Commercial Matters, by the Arondissementsrechtbank
                                                                       te Amsterdam (District Court, Amsterdam) for a
Council, of 26 April 1993 , concerning trade between the
                                                                       preliminary ruling in the proceedings pending before that
European Coal and Steel Community and the Federal
Republic of Yugoslavia ( Serbia and Montenegro ) ( OJ No               court between Antonius van den Boogaard and Paula
L 102, 28 . 4. 1993 , p. 17) — the Court, composed of:                 Laumen — on the interpretation of the second paragraph
                                                                       of   Article   1   of the      aforementioned  Convention     of
G. C. Rodriguez Iglesias, Presidents, G. F. Mancini, J. L.
Murray and L. Sevon (Presidents of Chambers ), C. N.                   27 September 1968 , as amended by the Convention of
                                                                       9 October 1978 on the accession of the Kingdom of
Kakouris, P. J. G. Kapteyn (Rapporteur), C. Gulmann,
                                                                       Denmark, Ireland and the United Kingdom of Great
D. A. O. Edward, J.-P. Puissochet, H. Ragnemalm and M.
                                                                       Britain and Northern Ireland ( OJ No L 304 , 30. 10. 1978 ,
Wathelet, Judges; F. G. Jacobs, Advocate-General; L.
Hewlett, Administrator, for the Registrar, has given a                 p. 77) and by the Convention of 25 October 1982 on the
judgment on 27 February 1997, the operative part of                    accession of the Hellenic Republic ( OJ No L 388, 31 . 12 .
which is as follows :                                                   1982 , p. 1 ) — the Court ( Fifth Chamber), composed of:
                                                                       J. C. Moitinho de Almeida, President of the Chamber, C.
                                                                       Gulmann, D. A. O. Edward, J. -P. Puissochet and P. Jann
1 . Article 1 (1 ) (c) and (d) of Council Regulation (EEC)             ( Rapporteur), Judges; F. G. Jacobs, Advocate-General; H.
     No 990/93 of 26 April 1993 concerning trade between               von Holstein, Deputy Registrar, for the Registrar, has
     the European Economic Community and the Federal                   given a judgment on 27 February 1997, in which it has
     Republic of Yugoslavia (Serbia and Montenegro)                    ruled :


title: Case T-109/06: Action brought on  12 April 2006  — Vodafone España and Vodafone Group v Commission

text:
               3.6.2006

               EN

               Official Journal of the European Union

               C 131/46

         Action brought on 12 April 2006 — Vodafone España and Vodafone Group v Commission
   (Case T-109/06)
   (2006/C 131/85)
   Language of the case: English
   Parties

      Applicants: Vodafone España, SA (Madrid, Spain) and Vodafone Group plc (Newbury, United Kingdom) (represented by: J. Flynn, QC, E. McKnight and K. Fountoukakos-Kyriakakos, Solicitors)

      Defendant: Commission of the European Communities
   Form of order sought

               —

               Order the annulment of the decision of the Commission comprised in its letter dated 30 January 2006 addressed to the Spanish CMT; and

               —

               order the Commission to pay Vodafone's costs of the present proceedings.

         Pleas in law and main arguments
   The applicants seek the annulment of a decision of the Commission of the European Communities contained in a letter dated 30 January 2006 to the Spanish Comisión del Mercado de las Telecomunicaciones (‘CMT’), adopted pursuant to Article 7 of the Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (1) (‘Framework Directive’).
   By the contested Decision the Commission endorsed, at the end of the first phase investigation provided for in Article 7 of the Framework Directive and without opening a further two month investigation pursuant to Article 7(4) (‘second phase’), a proposed measure notified to the Commission by the CMT by which the CMT had provisionally decided to:

               i)

               find that Vodafone and two other undertakings (Telefonica and Amena) jointly enjoyed significant market power by holding a position of collective dominance on the wholesale market for access and call origination on public mobile telephone networks in Spain; and

               ii)

               impose an obligation on the three undertakings to respond to reasonable requests for access to their networks and to offer reasonable terms for the supply of access services.

         The applicants submit that the contested Decision infringes Article 7 of the Framework Directive as the Commission should have opened a second phase investigation because it

               i)

               should have realised that the CMT could not, by reference to the evidence and reasoning contained in the proposed measure, justify a finding of joint significant market power;

               ii)

               should have identified serious doubts as to whether the CMT had applied the concept of significant market power correctly according to the case law of the Court of Justice and the Court of First Instance; and

               iii)

               should have identified serious doubts as to whether the CMT had collated and examined all relevant evidence.

         Further, the applicants allege that the contested Decision leads to unequal treatment of undertakings in comparable situations and creates obstacles to the single market as the Decision is inconsistent with other decisions taken under Article 7 of the Framework Directive.
   Finally, the applicants submit that the Commission infringed the applicants' procedural rights by not opening a second phase investigation and by depriving the applicants of the opportunity to comment, during the Commission's first phase investigation, on additional information that the Commission obtained from the CMT.

      (1)  Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33).


title: Case T-13/10: Action brought on 20 January 2010 — Klaus Goutier v OHIM — Rauch (ARANTAX)

text:
               27.3.2010

               EN

               Official Journal of the European Union

               C 80/35

         Action brought on 20 January 2010 — Klaus Goutier v OHIM — Rauch (ARANTAX)
   (Case T-13/10)
   2010/C 80/58
   Language in which the application was lodged: German

      Parties

      Applicant: Klaus Goutier (Frankfurt am Main, Germany) (represented by: E.E. Happe, lawyer)

      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

      Other party to the proceedings before the Board of Appeal of OHIM: Norbert Rauch (Herzogenaurach, Germany)

      Form of order sought

               —

               Annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 November 2009 (in Case R 1769/2008-4) in so far as the application for a Community mark annulling the contested decision was rejected for the following services:

                           —

                           Class 35 — Tax consultancy, tax preparation, accounting, auditing, professional business consultancy, business consultancy;

                           —

                           Class 36 — Fiscal assessments, mergers and acquisitions, namely financial consultancy with regard to the purchase or sale of companies and company shares, financial management;

                           —

                           Class 43 — Provision of legal services, legal research;

               —

               Order the defendant to pay the costs.

      Pleas in law and main arguments

      Applicant for a Community trade mark: Klaus Goutier

      Community trade mark concerned: the word mark ‘ARANTAX’ for services in Classes 35, 36 and 42 (Application No 4 823 084)

      Proprietor of the mark or sign cited in the opposition proceedings: Norbert Rauch

      Mark or sign cited in opposition: the German word mark ‘atarax’ No 30 168 707 for goods and services in Classes 9, 35, 37, 41 and 42

      Decision of the Opposition Division: Rejected the opposition

      Decision of the Board of Appeal: Partial annulment of the Opposition Division’s decision and partial rejection of the Community trade mark application

      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, (1) owing to the absence of likelihood of confusion of the marks at issue

      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).


title: Case T-7/16: Action brought on 8 January 2016 — La tarte tropézienne v OHIM (LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ)

text:
               7.3.2016

               EN

               Official Journal of the European Union

               C 90/22

         Action brought on 8 January 2016 — La tarte tropézienne v OHIM (LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ)
   (Case T-7/16)
   (2016/C 090/30)
   Language of the case: French

      Parties

      Applicant: La tarte tropézienne (Cogolin, France) (represented by: T. Cuche, lawyer)

      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

      Details of the proceedings before OHIM

      Trade mark at issue: International registration designating the European Union in respect of the Community figurative mark containing the word elements ‘LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ’ — Application for registration No 1 212 405

      Contested decision: Decision of the Fourth Board of Appeal of OHIM of 26 October 2015 in Case R 720/2015-4

      Form of order sought

   The applicant claims that the Court should:

               —

               Hold and rule that the present action is admissible;

               —

               Find that international registration No 1.212.405 is validly protected in the European Union in respect of the following goods: ‘flour and preparations made from cereals; sugar; honey; treacle; yeast; baking powder; spices; dough for cakes; cakes; frozen cakes; pancakes’;

               —

               In consequence, annul in part the decision of the Fourth Board of Appeal of OHIM of 26 October 2016 in so far as it refused protection in the European Union of international registration No 1.212.405 in respect of the following goods: ‘flour and preparations made from cereals; sugar; honey; treacle; yeast; baking powder; spices; dough for cakes; cakes; frozen cakes; pancakes’;

               —

               Order OHIM to pay the costs.

      Plea in law

               —

               Infringement of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009.


title: Case C-501/10: Order of the Court (Eighth Chamber) of 16 February 2012 (reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere — Italy) — Criminal proceedings against Raffaele Russo (Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibition under national legislation — Whether permissible)

text:
               26.5.2012

               EN

               Official Journal of the European Union

               C 151/12

         Order of the Court (Eighth Chamber) of 16 February 2012 (reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere — Italy) — Criminal proceedings against Raffaele Russo
   (Case C-501/10) (1)

   (Article 104(3), first subparagraph, of the Rules of Procedure - Freedom of establishment - Freedom to provide services - Betting and gaming - Collection of bets on sporting events - Licensing requirement - Consequences of an infringement of European Union law in the awarding of licences - Award of 16 300 additional licences - Principle of equal treatment and the obligation of transparency - Principle of legal certainty - Protection of holders of earlier licences - National legislation - Mandatory minimum distances between betting outlets - Whether permissible - Cross-border activities analogous to those engaged in under the licence - Prohibition under national legislation - Whether permissible)
   2012/C 151/20
   Language of the case: Italian

      Referring court

   Tribunale di Santa Maria Capua Vetere

      Criminal proceedings against

   Raffaele Russo

      Re:

   Reference for a preliminary ruling — Tribunale di Santa Maria Capua Vetere — Free movement of persons — Freedom to provide services — Activity of collecting bets — Domestic legislation making the exercise of that activity conditional upon the obtaining of a public security authorisation and permit — Protection afforded to persons obtaining authorisations and permits by means of award procedures that unlawfully excluded other operators from the same sector — Whether compatible with Articles 43 EC and 49 EC

      Operative part of the order

               1.

               Articles 43 EC and 49 EC and the principles of equal treatment and effectiveness must be interpreted as precluding a Member State which, in breach of European Union law, has excluded a category of operators from the award of licences to engage in a particular economic activity and which seeks to remedy that breach by putting out to tender a significant number of new licences, from protecting the market positions acquired by the existing operators, by providing inter alia that a minimum distance must be observed between the establishments of new licence holders and those of existing operators.

               2.

               Articles 43 EC and 49 EC must be interpreted as precluding the imposition of penalties for engaging in the organised activity of collecting bets without a licence or police authorisation on persons who are linked to an operator which was excluded, in breach of European Union law, from an earlier tendering procedure, even following the new tendering procedure intended to remedy that breach of European Union law, in so far as that tendering procedure and the subsequent award of new licences have not in fact remedied the exclusion of that operator from the earlier tendering procedure.

               3.

               It follows from Articles 43 EC and 49 EC, the principle of equal treatment, the obligation of transparency and the principle of legal certainty that the conditions and detailed rules of a tendering procedure such as that at issue in the case before the referring court and, in particular, the provisions concerning the withdrawal of licences granted under that tendering procedure, such as those laid down in Article 23(2)(a) and (3) of the model contract between the Independent Authority for the Administration of State Monopolies and the successful tenderer for the licence for betting on events other than horse races, must be drawn up in a clear, precise and unequivocal manner, a matter which it is for the referring court to verify.

      (1)  OJ C 346, 18.12.2010.