European Union News - Internal Market

Following the procedure established in conformity with Decision Nº 626/2008/EC of June 30th 2008 on the selection and authorisation of systems providing mobile satellite services (MSS), the European Commission has published in the OJEU on June 12th 2009 its Decision 2009/449/EC, designating the companies Inmarsat Ventures Limited and Solaris Mobile Limited as eligible operators of pan-European systems providing mobile satellite services (MSS).

The European Commission has a new and detailed guidance on state aid granted to ship management companies. These rules complement the 2004 guidelines on state aid to maritime transport. Under the guidance adopted today, the tonnage tax may be applied to all ship managers, as long as they contribute to the development of the European maritime cluster and, more importantly, that they make a commitment to implement the Maritime Labour Convention 2006 ahead of its entry into force.

The European Commission has decided to impose a fine of 20 million euros on Electrabel, an electricity producer and retailer belonging to the Suez Group for acquiring control of Compagnie Nationale du Rhône (CNR), another electricity producer, without having received prior approval under the EU Merger Regulation.

As part of the efforts to clarify and simplify state aid rules, the European Commission has adopted two guidance papers setting out criteria for the in-depth assessment of large amounts of training aid and of aid to disadvantaged and disabled workers. The guidance outlines the kind of information required by the Commission for its assessment and the assessment methodology, and they are in line with the Commission's refined economic approach in state aid analysis.

The Commission has published in the Official Journal of the European Union on June 4th an invitation to submit comments on the alleged aid to Fortis Bank Nederland and the ABN Asset, following the formal investigation procedure open on such operation. Interested parties may submit their comments to the Commission up to one month after the publication on the announcement.

The Council took note in its last meeting in May 2009, of information provided by the German delegation concerning the “Google Books Project” (scanning of books in US libraries for establishing a database on the basis of digital copies) and its possible legal implications as regards copyright matters. Commission was asked to elaborate an assessment and to report back in due course.

The Competitiveness Council (Internal market, Industry and Research), held in Brussels on May 28th 2009, emphasized the key role of industry for the European economy and the need to continue to react promptly to the present economic recession with a coherent and coordinated set of short-, medium- and long-term initiatives. Ministers also highlighted the fact that SMEs are the backbone of the European economy, and that they should be respected and considered when setting up framework conditions for European industry.

Commission has published in the Official Journal of the European Union on May 30th 2009, an invitation to interested parties to present their comments on certain measures planned by French government in favour of the port sector. Interested parties may submit their opinions within one month of this publication.

The Official Journal of the European Union has published on May 29th 2009, Regulation (EC) No 428/2009, of May 5th 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. An effective common system of export controls on dual-use items is necessary to ensure that the international commitments and responsibilities of the Member States and of the European Union, are complied with, especially those regarding non-proliferation.

The Official Journal of the European Union has published on May 27th 2009 Regulation nº 431/2009 of May 18th 2009, amending Regulation (EC) nº 332/2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments. This amendment increases the limit for loans to be granted to Member States which have not adopted the Euro top 50 billion Euro in principal.