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Topic: Minimum harmonisation

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	UNHCR
		Harmonisation of one issue results in the necessity to harmonize the related issues, which is only one step away from a common policy in a given area.
		Harmonization in the area of asylum policy has gained speed after the adoption of the Treaty of Amsterdam (further referred to as TA), in which this field was transferred from the third pillar of intergovernmental character to the first, community pillar.
		The Directive establishing minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection was adopted as late as on April 29th 2004 (political agreement was reached on March 30th 2004).
	www.unhcr.pl /english/newsletter/21/polityka_azylowa.php (2722 words)

	Maximum harmonisation - Wikipedia, the free encyclopedia
		Maximum harmonisation is a term used in European Union law.
		If a piece a law (usually a directive, but also a regulation on occasion), is described as maximum harmonisation, that means that national law may not exceed the terms of the legislation.
		It is quite common for a directive or recommendation to consist of a mixture of maximum harmonisation and minimum harmonisation clauses.
	en.wikipedia.org /wiki/Maximum_harmonisation (158 words)

	Societe critouridienne de distribution (Taxation) [1999] EUECJ C-166/98 (17 June 1999)
		Socridis argued before the national court that prior to harmonisation at Community level beer and wine were taxed in France in the same manner (by volume alone) and at similar rates (FRF 19.50/hl for beer and FRF 22/hl for wine).
		The result of harmonisation in that country was that the way in which beer was taxed had to be altered by introducing the criterion of alcohol content, and that excise duty on beer was significantly increased.
		As regards the difference between the minimum rates for wine and beer, that is not, strictly speaking, a measure adopted by the Council but the consequence of parallel harmonisation of domestic excise duties on wine and beer, so that it does not require any specific statement of reasons.
	www.worldlii.org /eu/cases/EUECJ/1999/C16698.html (1800 words)

	Fountain Court Chambers (Site not responding. Last check: 2007-10-20)
		Concerns that the European Parliament might opt for a minimum harmonisation approach, to the detriment of suppliers located in the more highly regulated jurisdictions like the United Kingdom, were not realised.
		The European Parliament endorsed the maximum harmonisation approach favoured by the European Commission in its proposal of 14 October 1998 and proposed a raft of amendments, most of which are to be welcomed.
		To the extent that the Directive is aimed at setting minimum standards for the content of the pre-contractual information to be given to consumers it is, at worst, unnecessary, because that information will almost certainly already be required to be given.
	www.fountaincourt.co.uk /publications/pr_finservices_article1.htm (1900 words)

	CEPS - The Centre for European Policy Studies
		Hence, the way to harmonise all these national applicable laws is to introduce a maximum harmonisation directive, which would need to be transposed in the same terms in each member state.
		It is indeed true that the minimum harmonisation approach had allowed important differences to co-exist in the national regulations on consumer credit, with a negative effect in market integration.
		Moreover, maximum harmonisation today is politically unviable, as demonstrated by the two years of strong debate on the proposal, which was rehearsed by the German and British representatives to the Council on the Consumer Credit Directive at an ECRI seminar last October.
	www.ceps.be /Article.php?article_id=395& (1035 words)

	Government increases minimum wage
		However, they agreed to further discussions on: mechanisms for setting the coefficient of adjustment; regional and sectoral differentiation in the minimum wage; harmonisation of the statistics that influence and determine the minimum wage; and assessment of the minimum wage's impact on the economy.
		The gross monthly minimum wage as a proportion of the gross average monthly nominal wage of all employees (as estimated by the Ministry of Finance) has decreased from 42.32% in 2003 to 42.0% in 2004.
		The difference between the new minimum wage rate and the 'adjusted' subsistence minimum (for taxation and contributions to social insurance funds) of SKK 5,290 per adult is now SKK 1,210 per month, an increase of only SKK 8.
	eurofound.europa.eu /eiro/2004/11/inbrief/sk0411101n.html (752 words)

	Minimum harmonisation - Wikipedia, the free encyclopedia
		Minimum harmonisation is a term used in European Union law.
		If a piece a law (usually a directive, but also a regulation on occasion), is described as minimum harmonisation, that means that it sets a threshold which national legislation must meet.
		In more recent years, however, the burden of EC law has led to calls for deregulation, and accusations that some member states still indulge in protectionism when implementing directives into national law through gold-plating.
	en.wikipedia.org /wiki/Minimum_harmonisation (193 words)

	[No title] (Site not responding. Last check: 2007-10-20)
		This Directive, which only provides for minimum harmonisation, has been implemented in most Member States with differences relating in particular to the minimum value of transactions covered by the rules, to the right of cancellation, and as to whether national regulations apply to both solicited and unsolicited sales transactions.
		For pan European direct selling businesses, this lack of harmonisation means: unreasonable extra compliance costs, since they must devote resources to investigating which rules are valid for each Member State in which they trade and restructure their operations in consequence; major operational inefficiencies, since they have to adopt different sales methods in different countries.
		FEDSA maintains that full harmonisation, at a reasonable level for both consumers and business, of national consumer protection rules through a revised Directive 85/577/EEC is a necessity for the direct selling sector and its consumers, regardless of whether this is achieved through continuance of the specific approach or through the adoption of a mixed approach.
	www.fedsa.be /en/5_publications/files/Response_to_the_Green_Paper.doc (4943 words)

	TAX HARMONISATION AND MONETARY UNION REQUIREMENTS WITHIN THE EUROPEAN COMMUNITY
		In fact, the prudence and caution which have presided over the process to harmonise tax provisions appear to the those attributes which best illustrate the longed for balance between progress in integration and the reality of asserting national powers and idiosyncrasies.
		The readiness with which the suppression of national monetary policies was accepted deeply contrasts with the difficulties and delays that occurred in the process to harmonise the various tax systems.
		As it was impossible to get the States to accept the minimum tax harmonisation deemed necessary for the system of the country of origin to prevail, a solution ingeniously attempting to combine the suppression of border tax control with the maintenance of the system prevailing in the country of destination was found.
	www.ecsanet.org /conferences/ecsaworld2/PittaeCunha.htm (1519 words)

	Transparency Directive (Site not responding. Last check: 2007-10-20)
		The Directive is designed to enhance transparency on EU capital markets by establishing minimum requirements on periodic financial reporting and on the disclosure of major shareholdings for issuers whose securities are admitted to trading on a regulated market in the EU.
		The TD is a minimum harmonisation directive so the UK may choose to impose additional requirements where it deems it appropriate to do so.
		The TD is a minimum harmonisation directive which allows home Member States to impose additional requirements on issuers with securities admitted to trading on a regulated market.
	www.fsa.gov.uk /Pages/About/What/International/EU/fsap/td/index.shtml (952 words)

	BBA - British Bankers' Association - BBA response to the Commission's review of the Deposit Guarantee Schemes Directive
		Harmonisation of deposit guarantee schemes for harmonisation's sake, is not a sufficient reason to seek to reduce the diversity of national schemes established under Directive 94/19EC.
		Harmonisation could remove this element (albeit a small one) of choice to the detriment of the single market to which we aspire.
		Harmonisation of entry/exit provisions and transferability of deposit guarantee funds is therefore not necessary on these grounds.
	www.bba.org.uk /bba/jsp/polopoly.jsp?d=155&a=6326 (3581 words)

	Mel Kenny
		[15] Minimum harmonisation thus represents a double compromise between market integration and the achievement of wider policy objectives, and the imperatives of market integration and respect for national identities.
		Given the tensions between the goals of integration and the uneven pattern of harmonisation, between national and EC competences, between national identity and secondary law, between the level playing field and the need for flexible responses, an array of attempts [page 540] aimed at extracting a common law of Europe (ius commune) have flourished.
		Conversely, it can be argued that harmonisation is necessary in terms of Articles 3h, 95(1) und 5(3) (ex 3h, 100a(1) and 3b(3)) EC because the alternatives-recasting the conflict rules, harmonisation via regulations, resort to "full" harmonisation, or continued application of minimum harmonisation-are simply inadequate.
	www.cisg.law.pace.edu /cisg/biblio/kenny1.html (5585 words)

	[No title] (Site not responding. Last check: 2007-10-20)
		One of the main, objectives of the ASEAN Consultative Committee on Standards and Quality (ACCSQ) is to remove trade barriers that may exist because of standards, testing, certification and regulatory practices which are divergent among the ASEAN member countries.
		In order, to accomplish this task, ACCSQ focuses the main part of its work on the harmonisation of standards, the establishment of mutual acceptance arrangements in testing, calibration and certification as well as the transparency of information on standardization.
		Aside from the identification of basic standards for harmonisation, eight product group consisting of cements, plastics, rubber products, electrical/electronic products, chemicals,,vegetable oil, pulps and textiles were identified in the third meeting held in the Philippines,.
	www.aseansec.org /9612.htm (467 words)

	ECB: Challenges of financial integration in the post-FSAP period
		The rationale underlying the “two legs” of minimum harmonisation and mutual recognition is that an environment of regulatory competition among Member States would foster at the same time the cross-border provision of services and an overall improvement, further harmonisation and lightening of regulation.
		The key cause of this state of affairs is that only the first leg of the current approach, namely the minimum harmonisation of requirements, could move at a satisfactory pace.
		To this end, a considerable harmonisation effort for supervisory practices would be necessary, which should take place through the enhanced cooperation between competent authorities within the newly established supervisory committees.
	www.ecb.int /press/key/date/2004/html/sp040623.en.html (2542 words)

	Réduction du Temps de Travail (Site not responding. Last check: 2007-10-20)
		Government policy will be based on three pivotal elements: the rapid and ambitious harmonisation of minimum wage rates, more extensive reduction in employers' contributions designed to control job costs and the relaxation of the 35 hour week.
		The Government's objective is to make a series of readjustments to these minimum wage rates in order to achieve a single minimum wage rate on July 1st 2005.
		The guarantee was designed to prevent a fall in the real incomes of employees on the minimum wage whose working hours had been reduced, and in the long term to increase their purchasing power.
	www.35h.travail.gouv.fr /texteang.htm (1534 words)

	Mel Kenny
		[15] Minimum harmonisation thus represents a double compromise between market integration and the achievement of wider policy objectives, and the imperatives of market integration and respect for national identities.
		Given the tensions between the goals of integration and the uneven pattern of harmonisation, between national and EC competences, between national identity and secondary law, between the level playing field and the need for flexible responses, an array of attempts [page 540] aimed at extracting a common law of Europe (ius commune) have flourished.
		Conversely, it can be argued that harmonisation is necessary in terms of Articles 3h, 95(1) und 5(3) (ex 3h, 100a(1) and 3b(3)) EC because the alternatives-recasting the conflict rules, harmonisation via regulations, resort to "full" harmonisation, or continued application of minimum harmonisation-are simply inadequate.
	cisgw3.law.pace.edu /cisg/biblio/kenny1.html (5585 words)

	German Law Journal - Coherence and Consistency in European Consumer Contract Law: a Progress Report The European ...
		The current minimum harmonisation approach, on the opposite, led to a situation well known as a fallacy of federalism: the distribution of competencies between different political levels, where neither the European Community nor the Member States are able to follow a coherent concept in private law legislation, constitutes a situation often described as "organised irresponsibility".
		However, the harmonisation measures have to be transposed into the Member States' general private law, thus prescribing a certain level of consumer protection both in purely national cases and in those cases obviously involving the "passive" consumer.
		the policy of minimum harmonisation in combination with mutual recognition, which is inherent to the ECJ adjudication on the basic freedoms and which was successfully adopted by the Commission in its 1985 strategy for the completion of the internal market.
	www.germanlawjournal.com /article.php?id=266 (5460 words)

	Euro Coop - Position Papers
		Firstly, the transposition of the directive has not allowed the achievement of one of its stated objectives which is to allow comparison of the various offers to consumers in the various member states.
		From another point of view, maximum harmonisation may be a problem for consumers if the economic and social conditions concerning consumer credit continue to change (new forms of credit, etc.) and if these rules are insufficient to establish a high standard of protection.
		If this is not achieved EURO COOP would prefer to have an improved directive of minimum harmonisation that would allow Member States to establish individually higher standards of protection.
	www.eurocoop.org /publications/en/position/creditconsumerdirective03.asp (1967 words)

	Dickie, The European Commissions Consumer Policy Strategy 2002-2006: A Critique' [2003] 3 Web JCLI
		The Treaty does not provide any general rule that Community harmonisation of consumer laws be at a minimum level; such a rule only applies specifically to measures adopted to support, supplement and monitor Member States’ policies under Article 153(3)(b) (see Article 153(5)).
		The Strategy’s grounds for adopting a general policy of maximum harmonisation are further undermined by the Community’s weak substantive record in the field of consumer law.
		The case for maximum harmonisation is inherently weak and appears entirely unworkable at least until existing problems with Community consumer law are resolved, particularly in the current context of geographic expansion.
	webjcli.ncl.ac.uk /2003/issue3/dickie3.html (2751 words)

	Commission v France (Approximation of laws) [2002] EUECJ C-52/00 (25 April 2002)
		The Commission puts forward three pleas, which raise the initial question whether in regard to the matters for which the Directive makes provision the result sought by it is complete, or merely a minimum, harmonisation of the laws, regulations and administrative provisions of the Member States.
		An illustration of progressive harmonisation of that kind is afforded by Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999 amending Council Directive 85/374/EEC (OJ 1999 L 141, p.
		Since the Community legislature had competence to harmonise the laws of the Member States in the field of product liability, it was also competent to determine the person who was to bear that liability and the conditions under which that person was to be sued.
	www.worldlii.org /eu/cases/EUECJ/2002/C5200.html (2800 words)

	CFO Europe
		Harmonisation of corporate taxation within the EU has always seemed a distant prospect.
		To maximise the efficiency gains from base harmonisation, they claim that some kind of rate convergence needs to be introduced.
		The commission was careful to limit the scope of the CCTB working group, rejecting pleas from France and Belgium that it study rate harmonisation in addition to base harmonisation.
	www.cfoeurope.com /displaystory.cfm/3350545 (1905 words)

	South Bulletin 19 - Health, Intellectual Property & Human Rights
		Needless to say, the fact that the United States could seek recourse to the WTO for the enforcement of a measure that could have serious consequences for the progressive realisation of human rights illustrates that, at a minimum, the protections in TRIPS are not watertight.
		At a minimum, the traditional IPR regime has some difficulty in recognising the concept of group or collective rights which does not fit into the individualistic and private property-based approach to IPRs.
		Further concern has been expressed over the growing process of monopolisation that is taking place in the seed and biotechnology industries, accompanied by the increased use of pesticides and other methods of capital-intensive agriculture.
	www.southcentre.org /info/southbulletin/bulletin19/bulletin19-01.htm (3536 words)

	Proposed European Credit Directive (Site not responding. Last check: 2007-10-20)
		The alternative would be a directive based on high level principle connected to a process of implementation that is adaptable and which allows progressive harmonisation on an operational level rather than on the basis of slow rigid primary legislation.
		Citizens Advice would also argue that the extra month’s deferment allowed by UK law would seem to be potentially uncompetitive and a penalty if the amount this accrues to the creditor goes beyond the fair and objective indemnity set out by article 16.
		We do not believe that minimum harmonization in this area is appropriate for the reasons previously stated.
	www.citizensadvice.org.uk /index/campaigns/social_policy/consultation_responses/cr_consumerandebt/consultation_on_the_proposed_european_credit_directive.htm (2959 words)

	FAQs (Site not responding. Last check: 2007-10-20)
		The Transparency Directive (TD) is a directive on the harmonisation of transparency requirements for information about issuers whose securities are admitted to trading on a regulated market.
		The TD establishes minimum requirements on periodic financial reporting and on the disclosure of major shareholdings for issuers whose securities are admitted to trading on a regulated market in the EU.
		This means that the TD imposes a minimum set of requirements that home Member States can enforce.
	www.fsa.gov.uk /Pages/About/What/International/EU/fsap/td/faqs/index.shtml (1524 words)

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