It shows lots of areas of European Commission 2010 work, which may impact on the golf industry:

Review of the list of priority substances under the Water Framework Directive
The Water Framework Directive requires the Commission to review the list of priority substances every 4 years and the deadline for the next proposal is January 2011. Priority substances are those posing a risk to or via the aquatic environment at EU level. They are part of the basis of the EU strategy to combat chemical pollution in EU water

Communication on a new post-2010 EU biodiversity policy and strategy
As reported in previous Golf Europa posts.

EU Plant Health Strategy
The European Commission is developing a new Community plant health strategy, covering topics such as invasive species and seeds.

Relaunch of the Single Market
This Communication will provide a diagnosis of the ‘missing links’ and set direction for a relaunch of the Single Market to deliver on its full potential.

New policy for GMO cultivation
Following the presentation of the political guidelines, the Commission will come forward by the end of June with a concrete initiative on how to allow freedom for Member States to decide about cultivation of GMOs on their territories

Communication on the sustainable competitiveness of the EU construction sector
The Communication will focus on four strategic objectives aimed at enhancing the competitiveness of the sector: (a) a coherent quality policy for the sector; (b) an improved regulatory environment, in particular for public procurement, competition, registration and qualification systems, health & safety and payment delays; (c) better provision of education and training ; (d) strengthening of research, innovation and knowledge deployment. This Communication will also focus on the role of this sector in the fight against climate change.

Revision of the Working Time
New proposed Directive expected.

Communication on the renewed EU Tourism Policy Framework
The Communication will outline possible fields of actions at EU, national and regional level, as well as by the industry and other stakeholders.

Revision of the 1990 Council Directive on Package Travel, Package Holidays and Package Tours
The existing Directive no longer provides adequate protection for consumers going on holidays; nor does it provide sufficient legal certainty for businesses. Due to the minimum harmonisation of the Directive, the legal fragmentation in Member States is significant, causing compliance costs for businesses eager to trade cross-border and can also cause detriment for consumers trying to pursue their legal rights in a cross-border context.

Green Paper on a new VAT strategy
Consultation document on a new VAT Strategy with a view to adopt a “new VAT
strategy” Communication in 2011.

Community initiative on work-related musculoskeletal disorders
The objective is to integrate into a single legislative instrument the provisions on the protection of the health and safety of workers from the risks of musculo-skeletal disorders at work.

Directive 2000/14/EC on noise emissions in the environment by equipment used outdoors
The proposal will simplify the operation of the Directive, review its conformity assessment procedures, and improve market surveillance.

Sport provisions in the Lisbon Treaty
This communication will make proposals for the implementation of the new competence on sport in the Lisbon treaty, including establishing a framework for political cooperation.

A large number of EU Communications and Recommendations are also expected in the vocational education and training field.

Some observers suggest that one of the “blocking minority”, France, may be considering lifting its objections. If it does, this will open the way for the new EU Soil Directive to be adopted.  The new European Commissioner for environment policy, Janez Potočnik, is seeking to make progress on this proposal.

Last Friday, the European Commission published a new report on ‘Soil biodiversity: functions, threats and tools for policy makers‘.

Having failed with their 2010 target, the 27 governments agreed to try to do more to halt biodiversity loss.

Ministers chose the toughest of four options presented by the European Commission in a January policy paper: “halting the loss of biodiversity and the degradation of ecosystem services in the EU by 2020, and restoring them in so far as feasible, while stepping up the EU contribution to averting global biodiversity loss.”

The Council conclusions also outline the EU vision for protecting species in the EU by 2050.

The European Commission now has to draw up a new 2020 biodiversity strategy.

It remains to be seen whether this new 2020 biodiversity target will be any more successful than its 2010 predecessor.  A good indicator will be the extent to which the EU’s draft 2020 growth strategy takes account of the new EU biodiversity 2020 target. The EU’s 2020 growth strategy is due to be agreed shortly by EU Heads of State & Government.

The likely impact of this new initiative on the golf industry will become clearer as details emerge of the European Commission’s new 2020 biodiversity strategy and of new mainstream, cross-cutting EU policies and strategies, such as the 2020 growth strategy.

Link – to the text of the Environment Council “Conclusions on biodiversity post-2010”

• Directive on sustainable use of pesticides
• Regulation on placing of plant protection products on the market (repealing Directives 79/117/EEC and 91/414/EEC)
• Directive on improving construction and maintenance of machinery for pesticide application

A key issue of concern for the golf industry has been the reference to “sports and recreation grounds” in earlier versions of the proposed Directive on sustainable use of pesticides.  In the final text, agreed by Ministers last week, there are two references:

(preamble)
(16) Use of pesticides can be particularly dangerous in very sensitive areas, such as
Natura 2000 sites protected in accordance with Directives 79/409/EEC and 92/43/EEC. In other places such as public parks and gardens, sports and recreation grounds, school grounds and children’s playgrounds, and in the close vicinity of healthcare facilities, the risks from exposure to pesticides are high. In these areas, the use of pesticides should be minimised or prohibited. When pesticides are used, appropriate risk management measures should be established and low-risk pesticides as well as biological control measures should be considered in the first place.

Article 12
Reduction of pesticide use or risks in specific areas

Member States shall, having due regard for the necessary hygiene and public health requirements and biodiversity, or the results of relevant risk assessments, ensure that the use of pesticides is minimised or prohibited in certain specific areas. Appropriate risk management measures shall be taken and the use of low-risk plant protection products as defined in Regulation (EC) No …/…+ and biological control measures shall be considered in the first place. The specific areas in question are:
(a) areas used by the general public or by vulnerable groups as defined in Article 3 of Regulation (EC) No …/…+, such as public parks and gardens, sports and recreation grounds, school grounds and children’s playgrounds and in the close vicinity of healthcare facilities;
(b) protected areas as defined in Directive 2000/60/EC or other areas identified for the purposes of establishing the necessary conservation measures in accordance with the provisions of Directives 79/409/EEC and 92/43/EEC;
(c) recently treated areas used by or accessible to agricultural workers.

The next step in the legal process is for these texts to be published in the Official Journal (OJ) of the European Union.  Here the laws are given formal reference numbers and dates indicating when they enter into force.

The Directive on sustainable use of pesticides will enter into force on the day following its publication in the OJ.  The other two items enter into force on the twentieth day following OJ publication.

EU Regulations have immediate effect throughout the EU, whilst Directives require national governments to bring into force implementing laws, regulations and administrative provisions. The final OJ texts will confirm the deadlines by which national governments must have implemented the Directives’ provisions. EU Directives can, in some circumstances, be “directly enforceable”.

Links:

Final agreed texts of:

Directive aimed at establishing a framework for Community action to achieve the sustainable use of pesticides so as to reduce the risks to human health and the environment and the dependency on the use of pesticides

Regulation concerning the placing of plant protection products on the market and repealing directives 79/117/EEC and 91/414/EEC so as to ensure a high level of protection of both human and animal health and the environment and to improve the functioning of the internal market through the harmonisation of the rules on the placing on the market of plant protection products, while improving agricultural production

Directive aimed at improving the construction and maintenance of machinery for pesticide application, with a view to reducing the adverse effects of pesticides on human health and the environment

Yesterday EU Environment Ministers expressed deep concern at this failure and at the increasing threats to biodiversity from invasive alien species.

Golf Europa reported in April on the high level conference in Athens on biodiversity.

Yesterday’s clear message from EU national governments paves the way for a shake-up in EU biodiversity policy.  Expect proposals from the European Commission to make EU biodiversity legislation wider in its coverage across Europe and deeper in its impact.  Legislation focusing on invasive species is also likely.

Ultimately, a widening and a deepening of EU biodiversity legislation could impact significantly on golf course design, remodelling and maintenance.  BirdLife International, however, has dismissed the Council Conclusions as “wishful thinking”.

At their meeting yesterday of the EU Environment Council, Ministers failed to reach agreement on the draft EU Directive on soil protection.  Some governments do not agree that legislation on soil policy is appropriate at EU level.

The proposal for 100% financing of ERDF projects will not now be brought forward.

Contrary to our report earlier this week, the European Regional Development Fund has not so far been included in this rule change.

This is, nonetheless, a big rule change in EU funding terms & is a response to the economic crisis.  The decision awaits formal approval by the EU national governments on 18-19 June.  If approved as expected, then it may mean a rapid acceleration in take-up of ESF grants in the next couple of years.

ESF is the main EU funding instrument for training; its total budget for the current EU programme period 2007-13 is €75billion.  Although part of the EU budget, ESF is mainly managed at national, regional & local levels. Whereas Leonardo & EQF are about transnational cooperation and innovation, ESF is much more about actual training delivery.  The cliche used is Leonardo is a small research lab & ESF is the big factory.  The allocation of ESF, like the Regional Fund, is prioritised in favour of the poorest regions. There is also a small pot of ESF for transnational cooperation.

Normally ESF requires match-finance, usually from a public authority.  This can be a stumbling block.  100% is obviously a lot more attractive & should generate a lot of project activity.  But national govts are extremely unlikely to add to the overall ESF pot before 2013.  The strong possibility is that ESF availability will be severely diminished post 2010.

Now really is a good time for organisations looking to access grant aid for training purposes to consider the ESF.

Links for further info:
today’s European Commission decision

intro to ESF

In response to the economic crisis, the European Commission is expected this week to change the rules on EU regional and training grants.  At present, project promoters have to finance between 15-50% of project costs when they obtain a grant from the European Regional Development Fund or the European Social Fund.  This is often an important stumbling block.

The Commission is expected to propose 100% financing from ERDF and ESF for 2009 and 2010 projects.

No new money is proposed to be added to the EU budget to finance this rule change.

In 2008, the European Parliament called on the European Commission to propose an EU sport programme as well as Preparatory Action in the field of sport as of 2009. The Parliament approved a budget of €6 million for 2009.

Priorities in the 2009 Preparatory Action are:

1. Providing policy support for the identification of future policy actions in the area of sport through studies, surveys, conferences and seminars
2. Testing the establishment and functioning of suitable networks and good practices through call for proposals
3. Promoting greater European visibility at sporting events (two events already identified – 2009 Mediterranean Games in Pescara, Italy and the 2009 European Youth Olympic Festival (EYOF) in Tampere, Finland

Item 2 will support transnational projects promoting:

• health-enhancing physical activity
• education and training in sport
• sport for persons with disabilities
• gender equality in sport

The budget available for item 2 is € 4,000,000.

EU co-financing will be provided to a maximum of 80% of the total project costs. The external co-financing can be partly made up of contributions in-kind.

Projects must start between 01.12.2009 and 31.03.2010 and end no later than 31.03.2011. The eligibility period for costs will begin on the date specified in the contract, i.e. the project start date.

The deadline for submission of applications to the European Commission is 31.08.2009

Links:

• Texts relating to the call for proposals (EAC/21/2009)
• European Commission 2009 Annual Work Programme on grants and contracts for the preparatory actions in the field of sport and special events [C (2009)1685]