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Posts Tagged ‘European’

East European Dating and Eastern European Single Women – Europe in Love

Dating men & women from different cultures has always fascinated us since years and now it has become easier, thanks to the world of online dating.  And, European dating has secured a bigger space for itself in the current dating scene on the net.

There are hundreds of websites offering European dating services, but not each of them is legitimate.

Dating Europe –

In Europe, a large number of men & women are single and they all want to find their life partners, be it online or offline, but the first way is much easier now. Hundreds of thousands of people have registered themselves on the European dating sites & you can choose from this huge list according to your interests & preferences.

Now, the phrase European dating itself has many meanings within – French dating, Italian dating, Spanish dating, German dating & so on.

Dating European gives you an easy way to find a European partner of your choice with no hard efforts. It gives you a platform to know a person before making a decision to spend your life with them. You can search for a prospective European partner for you by searching for you that matches with your interests, likes & dislikes. And, the language is no more a barrier now, the online language translators help you translate what you want to say to other person.

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You just need to create a profile filling your basic & personal information like your age, race, nationality, built, profession, height, weight & appearance, single/divorced, children/want children etc-etc. Then, you need to fill in information like what kind of partner you are looking for & you also need to describe yourself in few sentences that give a clear idea about you to other people searching for their partners. And, not to mention that adding a picture to your profile always increase your chances.

You can find women from all different parts of Europe on European dating on the net – Russian women, Romanian women, Ukrainian brides, Belarus women, etc-etc. Hundreds of thousands of beautiful women have their profiles on European dating online.

So, enjoy the benefits of European dating and find a perfect partner for yourself sitting miles away. No more geographical limitations can limit you from meeting your European date. You can have your choice of European dating partner that matches your interests & preferences.

European dating provides you free trial and you can enjoy many great services like chat, video chat, SMS & email for a nominal fee. You can hide your contact information in you profile unless you want it to be visible to everyone.

You can find your European soul mate within a few days. Millions of people are enjoying dating Europe, so why left behind when a meaning relationship can be formed very easily.

So, go ahead and date a European partner with commune interests and color your life.


Article from articlesbase.com

Related European Articles

Vision Shopsters: The Top 10 European Specialty Chemicals Companies: Changing business models, strategies and SWOTs

The specialty chemicals operations of major European players remained relatively resilient during the economic downturn compared to their other business lines. The 2005-09 period witnessed a considerable rise in consolidation activities among European companies. Some players are focused on backward integration of operations whilst others are aiming to offload non-core franchises. Consolidation is in part prompted by fluctuations in raw material prices and rising competitiveness in the global marketplace.
The report profiles major European players in the specialty chemicals segment and elucidates trends associated with these companies, and insights into the opportunities and threats facing them. This report provides detailed profiles of ten leading European specialty chemicals companies, and brief profiles of other major players. The detailed profiles contain descriptions of business, financial performance, growth strategies and SWOT analyses. Analysis is based on:

• Each company’s consolidated and segmental financial performance;
• Each company’s growth strategies and major acquisitions and divestments relating to the specialty chemicals market;
• Key partnerships and alliances formed by these companies;
• Business-related strengths and weaknesses of these companies.

Key features of this report

• Key drivers and resistors to growth of leading European specialty chemicals companies.
• Common industry characteristics in strategies and performance of European specialty chemicals companies.
• Analysis of financial performance and growth strategies of leading specialty chemicals companies during 2005–09.
• Overview of specialty chemicals product portfolios of leading companies.
• SWOT analysis of the leading European specialty chemicals companies.

Scope of this report

• Learn from the strategies of European specialty chemicals companies to target future growth markets effectively, avoid their mistakes, replicate their successes and learn of the threats they face.
• Benchmark your performance against the leading European specialty chemicals companies by understanding their strategies.

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• Measure the resilience of specialty chemicals operations of European companies during the economic downturn.
• Compare performances of specialty and non-specialty chemicals operations of European companies in the global soft drink market arising from the change in consumers’ preferences and global recession.
• Save time, money and resources on analyzing the performance of leading specialty chemicals companies using this report.

Key Market Issues

• Raw material price fluctuations: Review of the 2005-09 period indicates that profits of specialty chemicals operations of leading European players are influenced by fluctuations in raw material prices. Rise in prices in early 2008 coupled with lack of backward integration squeezed margins of Ciba leading to its acquisition by BASF. Fall in prices during the economic downturn had considerable effects on operating margins of European players.
• Fall in demand during downturn: Fall in demand considerably suppressed operating income of European companies in 2009. However, prompt restructuring activities enabled several companies to maintain steady levels of operating margin.
• Relative resilience of specialty chemicals operations: Business Insights observes that the impact was less profound when compared to non-specialty chemicals. The contribution of specialty chemicals to the decline in consolidated revenues was relatively modest. Our in house developed Revenue Growth Index clearly differentiates the performance of specialty and non-specialty operations of European players.
• Consolidation: European players are focused on consolidating their position in the global specialty chemicals market through backward integration and shifting attention to core franchises. Ciba merged with BASF, sensing opportunities for backward integration. Lanxess divested its paper chemicals business, which was later acquired by Kemira.

Key findings from this report

• Business Insights forecasts that the global specialty chemicals market will grow at a CAGR of 2% during 2010–14 to reach a total value of approximately 9bn in 2014.
• The 15 leading European companies generated .9bn sales in 2009, accounting for 15.6% of the 8bn global specialty chemicals market.
• BASF was the largest European specialty chemicals company with bn sales in 2009. The acquisition of Ciba in 2008 propelled the company’s topline significantly.
• European specialty chemicals companies were not insulated from the fall in volume sales experienced by the global chemicals industry. The majority of these players were affected by the fall in industrial input costs as was observed in their selling prices.
• Business Insights’ Revenue growth index found that during the downturn, specialty chemicals businesses of European players performed better than their non-specialty operations.

Key questions answered

• What was the market size of the global specialty chemicals industry by value in 2009?
• What will be the market size of the global specialty chemicals industry during 2010-14?
• What are the key trends observed in the European specialty chemicals companies and strategic responses that are taking shape?
• Who are the major European players in the global specialty chemicals market?
• What are the growth strategies of the leading 10 companies?

To know more about this report & to buy a copy please visit :
http://www.visionshopsters.com/product/3825/The-Top-10-European-Specialty-Chemicals-Companies-Changing-business-models-strategies-and-SWOTs.html

Contact us:

Visionshopsters
Ph : 91-22-40583000
Emailid: marketing@visionshopsters.com
Website : www.visionshopsters.com

Visionshopsters specializes in providing comprehensive collection of online market research reports, events bookings, country reports, company profiles, latest books and magazines, customized research services offering informative solutions worldwide. We constantly believe in providing inventive solutions to clients all across the globe. Our clientele consists of over thousands of top most academic organizations, financial institutions, trading companies, legal service providers, accounting consultancies and other corporate business executives.


Article from articlesbase.com

European sawmills’ profitability is being squeezed by high log costs and declining lumber prices

Seattle, USA. Over the past year, the sawmilling sector in Europe has shifted from high production levels and the highest lumber prices in four years, to weakening lumber demand and reduced prices for many lumber grades during this fall.

European lumber production fell by six percent to 93 million m3 in 2009, which was the lowest level in eight years. The biggest declines in volume came in Austria, Finland and Sweden, while lumber production in Germany and Romania bucked the general trend and increased last year. Although last year was a low point for the sawmilling industry, the lumber markets improved in the second half of the year and into the spring and early summer this year, reported Wood Resource Quarterly.

Total exports by the four largest lumber-producing countries in Europe, Sweden, Germany, Austria and Finland, have been slightly higher the first eight months of 2010 as compared to the same period last year. Exports from Sweden declined by seven percent while the other three countries increased shipments substantially. The Finnish sawmilling industry in particular, has had a much better year this year than in 2009. During the first nine months of 2010, lumber production was up 27 percent from the same period last year, with most of the additional production being exported.

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The high operating rates at many sawmills in Europe the past year have resulted in increased costs of logs throughout the continent. Softwood sawlog prices have gone up between 15-40 percent in the major lumber-producing countries since early 2009, according to the Wood Resource Quarterly.

With the probability of reduced lumber demand in Europe during the upcoming winter season, lumber prices may continue to weaken. This development is problematic because sawlog prices have reached their highest levels in almost two years, which will squeeze the profitability for many sawmills. Consequently, it is likely that many sawmills will reduce operating rates in the coming months, and as a result, sawlog prices can be expected to decline during this quarter and the first quarter of 2011.

 

Global timber market reporting is included in the 52-page publication Wood Resource Quarterly. The report, established in 1988 and with subscribers in over 25 countries, tracks sawlog, pulpwood, lumber and pellet prices in key regions around the world and also includes regular updates of the latest developments in international timber, pulp, lumber and biomass markets.

Contact Information

Wood Resources International LLC

Hakan Ekstrom

info@wri-ltd.com

www.woodprices.com

Mr. Ekstrom is the President of Wood Resources International LLC, which is an internationally recognized forest industry consulting firm established in 1987. The company also publishes two quarterly timber price reports tracking global forest products markets. The market reports have readers in over 25 countries.

 


Article from articlesbase.com

Quick Development of the Heat Pump in European Market

Recently, on the International Refrigeration Air-conditioner Energy Efficiency and Environmental Protection Technology Forum, MartinForsén, the chairman of Swedish Heat Pump Association, said that “As a kind of technology that can reduce the pressure of global warming, the heat pump system is attracting more and more attention in these years. And this system is not limited in air conditioners. In many countries in European Union, people use the heat pump system instead of gas-fired boilers and oil-burning boilers. This system can reduce the use of fossil fuels, as a result, it becomes one of the most efficient ways of reducing the carbon dioxide emission.”

A heat pump is a machine or device that moves heat from one location to another location by using mechanical work. Most heat pump technology moves heat from a low temperature heat source to a higher temperature heat sink. Common examples are food refrigerators and freezers, air conditioners, and reversible-cycle heat pumps for providing thermal comfort.

It is said that the heat pump water heater unit has been developed quickly in many European countries such as Austria, Finland, Germany, and France, etc. The total sales volume of the heat pump system was about 520,000 pieces in 2009, which increased about 110% when compared to that in 2005.

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Martin also said that France, Sweden, Germany, and Norway have the quickest market development. Taking Sweden as an example, the domestic market of this country is developed very fast, and about 116,900 pieces of heat pumps were sold in 2009. According to him, enterprises as well as people in Sweden are enthusiastic about green life with low carbon which will push forward the sales volume of the heat pump products.

Besides, Martin mentioned that the Swedish government promised that it will try its best to make Sweden the world’s 1st country which will no longer use the petroleum in 2020. Moreover, people of Sweden will depend on renewable energy sources. Therefore, in order to achieve this goal, the government must invest a large amount of money in the research of the renewable energy source. If people use the heat pump system instead of the oil-fired boiler or the electric-heating system, the government will give some rewards. Obviously, the increasing energy price makes most people look for the cheaper substitutes like the heat pump products. Besides, the water pump, oil pump are also very important.

The chairman also said that the quality of the products and the installation are the main obstacle to popularize the heat pump products. As a result, the association will take measures to eliminate people’s bad impression so as to speed up the marketing process.

SeekPart.com is the global B2B platform in the industry of mechanical parts. SeekPart aggregates the trade leads in this area, and our ultimate target is to benefit the buyers and sellers of mechanical parts by utilizing these leads through our online tools.


Article from articlesbase.com

EUROPEAN UNCONVENTIONAL RESOURCES – THE RACE IS ON

UNCONVENTIONAL GAS RESOURCES IS ON THE RISE

Exploration and production of unconventional gas resources have been the focus of US authorities and industry for years already. This trend has started in Europe, where Germany, Italy, UK, Poland  and other European countries have begun to focus on these resources. More attention has been given by the industry to explore for unconventional gas resources, like Gas Shales, Coal Bed Methane (CBM), tight Gas and potentially oil shale resources as well.

Indications of this spike in interest are the amount of conferences arranged and to be arranged around Europe in 2010.

This article will highlight some of the conferences/workshops held and planned to be held during this year as well as discuss some of the industry efforts planned and already started in Europe.

Interesting is the participation of major players from the US, and talks about their experience from exploring and producing of these unconventional resources.

Also worth noticing, is the absence of authorities from the US when it comes to environmental concerns, regulatory discussions and so on?

Technology enables utilization of these resources in manners not possible only few years ago. Rapid development of technology and understanding of these unconventional resources makes these resources a formidable untapped potential for oil and gas companies.

In the US alone, these resources are believed to supply over 50% of the US production of gas by 2020.

In Europe, international oil and gas companies have begun the race for acreage to explore for the unconventional resource potential. Countries like Poland, France and UK together with Germany have begun to focus more on these resources now. However, the understanding of the potential for these resources are not well understood as of yet in this region of the world.

ConocoPhillips together with 3Legs are planning to drill their first proof of concept well in Poland in the latter part of June this year.

ExxonMobil has secured significant acreage in Poland for exploring of shale gas and other unconventional production opportunities in Europe.

BNK has secured 2.4 million acres of net acreage in 3 basins within Saxony-Anhalt region in Germany for exploitation of unconventional resources. In addition the company has around 1.1 million net acres in Europe.

Total has acreage in Montelimar in the Southern France and is evaluating this acreage before making any decisions to follow up its efforts from the US gas shale campaign. They have indicated interest in Denmark and Germany.

The Polish oil company Orlen has made gas shale discoveries within the Lublin region of Poland and signed letters of intent with ENI and Shell.

Poland authorities have issued 58 licenses over the past 2 years to American companies for shale gas exploration within their territories.

Shell has drilled 2 out of three wells looking for gas shales in the southern part of Sweden, called Skane. Shell has indicated that these resources should cover the gas need for Sweden for at least 10 years to come.

Igas has drilled one of Europe’s first wells for “unconventional” gas in the UK, extracted from source rocks traditionally rejected by the industry as uneconomic.  Igas has taken leases on 300,000 acres of shale, a sedimentary rock, across north Wales and north-west England

Although exploration is concentrated on shale and coal bed gas in a corridor running from Poland through Germany to the UK, many other areas in Europe like the Paris Basin and the Pannonian Basin in Hungary are attracting interest. A large variety of unconventional exploration players are active, ranging from major companies like Chevron and ExxonMobil to the smaller more specialized companies like Lane Energy and local companies like Rhein Petroleum.

Gazprom has realized that this focus on the unconventional gas resource potential in Europe, could poses a serious risk for Gazprom and their energy export values. Therefore Russia has started a massive anti-shale propaganda to delay and stall any European Gas Shale efforts.

The industry’s ability to deploy the right technologies and the authorities ability to govern the exploitation of these resources will be key success factors for these plays in Europe.

Some efforts have been made to look into the Gas Shale and CBM potential within Ukraine, as this could provide another dimension to the European Energy debate and energy security issues especially.

Since the potential in Ukraine can be massive, it deserves attention from Ukraine authorities as well as the industry players to develop a thorough understanding of its true potential and development potential.

 BOOK TO READ

The balance of need for Gas as a future energy source in Europe versus renewable energy campaign in Europe is essential for any project economics in Europe.

Gunter Oettinger, the new European Commissioner for energy, stresses the value of renewable energy. Forecasts indicate that EU is on course to meet its renewable goal for 2020. EU is tasked to ensure their member states to reach and go beyond the 20 percent target set out in their strategic plans.

The political pressure from EU political leaders to ensure a renewable energy part of their energy budgets, pressure the confidence in future demand for gas and there are risks it could choke off investments within Unconventional resource projects within Europe. This due to the fact that there are no guarantee for supply needs. It will also weigh against gas-fired power stations planned in Europe as other forms of energy could supply these power stations in the near future. It is therefore a need to look at project profitability beyond 2020 for any Unconventional Gas projects in Europe.

Some European Unconventional Oil and Gas Resource Conferences

GLOBAL UNCONVENTIONAL GAS

http://www.gastechnology.org/webroot/app/xn/xd.aspx?it=enweb&xd=3TrainingConfer/Conferences/gug2010.xml

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Unconventional gas provides abundant, affordable, and cleaner-burning energy to a world demanding stable energy prices, security, and solutions to the climate challenge. Advances in technology have enabled these “new” resources to be developed economically in the United States — now supplying over 40% of total U.S. production and expected to supply well over 50% by 2020. The transfer of knowledge combined with new technology and processes tailored to specific resource plays will be essential to developing unconventional gas in other regions of the world.

Global Unconventional Gas 2010: Unlocking Your Potential is the world’s premier international conference and workshop designed to transfer knowledge and best practices gained in the U.S. Energy professionals and stakeholders will hear from top U.S. and international experts about the enormous potential of gas shale and other unconventional gas resources across the globe and learn about the latest issues, approaches, processes and technologies key to unlocking the resources in their own countries.

 

Who will be there— E&P Managers , Engineers , Geologists , Investors , Policy Makers , Officials

 

Conference highlights you won’t want to miss—

Dynamic keynote addresses on the role of unconventional gas in a sustainable global energy mix and what additional gas supplies make possible in terms of demand

Presentations from leading E&P and service companies addressing key issues associated with resource development

Candid, interactive panel discussions about opportunities and insights into key global and U.S. shale plays

A learning workshop to review current and developing technologies

A Welcome Reception, luncheons, and refreshment breaks, where you’ll share views and experiences with world leaders in unconventional gas resource development.

 

Hear keynote presentations and perspectives from—

Aubrey K. McClendon, Chairman and CEO, Chesapeake Energy Corporation

Dr. Abdul Rahim Hashim, President, IGU

Christopher Flavin, President, Worldwatch Institute

Chris Smith, Deputy Assistant Secretary, U.S. Department of Energy

Leading shale technology, resource, and business experts

Prominent European and global energy officials

 

What you’ll gain—

A real-time perspective on the global prospects for unconventional gas

Proven approaches to accelerated unconventional resource development

Resources and techniques to effectively address technology challenges

Knowledge and connections to leading and emerging industry players

 

FLAME

http://www.icbi-events.com/flame

Over 700 of Europe’s leading energy professionals met to discuss the new agenda for gas and LNG in Amsterdam at Flame 2010. Unconventional gas, new markets for LNG and commodity prices dominated discussions as players met to get the latest update on global gas opportunities and challenges.

Dr. Richard G. Newell, of the U.S. Energy Information Administration (EIA) and Mike Stice of CHESAPEAKE ENERGY shared their thoughts on the development of and prospects for unconventional gas in the USA.

LNG Summit Day – Monday 1st March 2010 – Key questions discussed included the impact of unconventional gas and new LNG supplies coming online on global LNG flows – will we see the emergence of a mature spot market for LNG? How will unconventional gas affect Summer 2010’s LNG flows?

Trading & Transportation: Updates on European Trends from leading companies including DONG, EON, GTS, GASUNIE, RWE and more!

The Impact Of The Economic Crisis On Gas Demand & Pricing: One of the biggest questions on everyone’s lips – discussions featured leading companies such as: BP, OIES, ECONGAS, NatGas, The Brattle Group, RWE and more

Supply & Demand: Europe’s Future Supply/Demand Balance & Global LNG Flows Given The Impact Of Unconventional Gas

Investment Challenges For European Infrastructure

German Market Update: Gas Demand, Merger Of The Gas Areas, Balancing, Storage, Moving Gas Cross Borders and more

Key companies in attendance at Flame 2010 included:

Gazprom Export

Qatargas                                 

Total Gas & Power

Statoil                            

Centrica Energy  

Wingas                                      

Shell

E.ON Ruhrgas                          

Cheniere Supply & Marketing

BP Global Gas                          

ExxonMobil

GDF Suez Global LNG             

GasTerra

RWE Supply & Trading

GASPOOL Balancing Services                       

Nabucco Pipeline

Repsol Gas Natural

ENbW

Cepsa Gas                                

Gasunie and many more!

Expert views were given from companies including: DONG, London Energy Brokers’ Association, E.ON Energy Trading, RWE Supply & Trading, GTS, GTE & Gasunie Deutschland

Key presentations included:

Alaa Abu Jbara, Marketing Director, QATARGAS

Steve Hamilton, EVP Strategy, GDF SUEZ GLOBAL LNG

Jean Abiteboul, President, CHENIERE SUPPLY & MARKETING

Guy Broggi, Head of LNG Supply, TOTAL GAS & POWER

Simon Bonini, Director LNG, CENTRICA

Andy Flower, LNG Consultant

David Wells, VP Global LNG Supply, SHELL GAS & POWER

Stefan Bürkle, LNG Group COO, E.ON RUHRGAS

Simon Cattle, Head of Supply & Trading, Gas Trading – Europe and LNG, BP

David Fuller, Head of LNG, RWE SUPPLY & TRADING

Thierry Trouvé, Chief Executive Officer, ELENGY

Gregorio Morales, LNG Trading Manager, STREAM RGN

 

Next venue is planned as The 17th Annual Event in the Spring 2011- Hotel Okura, Amsterdam

 

UNCONVENTIONAL GAS 2010

http://www.smi-online.co.uk/events/overview.asp?ref=3201#sponsors

http://naturalgasforeurope.com/downloads/V68_Unconventional_Gas_Autumn.pdf


Maximizing efficiency; reducing costs; extracting best value

Unconventional gas resources are expected to steer the future of the energy sector in the coming years.

SMi’s 3rd annual Unconventional Gas conference will be taking a practical look at unconventional gas production challenges, where the pressure is on to reduce costs and still deliver positive results.

Monday 27th and Tuesday 28th September 2010, Marriot Hotel regents Park, London, UK.

To make the most from the underlying commercial opportunities, companies must be agile in analysing their business needs and implement robust strategies to maximise the benefit from these resources. At the same time technologies and the supporting infrastructure have to be both efficient and economically viable to ensure success.

Europe’s leading Unconventional Gas conference brings together industry experts and project operators to discuss the drivers, constraints and opportunities for non-conventional operations. Strategic examples and practical case studies will provide you with the know-how to succeed by being able to identify potential pitfalls and coming up with suitable solutions

 

GLOBAL SHALE GAS SUMMIT 2010

http://www.global-shale-gas-summit-2010.com/index.asp

Venue: Sofitel Warsaw Victoria Hotel, Poland, July 19 – 20th 2010

What Makes A Financially Viable Shale Gas Prospect?

The abundance in recent years of US shale gas has sparked enormous interest from the oil and gas industry into different shale regions around the world, where exploration is currently underway to find out if, and where, shale gas will be as productive as it is in North America.

But what can governments do to encourage the development of shale gas in their own countries?

How can investment in the expensive E+P process be encouraged, given the environmental and regulatory barriers-to-entry faced in some regions?

How can shale gas production become cost-competitive in different regions, given the current low price of gas?

As one of the hottest geographical areas so far identified for exploring the potential for shale gas as a cost-competitive resource, Warsaw is the ideal venue for this major Summit, enabling the global shale gas industry to meet with the key government and industry players in Poland, and potentially facilitating future energy independence from their Russian neighbors’.

Having seen the drastic impact of shale gas on both the North American and global energy balance now is a critical time to assess the realistic prospects and genuine business opportunities for shale gas production worldwide, by addressing the geological data and the commercial feasibility of shale gas technology when applied to other regions.

Expanding Cost-Competitive Shale Gas Worldwide

 

Where Do The Geological Prospects For Shale Gas Lie?

Without yet having conclusive data from shale gas drilling in Europe or elsewhere in the world, the industry nevertheless needs clarity on how and where shale gas is likely to be a commercially viable resource.  Moreover, outlining what data is available and what data is still needed to predict the future productivity of shales, compared to the three biggest shale plays in the US will be critical. The Summit will feature a series of detailed panels given by senior geologists from different regions of the world. Combined with governments talking about how regulatory and land use issues will affect the commerciality of shale gas in these regions, this will help companies to define how they can gain entry and move forward in different regions.

Cost Reduction, Optimization & Offsetting

Having delved into the geological data by region, countries need to find out exactly how the capital and energy-intensive exploration, drilling, completion and production processes can be optimized to make shale gas commercially-viable.

Leading service companies in the field will deliver innovative tools & techniques for throughout the exploration and production processes of shale gas, including cost-optimization of drilling and completion. This is also a chance to discuss how service companies envisage supplying demand for shale gas in the future and the cost implications of ramping up supply chain capabilities in new regions.

Opening the floor for a discussion on the application of North American technologies globally, breakfast briefings from independent US shale gas experts will bring newcomers up-to-speed on the economics, mechanics, and challenges of horizontal drilling and the use of the hydraulic fracturing technique.

Partnerships & Regionally-Specific Regulation – Strategies For Entry Into New Markets

Bringing government and industry together from Europe and beyond, this is the premier business conference to focus purely on strategies and solutions for expanding global shale gas.  Here, US shale gas experts will meet with governments to facilitate commercial shale gas development outside of North America for the first time.

High on the agenda for industry and government, this summit will also address the importance of managing and mitigating environmental risks, including water availability, disposal and reuse, to understand what the cost-implications of environmental risk will be.

The Need for Shale Gas: Why This Event Comes At A Crucial Time For The Global Industry

With US technical innovations allowing gas to be extracted in different shales across North America from previously impenetrable reserves, shale gas has never been a more important issue for the global oil and gas industry and those in charge of securing future gas supply. At this summit the industry will learn from US experiences, identify the challenges of expanding cost-competitive shale gas production worldwide, in terms of strategies and technology, and overcome regulatory and environmental barriers to bring this new resource to market at this crucial time, to meet the growing demands of gas consumers.

The author:

Stig-Arne Kristoffersen has a background as civil engineer and geoscientist. He has worked mainly within the oil and gas industry from the mid 1980s. He has written a few fictional novels as well as being the author of some professional litterature within oil and gas sector. He act as a writer to various web sites.

Stig-Arne Kristoffersen has a background as civil engineer and geoscientist. He has worked mainly within the oil and gas industry from the mid 1980s. He has written a few fictional novels as well as being the author of some professional litterature within oil and gas sector, he act as a writer to various web sites.


Article from articlesbase.com

European Residents Enjoy Hopping on Trains With an InterRail Pass

Traveling around Europe by train continues to be a popular choice amongst visitors, as Europe’s rail network is fast, safe, clean, efficient, and extremely well connected.

InterRail Passes are comparable to Eurail Passes, as they both offer value to travelers interested in flexible access to selected European national rail services, however InterRail Passes are for European residents and Eurail Passes are for international visitors traveling to Europe.

An InterRail Pass can be purchased in two varieties; one is the InterRail Global Pass and the other is the InterRail One Country Pass.

InterRail Global Pass Countries: An InterRail Global Pass is valid for travel throughout these 30 countries: Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, the Czech Republic, Denmark, Finland, France, Germany, Great Britain, Greece, Hungary, Ireland, Italy, Luxembourg, FYR Macedonia, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland and Turkey.

InterRail Global Pass Validities: Select your InterRail Global Pass for travel during a consecutive period or with ‘flexi’ travel days. 15 days, 22 days, or 1 month of consecutive travel is ideal if you plan on being on the move during this period, whereas, 5 flexi days within 10 days or 10 flexi days within 22 days is suited for travelers who plan on staying a bit longer at each destination.

InterRail One Country Passes: An InterRail One Country Pass is valid for travel throughout one of these 26 European countries: Austria, Benelux, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Greece Plus, Hungary, Ireland, Italy, Macedonia FYR, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland and Turkey.

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InterRail One Country Pass Validities: All InterRail One Country Passes are available for 3, 4, 6 or 8 travel days within one month. This is considered a Flexi Pass as you can pick your travel days within this period.

After reviewing the InterRail Pass, here are your top 4 questions, answered!

Am I eligible to travel with an InterRail Pass?

You are eligible to travel with an InterRail Pass if you have been a resident in a European country for at least 6 months. An InterRail Pass may only be used by residents of Europe, the Russian Federation or Turkey. However you may not travel in your own country of residence with an InterRail Pass.

What is a Flexi Pass and travel day?

When traveling with an InterRail Global Pass or InterRail One Country Pass, ‘Flexi’ days allow you to fill in the date in the travel calendar on your pass before boarding the train. Each travel day lasts anytime from midnight of one day to midnight the next day.

How do I benefit from the InterRail youth discount?

Youth passes are available for travelers 12- 26 years of age (inclusive). You can save on second class fares, on select InterRail Passes, including InterRail Global Passes and the following InterRail One Country Passes: Austria, Benelux, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Macedonia FYR, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland and Turkey. Youth are also able to travel in first class if they prefer but would then need to purchase a first class adult pass. Please also note that children, aged 4-11 years of age (inclusive), are entitled to a 50% reduction on the adult price in first or second class, and children under the age of 4 travel for free.

On which trains is a seat reservation required?

When reservations aren’t necessary, you can just hop on the train with your InterRail Pass! Otherwise, it will be indicated when you check timetables if a train is subject to compulsory reservation. When a seat reservation or supplement is required, the cost is not included in the InterRail Pass and varies depending on the country, type of train and date of purchase/travel. Here is the general rule: most international long-distance trains require a reservation, as well as various domestic high-speed trains. Night trains always require a supplement for sleeping accommodation. Seat reservations are not usually necessary for local or regional trains. Please note that on some trains (such as Thalys, TGV and Alaris), the number of seats for InterRail Pass holders are limited. Therefore, you should reserve these trains in advance, especially in high-season. It is also recommended that you make reservations during peak travel periods and if you must reach your destination at a specific time.

To read more about InterRail Passes or to book your pass today visit: www.ACPRail.com.

(If you are not a European resident, please check Eurail Passes).

Angela Guezen is a travel professional who has explored the likes of Australia, Japan, and Europe. With a love for beautiful landscapes she has great appreciation for train travel and shares this passion with fellow travelers by writing for www.ACPRail.com and wwwBritRail.com.


Article from articlesbase.com

Central European road construction market to exceed ?15bn by 2013

Capital expenditure on the road infrastructure is poised to considerably increase in Central Europe in the coming years. However, due to the magnitude of the planned projects, not all of the tasks expected to be financed from the EU budget for 2007-2013 will be executed. Thus, the final shape of the EU budget for 2014-2020 is crucial for the countries in the region.

In the latest report entitled “Road construction market in Central Europe 2010 ? Development forecasts and planned investments”, the market research company PMR estimates that after a 2% decline in 2009, the road construction market in Central Europe will develop at the average nominal rate of 5% in the coming years, with its value exceeding €15bn annually in 2012 and 2013.

According to PMR’s report, Poland will exert the strongest influence on the situation in the region’s road construction market; this country represents 40% of the market’s value and currently prepares road infrastructure for the approaching Euro 2012 football championships. Thanks to sizeable investments in motorways and expressways, unprecedented in Poland’s history, the Central European road construction market is expected to report positive rate of growth. “Currently, the construction of almost 1,300 km of expressways and motorways in Poland, worth over €14bn, is already contracted. These projects have already commenced or will begin soon. Moreover, calls for tenders concerning projects with the total length of over 600 km have already been announced and these projects should be contracted in the coming months”, says Bartlomiej Sosna, Senior Construction Analyst at PMR and the author of the report.

More importantly, procedures related to the preparation of the expressway network construction gained pace; in Poland, the expressway network is expected to be twice as dense as the country’s motorway network. Thus, in 2010-2013, Poland will account for a steep two-thirds of the 1,200 km of new expressways in the region. As far as motorways are concerned, the other countries in the Central European region perform significantly better, thus the proportions in the regions will be maintained – almost 60% of the 1,700 km new motorways expected to be constructed in 2010-2013 will be built in the five smaller countries of the region (Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia).

While it is true that each of the countries described in the report faces its typical problems, there are some common denominators all the countries in the region share such as rising effectiveness of administration preparing road investments, difficulties in obtaining funding for public-private partnership contracts on time, growing competition in the road construction sector evidenced by a greater number of foreign market players, companies formerly specialising in the construction of buildings entering the road construction sector and lower asking prices in public tenders.

Romania has the least developed road network among all the EU countries, which covers a little more than 320 km of motorways. The Romanian government will first focus on road projects within the European transport corridors. In addition to completing the construction of A1, A2 and A3 motorways, there are plans to construct A4 and A5, but neither of them stands a chance of being completed in the current EU budget perspective.

The Hungarian road market peaked in 2006, while in 2007-2009, its value was around 70% of the one reported for 2006. Hungary is crossed by four trans-European road corridors which are over 2,000 km in total length. A priority for the Hungarian government is now to continue the construction of these corridors.

The main objective for the Czech government is to build missing sections of motorways of ca. 900 km in length and at least 1,000 km of expressways. However, as the Ministry of Transport admits, the construction of the full expressway and motorway network may be completed only in 2025, and the total cost of these projects can be up to €20bn. To compare, less than 100 km of motorways, expressways and Class I roads, worth €1.4bn, will be completed for use in 2010.

In terms of road network expansion, the key tasks for the Slovak government are to complete the construction of D1 and D3 motorways and to develop the expressway network. Of all the countries in the region, Slovakia relies the most on public-private partnership arrangements, under which 105 km of D1 motorway and over 50 km of R1 expressway will be built.

Bulgaria plans to build over 200 km of motorways and approx. 370 km of lower classified roads in 2010-2013 using the available EU funds. The highest priority is A1 motorway linking Sophia and Burgas, to which €350m has been allocated for building part of the missing 115 km of the motorway. The construction of the missing 70 km of A3 will consume over €200m, and €250m has been allocated to a section of A6. A4 will be constructed after 2013 using the funds from the next EU budget perspective.

In this respect, the situation in the other countries in the region, including Poland, is similar. Therefore, Central European countries will seek sources of funding to continue the extension of road infrastructure in the EU budget for 2014-2020, the shape of which will be the subject of an apparently tough battle.

This press release is based on information contained in the latest PMR report entitled “Road construction market in Central Europe 2010 ? Development forecasts and planned investments“.

PMR (www.pmrcorporate.com) is a British-American company providing market information, advice and services to international businesses interested in Central and Eastern European countries as well as other emerging markets.


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The Concept of Freedom Of Establishment in Relation with Turkey and European Economic Community

1. Introduction Historical Background of Turkey – EEC relations As prominent French Historian and Turcologist, Prof. Dr. Jean-Paul Roux said “Turks always aspired Europe like aspiring a beautiful woman, sometimes passionately, sometimes with disappointments and sometimes with grudge”. As a matter of course, author’s purpose was to define Ottoman society’s frame of mind in a particular time period. However when taking account of Turkey-EC relationship, it can be said that striking feature of today coincides in this respect with the past.
Unfortunately, Turks have a somewhat negative image in the European Union, not because of any abnormal behaviour but because they reflect, or seem to reflect, negative western image of Islam. However, Turkey’s negative image is overdrawn and today represents something of a throwback to certain realities of earlier decades. With each new generation, the Turks living in Europe are gradually becoming better educated, more professionally skilled, and more integrated into European life. Furthermore, Turks are developing a clear European identity. While they still have a long way to go and mostly live in close-knit communities in a few key cities, by objective measures the profile of the Turkish reality in Europe is on the rise and encouraging. 1
In consideration of the longstanding relationship with EC-Turkey, there is always doubt about the sincerity and the aspiration of the Western European countries concerning with economic and political integration of Turkey mainly due to the fact mentioned above and some other fears such as geographical location and man-power emigration . In the process of Turkish integration, the approach of the member state countries to Turkey is generally based on maintaining their relations in minimum level with Turkey to secure their national interest. On the contrary from the Turkish perspective, the integration process was regarded as an important instrument to reach the ultimate goal of Turkish modernization project which had been successfully envisioned and implemented by the founder of Turkish Republic, Mustafa Kemal Ataturk.2
The first contractual relationship with then European Economic Community (EEC) dates back to 1963, with the signature of the association agreement. The subsequent decades witnessed a series of ups and downs in EEC – Turkey Relations, mainly as a result of Turkey’s domestic
1 Graham Fuller, New Turkish Republic: Turkey As a Pivotal State in the Muslim World, (United States Institute of Peace Press, Washington DC 2008) Page 148
2 Prof. Dr. Enver Bozkurt , Associate Prof. Dr. Mehmet Özcan and Prof. Dr. Arif Koktas, European Union Law, (4th Edn, Asil Yay?n Dagitim Ltd. Sti.,Ankara 2008)p.368
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turmoil. However, even the most difficult moments, Turkey never abandoned its rhetorical goal of moving closer to the Community.3 Ultimately, In 2004, the European Union delivered the historical and long awaited decision to open the formal accession negotiations with Turkey.4
In October 2005, the European Union started the accession negotiation with Turkey. This was a ground breaking event of the long history of the EU-Turkey relations. A close, special relationship is now being built in a constructive manner and with the long-term prospect of EU membership. Yet, the EU has exclusively underlined an ‘open ended’ nature of accession negotiations, ‘outcomes of which cannot be guaranteed beforehand. ‘Therefore question of as to whether EU membership will be the final outcome of the negotiations for Turkey still unclear thus remains to be seen in the foreseeable future.5
EU-Turkey relations have experienced serious difficulties resulting from the essential incompatibility of both parties’ policies with the declared objectives of their association agreement. In particular, it seems unlikely that the ultimate objective of the Association agreement – Turkish accession to the EU will be achieved in the foreseeable future. On the one hand, this is because the EU has always considered Turkey to be an awkward candidate for EU membership: Turkey is different, problematic and thus, by the implication, a more difficult case than any of the other applicants. The EU’s scepticism towards the prospect of Turkish membership can be seen in its policies, which have basically sought to maintain and strengthen the existing association agreement. However, this has been inadequate to prepare Turkey for EU membership.6 Despite of mentioned difficulties, customs union which is envisaged by the Association Agreement was established on 31 December 1995.7 Therefore one of the freedoms of The Community currently functions between Turkey and EU countries. This development must be deemed as an important signal for future integration of Turkey to EU. Association relationship between Turkey and EEC has been also developed by the various decisions of EC-Turkey Association Council which was established as a superior organ of association relation. Certain rights had been granted to Turkish nationals however, these rights were not properly implemented by the member states. This controversial situation is commonly perceived as an unfair and hypocritical by Turkish academicians and also by Turkish public opinion. In this sense, European Court of Justice (Herein after ECJ) played an active and important role to interpret and to improve the rights granted to Turkish nationals by its own decisions.
Firstly, in 1987 legal struggle of Turkish Nationals had become a current issue by decision of Meryem Demirel Case and continued with the improvement of subsequent 37 decisions which
3 Susannah Verney & KostasIfantis, Turkey’s road to European Union Membership : National Identity and Political Change (Routledge,Newyork,2007) p.21 4 Kerim Yildiz& Mark Muller, The European Union and Turkish Accession : Human rights and the Kurds, (Pluto Press,London) p.1 5 Harun Arikan, Turkey and The EU : An awkward candidate for EU membership? (2nd edn, Ashgate, Hampshire, April 2006) p.1 6 Ibid Page 2 7 Decision 1/96 of the EC-Turkey Customs Cooperation Committee laying down detailed rules for the application of Decision 1/95″ (O.J. 1996 L 200/14)
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came until today and which appears as a notable judicial precedent in this particular legal field. The process had been initiated by European Court of Justice recognizing that agreement establishing association between Turkey and EEC is integral part of the Acquis Communautaire and ECJ also considered itself as an authorized body for the disputes concerned. Subsequently, ECJ also considered decisions of EC-Turkey Association Council as integral part of the Acquis Communautaire. In this process, the most significant development was recognition of the direct applicability in relation to the content of the Additional Protocol and decisions of EC-Turkey Association Council.8 When considering the context of the Association Agreement, three main titles such as rights granted to Turkish workers in the framework of the decisions of EC-Turkey Association Council, freedom to provide services and freedom of establishment attract the attention of the media and public opinion in Turkey. Additionally, 37 decisions of ECJ is relevant with this mentioned fields. In this study, the freedom of establishment and the disputes arises from the restrictions in relation to freedom of establishment towards Turkish nationals by EC member states will be evaluated under the legal scope of Association Agreement and annexed protocol. The study will be also touched briefly on the subject of freedom of establishment and its perception in European Community which constitutes necessity to comprehend the concept of freedom of establishment in real terms. 2. Concept of Establishment Article 13 of the Ankara agreement lays down that “The Contracting Parties agree to be guided by Articles 52 to 56 and Article 58 of the Treaty establishing the Community for the purpose of abolishing restrictions on freedom of establishment between them.” Therefore, the agreement underlines the guidance of above mentioned articles of EEC treaty in regard to the freedom of establishment. In this sense, the definition of the concept of the establishment under the EC and EU treaties also requires to be comprehended entirely in order to construe the concept which set out by the Ankara Agreement. 2.1 The Right of Establishment Under EC Treaty
The right of establishment is described by the ECJ as ‘Fundamental Community rights’. The principle on which these rights are based is the principle of non-discrimination on ground of nationality, whether arising from legislation, regulation or administrative practice. The principle is binding on all competent authorities as well as legally recognized professional bodies.9
The principle of freedom of establishment and all the rights connected to it constitute in substance a possibility for individuals (natural persons as nationals of a Member State) and companies (within the Community), without any distinction as regards nationality or residence,
8 Prof. Dr. Haluk Kabaalioglu & Dr. Rolf Gutman,The Freedom of Establishment and Providing Services of Turkish Nationals in the Member States of European Union : The Trend developed out of Standstill Provision Within Association Agreement (December 2007,Istanbul), p.3 9 Josephine Steiner & Lorna Woods, Textbook on EC LAW, (7th edition, BlackStone Press, London,2000) P.329
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to start up with economic activity in any Member State in a stable and continuous way. This applies also to the state owned companies. The freedom of establishment, one of those freedom-principles is provided in the EU Treaty (Articles 43-48, ex 52-58). The freedom itself is a fundamental (right), effective and very broadly interpreted principle. Its restrictions, on the other hand, must be interpreted narrowly and literally. This freedom should be guaranteed as much for companies as it is guaranteed to physical persons.10 ‘Companies or Firms’ means ‘companies or firms constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are ‘non-profit making’ (Article 48(1) (ex 58(2)) EC). Companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community shall, for the purposes of this Chapter, be treated in the same way as natural persons who are nationals of Member States (Article 48(1) (ex 45(1)) EC) The Community nationals may also buy shares of companies in all member States. It may be mentioned too that the Treaty has changed not anything in the system of law of private property of Member States (Article 295 (ex 222)) 2.2 Distinguishing Between Right of Establishment and Right to Provide Services
The criteria for distinguishing between self-employed activities and employment in the labour market are not very clear. The courts have repeatedly established this and insisted on publication of clear criteria. Sometimes they specified that the bearing of entrepreneurial risks and the actual management of the enterprise could be central criteria.11
Title III of the EC Treaty includes chapter 2 on the right of establishment, followed by chapter 3 on services. Commentators frequently consider these to be two aspects of the same right, namely, the right to conduct freely commercial, financial or professional activities throughout the Community, and find the line of demarcation between the two difficult to discern. There is a great deal of truth to this observation. Implementing legislation and interpretative case law often apply to the exercise of both rights, without any distinction drawn between them. However, in some instances, a particular aspect of the exercise of a right, or a particular limit on a right, is specific either to the provision of services or to establishment. Accordingly, one should try to keep the two Treaty rights distinct.12
Articles 43 and 49 of the EU treaty may appear to overlap, but in separating their application a rule of thumb may be employed; art 43 relates to the freedom to establishment. This entails the ‘actual pursuit of an economic activity through a fixed establishment in another Members State
10 Dr. Markku Kiikeri,’The Freedom of Establishment in the European Union’,(2002),Report to the Finish Ministry of Trade and Industry, p.29 http://www.helsinki.fi/publaw/opiskelu/Eurooppaoikeus/Sijoittautumistutkimus.englanti.Kiikeri.pdf accessed 01 February 2009 11 Anita Bocker & Elspeth Guild, Implementation of the Europe Agreements in France, Germany, The Netherlands and the UK: movement of Persons (Platinium Publishing, London 2002) p.67 12 George A. Bermann, Roger J. Goebel, William J. Davey and Eleanor M. Fox, Cases and Materials On European Union Law, (2nd edition, West Group Publishing Company, St. Paul 2002), P.654
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for an indefinite period': R v Secretary of State for Transport, ex parte Factortame Ltd and Others Case13. According to the case of Gebhard v Consiglio dell’ Ordine degli Avvocati e Procuratori di Milano14, establishment requires the activity to be carried out on a ‘stable and continuous basis’.
Article 49 applies where a person simply conducts professional forays into another Member State without establishing a business presence there, or, as we shall see, wishes to receive services for a Temporary period in another Members State. A community national will therefore rely on this provision when their activities are temporary will be decided by reference to ‘not only the duration of the service, but also of its regularity, periodicity or continuity’. 15 2.3 Restrictions on Freedom of Movement and Residence in EC Directive 73/148 applies to both the right of establishment and the provision of services. The Directive abolished restrictions on the movement and residence of:
(a) Nationals of member states who are established in one member state and wish to establish in another member state or to provide services.
(b) Nationals who wish to go to another member state as the recipients of services (e.g. as tourists)
(c) Spouses and children under 21 years of nationals
(d) Relatives (both ascendant and descendant) of nationals and of spouses where dependent. 16
Under the Directive (similar in scope to Directive 68/360 for workers), those who benefit may leave and re-enter the territory on production of the necessary identity card. Those entering for the purpose of establishment have permanent right of residence and are entitled to a five-year, automatically renewable residence permit. Directive 75/34 also applies to both establishment and the provision of services. It provides for the self-employed and their families to remain after retirement.17 3. Association Agreements Concluded with Non-Member States in Relation To Freedom Of Establishment
The Association Agreements concluded with non-member states must be considered when speaking about the freedom of establishment – especially those with countries in the process of accessing to the European Union. Therefore, it is worthy to give a place in this study in order to
13 Case C-213/89 R v Secretary of State for Transport, ex parte Factortame Ltd and Others Case (ECJ 19 June 1990) 14 Case C-55/94 Gebhard v Consiglio dell’ Ordine degli Avvocati e Procuratori di Milano (ECJ 30 November 1995) 15 Joanne Coles, Law of the European Union, (3rd Edition, Old Bailey Press, London, 2001) p. 190 16 Penelope Kent, Law of the European Union,(3rd Edition, Pearson Education Limited, Edinburgh, 2001) p. 175, 176 17 Ibid
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comprehend the freedom of establishment in the context of Association Agreements concluded with non-member states-EC.
The agreements promote trade and harmonious economic relations so as to foster the development of prosperity in those States and facilitate their future accession. In 1998, the EU formally launched the process that should lead to its enlargement to Central and Eastern Europe. The process embraces ten central and Eastern European Countries (Herein after CEECS). Accession negotiations were opened with five of these countries (CEECs). Accession negotiations were opened with five of these countries (the Czech Republic, Estonia, Hungary, Poland and Slovenia) on 31 March 1998, and with five other countries (Romania, the Slovak Republic, Latvia, Lithuania and Bulgaria) on 15 February 2000. All these agreements have granted the right of establishment of CEEC companies, branches and agencies, including small-service companies, even sole proprietorships, and in nearly all cases also the establishment of self-employed persons.18
Again the provisions in the Agreements are very similar in particular as regards the Agreements with Bulgaria, the Czech Republic, Hungary, Poland, Romania and Slovakia. As regards the three Baltic States and Slovenia the Agreements are more different – in particular, the right to self employment is specifically aimed at companies from the parties, but then extended by a separate provision to natural persons at the end of the transitional periods. The Estonia Agreement provides for the extension of the right to the self-employed only where the individual is established although the definition of the right is “to take up economic activities as self-employed persons…”.This particularity has been considered significant by some commentators.19
The Europe Agreements define EC and CEEC companies as companies or firms that have been set up in accordance with the laws of one of the parties to the EA in question, and whose registered office, central administration or principle place of business is located in territory of within the EC or in the other Contracting Party. Partnerships are included in this definition, because the right of establishment grants individuals the right to set up and manage companies.20
In most of these association agreements there exist provisions prohibiting discrimination on grounds of nationality, i.e., discrimination against nationals of those States. Those can be self-employed workers or persons setting up and managing companies (right of establishment) (in the context of freedom of establishment). Such nationals are entitled to treatment that is no
18 Anita Bocker & Elspeth Guild, Implementation of the Europe Agreements in France, Germany, The Netherlands and the UK: movement of Persons (Platinium Publishing, London, 2002) p.1 19 ibid page 14 20 Andrea Ott, Kirstyn Inglis & Marescae, Handbook on European enlargement : a commentary on the enlargement process (T.M.C Asser instituut, The Hague 2002) p. 468
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less favourable than that accorded to companies and nationals of the Member States.21 This applies also to companies from those countries. The right to entry and residence is also included.22
In some recent decisions the Court has maintained (and confirmed) that the nationals from those countries having the association agreement with the Community may invoke the right to free establishment in national courts (direct applicability)23. In other words, those nationals are granted a right of establishment, i.e., a right to take up activities of an industrial or commercial character, activities of craftsmen, or activities of the professions, and to pursue them in a self-employed capacity, and they may enforce their right legally in the host country.
However – contrary to the “normal” establishments, the Member States may retain the right, under those agreements, to regulate rights of entry and residence of nationals of those countries, and apply certain rules of stay, work, and labour. Doing this, however, they must be sure that the domestic immigration rules must not nullify or impair the benefits granted to such nationals under the right of establishment provided for in the agreements. This right of the member States means, however, that even if the residence and entry cannot be refused on the basis of nationality, the nature and the possibilities for the business activity can be examined more closely in a preliminary procedure (unlike in the case of EU nationals). This concerns also the control of the purpose of the visit. Furthermore, the abuse and misuse of law can result consequences (just like for EU nationals).24
Hence, the right to establishment is not as unconditional as for the EU nationals. This means that the scope of the principle of proportionality and the meaning of the wording is different, and the interpretation of the rights and freedoms is different too. In the end, however, the measures taken by the national authorities must not affect the very substance of the rights of entry, stay and establishment. Furthermore, they are also protected by the fundamental rights (the right to respect for family life and the right to respect for property), which rules derive from the European Convention for the Protection of Human Rights and Fundamental Freedoms of Article 291, Article 294 and 295. As mentioned also in the Court’s case law, any restrictions relating to the control of capital by natural or legal persons are contrary to the Article 294 (ex 221). It explicitly maintains that no national discrimination may exist for owning capital in companies of a country.25
21 See further information, Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, [31 December 1993] OJ L 348/3, Europe Agreement Establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, [31 December 1994] OJ L 358
22 See further information, Case C-37/98 Savas v The Queen Secretary of State for the Home Department (ECJ 11 May 2000) paragraph 60/63 23 Case C-262/96 Sema Sürül and Bundesanstalt für Arbeit (ECJ 4May 1999) paragraph 60
24 Dr. Markku Kiikeri,’The Freedom of Establishment in the European Union’,(2002),Report to the Finish Ministry of Trade and Industry, p.93 http://www.helsinki.fi/publaw/opiskelu/Eurooppaoikeus/Sijoittautumistutkimus.englanti.Kiikeri.pdf accessed 01 February 2009 25 Ibid Page 94
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Considering the subject matter, it is noteworthy to touch on some ECJ decisions concerning right of establishment in relation to Europe Agreements which were concluded by CEECs in advance of their accession to EU. Among these decisions Glozczuk26, Kondava27 and particularly Barkaci and Malik28 decisions must be specified.29
In Barkaci and Malik Case30, Mr. Barkoci and Mr. Malik applied for political asylum in the United Kingdom in 1997. They stated that they were from the Czech Republic (CEECs country), but their applications were unsuccessful. They also submitted applications in 1998 to become established in the United Kingdom under the relevant Association Agreement as a self-employed gardener (Mr. Barkoci) and a provider of domestic and commercial cleaning services (Mr Malik). The authorities chose to treat those applications as applications for initial leave to enter, even though Mr. Barkoci and Mr. Malik were already present within the territory of the United Kingdom. In regard to their plans for establishment, the authorities were not satisfied that these would be financially viable and that the activities contemplated would be carried on in a self-employed capacity, and for those reasons dismissed their applications.31 The Court’s respond to it can be seen below:
‘The condition set out at the end of the first sentence of Article 59(1) of that Association Agreement must be construed as meaning that the obligation on a Czech national, prior to his departure to the host Member State, to obtain entry clearance in his country of residence, grant of which is subject to verification of substantive requirements, such as those laid down in paragraph 212 of *the United Kingdom+ Immigration Rules *(House of Commons Paper 395) “the Immigration Rules”+, has neither the purpose nor the effect of making it impossible or excessively difficult for Czech nationals to exercise the rights granted to them by Article 45(3) of that Agreement, provided that the competent authorities of the host Member State exercise their discretion in regard to applications for leave to enter for purposes of establishment, submitted pursuant to that Agreement at the point of entry into that State, in such a way that leave to enter can be granted to a Czech national lacking entry clearance on a basis other than that of the Immigration Rules if that person’s application clearly and manifestly satisfies the same
26 Case 63/99, The Queen, ex parte Wieslaw Gloszczuk and Elzbieta Gloszczuk v. Secretary of State of Department (ECJ 27 September 2001) 27 Case 235/99 The Queen, ex parte Eleanora Ivanova Kondova v Secretary of State for the Home Department (ECJ 27 September 2001) 28 Case 257/99 Barkoci and Malik (ECJ 27 September 2001) 29 Associate Dr. Sanem Baykal,’The Freedom of Establishment and Providing Services of Turkish Nationals in the Member States of European Union’,(December 2007,Istanbul),Interpretion and scope of Standstill provison regulated by the additional protocol 41/1 under the context of Association Law between Turkey-EC and decisions of ECJ, p.14 30 See n 28
31 Press and Information Division of European Court of Justice,‘Judgments of the Court in Cases C-63/99, C-257/99 and C-235/99 The Queen v Secretary of State for the Home Department, ex parte Wieslaw Gloszczuk and Elzbieta Gloszczuk, The Queen v Secretary of State for the Home Department, ex parte Julius Barkoci and Marcel Malik, The Queen v Secretary of State for the Home Department, ex parte Eleonora Ivanova Kondova’,(27 September 2001),Press Release no:45/01, p.93 http://curia.europa.eu/en/actu/communiques/cp01/aff/cp0145en.htm accessed 01 February 2009
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substantive requirements as those which would have been applied had he sought entry clearance in the Czech Republic.’32 And continued as:
‘… without even addressing the question whether Article 59(1) of the Association Agreement allows the competent authorities of the host Member State to refuse admission to its territory for a Czech national who does not hold entry clearance, it will be sufficient to examine whether the application by the United Kingdom authorities of national immigration legislation, including the exercise of the Secretary of State *for the Home Department+’s discretion to determine whether the condition relating to possession of entry clearance may be set aside in individual instances, appears on the whole to be in accordance with the condition set out at the end of the first sentence of Article 59(1) of the Association Agreement.’33 It is also noteworthy to take into account of subsequent Lili Georgieva Panayotova and Others v Minister voor Vreendelingenzaken en Integratie case which is also referring to Barkaci and Malik decision in its justification. ‘Articles 45(1) and 59(1) of the Association Agreement between the Communities and Bulgaria, read together, Articles 44(3) and 58(1) of the Association Agreement between the Communities and Poland, read together, and Articles 45(3) and 59(1) of the Association Agreement between the Communities and Slovakia, read together, do not in principle preclude legislation of a Member State involving a system of prior control which makes entry into the territory of that Member State with a view to establishment as a self-employed person conditional on the issue of a temporary residence permit by the diplomatic or consular services of that Member State in the country of origin of the person concerned or in the country where he is permanently resident. Such a system may legitimately make grant of that permit subject to the condition that the person concerned must show that he genuinely intends to take up an activity as a self-employed person without at the same time entering into employment or having recourse to public funds, and that he possesses, from the outset, sufficient financial resources for carrying out the activity as a self-employed person and has reasonable chances of success. The scheme applicable to such residence permits issued in advance must, however, be based on a procedural system which is easily accessible and capable of ensuring that the persons concerned will have their applications dealt with objectively and within a reasonable time, and refusals to grant a permit must be capable of being challenged in judicial or quasi-judicial proceedings. Those provisions of the Association Agreements must be interpreted as likewise not in principle precluding such national legislation from providing that the competent authorities of the host Member State are to reject an application for a full residence permit with a view to establishment in accordance with the Association Agreements submitted in the territory of that State when the applicant lacks the temporary residence permit thus required by that legislation.
32 Case 257/99 Barkoci and Malik (ECJ 27 September 2001) Paragraph 4 of The Operative Part of Judgement 33 ibid Paragraph 69
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It is immaterial in this regard that the applicant claims to satisfy clearly and manifestly the necessary substantive requirements for grant of the temporary residence permit and the full residence permit with a view to such establishment or that the applicant is legally resident in the host Member State on another basis on the date of his application where it appears that the latter is incompatible with the express conditions attached to his entry into that Member State and in particular those relating to the authorized duration of the stay.’ 34
The provisions in the Europe Agreements on the establishment of self-employed persons and undertakings from the CEECs are to be understood in accordance with the definition of establishment in Article 43(1) of EU Treaty. The provision takes the form of a prohibition against discrimination and is interpreted as having direct effect in case-law of the ECJ. In accordance with the precedents of the ECJ, the right of establishment laid down in the Europe Agreements implies an ancillary right of entry and residence for nationals of the countries of Central and Eastern Europe who want to exercise industrial, commercial, craft and freelance activities in an EU member state.35
In The Queen, ex parte Eleanora Ivanova Kondova v Secretary of State for the Home Department case36, The Court also accreted that : It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). According to that case-law, the extension of the interpretation of a provision in the Treaty to a comparably, similarly or even identically worded provision of an agreement concluded by the Community with a non-member country depends, inter alia, on the aim pursued by each provision in its own particular context. A comparison between the objectives and context of the agreement and those of the Treaty is of considerable importance in that regard (see Metalsa, cited above, paragraph 11).
34 Case C-327/02 Lili Georgieva Panayotova and Others v Minister voor Vreendelingenzaken en Integratie (ECJ 16 September 2002) Paragraph 39 Operative part 1-3 35 Evtimov Erik,’ The freedom of movement for workers under the Europe Agreements of the EC with Central and Eastern European countries’ : Comment on the ECJ decision of 29 January 2002 – C-162/00 – Land Nordrhein Westfalen v Beate Pokrzeptowicz-Meyer’,(2002), The European Legal Forum (E) 4-2002, 235 – 239 , p.3 36 Case 235/99 The Queen, ex parte Eleanora Ivanova Kondova v Secretary of State for the Home Department (ECJ 27 September 2001)
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The Association Agreement is designed simply to create an appropriate framework for the Republic of Bulgaria’s gradual integration into the Community, with a view to its possible accession, whereas the purpose of the Treaty is to create an internal market, establishment of which involves the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital (see Article 3(c) of the EC Treaty (now, after amendment, Article 3(1)(c) EC)). 37 This approach of the Court is crucial for further parts of our study in order to understand the scope of freedom of establishment which grants ancillary rights such as the right of entry and residence to Turkish Citizens. Finally, it must be borne in mind that decisions concerned do not deal with the standstill clause which will be clarified in the further part of the study. Accordingly, this additional info must not be disregarded in course of comparison between cases arise from Ankara Agreement and cases arise from Europe Agreements. 3.1 Jurisdiction of European Court of Justice Over Association Agreements Concluded by The Community with Non-Member States and The Evaluation of Decisions Related to EC-Turkey Association Council in Parallel With The Subject Matter
In the Demirel Case38, the court ruled that it has jurisdiction to interpret the provisions on freedom of movement for workers contained in the Ankara Agreement and its additional protocol with reference to Community’s responsibility for the due performance of the international agreements. The provision on the movement of persons will also come under scrutiny with currently five case pending before ECJ in the form of preliminary ruling from national courts.39
There is some argument about whether the concept of the mixed agreement is one which should be recognized in Community Law. However, there can be no doubt that the court of justice recognizes such concept and indeed has referred specifically to the Ankara Agreement as such an agreement. The essential feature of mixed agreements is that some provisions fall within the competence of the community, while others fall within the competence of the Member States. However, the court of justice is reluctant to allocate exact division of competence. Instead it emphasizes the need for common action or “close co-operation” thus requiring double common standards to be reached and uniform to be reached and uniform interpretation of provisions contained within the agreements.40
37 Ibid paragraph 51-53 38 Case 12/86 Meryem Demirel v Stadt Schwäbisch Gmünd (ECJ 30 September 1987) 39 Kronenberger Vincent & Captain Paul Joan George, The European Union and The International Legal Order (1st Edition, T.M.C Asser Press, Brussels) p. 106 40 Nicola Rogers, A practitioners’ guide to the EC-Turkey Association Agreement , (Kluwer Law International, The Hague 2000), Page 5
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How far the court can go in determining issues of interpretations in mixed agreements is a source of anguish for member states, which would rather preserve greater proportions of agreements to their exclusive jurisdiction. In Demirel Case41, the German and the United Kingdom governments argued that the court did not have jurisdiction to rule on the interpretation of a provision in a mixed agreement over which the Member States had exclusive jurisdiction. Even the Commission agreed that it would be ‘illogical’ to refer for review by the court of justice provisions over which the member states have exclusive jurisdiction. The court side-stepped the issue by holding that the relevant provisions concerned the free movement of workers which fell within the power in conferred on the community article 31042 The court held in Demirel decision as follows:
‘An agreement concluded by the council under articles 228 and 238 of the EEC treaty is, as far as the Community is concerned, an act of one of the institutions of the community within the meaning of Article 177 (1) (B), and, as from its entry into force, the provisions of such an agreement form an integral part of the community legal system; within the framework of that system the court has jurisdiction to give preliminary rulings concerning the interpretation of such an agreement. In the case of provisions in an association agreement concerning the free movement of workers, doubt cannot be cast on that jurisdiction of the court by the argument that, in case of a “mixed” agreement, its powers do not extend to provisions whereby the member states have entered into commitments in the exercise of their own powers. Since freedom of movement for workers is, by virtue of article 48 et seq. of the EEC treaty, one of the fields covered by that treaty, commitments regarding freedom of movement fall within the powers conferred on the community by article 238.
Nor can the jurisdiction of the court be called in question by virtue of the fact that in the field of freedom of movement for workers, as community law now stands, it is for the member states to lay down the rules which are necessary to give effect in their territory to the provisions of the agreement or the decisions to be adopted by the association council, in ensuring respect for commitments arising from an agreement concluded by the community institutions the member state fulfil, within the community system, an obligation in relation to the community, which has assumed responsibility for the due performance of the agreement. ‘43
In Sevince case44, The Court referred to the Demirel case and also ruled that ‘the same criteria apply in determining whether the provisions of a decision of the Council of Association can have
41 See n 38 42 Ibid, Page 6 43 See n 38 44 Case C-192/89 S. Z. Sevince v Staatssecretaris van Justitie (ECJ 20 September 1990)
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direct effect.’45 And additionally The Court determined the scope of the decisions in reply to the Raad van State of the Netherlands:
‘The interpretation of Decision No 2/76 of 20 December 1976 and Decision No 1/80 of 19 September 1980 of the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey falls within the scope of Article 177 of the EEC Treaty .
Article 2(1)(b ) of Decision No 2/76, cited above, and Article 6(1 ) of Decision No 1/80, cited above, and Article 7 of Directive No 2/76 and Article 13 of Decision No 1/80 have direct effect in the Member States of the European Community’.46 3.2 The Content of Ankara Association Agreement With Turkey
The association Agreement with Turkey was signed in Ankara on 12 September 1963. The Ankara Agreement provided for an EC-Turkey Association Council that met regularly and evaluated the outcomes of the association. The Additional Protocol to the Association Agreement that was signed on November 23, 1970, and came into force on January 1, 1973, contained a road map for the realization of the customs union within twenty-two years.47 It’s also noteworthy to bear in mind that article 28 of the Agreement envisages possible accession to EC, article concerned lays down that:
‘As soon as the operation of this Agreement has advanced far enough to justify envisaging full acceptance by Turkey of the obligations arising out of the Treaty establishing the Community, the Contracting Parties shall examine the possibility of the accession of Turkey to the Community.’48 The Ankara Agreement is divided into three Titles:
Title I sets out the principles of the agreement. Title II lays down the framework for the transitional stage of the Association. Title III contains the final provisions to the Agreement. The Additional Protocol is divided into four titles, relating to specific free movement areas. Title I relates to the free movement of goods. Title II entitled “movement of persons and services”. Chapter 2 of the protocol is concerned with the right of establishment, services and transport.49
The study of the Association Agreement with Greece and the ensuing accession process of Greece to the EC is particularly useful for the proper understanding of the relationships between the EC/EU and Turkey. The Agreement was very much inspired by the Athens
45 Ibid Paragraph 15 46 Ibid Opperative Part of the Judgement 87 47 Martin Sajdik & Micheal Schwarzinger, European Union Enlargement : Background, Developments, Facts Central and Eastern European Policy Studies, Volume 2, (Transaction Publishers, London 2008)p.283 48 Agreement Establishing an association between the European Economic Community and Turkey, [12 September 1963] OJ L 361/3 49 Nicola Rogers and Rick Scannell, Free Movement Of Persons In The Enlarged European Union, (Sweet and Max Well,London 2005) Page 326-327
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Agreement and it is probably correct to say that without the Athens Agreement the Ankara Agreement would have looked very different. However compared to the Athens Agreement, its provisions were less detailed, were formulated in more general terms and most of them needed further implementation, something which, in practice, would prove to be a difficult, slow and sometimes even a painful exercise.50
According to the preamble of the agreement (referred to herein as Ankara Agreement), one of the objective was “to ensure a continuous improvement in living conditions in Turkey and in the European Economic Community through accelerated economic progress and the harmonious expansion of trade, and to reduce the disparity between the Turkish economy and the economies of the Member States of the Community.”51 The Ankara Agreement implied that much had to be done, through a bilateral additional protocol in particular, for the transfer from the “preparatory stage” to the “transitional stage” of the association – which was agreed in 1970.52 Article 4 of the Ankara Agreement stress that one of the contracting parties’ obligation is to “align the economic policies of Turkey and the Community more closely in order to ensure the proper functioning of the Association and the progress of the joint measures which this requires. ” 3.3 Freedom of Establishment In the Content of Ankara Association Agreement
Unlike the association agreements concluded by Malta and Cyprus, Ankara Agreement does not merely envisage establishment of customs union, moreover the agreement refers to the free movement of workers, freedom of establishment and the freedom to provide services.53
Under Additional Protocol, as regards to the transitional stage of the relations with EEC, transfer from “preparatory stage” to the “transitional stage” requires a decision of EC-Turkey association council which had been envisaged under the agreement. An Additional Protocol to the Ankara Agreement was signed between Parties in 1970 (came into force in 1973) to coordinate the transitional stage.54 As mentioned above, Title III and Chapter II of the Additional protocol is the part which concerns with the right of establishment. Under this chapter, the standstill which constitutes the core of this study exists.
Particular importance is Article 41(1) which contains a standstill provision relating to establishment and the freedom to provide services. Article 41(2) empowers the council of
50 Alan Dashwood & Marc Maresceau, Law and Practice of EU External Relations: Salient Features Of A Changing Landscape(Cambridge University Press 2008) p.326 51 O.J. English Special Edition, [1973] c 113/1 52 Ibid page 326. 53 Associate Dr. Sanem Baykal,’The Freedom of Establishment and Providing Services of Turkish Nationals in the Member States of European Union’Interpretion and scope of Standstill provison regulated by the additional protocol 41/1 under the context of Association Law between Turkey-EC and decisions of ECJ, ,(December 2007,Istanbul), p.23 54 Additional Protocol to the Assoclation Agreement, 23 November 1970, (OJ EC No. C 113/17, 24.12.1973)
15
association to adopt rules and timetable for the progressive abolition of restrictions on freedom of establishment and the freedom to provide services.55
According to article 41(2) of The Additional Protocol ‘The Council of Association shall, in accordance with the principles set out in Articles 13 and 14 of the Agreement of Association, determine the timetable and rules for the progressive abolition by the Contracting Parties, between themselves, of restrictions on freedom of establishment and on freedom to provide services. The Council of Association shall, when determining such timetable and rules for the various classes of activity, take into account corresponding measures already adopted by the Community in these fields and also the special economic and social circumstances of Turkey. Priority shall be given to activities making a particular contribution to the development of production and trade.’56
On the contrary of this statement as ECJ already mentioned in Tum and Dari Case, ‘To date, it is true, the Association Council has not adopted any measure on the basis of Article 41(2) of the Additional Protocol with a view to the actual removal by the Contracting Parties of existing restrictions on freedom of establishment, in accordance with the principles set out in Article 13 of the Association Agreement. Furthermore, it is apparent from the case-law of the Court that neither of those two provisions has direct effect (Savas, paragraph 45).’ 57 Therefore considering lack of The Council Association decisions with regard to abolition of restrictions on freedom of establishment article 41(2) of Additional Protocol has no direct effect.
There is no express right contained within the Ankara Agreement or its Additional Protocol for Turkish nationals to establish in the territory of the Member States. Whilst Article 13 and 14 of the Ankara Agreement make reference to Treaty provisions in order to “guide” Contracting Parties on the abolition of restrictions in those areas, neither provision creates any directly effective right.58 In Demirel Case59 the court explicitly stated that “examination of Article 12 of the agreement and article 36 of the protocol therefore reveals that they essentially serve to set out a program and are not sufficiently precise and unconditional to be capable of governing directly the movement of workers”60
The Court recalled its two stage analysis of direct effect of agreements. Referring to its reasoning in Demirel case it first held that Article 13 of the Association Agreement, by analogy with article 12 concerning free movement of workers, did not do more than lay down in general
55 Nicola Rogers and Rick Scannell, Free Movement Of Persons In The Enlarged European Union, (Sweet and Max Well,London 2005) Page 327 56 Additional Protocol to the Assoclation Agreement, 23 November 1970, (OJ EC No. C 113/17, 24.12.1973) Article 41(2) 57 Case C-16/05 Veli Tum & Mehmet Dari v Secretary of State for the Home Department (ECJ 20 September 2007) Paragraph 62 58 See n 55 59 Case 12/86 Meryem Demirel v Stadt Schwäbisch Gmünd (ECJ 30 September 1987), 60 Ibid paragraph 23
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terms, with reference to the corresponding provisions of the EC Treaty, the principle of eliminating restrictions on freedom of establishment.61 The category of entry to set up a business is a broad one. No particular kind of business is contemplated, and the form of the business may be as a sole trader. This broad approach to assessing self-employed or business applications has now been replaced with very detailed rules requiring minimum investment, creation of employment and so on. EC exclusive agreements are binding on new Member States from the date of accession. In the case of EC mixed agreements and other related agreements, new Member States “undertake to accede” to them in due course in accordance with the conditions in their respective Act of accession and national constitutional procedures. New Member States must take appropriate measures where necessary to adjust their position in international ongoing process of political integration within the EU. Firstly, new Member States must accede to decisions and agreements adopted by the Representatives of the Governments of the Member States meetings within
The Council.62 In the light of this information, new member states must be part of Ankara Agreement and its annexed protocol in order to become a member of the community. Additionally the agreement and the protocol are binding from the date of accession. In other words, the standstill provision (examined below) of additional protocol entered into force in 1st January 1973 is applicable to a member state at the time of its accession to the community. 4. The Standstill Provision 4.1 The Concept of Standstill Provision
The Community law has long recognised the concept of a standstill provision. Indeed article 53 of Rome contained such a standstill clause as a first step in the transitional period towards the progressive abolition of restrictions on establishment provided for in Article 52 of the same Treaty [Now Art. 43 EC Treaty]. Whilst national laws still had some application to the situation of those wishing to establish themselves in other Member States, the Member States were directed to ensure than those in existence at the time when the Treaty came into force. Indeed, the provision also prevents a Member State to revert back to less liberal measures then have been imposed during the transitional period by Community Law.63
61 M. Maresceau, Bileteral Agreements Concluded by the European Community(The Hague: Nijhoff 2006) p.270 62 Roman Petrov, ‘The External Dimension of the Acquis Communautaire’, (02 2007, San Domenico di Fiesole), EUI Working Paper MWP No. 2007/02 p.13 63 Nicola Rogers and Rick Scannell, Free Movement Of Persons In The Enlarged European Union, (Sweet and Max Well,London 2005) Page 356
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The standstill provision contained in Article 41(1) of the additional Protocol to the Ankara Agreement is very similarly worded to Article 53 of the Treaty of Rome. Considering wording of the provisions concerned, as a comparison:
Article 53 of the Rome Treaty states: Member States shall not introduce any new restrictions on the right of establishment in their territories of nationals of other Member States, save as otherwise provided in this Treaty. Article 41(1) of the Additional Protocol states: The Contracting Parties shall refrain from introducing between themselves any new restrictions
on the freedom of establishment and the freedom to provide services.64 The Provision of additional protocol has been interpreted by the ECJ in such as way as to give it same effect as Article 53. 4.2 The Standstill Provision In The Ankara Agreement
A Member State is thus prevented from imposing any new measure having the “object or effect” of making the establishment of a Turkish national in its territory subject to stricter conditions than those which applied at the time when the Additional Protocol entered into force for the particular Member State in question. In this sense, Savas decision in year 2000 and Abatay decision in year 2003 subsequently Tum and Dari decision ruled in 20 September 2007 is weighty.65
The pre-1973 rules however are preserved in the case of Turkish nationals because of the ruling of the European Court of Justice in the case of Savas. The court applied the standstill clause in article 41 of the Additional Protocol to the EC-Turkey Association Agreement, which provided that EU countries should not, after the date of the agreement, introduce new obstacles to Turkish Nationals, and these give more favourable conditions, for instance allowing switching into self-employment from visitor status. All business applications require entry clearance with the exception of Turkish nationals as mentioned above 66
64 Additional Protocol to the Assoclation Agreement, 23 November 1970, (OJ EC No. C 113/17, 24.12.1973) 65 Prof. Dr. Haluk Kabaalioglu & Dr. Rolf Gutman,’The Freedom of Establishment and Providing Services of Turkish Nationals in the Member States of European Union’, The Trend developed out of Standstill Provision Within Association Agreement (December 2007,Istanbul), p.3 66 Gina Clayton, Text book on Immigration and Asylum Law, (1st Edition, Oxford University Press, New York 2004) p.123
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In the context of Ankara Agreement and EC-Turkey Council Decisions, there are two such standstill types: one relating to the conditions of access to employment and the other to the conditions of self-employment in the member states.67 4.3 Applicability of the Standstill Clause
The question of whether a provision of Community law has direct effect is of significance in terms of its applicability and consequences. If a provision has direct effect then all those falling within its scope are able to rely upon it before national courts and authorities without need for any transposition into domestic law. In Savas Case, ECJ had no difficulty in accepting the direct effect of Article 41(1) of the Additional Protocol which “confers on individuals rights which national court must safeguard”. In Abatay Case68, the second judgement concerning Art.41(1) of the Additional Protocol, the ECJ confirmed that the provision has direct effect resulting from the fact that the provision, as with other standstill provisions under the Ankara Agreement, lays down “…clearly, precisely and unconditionally, unequivocal standstill clauses, which contain an obligation entered into by the contracting parties which amounts in law to a duty not to act”.69
In Tum and Dari Case, ECJ also set out that “it is not disputed that Article 41(1) of the Additional Protocol has direct effect in the Member States, so that the rights which it confers on the Turkish nationals to whom it applies may be relied on before the national courts to prevent the application of inconsistent rules of national law. “70 Furthermore, In Mehmet Soysal Case71 concerning opinion had been once again repeated.
This conclusion is reinforced when the purpose and subject-matter of the Ankara Agreement is examined. As with other provisions in the Ankara Agreement the ECJ affirmed that the essential object of the Agreement, namely to promote the development of Turkey, trade and economic relations between the Contracting parties, lends support to the conclusion that this provision has direct effect in Community law.72
The Court simply repeats in this respect its old case-law in Costa v. Enel73 where it had already confirmed direct effect of a similar standstill clause in the EEC Treaty. 74
67 Nicola Rogers, A practitioners’ guide to the EC-Turkey Association Agreement , ( Kluwer Law International, The Hague 2000), P.29 68 Case C-317/01 Eran Abatay and Others and Nadi Sahin v Bundesanstalt für Arbeit (ECJ 21 October 2003) 69 Nicola Rogers and Rick Scannell, Free Movement Of Persons In The Enlarged European Union, (Sweet and Max Well,London,2005) Page 357 70 Case C-16/05 Veli Tum & Mehmet Dari v Secretary of State for the Home Department (ECJ 20 September 2007), Paragraph 46 71 Case C-228/06 Mehmet Soysal & Ibrahim Savatli v Bundesrepublik Deutschland (ECJ 19 February 2009), Paragraph 45 72 Nicola Rogers and Rick Scannell, Free Movement Of Persons In The Enlarged European Union, (Sweet and Max Well,London 2005) Page 327 73 Case C-6/64 Costa v Enel (ECJ 15 July 1964) 74 M. Maresceau, Bileteral Agreements Concluded by the European Community (The Hague: Nijhoff 2006) p.271
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In Costa v Enel Case75, the court in its judgement held as follows:
‘In so far as the question put to the court is concerned, it prohibits the introduction of any new measure contrary to the principles of article 37(1), that is, any measure having as its object or effect a new discrimination between nationals of member states regarding the conditions in which goods are procured and marketed, by means of monopolies of bodies which must, first, have as their object transactions regarding a commercial product capable of being the subject of competition and trade between member states, and secondly must play an effective part in such trade’76 4.4 The Scope of the Standstill Clause
First-time ECJ evaluated the “standstill provision” as a subject matter under association agreement called Athens Agreement (mentioned above) which has close similarity with Ankara Agreement. In Anastasia Peskeloglou v Bundesanstalt für Arbeit case77, Greek national Peskeloglou brought a law suit against federal employment office of Nuremberg, Germany in 1982. ECJ held that after entry force of the Athens agreement, subsequent restrictions on Greek nationals are inconvenient with article 45(1) of the Athens agreement.78 As stated by the ECJ :
Article 45 (1) of the act concerning the conditions of accession of the Hellenic Republic) and the adjustments to the treaties ( Official Journal 1979, L 291, p.17) must be interpreted as not permitting national provisions concerning the first grant of a work permit to a Greek national to be made more restrictive after the entry into force of that act.79 Moreover unlike Greece, it took 14 years for Turkey to realize the presence and consequences of the standstill clause.
The ECJ has applied the provision in Art.41(1) to any measure having the object or purpose of making the establishment, and as a corollary, the residence of a Turkish national in its territory subject to stricter conditions than those which applied at the time when the Member State become party to the Additional Protocol.80
Scope of Article 41(1) of Additional Protocol and its interpretation had been firstly examined in Savas Case with the decision which had been made by ECJ in 2000. On one hand, concerning issue had been attempted to be clarified with the decision of Savas Case and with the subsequent precedent on the other hand, academicians from Turkey and also Europe had been comprehensively entered into a discussion in the matter of the interpretation of the Court’s
75 Case C-6/64 Costa v Enel (ECJ 15 July 1964) 76 ibid 77 Case 77/82 Anastasia Peskeloglou v Bundesanstalt für Arbeit (ECJ 23 March 1983) 78 Dr.Murat Aksoy,’The Freedom of Establishment and Providing Services of Turkish Nationals in the Member States of European Union’,(6 November 2007, Istanbul),Report concerning the evaluation of obligatory visa implementation on Turkish Nationals under European Law , Economic Development Foundation Publish no:213, p.14 79 See n 77 Paragraph 17 80 Nicola Rogers and Rick Scannell, Free Movement Of Persons In The Enlarged European Union, (Sweet and Max Well,London,2005) Page 357
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precedent. When considering direct applicability feature of Savas Case, a vast scale of academicians reached on the consensus that the decision concerned revealed by the ECJ can be deemed as a judgement which provides a right for Turkish nationals to assert their rights in national courts and national administrative bodies without any regulation requirement in national stage. The other consensus is the parties concerned cannot implement new restrictions towards Turkish nations as regards to freedom to provide services and freedom of establishment after ratification date of The Additional Protocol.81
It is plain from the facts of Mr. Savas that such a Turkish national does not have to be lawfully resident in the Member State in question in order to obtain the benefit of the standstill provision in Article 41(1) Mr. Savas had obtained lawful entry to the United Kingdom as a visitor for one month with his wife. By the time of his application to remain in the United Kingdom as a self-employed person he had overstayed that visa by some 11 years plainly unlawfully resident in the United Kingdom. Nevertheless, ECJ held that the standstill provision in article 41 EC meant that the UK could not apply provisions on establishment to Turkish nationals that were more restrictive than those which obtained at the time of the commencement of the Ankara Agreement. For the UK this was 1 January 1973 when the UK joined the EU. Immigration rules on self-employment were then more favourable to the individual then they are now. The Ankara agreement has a developing case law and is of importance as Turkish accession to the EU is still some way off.82 The scope of the standstill provision in Article 41(1) therefore extends to all Turkish nationals, whatever their legal status in the Member State in which they wish to establish themselves. No distinction in the application of the standstill clause can be made on the basis of whether the Turkish national is lawfully resident, unlawfully resident or only a prospective resident wishing to obtain entry to particular Member State. The effect of the provision is to ensure that any immigration laws or laws relating to conditions of establishment to which the Turkish national is made subject are no stricter than those that would have been applicable to a Turkish national in the same position at the time when the Additional Protocol came into force in the Member State in question. The benefit of the provision extends to both such a provision can be significant.
At the time at which the Additional Protocol came into force in a large number of the original Member States or those which joined in the 1960s and 1970s, Member States’ immigration regimes were extremely liberal. In a quest to stimulate post-war economies in Western Europe, non-EU nationals who could bring skills and economic benefit to a Member State were encouraged to migrate. Domestic immigration laws and policies have undoubtedly become far harsher in the last two decades. The Turkish national who wishes to establish himself in the
81 Associate Dr. Sanem Baykal,’The Freedom of Establishment and Providing Services of Turkish Nationals in the Member States of European Union’,(December 2007,Istanbul),Interpretion and scope of Standstill provison regulated by the additional protocol 41/1 under the context of Association Law between Turkey-EC and decisions of ECJ, p.7 82 Gina Clayton, Text book on Immigration and Asylum Law, (1st Edition, Oxford University Press, New York, 2004) p.301
21
territory of a Member State will likely be in a better position if able to rely on the liberal immigration regimes of the 1960s and 1970s than current immigration laws.
The scope of the standstill provision extends to “any new measure” which has the object or effect of making establishment more difficult for Turkish nationals. Such measures would include the imposition of new procedures, for instance a requirement to obtain certain permits, as well as substantive provisions, such as the imposition of a new requirement to invest a certain sum of money in the Member State in question.83 It’s noteworthy to underline that standstill provision does not grant any right upon Turkish Nationals such as a right of establishment. In Savas Case, The Court held that:
‘Finally, according to consistent case-law, even if the ‘standstill’ clause set out in Article 41(1) of the Additional Protocol is not, in itself, capable of conferring on Turkish nationals – on the basis of Community legislation alone – a right of establishment or, as a corollary, a right of residence, nor a right to freedom to provide services or to enter the territory of a Member State (see Savas, paragraphs 64 and 71, third indent; Abatay and Others, paragraph 62, and Tum and Dari, paragraph 52), the fact remains that such a clause prohibits generally the introduction of any new measures having the object or effect of making the exercise by a Turkish national of those economic freedoms on the territory of that Member State subject to stricter conditions than those which applied to him at the time when the Additional Protocol entered into force with regard to the Member State…’.84 5. The Decision of Veli Tum and Mehmet Dari v Secretary of State for the Home Department
Mr. Tum and Mr. Dari arrived in the United Kingdom by ship, Mr. Tum in November 2001 from Germany and Mr. Dari in October 1998 from France.85
As their applications for asylum were refused, their removal was ordered pursuant to the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990 (OJ 1997 C 254, p. 1), but that measure was not put into effect by the competent national authorities, with the result that the persons concerned are still in United Kingdom territory.86
As, under section 11(1) of the Immigration Act 1971, they were granted only temporary admission to the United Kingdom, which does not amount to formal clearance for entry to the United Kingdom for the purposes of its national legislation and was, moreove

He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkey and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.

http://www.cindemir.av.tr

 


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European contributions to the grant can be a real boon that companies and especially SMEs, it is useful to know and exploit. All bearings and directions to take advantage of European funding grant.

The commitment of the European Community
The promotion of productivity in member countries is a goal that the European Community pursues grants through a grant with which they can benefit companies and small and medium enterprises (SMEs).
It is a plan that called Cooperative Project in which they are provided funding to cover, even up to 75% of the total costs that small and medium enterprises face in their projects and their activities.
It ‘easy to understand how important the European contribution to the grant also and especially in times of crisis like the last that we are living.

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The projects and European funding
The Cooperative Project is based on a financing scheme that divides resources among small and medium-sized companies with the logic of European non-repayable contributions.
The enterprises of member countries can participate in the public notices to aspire to become part of a project that will work with companies from other Member States and is the common goal of projects in which each company will charge to perform any part of work. But we get into particular projects.

Funded activities
European contributions to the grant may be awarded in favor of SMEs in all sectors, but activities related to research and development of products, services and processes.
Activities financed, then, are:
1. Research and Innovation: all activities related to this area that have clear objectives.
These activities may be carried by both SMEs and universities or research organizations (called RTD performers).
2. Activity Management: if carried out by an SME, taking part in the project, which coordinate the entire project.

Who benefits from the contributions
But who benefits from the European contribution to the grant?
The specific community to see that SMEs are covered up to a maximum of 75% of total expenditure for the project.

Where further information? We suggest you visit the corporate website of the European Commission, full of information for enterprises, but also on ObiettivoEuropa, a portal that is closely following all the resources of aid, loans and contributions.

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