A major goal for the Spanish Presidency is to reach political agreement on the European private company, the Societas Privata Europaea (SPE). Spain must also deal with the thorny issue of the Community patent. Here, much depends on when the European Court of Justice delivers its opinion. Also on the agenda is monitoring national implementation of European legislation, notably the Services Directive (2006/123/EC) and the New Legislative Framework – the so-called ‘goods package’.

The Swedish EU Presidency failed to reach agreement on the SPE statute. Its compromise continues to cause problems for several delegations. Spain will now have to solve two outstanding questions: the seat of an SPE and employee participation. To be adopted, the legislation will require unanimity in the Council. Establishing the SPE statute is one of the key measures of the Small Business Act (SBA), proposed by the Commission in June 2008. Responding to the particular needs of SMEs, the goal is to allow entrepreneurs to create an SPE under company law with the same conditions throughout the EU.

Spain will also have to push forward discussions on a European patent with two main features. The first is a unified patent litigation system with exclusive jurisdiction for civil litigation for patent infringements and validity of EU and European patents. The second is to start negotiations with the European Parliament since the Lisbon treaty makes the subject a matter for co-decision between MEPs and the Council.

‘BETTER REGULATION’ AND IMPLEMENTATION

Another notable concern is ‘better regulation’ and improvements to the regulatory environment in Europe. The general aim is to guarantee achievement of the 25% reduction target in administrative burdens for European enterprises by 2012.

Spain is promising an “effective and transparent” mutual evaluation process under article 39 of the Services Directive. The incoming Presidency hopes that this will lead to “evidence-based” policy conclusions ensuring high quality implementation across member states. Business organisations have strongly criticised member states for failing to prepare sufficiently for the legislation’s implementation deadline. The Commission, itself, will issue its report on their progress in December 2010.

On protecting intellectual property rights, the Spaniards will monitor implementation of the action plan for community customs 2009-2010. Spain also leads negotiations on an Anti-Counterfeiting Trade Agreement (ACTA), with a first round scheduled for January 2010 in Mexico. Additionally, member states will discuss the Commission’s recent communication on enhancing the enforcement of intellectual property rights in the internal market.