The Committee on European Integration declared several bills as non-contradictive to the law of the European Union
12 July 2012, 16:30
In particular, the Committee declared the bill on social enterprises (Reg.No.10610) aiming at implementation of legal conditions to establish social enterprises and maintain them with state support as non-contradictive to the law of the European Union.
The bill suggests determining the body that would be responsible for granting enterprise the status of being socially oriented. In particular, the bill establishes consistency and authorities of the Interdepartmental Commission for State Social Support to Enterprises.
By the subject of legal regulation the bill belongs to the sphere of company law and is regulated by the Treaty on the Functioning of the European Union and the Council Regulation (EC) No 2157/2001 on the Statute for a European company (SE).
The Committee members agreed that the bill does not contradict articles 49-62 of the Treaty on the Functioning of the European Union.
The Committee declared that the bill on amendments to chapter XI of the Final Provisions of the Law "On Government Procurement" regarding procurement of services to support the vital activity of the Armed Forces of Ukraine (Reg.No.9339) aiming at refinement of the procedure of state procurement does not contradict to the law of the European Union.
By the subject of legal regulation the bill belongs to the sphere of state procurement legal relations of which are governed by Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts; Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors; Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts and Commission?s Explanatory Report on the European Community Legislation.
The Committee concluded that the provisions of the bill do not contradict the law of the European Union, in particular, article 16 of the Directive 2004/18/EC.