Department of International Business and Economics Bucharest University of Economics Bd. Dacia, 41, Bucharest ROMANIA
rovodo@gmail. com http://www. rei. ase. ro DOREL MIHAI PARASCHIV Department of International Business and Economics
Bucharest University of Economics Bd. Dacia, 41, Bucharest ROMANIA paraschiv@inde. ro http://www. rei. ase. ro
ANA MARIA MARINOIU Department of International Business and Economics Bucharest University of Economics Bd. Dacia, 41, Bucharest
ROMANIA anamarinoiu@yahoo. com http://www. rei. ase. ro Abstract: -The paper presents the results of a qualitative research on the perception and implementation of eco
-innovation in Romanian SMES. The focus on the paper is on the isolation hypothesis of SMES,
economic growth, social development and environmental protection. Its multilateralism leads thus to it being on the agenda
Recent Researches in Applied Economics ISBN: 978-1-61804-009-1 186 2 Problem Formulation
taxonomy is to create an academic environment for modeling eco-innovation, and thus to provide the
information on the environment and its risks; lack of knowledge (mostly from the management part
regarding the environment, eco-innovation, life -cycle approach, or any other method, model or measure that may reduce the impact of the company
Recent Researches in Applied Economics ISBN: 978-1-61804-009-1 187 redesigns and, in the end, creation of new elements
public policy or demands from partners determine a more focused reaction in companies, which become more accountable
than in the isolated environment in their own countries -Eco-innovation is being implemented mostly as a requirement of European union
demands, rather than from an acknowledgment of the fact that it may be the way of the future,
other emerging economies, allows the extrapolation of the results at an international level, in view of
Recent Researches in Applied Economics ISBN: 978-1-61804-009-1 188 References 1 Abrahamson E.,Rosenkopf L. 1997
on Entrepreneurship and innovation-organizations institutions, Systems and regions Copenhagen, CBS Denmark, June 17-20,2008 8 Archibugi, D.;
Environment and Technology Management (ETM edited by David Annandale, John Phillimore and Dora Marinova, Edward Elgar, Cheltenham
Innovation and Environmental Economics. ZEW Discussion Paper No. 03-01, Mannheim 14 Cantono S, Silverberg G (2008), â€oea
relationship between diffusion, learning economies and subsidiesâ€, at http://www. merit. unu. edu 15 Cojanu Valentin (Coord.
Recent Researches in Applied Economics ISBN: 978-1-61804-009-1 189 Environmental Regulation and Innovation?
Ecological Economics, 32,319-322 36 Soete, L. 1987) â€oethe impact of technological innovation on international trade
Recent Researches in Applied Economics ISBN: 978-1-61804-009-1 190
EN EN EUROPEAN COMMISSION Brussels, 23.4.2013 SWD (2013) 153 final COMMISSION STAFF WORKING DOCUMENT E-commerce Action plan 2012-2015
and the Digital Agenda for Europe2, a Communication on e-commerce and online services3. This Communication sets out 16 targeted initiatives aimed at identifying
the main obstacles to the Digital Single Market and at doubling the share of e-commerce in retail sales (3. 4%in 2010) and that of the Internet sector in European
The Communication was based on a broad public consultation on issues central to on-line services and e-commerce, which was
held in the second half of 2010 In order to best tackle obstacles to the development of digital services, the
Communication and the accompanying Staff Working Document set out 5 broad priorities -Develop legal rules to facilitate cross-border offers of online products and
services -Improve operator information and consumer protection -Ensure reliable and efficient payment and delivery systems
-Combat abuse and resolve disputes more effectively -Deploy high-speed networks and advanced technological solutions This staff working document fulfills the commitment made in the Communication to
report annually on the state of play of implementation of the action plan. It focuses
that were quoted in the text of the Communication but not formally numbered as actions is reported also about
Communication, address market fragmentation, meet the infrastructure investment challenge and realize paperless administration. The Commission has called on the
1 Commission Communication â€oesingle Market Act-Twelve levers to boost growth and strengthen confidence Working together to create new growthâ€, COM (2011) 206 final
http://ec. europa. eu/internal market/smact/index en. htm 2 Commission Communication †A Digital Agenda for Europe†COM (2010) 245 http://ec. europa. eu/digital
-agenda/en/digital-agenda-europe-key-publications 3 Commission Communication â€oea coherent framework for building trust in the Digital Single Market for e
-commerce and online services†COM (2011) 942 Final, Here after â€oethe Communicationâ€; here after â€oee-commerce
Communication†http://ec. europa. eu/internal market/e-commerce/communications/2012/index en. htm 4 Commission Communication â€oesingle Market Act II †Together for new growthâ€, COM (2012) 573 final
2 European parliament and the Council to fast-track all key legislative actions and adopt them as a priority by Spring 2014
2. RECEPTION BY STAKEHOLDERS AND EUROPEAN INSTITUTIONS The Communication was received well by stakeholders. They supported the
Commission†s intention to work towards the completion of the Digital Single Market, and agreed with the five priorities identified above,
Commission†s Communication â€oea coherent framework for building trust in the digital single market for e-commerce and online services†of 11 january 2012 and
It welcomes both the E-commerce Communication and the Single Market Act II and reviews all related European policies.
enterprises (SMES) and calls for increased efforts to improve their access to finance in the framework of European financing programs to ensure that they can trade
Single Market via actions in the field of competition (net neutrality, unfair practices consumer protection (alternative and online dispute resolution) and infrastructures
3. 1 Develop legal rules on cross-border offers of online products and services Main action 1:
The Commission services started a comprehensive review process of the CPC Regulation in 2012. The review examines, among other issues, whether the
with stakeholders, a public consultation and the launch of an impact assessment are planned for 2013
In 2012 the Commission services commissioned an in depth study concerning the compliance of national legislation and (last-instance) national case-law with the E
the e-commerce communication. The deadlines mentioned here are the one foreseen in the e-commerce Communication
8 Regulation (EU) No 1024/2012 of the European parliament and of the Council of 25 october 2012 on
Commission services, discussing problems in the application of the directive and emerging issues in the area of
Guidelines on Article 20 of the services directive According to Article 20 (2) of the Services Directive11, consumers should generally
not be faced with differences of treatment due to their nationality or residence However, if the service provider can provide objective reasons for different
Services Directive is particularly-but not exclusively-relevant in the context of cross border e-commerce
of the Services Directive: A partnership for new growth in services 2012-2015†12 accompanied by a Staff Working Document13 with a view to establishing guidance
on the application of Article 20 (2) of the Services Directive which enshrines the principle of non-discrimination of service recipients on the basis of nationality or
or refusal to provide services including those related to online transactions. It also explains when differences in
efforts to ensure that customers can shop cross-border in the single market Additional specific and practical guidance may be issued by the end of 2013 on the
Commission services planning to focus on the sectors which generate the highest number of consumers'complaints, namely tourism, on-line retail and digital
11 Directive 2006/123/EC of 12 december 2006 on services in the internal market http://eur
12 COM (2012) 261 final http://ec. europa. eu/internal market/services/services-dir/implementation report en. htm
of Directive 2006/123/EC on services in the internal market http://ec. europa. eu/internal market/services/docs/services-dir/implementation/report/SWD 2012 146 EN. pdf
5 copyright in the information society (2012. The Commission will also report on the outcome of the consultation on the online distribution of audiovisual works
Commission services have been working intensely towards the implementation of the Communication on a Single Market for Intellectual Property rights across all its various areas.
The recently -adopted (October 2012) Directive on Orphan works15 sets out common rules on the
In its Communication of 18 december 2012 on Content in the Digital Single Market16, the Commission has set out its strategy for the next two years in order to
This Communication sets out two parallel work tracks. On the one hand, the Commission will complete its ongoing review of the EU copyright framework
A structured stakeholder dialogue was launched to that effect by the Commission on 4 february 2013, with the specific objective of
services; user-generated content and licensing for small-scale users of protected material; audiovisual sector and cultural heritage institutions;
The Commission services organised a CEO-level meeting on 26 june 2012 in order to tackle issues related to the e-book market
external stakeholders In the issue of competition enforcement, on 12 december 2012, the Commission adopted a decision that rendered legally binding the commitments offered by Apple
Inc. and four international e-book publishers: Simon & Schuster (CBS Corp Harper collins (News corp.),Hachette Livre (Lagardã re Publishing), Verlagsgruppe
The Commission services continuously monitor the effect and application of its competition rules, including with regard to the use of selective distribution systems
in the online world. In practice, this is done through its own cases, through discussions with national competition authorities within the European Competition
Network, and discussions with stakeholders more generally. Moreover, the national competition authorities inform the Commission of their case investigations and their
envisaged decisions applying EU antitrust rules. Cases are discussed as part of the activities of the European Competition Network (ECN.
There is also a working group within the ECN to discuss issues related to distribution agreements. While current discussions have not indicated a widespread problem due to selective
distribution systems in the online world, the Commission services will continue and strengthen their discussions within the ECN on online sales issues and possible
trends, to ensure that the competition rules continue to be applied rigorously in the future The Commission adopted on 31 january 2013 a Green Paper launching a
consultation on business-to-business unfair trading practices22 in the food and non-food supply chain. Unfair trading practices are practices that grossly deviate
demanding payments for goods or services that are of no value to the contractor unilateral or retroactive changes of contract terms,
services and preventing contractors from sourcing from other Member States thus leading to territorial partitioning of the Single Market
The three-month long consultation will help the Commission services to assess the magnitude of the unfair trading practices issue
the economy and on cross-border activity. They will examine the effectiveness of self-regulatory and legislative frameworks put in place to address those practices at
BEREC), jointly with the Commission services, launched a Europe-wide data 21 For further info see IP/12/1367 http://europa. eu/rapid/press-release ip-12-1367 en. htm and MEMO/12/983
practices to the Commission services and published it on its website. According to the data gathered by BEREC, the majority of ISPS offer unrestricted Internet access
access to several legal services that use P2p technology and often seem to be implemented to restrict competition, for instance in the voice market
Moreover, a recent Commission in depth market study on internet services provision from a consumer perspective showed that very little information was provided to
consumers on internet providers'websites on issues such as blocking/slowing down of services and download limits (94%and 56%respectively of websites assessed by
mystery shoppers provided no information on the aforementioned issues) 23 BEREC also investigated other aspects related to net neutrality,
Following BEREC's work in this field, the Commission services launched a public consultation on"specific aspects of transparency, traffic management and switching
services are currently working on guidance that will include measures related to transparency, switching and the responsible use of traffic management tools
priority actions indicated by the Commission in its Communication on the future of VAT24. This review is to be based on a thorough impact assessment covering all
services should be subject to the same VAT rate and progress in technology should be taken into account in this respect,
the on-line and the physical environment is addressed In this context, the Commission services launched on 8 october 2012 a public
consultation for a review of the existing legislation on reduced VAT rates25 Citizens, businesses and other stakeholders were asked for their opinion on certain
23 The functioning of the market for internet access and provision from a consumer perspective, study on behalf
http://ec. europa. eu/taxation customs/resources/documents/taxation/vat/key documents/communications/com 20 11 851 en. pdf 25 http://ec. europa. eu/taxation customs/common/consultations/tax/2012 vat rates en. htm
and services should be treated for VAT purposes, taking into account technological developments. The consultation ended on 4 january 2013.
Communication on the future of VAT. In this context, on 13 january 2012 the Commission presented a proposal for a Council Implementing Regulation26 on the
and services based on PSI reuse The proposal for the revision of the Public sector Information (PSI) Directive29
special schemes for non-established taxable persons supplying telecommunications services http://ec. europa. eu/taxation customs/common/legislation/proposals/taxation/index en. htm
established taxable persons supplying telecommunications, broadcasting or electronic services to non taxable persons (OJ L 249,14. 9. 2012, p. 3†10.
which will greatly contribute to bringing the economic value of PSI to the market. It will take the harmonisation of the rules that public sector bodies have to respect
opportunities offered by the Digital Single Market, in particular through the Enterprise Europe Network with the assistance of the European Consumer
Centres Network (ECC-Net) as regards issues relating to consumers, and through the publication of a special guide (2012
errors and defective products and services) and contains guidelines for on-line retailers. In 2012, ECCS received more than 32,000 complaints, 60%of which
legislation and related to the digital environment. The objective of the Code is to provide simple explanations of online legal rights
Furthermore, the Commission services together with stakeholders took stock of practices made to improve retailers†s awareness of their duties, obligations and
opportunities when going on-line, in order to identify gaps and propose new solutions. One of the actions following the stocktaking could be dedicated a guide
through dialogue with the stakeholders, develop codes of good conduct, good practice guides and guidelines giving consumers access to
prices, quality and durability of goods and services (2013-2014 30 Published in September 2012, http://ec. europa. eu/consumers/ecc/index en. htm
The purpose of the Multi-Stakeholder Dialogue on Comparison Tools (MSDCT is to •provide a better understanding of the functioning of the various types of
and interaction between all the stakeholders involved in comparison websites, retailers, regulators, consumer organisations •map best practices in the comparison of products and services across different
sectors and •identify potential areas of improvement Parties to the Dialogue exercise represent a wide range of interests:
relevant legislation is implemented in a digital environment at European level in particular by financing joint projects aimed at encouraging skills
The Commission adopted the Communication â€oea European Consumer Agenda †Boosting confidence and growth†36 on 22 may 2012.
comparison of products and services, including through comparison websites see above at page 11 Main action 8:
On 23 october 2012, the European commission adopted the Communication â€oetowards a comprehensive European framework on online gambling†37.
challenges, the Communication sets out a series of initiatives designed to enhance legal clarity throughout the EU and establish evidence based policies for the benefit
gambling services; the extension of the scope of the anti-money laundering directive and the promotion of international cooperation for the prevention of match-fixing
37 Commission Communication â€oetowards a comprehensive European framework for online gambling†COM 2012) 596 final http://ec. europa. eu/internal market/services/gambling en. htm
14 identify sites providing the public with legal offers of medicinal products through distance sales (2013-2014) and, primarily by means of a report the
The Commission services will now start the preparation for the implementing act as foreseen in the Directive
The E-commerce Communication called for quick and efficient transposition of the Directive on Consumer Rights39 which Member States must transpose by December
or services online, including about the functionality and interoperability of digital content. The new Directive furthermore
bans pre-ticked boxes when offering additional services, internet cost traps and charges of which the consumer was informed not in advance.
include a policy Communication setting out the Commission's objectives and two legislative proposals: a General Data protection Regulation proposing a general EU
identification and trust services for electronic transactions in the internal market44 The regulation aims to ensure mutual recognition and acceptance of electronic
services including enhancing current rules on e-signatures and providing a legal framework for electronic seals, electronic time stamps, electronic document
adopted at the same time as this Communication with the aim of (i) assessing 41 COM (2012) 11 final COM (2012) 11 final http://ec. europa. eu/justice/data
the barriers to entry and competition on these markets and proposing legislative action where necessary,(ii) making sure that these payment services are
transparent for consumers and sellers,(iii) improving and accelerating the standardisation and interoperability of payments by card, internet or mobile
•More competition between payment service providers and a level playing field between incumbent and new players in this field
•More choice and transparency in payment services for consumers and merchants •More payment service innovation and security
The Green Paper launched by a public stakeholder consultation which helped identifying a number of key hurdles on the path towards the market integration of
the Payment Services Directive and a legislative proposal on multilateral interchange fees (MIFS. These proposals are scheduled for adoption in Spring 2013
Furthermore, it seeks stakeholders 'views on how best to serve the interests of customers, businesses and end-consumers
On the basis of the information collected, the Commission services are currently working on identifying solutions to help improve cross-border parcel delivery
notably with regard to prices,"convenience"for customers, interoperability and any regulatory barriers 3. 4 COMBATING ABUSE
AND RESOLVING DISPUTES MORE EFFECTIVELY Main action 12: The Commission will adopt a horizontal initiative on notice-and
wide variety of stakeholders indicated, in their contributions to the consultation, that changing the E-commerce Directive (ECD) would be undesirable.
"storage of information supplied by a recipient of the service"(hosting services such as social networks, web
stakeholders, in particular in the following forms •Questionnaires on N&a procedures. This questionnaire asked stakeholders to
provide facts and figures concerning notice-and-action procedures. It was sent to organisations that submit notices of illegal content to online intermediaries and to
Stakeholders have asked for their responses to be treated confidentially. 70 responses were received •Two experts†workshops on N&a procedures.
information, the Commission services are working on an impact assessment on notice-and-action procedures Other actions
and services which are infringing IPRS An extensive consultation was carried out on the application of Directive 2004/48 on
services launched a survey to gather evidence to be used for a detailed and holistic evaluation of the efficiency of existing national IP civil enforcement systems
The Commission services have gathered information and data as regards ADR systems for disputes between businesses (B2b ADR) via a SME-panel survey and a
The Commission services also met bilaterally with stakeholders Main action 13: in 2012, propose an overall strategy on internet security in
the growth and competitiveness of the EU economy •Increasing public and private spending on Research and development (R&d
of information and communication structures in 2012 by i) in the context of the Connecting Europe Facility, guidelines for the
throughout the EU, an essential element for future economic growth. These new rules will allow for well-designed state aid targeted at market failures without
crowding out private investment in competitive areas The guidelines were drafted after an intensive dialogue with all stakeholders and
have the following principles and priorities •Technological neutrality, ultra-fast broadband networks •Step change to connectivity
which (some EUR 12.1 billion) is foreseen on e-services for the benefit of EU
jobs through public and private investment in fields where regions have competitive advantages One of the conditions to use the future ERDF is the development of research and
access to and use and quality of ICT Investment Priorityâ€; â€oedeveloping ICT products and services, e-commerce and enhancing demand for ICT€ and â€oestrengthening ICT
applications for e-government, e-learning, e-inclusion and e-health†is also subject to this ex-ante conditionality
54 COM (2012) 9609/2 http://ec. europa. eu/competition/state aid/legislation/broadband guidelines en. pdf 22 The Commission has set up the S3 Platform55 to support the regions through peer
costing methodologies in order to stimulate investment in fibre deployment Consistent infrastructure access pricing is key to effective competition and
investments in the EU telecoms markets. Regulatory consistency across Europe ensures that telecoms operators benefit from regulatory predictability and clarity
which are necessary for, in particular, the large scale investments required to roll out next generation networks capable of supporting the Digital Agenda for Europe's
broadband targets. In practice, however, national telecoms regulators use diverging costing methodologies to set copper -and fibre-based wholesale access prices in their
The Commission services have taken a number of steps since the end of 2011. It launched public consultations on the problem definition and broad policy ideas
The Commission services have in addition commissioned three independent studies On 12 july 2012, the Commission announced the outlines of a regulatory package to
deployment connecting customers High speed broadband Internet is the backbone of the digital single market.
The Communication"Unleashing the Potential of Cloud computing in Europe"57 was adopted and published by the Commission on 27 of September 2012.
services for the benefit of users and services providers alike Key actions of the strategy described in the Communication include
•Cutting through the jungle of standards so that cloud users enjoy interoperability data portability and reversibility.
cloud services. Providers of cloud services should create certification schemes which enable users to evaluate and compare, in a simple manner, the level of
conformity with standards, interoperability and data portability. Certification would also encompass the verification that the provider has implemented the
wide take up of cloud computing services by increasing consumer trust 57 COM (2012) 529 http://ec. europa. eu/information society/activities/cloudcomputing/docs/com/com cloud. pdf
services procurers from European public bodies in cooperation with CEOS of the IT and telecom industry
adopt a Communication on spectrum-sharing including a strategy for the promotion of shared access to the spectrum in the Single
for wireless broadband services, which are crucial for access to high-speed Internet services such as E-commerce services
As a first milestone of the RSPP implementation, the Commission adopted a Communication on the shared use of spectrum59 on 3 september 2012 to ensure
additional flexibility in spectrum authorisation and usage as well as to foster innovation in wireless networks and services
The RSPP aims at a target of 1200 MHZ available spectrum for wireless broadband by 2015 and imposes the obligation on Member States to make available the 800
for the economic roll out of nationwide wireless broadband services. The Commission services are closely monitoring the deadlines for making this spectrum
available and administrative procedures will be launched where appropriate In order to step up its efforts to achieve the goals of the Radio spectrum Policy
-out and usage of high speed wireless communication networks and services 4. CONCLUSION Many actions included in the action plan have been completed already, and the
A stakeholder conference will be organised at the end of 2013 to take stock of progress and assess future needs
2. RECEPTION BY STAKEHOLDERS AND EUROPEAN INSTITUTIONS 3. STATE OF PLAY OF THE ACTION PLAN ONE YEAR AFTER ADOPTION
3. 1 Develop legal rules on cross-border offers of online products and services 3. 2 IMPROVE OPERATOR INFORMATION AND CONSUMER PROTECTION
services from all over Europe. As such, e-commerce has contributed significantly to the European economy in general and the success of the European Single Digital Market in
particular. But while e commerce has grown spectacularly over these past two decades, the EU has taken not yet full
organisations and other relevant stakeholders Wants consumer rights throughout Europe to be harmonised as much as possible and at the same high level in all Member
rules on distant sales and services and enforcement thereof in all Member States •European decision-makers have to adopt a balanced
services across the EU •The European union should move towards the establishment of what the European commission has
services and products online may end up being subjected to double taxation due to different interpretations of the
of the fiscal demands of extra-national and cross-border trade, limiting the potential of the single market.
•The cost of legal advice limits SMES€ ability to access the single market •There is a reasonably good level of legal expertise at a
modes, delivery services and tracking services leads to inefficiencies and higher costs •To stimulate the (Digital) Single Market steps should be
and recommendations of the Copenhagen Economics study into the Pricing Behaviour of postal operators. 4
4 DG Markt (2012), Pricing behaviour of postal operators, Copenhagen Economics 5 GREEN PAPER An integrated parcel delivery market for the growth of e-commerce in the EU
should aim to reduce costs for enterprises •Material rules should be easy to understand and provide
certainty bring higher costs to enterprises in terms of legal advice and litigation •Conflicts will emerge between the Sales Law and the
to competition distortions. Foreign companies will benefit from the optional Sales Law and could distort the level
between the interests of all the stakeholders; therefore Ecommerce Europe supports a multi-stakeholder approach to ADR and ODR. 8
4. 1. 2 Checks and balances •Include the core principles for ADR in a binding
reflect with relevant stakeholders (i e. data controllers processors and data subjects) on the proposal in order to
It allows web merchants to provide customers with rel -evant information •To limit the negative effects of Directive 2009/136/EC (the
implementing innovative services because client information has to be transmitted to competitors. Imposing such a right can also lead to additional costs for
services such as online gambling or certain product markets (e g. alcohol, tobacco and medication •New e-Identification methods should not put a
schemes is necessary to achieve the required economies of scale 6. 2 Ecommerce Europe†s additional proposals
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