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Home / Société européenne (SE) / Review 2010-13 / ETUI Reply to EU Consultation
ETUI Reply to EU Consultation
ETUI's reply to the consultation of the EU Commission on the SE study of Ernst &Young (20.5.2010)
(I) Information about the respondent
European Trade Union Institute (ETUI), Boulevard Roi Albert II, 5, B-1240 Brussels, Belgium
Dr. Norbert Kluge, Michael Stollt senior researchers, head of the SEEUROPE project and the website of ETUI www.worker-participation.eu
The ETUI considers itself as European institution which works with topical European composed expert networks; in this case it refers on the expertise of its SEEUROPE expert network covering 28 EU member states and Liechtenstein and Norway (EEA MS).
Generally, it must be emphasised that the SE Directive provides for obligatory involvement rights at European level. A European Company (SE) is, by definition, a European, not a national company. This is also reflected in the transnational arrangements on worker involvement. These rights are not a minor matter, but represent a key feature of the European Company (as clearly expressed by the SE Directive).
Thus, it is not adequate to deal with employee involvement as if it was a detrimental and undesirable burden in the process of establishing SEs, as the study seems to suggest. The SE legislation mirrors the political agreement to accept mandatory employee involvement (by information and consultation and, where applicable, also by participation in the company boardroom) as an essential element of the corporate governance of any company at transnational level applying European company law and also to safeguard pre-existing participation rights. There should be a serious effort to consider how to teach applicants to respect the provision on employee involvement, for example, by organising adequate instruction of the authorities involved in registering SEs and by following up consistently whether the application of the SE legislation complies with the provisions.
Seriously deficient methodology
The methodology used in this study is seriously deficient, and therefore the main conclusions reached cannot be considered to be supported by statistical evidence. With regard to Chapter 3 ('Analysis of the data and identification of main trends') the following shortcomings related to the methodology used for identifying the main (positive and negative) drivers for SEs can be identified:
First, the analysis should be differentiated in terms of at least three different company sizes, since the interests and motivations of such companies are likely to be quite different: large companies (which, among other things, are already or likely to become subject to codetermination in countries with strong codetermination legislation), medium-sized companies (which may potentially grow above the threshold for codetermination) and the founders of shelf companies. In addition, it would be useful to differentiate another category, namely small SEs. Aggregating the statistics may hide some significant differences between these groups.
Second, there is a remarkable lack of detail on the statistical basis for the analysis – for example, the table on p. 209 lacks any indication of how many answers it was based on, how many non-responses and so on. Without this kind of detail, it is not possible to see whether there might be a serious problem with representativeness in the sample. In fact, it is indicated in footnote 15 (page 22) that only five non-SEs were interviewed, thus raising serious questions about the representativeness of this small number of companies for the opinions of non-SEs.
Third, there is a problem with aggregating answers from SEs and non-SEs in the analysis, which seems to be the case, for example, in the table on p. 209 ('Assessment of the positive drivers in the choice of the SE legal form'). Analytically different groups should be kept separate (for example, those choosing the SE form, those which considered but rejected the SE form and those which have not yet or are just starting to consider the form).
Fourth, the table on page 249, which apparently is supposed to provide a key part of the argument for drivers for the SE, is not based on solid statistical methodology. Although the title of the section includes the word 'correlation', there is in fact no statistical procedure used which would be worthy of such a designation (for example, Pearson correlation). Given the great difference in sizes of countries there should be some attempt to 'normalise' the data, for example, by dividing the number of foundations in each country by the total number of companies. The methodology should also distinguish between companies with employees which are changing their legal form and the foundation of companies without employees. To illustrate this: it is very unlikely that most of the Czech SEs were founded to avoid codetermination legislation, since most of them have no employees.
Fifth, the table on p. 249 does not use consistent definitions between the cells, especially given that there is no attempt at standardisation by country size. For example, the UK (with 16 SEs) and Belgium (with 10 SEs) are referred to as having 'few SEs' (France with 15 also seems to fit in this category), whereas Austria (with 13 SEs) and Luxembourg (with 11 SEs) are put in the category of 'relative success' and Slovakia (with 13 SEs) is put in the category of 'success'. Furthermore, based on the explanations offered, one would expect increasing numbers of SEs as the strength of worker participation increases (that is, more SEs in 'restricted participation' than in 'no participation' and more in 'extensive participation' than 'restricted participation'). This, however, is not the case, especially in the 'one tier' column where most of the SEs are in the 'no participation' cell.
For Chapter 1 (legal mapping), the analysis relies on an aggregate ranking based on more or less flexibility. However, the methodology should leave open whether one or a small number of options/provisions might actually be the driving force behind the choice of the SE form. Thus, even though a country might appear less flexible, in fact it would have the one key option/provision that is the real driving force behind SE foundation.
Based on current standards of statistical practice, the methodology used in this study is seriously deficient, and therefore the main conclusions reached with regard to drivers for the SE cannot be considered as supported by statistical evidence.
Moreover, the data used seem to be at least partly outdated. Of course, in every study a cut-off point must be selected. However, the moment chosen here seems to be rather early, resulting in partly outdated SE information on which far-reaching conclusions are drawn. The starting point for the analysis is almost one year before the publication date. The SE data – even if declared 'updated' – are therefore not fresh. As of 29 April 2010 there are more than 550 SEs in Europe (ETUI SE database), whereas the study only deals with 369 SEs.
Also, the 'SE typology' is not clear: Whereas the study as such only distinguishes between 'operational' and 'shelf SE', in the factsheets document (Excel table) the SEEurope categories 'normal', 'empty', 'shelf' and 'UFO' SEs are used without further explanation or definition.
More attention should have been paid to the relevant case law (and literature) on empty and shelf SEs. The argument that activation cannot be considered as a structural change is not convincing, especially in light of the sizable group of shelf SEs which have been activated (see also the replies in Section V).
(II) Drivers
(1) Do you agree with the findings of the study about the positive and negative drivers for setting up an SE and their importance? Please explain your answer
Employee involvement as negative driver?
The study states that 'the employee involvement process is considered to be a negative driver, especially in the Member States in which the national legislation does not provide for a system of employee participation' (p. 242). Besides the methodological problems with the study and the resulting conclusions (see above) it seems rather obvious that the negative driver is not the employee involvement regime as such but rather the myths about participation in the SE. According to the 'before and after principle', in most cases where there was no participation previously, there is no obligation to introduce participation rights. Indeed, in practice no SE has been obliged to introduce participation rights which did not exist before. Nevertheless, many employers are probably not aware of the real meaning of the 'before and after principle'. A negative driver is therefore the prevailing lack of adequate information on the SE and missing national experience in many countries.
Trade union representatives in the SNB as a negative driver?
Moreover, the study argues that the presence of trade union representatives in the SNB is a negative driver. The presence of trade union representatives in the SNB (which is a member state's choice, following recital 19 of Council Directive 2001/86) reflects, on the one hand, the role of trade unions in the national industrial relations system and, on the other hand, is an expression of the legislator's will to support the employee representatives during the negotiations with external expertise. Whereas the management usually works together with law firms experienced in setting up SEs, it is essential for the employee side to have access to experience with SE negotiations from an employee perspective (for company representatives the negotiations are a one-time experience). Moreover, the juridical advice of trade union experts on the specific legal situation applicable in the particular case and their know-how as negotiators helped to clear away uncertainties among the SNB members and to make negotiations smoother and more efficient.
This assessment can be confirmed by a statement of the chief legal adviser of MAN, made in a seminar organised and documented by the Deutsches Aktieninstitut (DAI) in 2007. He pointed out that, in this specific case (negotiations on an agreement in MAN Diesel SE at this time), having external trade union representatives as members of the special negotiating body played a distinct and constructive role in achieving a positive result. According to him, there would be no reason to consider trade union participation per se as negative (DAI, 2007, Die Societas Europaea (SE). Studien. No. 38, p.162).
'Complex, costly and time-consuming negotiations'?
In many country reports, the rules on employee involvement in establishing an SE are considered as 'more complex' than the rules on national plcs (AT p. 121, BE p. 123, BG p. 125, CY p. 127, FR p. 138, EL p. 142, HU p. 144, IT p. 146, LT p. 148, LU p. 150, NL p. 152, PL p. 156, UK p. 171). Especially in countries with no participation the SE is considered more burdensome than national company forms (p. 246).
At least for Germany-based SEs, the creation of the new structure 'simplified' pre-existing complex procedures. This is true for the election of employee representatives according to German codetermination law (in companies with up to 8,000 employees) which requires direct election by every employee. According to the SE agreements, it is usually now the SE works council which is responsible for appointing the employee representatives to the supervisory board
Moreover, the study itself states: 'In practice, the maximum six-month period is rarely reached or exceeded' (p. 241). This proves that both negotiating parties take their responsibilities towards the company very seriously and try to achieve an agreement as quickly as possible. If the worker involvement arrangements are to be more than just an empty commitment on paper then indeed a period of six months for the negotiations seems adequate. On the other hand, taking into account the fuzzy point of departure for negotiations within the SNB, a body with, in most cases, a very diverse composition, the lack of information about SEs and the fact that the transposition laws of specific EU member states are usually only available in the national language, it may be argued that the results achieved within six months are remarkable – in practice we have seen both sides showing their great satisfaction with the common success achieved by a good agreement on employee involvement. At BASF, even a new generic name ('BASF Europa Betriebsrat' [BASF Europe Works Council]) was created. In this context, another argument can be brought forward: employee representatives can be assumed to be very committed to the strict timetable for SE negotiations because they have a great interest in averting harm to their workplaces, for example, of the kind which might arise if the stock market took the view that the company is unable to reach agreement with its employees.
Possibility to transfer the company seat as a positive driver
The latest data from the ETUI's SE Database (http://ecdb.worker-participation.eu) reveal that 41 SEs have, in the meantime, transferred their seat. However, only a very small proportion of them have employees and business activities. Therefore, the transfer of seat is de facto for most 'normal SEs' at best a positive driver in theory ('good to have the option'). At least 18 of the 41 SEs do not have any employees at all (the figure is likely to be much higher). This could indicate that the SE indeed is often used for tax/regulatory regime-hopping, which was certainly not a key intention of the SE legislation.
Participation rights unknown in one-tier systems?
On p. 248, the authors argue that only countries with a two-tier corporate structure have a tradition of extensive participation rights. In reality, there is a considerable number of countries with a monistic board structure in which extensive participation rights exist. These include, in particular, Sweden, Denmark, Norway, Finland and Luxemburg (in some of these countries both corporate structures are possible, but the one-tier option is dominant). In Sweden, Norway and Denmark there are very low thresholds for participation at board level (25/30/35 employees). As a direct consequence of this, participation is a normal feature of corporate governance in these countries. This, again, makes it unlikely that the aspect of employee participation is a key negative driver in these countries. One also has to keep in mind that in no EU country is there real parity at board level: even in large German companies (>2,000 employees) with a nominal 50 per cent share of the board seats, the chair (who always comes from the shareholder side) has a casting vote in the event of a tie in the supervisory board.
(2) Do you agree with the study's assessment of the attractiveness/unattractiveness of national legislation for setting up an SE? Do you think that other or additional issues with regard to national legislation should be taken into consideration for that assessment?
The typology (and division) of national legislation in terms of attractiveness/unattractiveness seems not to be confirmed by empirical evidence. The six countries forming the so-called 'low attraction' countries (CY, CZ, DE, EE, FI, SE) host 405 of a total of 556 SEs (ETUI SE Database, 25.4.2010). The three countries of the group with the 'highest attractiveness' (IT, LU, UK) together host only 40 SEs. These figures indicate that national legislation apparently does not play a major driver role and that the categorisation of the study is not backed up in practice. However, it is remarkable that the study opted for the very narrow perspective of the majority shareholder to define what is attractive and what is not attractive.
Regarding the 'success' of empty SEs or shelf SEs in some of the EU member states the results of the study leave rather mixed feelings. There are no satisfying indications of the particular reasons for the creation of this type of SE. Even though the chapter on legal mapping occupies a large part of the study the outcomes of this exercise are rather disappointing in this regard. Perhaps the legal structure is not the only explanatory criterion. A reader might wonder whether more attention should have been paid to the subject of the minimum capital for SEs. We have seen several SE registrations where an observer may ask whether the required minimum capital was shown only for registration purposes, but afterwards withdrawn because the effective proof of the existence of €120,000 is required only at the time of creation. This may explain the huge number of 'child SEs' borne by the small number of 'SE incubators' in the Czech Republic. It is worth investigating further whether this observation played a relevant role in those cases of doubtful UFO SEs or shelf SEs.
(3) What, in your view, are the most important regulatory issues for a company to consider when assessing in which country to place its registered office and/or head office (both at the moment of formation and during the life of a company – taking into account the possibility of transferring the registered office)?
(The question as such is slightly irritating: 'to place its registered office and/or head office'. According to the SE legislation, both the registered office and the head office need to be in the same country.)
(III) Main trends
(4) Do you agree with the study that the main reasons for the current distribution of SEs across the EU/EEA member states are connected to the employee participation system and corporate governance system of the individual member state? Please explain your answer.
Doubius assessment of the impacts of employee involvement/participation
The study's thesis that the relative success or failure of the SE is, for the most part, explained by the criterion of employee involvement (p. 243) is rather surprising, as this conclusion has no basis in the study itself. Moreover, the importance allocated to this item seems unjustified in light of the items listed for analysis after five years of entering in force, explained in Art. 69 of Council Regulation No. 2157/2001. Certainly, it cannot be derived from the correlation table on p. 248. First, it is not clear what is meant by 'few' or 'very few' or 'no success', 'relative success' or 'success' with regard to the SE Statute, especially when looking at the relative size of the different economies.
Second, and more importantly, the variable on the Y-axis is 'degree of participation'. In our view, this can only be used when looking at normal SEs and is of no use in the case of empty or shelf SEs (see also the remarks on methodology).
In particular cases, employee involvement might be a reason for not choosing the SE form. However, the great emphasis put in the study on employee involvement being the key negative driver seems to be largely exaggerated and certainly not sufficiently proven (see remarks on methodology).
Indeed, the existence de facto of 30 (national) SE regimes instead of a single one (which was the original purpose) seems to be much more important, in our view. In the long period during which there was no SE, companies found alternative ways to organise their European cross-border business in an efficient way. The SE is now just one option among others (including European alternatives such as the Cross-Border Merger Directive and new possibilities created by national company law).
A further important driver, as already mentioned, seems to be the still prevailing lack of knowledge with regard to the SE. Here it would be desirable that the European Commission and employer organisations raise awareness of the real implications of the SE and particularly the myths with regard to employee involvement.
It seems that the study overemphasised the perspective of commercially oriented legal advisers but did not sufficiently inquire about the experience of practitioners on both sides of the company, employers and employees, who were actually involved in negotiations. This might partly explain the rather unbalanced results.
This impression also prevails when looking at the list of people interviewed. Out of 60 interviews in total, 25 lawyers plus two professional SE founders were interviewed. Certainly, these people are in contact with a lot of (potential) SE founders. However, one should be aware of their own (commercial) interests in the SE issue, which might explain the bias of the study.
The six interviews with 'experts on the employee representatives' side' reflect the wish of the European Commission for a balanced report. However, their voices and opinions are rarely heard within the main report. Moreover, in one case, an expert was even wrongly quoted (in the meantime corrected, following the intervention of the expert), and in another case important further statements were left out (see at (5) the Polish example).
Reduction of participation as a key motive in Germany?
The relative success of the SE in Germany cannot be explained by the motive of decreasing employee board-level representation.
The legal form of SE has been chosen by more (normal) companies than elsewhere in the EU. The largest group among these normal, operational German SEs are those 48 SEs which previously had no board-level representation.
According to recent empirical findings of the Hans Böckler Foundation, for only relatively few companies is there evidence that the change into an SE was connected to participation issues. These changes usually occurred when the company came close to a national participation threshold (500 or 2,000 employees). In these cases, some companies used the SE as a vehicle to 'freeze' the level of participation or stick to the current status of not having board-level representatives.
However, in all German cases parity (half of the seats) or one-third participation of employees was kept after the SE's foundation.
In the case of the Austrian company Plansee the proportion of board-level representation was even increased during the conversion process (two out of five employee representatives, which is notably higher than the usual one-third proportion according to Austrian law). This is all the more remarkable as the new structure provides for a one-tier system, including employee representatives in the administrative body (but now excluding external control).
(5) Do you agree with the possible explanations for the current distribution of SEs in the EU/EEA presented in the study? If you think there are other possible explanations, please list them.
Overall, the study underestimates the factor of specific national contexts which make the SE either attractive or not so attractive. This is particularly the case for countries in which a lot of SEs have been founded, such as Germany, the Czech Republic and the Netherlands.
One of the most remarkable research findings to date is the number of empty SEs, shelf SEs and so-called UFOs. A surprisingly large number of SEs in these categories have been founded in the Czech Republic. In our view, the study fails to explain this. The legal mapping in the first part of the study gives no plausible answers: the Czech Republic does not stand out as a country with a flexible company law system or SE legislation. Moreover, this country is one of only three that has implemented the option of extra protection for employees (see p. 70). In the particular context of Czech SEs, it is clearly national reasons which have resulted in a relative SE boom. Most Czech SEs are de facto national companies which do not operate on a European scale. The only reason why these companies were able to set up an SE (without any cross-border element) is because they were able to purchase one from an 'incubator SE', which creates SE subsidiaries by the dozen. In this sense, it is disappointing that the study did not really find more reasons underlying the numerous SE creations in the Czech Republic (except the possibility of reducing the number of persons in the company's administrative bodies, p. 130).
Change of company board structure
In some cases, the SE was used to change the structure of the company from a two-tier to a single-tier system. This can be observed mainly in cases of majority ownership, for example, by a family. It can be assumed that one of the purposes behind these operations was to 'optimise' ownership and to expel any external persons from supervisory boards. This may also explain why, in those cases, the retention of employee involvement has not been a significant problem: works council representatives can be regarded as internal non-executive directors.
Impact of the SE legislation on national company law
The SE regulation, after only a short period in existence, has had an impact on national company law. The SE provides an additional option on top of existing national structures. In particular, companies have the choice of whether they will organise the SE with a two-tier or a single-tier structure. This might have had an impact on decisions to make this choice legally available to companies applying national corporate law. In recent years, company law in Slovenia, Hungary and Luxemburg has been reformed and now provides national companies with the choice of one- and two-tier systems. This could also have put people off applying the SE option. Company managers and owners may have felt inclined to stick with what they feel more familiar with: (reformed) national structures.
Another explanation for the disproportionate distribution of SEs might be the structure of businesses in many EU member states. For example, in Poland and Italy we see mainly small and medium-sized enterprises, which are less likely to seek to transform themselves into SEs. Moreover, not having SEs registered with their head offices does not mean that there are no SE operations. In many EU member states there are branches of large MNCs rather than head offices. One of these is PCC SE: the SE is registered in Germany, but most employees are located in Poland.
The low number of SEs in a non-participatory environment is not an argument against participation as an element of company governance – the example of Poland
In Poland, there are only a few SEs and no extended provisions on worker participation at board level. Board-level participation does not have a strong tradition in Poland and this does not seem to be changing. Consequently, the results presented for Poland (p. 241) reflect an attitude expressed by enterprises and also presented in the commercial law literature in Poland, which names worker participation in the SE or in cases of cross-border mergers as often a 'hindrance' or an 'inconvenience' or a factor that diminishes the attractiveness of the SE set up by merger.
Negotiations on employee involvement before a company's registration did not previously exist in Polish commercial law, even in so-called commercialised companies. We may also acknowledge that no EWC has so far been set up in MNCs subject to Polish law, even though several MNCs meet the criteria. This means that no SNB has been set up in Poland so far. However, these facts cannot be taken as a reason to water down employee involvement standards in the SE. Even though the SE statistics may in some cases "correlate" with the restricted board-room representation at the national level, there are also other very important reasons for the low number of SEs in Poland to date. These relate, for example, to the scale of activities of Polish companies and the higher share capital required for SEs, compared to national public limited liability companies.
Moreover, the Cross-Border Merger Directive allows for a simpler recourse to the standard rules on employee participation, which opens another option competing with the SE regulation.. On the other hand, the two SEs which do operate in Poland are real and not shelf companies, which may be a hopeful sign. The lack of empty SEs in Poland may also indicate that employee involvement procedures are not the only negative factor discouraging the establishment of SEs.
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(6) What, in your view, are the main advantages for a company in buying a ready-made shelf SE compared to setting up an SE directly?
• Speeding up and simplification of SE registration procedure (reasons depend also on national context, and are not limited to speeding up employee involvement).
• In some cases, circumvention of negotiations on employee involvement. Although this is not in accordance with the law (see also the decision of a German court, p. 252), where there is no complaint, there is no redress.
As this question touches the very core of the SE the findings adduced by the study are insufficient, making it even more surprising that the consequences of such 'non-conformist' SE creations are not addressed critically by the recommendations.
(IV) Practical problems
(7) Please provide examples of practical problems you have encountered in the course of setting up or running an SE (please focus only on company law-related problems).
(V) Possible follow-up
(8) Do you agree with the study's recommendations for possible amendments of the SE Regulation? Which recommendations are the most important, in your view? Do you have any other suggestions for amendments of the SE Regulation that would increase its attractiveness for businesses (for example, for SMEs, groups operating across borders and so on)?
The point of departure for the study should have been the requirements for analysis laid down in Art. 69 of Council Regulation No. 2157/2001. The reader would have expected answers, first, to the items listed there. However, the recommendations developed from the study findings go further and include other items, such as the procedure on employee involvement, which was not a concern of Art. 69.
Registered office and head office in the same country
The requirement for an SE to have its registered office in the same member state as its head office should be maintained. As stated by the study itself, the fact that eight member states have even exercised their right to require that the SE is located in the same place, not only in the same country, shows that there is no consensus on this point.
Removing this requirement is likely to further increase the use of the SE statute for dubious reasons, such as tax hopping. Also, the danger of misusing the SE to circumvent employee involvement rights would increase.
Registration of an SE without negotiations – structural changes
The authors of the study propose the amendment of the Regulation, as well as explicitly allowing registration in the absence of negotiations if none of the companies involved has any employees. The large shelf SE market shows that such registration is already possible. The key problem resulting from this is that employee involvement rights might be circumvented when, later on, the (shelf SE) company is sold and employees are 'transferred' to the company. Thus, the acceptance of shelf SEs as such should be called into question because it could easily contradict the initial intention of the SE legislation. This is all the more likely if, as is currently the case, there is no control of the commencement of commercial activities, including the existence of employees in former shelf SEs. The creation of a European SE register, which would also make it compulsory to report such changes, would make it easier to overcome any dubious use of this type of SEs.
With regard to shelf SEs, the authors of the study state that consensus exists on the meaning of structural changes (see p. 250 ff), which does not consider the activation of an empty or shelf SE as 'structural change'. We doubt whether this is true. The issue is of the utmost importance, because 20 per cent of SEs have significantly changed their employee structure since their creation (>50 employees during the first fiscal year after creation) (pp. 204–205, p. 206).
In contrast, the commercial activation of shelf SEs or empty SEs should be perceived principally as a 'structural change', which requires investigation of the further involvement of employees at the transnational level. In this regard and if the SE operates cross-border it should be subject to the same rules as at the time of its creation. In particular, for these special cases the introduction of an employee threshold could be discussed, above which negotiations on employee involvement would be triggered automatically. However, preexisting thresholds for participation at board level in the EU member states (which are very low in some cases, such as Sweden, with 25 employees, Denmark with 35, Norway with 30 and the Czech Republic with 50) must be respected. As far as European law is concerned, there is a threshold of 50 employees in the SCE Directive and 500 employees in the Cross-Border Merger Directive. In particular, the latter certainly cannot serve as a reference because it is (a) only one criterion among several and (b) the threshold refers only to participation rights.
As a matter of principle the SE legislation should in no way be used to apply pressure to lower existing national participation rights.
Direct application of standard rules (as in the Cross-Border Merger Directive)
The study proposes to allow the relevant bodies of the merging companies to have a right to choose, without any prior negotiations, to be directly subject to the standard rules. The proposal to adapt the SE legislation to the corresponding rules of the Cross-Border Merger Directive does not take into account the fact that the Cross-Border Merger Directive deals only with employee participation rights. However, the SE Directive provides for information, consultation and participation rights. A unilateral management right to immediately apply the standard rules would certainly devalue the negotiations on employee involvement. As explained above, a maximum period of six months does not seem excessive for working out tailor-made involvement procedures (sometimes including representatives from more than 20 countries). Moreover, practice clearly shows that in almost all cases the negotiating parties reach an agreement. The application of standard rules is therefore also in practice only the last resort, in case negotiations fail, a situation which apparently both sides try to prevent.
The idea of allowing the registration of an SE even if the negotiations on employee involvement are still in progress (p. 259) would devalue the negotiations and weaken the employees' position, which would seem to be contrary to the spirit of the SE Directive itself.
(VI) Any other comments
Deviate from the original focus
Looking at the recommendations for possible amendments (p. 276 ff.), the recommendation with the greatest impact is the one concerning Art. 12 of the Statute, which establishes the link between the Statute and the Directive. However, the Directive is largely absent from the study (see next point).
The study suggests far-reaching adjustments of the SE legislation in order to make the SE form more attractive for companies. They are guided by the concept of 'simplification' and concern also employee involvement. This is surprising as this subject was not a focus of this study. The SE Directive was explicitly excluded from the analysis. The expressed intention of the study was to carry out a mapping of SEs and to identify any problems which might have arisen in the national transposition of the SE regulation.
All the more reason that it should be understood that a narrow understanding of 'simplification' will not serve as an adequate basis for making processes leaner, in particular with regard to employee involvement. There are specific reasons why seeking agreement on employee involvement by negotiation is an elaborate and complex matter. Thus, 'simplification' would not make it easier to respect the political intention of the SE legislation to provide employees with a more secure position at the transnational level.
The missing link to the SE directive
As is clear from Art. 12 of the Statute, the Statute and the Directive form an inseparable whole. In principle, no SE can be established without negotiations on the involvement of employees. Against this background, the study pays far too little attention to this link to SE Directive, which results in a rather unbalanced picture and misleading conclusions.
The lack of attention to the Directive affects the study as a whole. Examples include:
The choice of perspective: The attractiveness of the SE is judged from the majority shareholder perspective only. For example, a member state's decision to implement specific options to protect employees (Art. 34 and 37(8), see p. 31) results in the study in a (–), meaning 'less flexible' and, ultimately, 'less attractive'.
The view on employee involvement: The study suggests, time and again, that employee involvement is only a technical issue (and for companies a burdensome, time consuming and complex requirement).
Lack of analysis: To the extent that attention is paid to the Directive (see the synoptic table on pp. 44–46), there is no real analysis. The Cross-Border Merger Directive is seen as advantageous to the establishment of an SE because of the (simpler) rules on employee participation.
This approach clearly contradicts the aims of the SE legislation. The study comments only on the aims of the SE regulation, whereas the (equally important) aims of the SE Directive are not mentioned.
In order to promote the social objectives of the Community, special provisions have to be set, notably in the field of employee involvement, aimed at ensuring that the establishment of an SE does not entail the disappearance or reduction of practices of employee involvement existing within the companies participating in the establishment of an SE. (SE Directive, recital 3)
Further flexibilisation and simplification – an aim in itself?
Whereas it is of course important to remove unnecessary burdens from business, flexibilisation and simplification cannot be an aim in itself. There is already a wide range of rather dubious motives for setting up an SE. These include:
The business of setting up shelf SEs (which threaten existing rights to information, consultation and participation).
The high proportion of empty SEs which have transferred their seat to another country, often simply for tax reasons.
The decision to opt for an SE to reduce existing external control possibilities (for example, in family-owned businesses).
The high number of de facto national SEs (especially in the Czech Republic) with no cross-border activities at all.
Certainly, these 'SE users' were not what the European legislator had in mind when creating the SE. The SE Regulation refers in its preamble to "companies the business of which is not limited to satisfying purely local needs" which "should be able to plan and carry out the reorganisation of their business on a Community scale". Any revision of the SE legislation should therefore take into consideration the aims of the SE legislation (including the SE Directive) and who the real target groups are. Making the SE more flexible and more 'simple' merely to obtain a higher number of SEs would be misguided.
Let us finally recall the reasoning why the European Company (SE) represents certainly a special type of understanding why companies need strong provisions for being successful at all: "The type of labour needed by European companies -- skilled, mobile,committed, responsible, and capable of using technical innovations and of identifying with the objective of increasing competitiveness and quality -- cannot be expected simply to obey the employers' instructions. Workers must be closely and permanently involved in decision-making at all levels of the company." (Final report of the `High-level expert group on workers' involvement` (Davignon group), 1997).
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text:
Home Government Ministry Takes Legal Action Against Undersized Fishing
Ministry Takes Legal Action Against Undersized Fishing
"If we continue to take fish that is not yet matured, we don't expect much fish in the next 5 or 10 years"
The Ministry of Agriculture and Fisheries (MAF) is taking a progressively tough stance towards enforcing fisheries regulations by charging three (3) individuals for selling under sized fish including egg bearing lobsters.
On Tuesday 19 October, one of the accused, Asenati Suni, appeared in the district court to answer to one count of selling 3 egg bearing lobsters at the Savalalo fish market in December 2020 after previously receiving a warning by the Fisheries officers for the same offence.
Ms. Suni appeared in court without any legal representation and pleaded guilty to one egg bearing lobster and claimed the other two lobsters were within the legal requirement.
In response to a query from Judge Loau Donald Kerslake about amending the charge in light of the matter raised by Ms Suni; MAF lawyer, Glory Fuimaono stated firmly that the Ministry will proceed with the original charge of selling 3 egg bearing lobsters.
As a result, a court hearing has been scheduled for 22 February 2022 to hear Ms Suni's position in disputing the information of the charge.
In addition to Ms Suni, the other defendants who were also scheduled to appear but were not present during Tuesday's court hearing included Vaililo Saio and Kepi Taliaoa who both faced charges for undersized fishing. Ms Fuimaono told the court the Ministry was notified that Mr Taliaoa has been missing at sea since earlier this year with written confirmation from the Ministry of Police and Prisons.
Accordingly the Ministry made an application to withdraw the charge. In the case of Mr Saio, a warrant was issued for his arrest for failing to show up to court.
The decision to take legal action is part of the Ministry's increased efforts to combatting unreported, illegal and unregulated fishing crimes.
ACEO Fisheries Division, Magele Etuati Ropeti is warning people who flout the rules protecting Samoa's inshore and offshore fisheries that they can expect to pay a price in hefty fines.
"The penalty for fishing regulation violations carries a fine of up to WST$10,000," says Magele. "We are treating these recent cases very seriously because people are becoming complacent in their responsibilities to comply with fishing regulations..
"We must take stronger actions to deter people from engaging in illegal fishing and destructive fishing practices to ensure that our fisheries resources are
harvested in a sustainable and equitable manner."
Principal Fisheries Officer, Matai'a Ueta Faasili who oversees the Fisheries MCSE unit that conducts monitoring, control, surveillance and enforcement operations, said enforcement and prosecutions for fisheries violations are matters of priority in their fisheries management strategy if they are to achieve their objectives of overall food security and sustainability.
"We want to make sure that we at least give each fish a chance to reproduce before it's taken out of the population. By law, people are only allowed to harvest and fish certain sizes for certain species that are
less than 20cm.
If we continue to take fish that is not yet matured, we don't expect much fish in the next 5 or 10 years" Matai'a explained.
"Our fisheries management arrangements are made up of 3 components which includes; science, policy and legislation. If the regulation component is not enforced effectively, it weakens the impact of the entire fisheries management process designed to achieve food security and sustainability."
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Previous articleNovember 2021 – SSC Sailing Schedule
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Samoa Digital Library Launched at NUS
Samoa Announces Flight Schedule for First Quarter of 2022
MAF and SROS Officers Complete Israeli Agriculture Innovation Training

redpajama_set_name: RedPajamaCommonCrawl


Certificate Of Job Completion Template Word certificate of job completion template word certificate template for project completion work completion. certificate of job completion template word certificate of completion construction new certificate of pletion templates. certificate of job completion template word work completed template doritrcatodosco free. Certificate Of Job Completion Template Word certificate of job completion template word work completion certificate templates for ms word word excel ideas. certificate of job completion template word certificate template for project completion work completion download. certificate of job completion template word work certificate template 9 free word excel letter verification for ideas. Certificate Of Job Completion Template Word certificate of job completion template word work certificate template 18 free word pdf document download download.
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text:
William Shatner and Jeff Cook to Release Country Album From Heartland Records Nashville
Mar 28, 2018 | Entertainment
New Country album to be released this year
NASHVILLE, TN, March 28, 2018 /24-7PressRelease/ — Many news, entertainment networks and fans have speculated about who the music icon is that will share in the making of the most anticipated country album to come along in years. There have been many different country artists that William Shatner has been friends with and even recorded and appeared with in the past.
Today we are excited to announce the artist that will be joining William Shatner on this epic new Country Album is Country Music Super Star Jeff Cook, a founding member of the highest selling country group in history "Alabama".
The multi award winning artist/musician Jeff Cook, who is also on the Heartland Records Roster as a solo artist is excited to work on this new project. Jeff, being a hands on type of artist will be co-producing this album that will be recorded in the next couple months.
Most of the songs for the project have been written especially for the new album with these two icon's musical and vocal styles in mind.
There may even be some surprise featured artist(s) that show up on this new album. Watch for announcements on the following websites and social networks.
www.heartlandrecords.net
www.jeffcook-AGB.com
https://www.facebook.com/heartlandrecordsnash/
https://www.facebook.com/williamshatner/
https://m.facebook.com/JeffCook.AGB/
@WilliamShatner
@JeffcookAGB
@heartlandnash
For questions or interview requests contact:
Heartland Records Nashville
(Artist Roster)
Cash Creek
Jeff Cook
Magnolia Belle
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text:
Canada ranks poorly in environmental report
January 18, 2013 By Pulp & Paper Canada
Canada throws away more garbage per capita than any other country in the developed world. That, combined with heavy use of energy and water, gives the country a C grade and a ranking of 15th out of 17 countries in The Conference Board of…
Canada throws away more garbage per capita than any other country in the developed world. That, combined with heavy use of energy and water, gives the country a C grade and a ranking of 15th out of 17 countries in The Conference Board of Canada's How Canada Performs-Environment ranking.
"Our large land mass, cold climate and resource-intensive economy make us less likely to rank highly on some indicators of environmental sustainability, but many of our poor results are based on our inefficient use of our resources," said Len Coad, director, director, energy, environment and technology policy. "Canada must promote economic growth without further degrading the environment. Encouraging more sustainable consumption is crucial to achieve that objective."
Canada does show some excellent environmental results, said the Conference Board. Forests are generally well-protected and well-managed, while air quality has improved modestly and energy use per person is down and water quality is still high.
A 15th-place ranking, the same as in 2009, puts Canada ahead of Australia and the US. These three countries are similar: they are three largest countries in terms of land area, and they are the most resource-intensive economies in the Organisation for Economic Co-operation and Development.
But several of Canada's dismal results are due to overconsumption, the report said. In addition to generating the most waste, Canadians' water withdrawals are nearly double the average of the other countries and are lower only than the US. And despite some improvement, Canadians are still the largest users of energy in the developed world.
Forest management: Canada is a top performer in its forestry practices. Canada gets an A grade and ranks second only to Japan on use of forest resources.
Biodiversity: Canada gets an A for maintaining threatened species. Nevertheless, the number of species at risk in Canada is increasing, although federal biodiversity action plans have been prepared for the agriculture and forestry sectors. In contrast, Canada's Marine Trophic Index declined between 2000 and 2006, so Canada gets a D grade and ranks last on this indicator. The Marine Trophic Index is a measure of the extent to which a country is fishing for smaller species that are further down the food chain, so it measures the overall level of depletion of fish stocks.
Waste: In 2009, Canada generated 777 kilograms of municipal waste per capita—the 17 country average was 578 kg. Most of the waste goes to landfills or incinerators—of the 34 million tonnes generated in 2008, 26 million went there for disposal.
Energy: Canada's energy use is a mixed picture. Canadian greenhouse gas emissions per capita in 2010 earned a D grade, likely because of increased exports of natural resources. Yet GHG emissions per capita fell by almost 5% between 1990 and 2010. Similarly Canada ranks 17th and last for the highest level of total energy consumption, but energy intensity decreased by almost 20% between 1990 and 2009. Canada improved the share of its electricity produced by nuclear and renewable sources (mostly hydroelectric power) from 72% in 2000 to almost 78 % in 2011.
Air quality: Canada's performance on all four air quality indicators in this analysis improved between 1990 and 2009. Yet, compared to most other countries, Canada still emits higher levels per capita of nitrogen oxides, sulphur oxides, and volatile organic compounds (VOCs).
Water: At a glance, the report said, Canada enjoys abundant and safe water. For example, Canada earns an A grade for water quality and ranks 4th on this indicator. Yet, regions such as the Prairies, southern Ontario and southern Quebec have water quality concerns, due in part to municipal water discharges (still, despite upgrades, one of the largest sources of pollution in Canadian waters). Furthermore, Canada's water withdrawals are nearly double the 16-country average, and Canadians use more than nine times the water per capita that Denmark does.
How Canada Performs is a multi-year research program at The Conference Board of Canada to help leaders identify relative strengths and weaknesses in Canada's socio-economic performance. The How Canada Performs website presents data and analysis on Canada's performance compared to 16 peer countries in six performance categories: economy, innovation, environment, education and skills, health, and society.
Decision opens door for recycled board in liquor packaging
Tree-planting workshops offered to Ontario landowners


text:
Q: How much space on the hard drive do I need to upgrade to Active Directory 2003? On my forest root, is there a certain amount of space I need to upgrade to 2003 Active Directory?  I know I need to put in the cd/dvd for 2003 and do adprep, so I'm guess lots of space is used.  The disk is almost full now so if it is too much, I don't know how I can ever upgrade.
This is not an upgrade of the Windows 2000 OS, just an upgrade to Windows 2003 AD.  Another machine will eventually take the place of the forest root, but I have to prep things, as I understand it, before I can pass the FSMO roles to the new machine and remove the old machine.

A: 300MB is plenty of space for the required Schema updates needed to introduce a later domain controller into the forest.

redpajama_set_name: RedPajamaStackExchange


text:
class MigrateOutreachPrivToStaffPosition < ActiveRecord::Migration[5.2]
  def up
    Convention.find_each do |convention|
      outreach_profiles = convention.user_con_profiles.where(outreach: true)
      if outreach_profiles.none?
        say "No outreach profiles for #{convention.name}; skipping"
        next
      end

      say "Migrating outreach profiles for #{convention.name}"
      user_con_profile_ids = outreach_profiles.pluck(:id)
      staff_position = convention.staff_positions.find do |existing_position|
        existing_position.user_con_profile_ids.sort == user_con_profile_ids.sort
      end
      staff_position ||= convention.staff_positions.create!(
        name: 'Outreach Coordinator', visible: false, user_con_profile_ids: outreach_profiles.pluck(:id)
      )
      %w[
        read_signup_details
      ].each do |permission|
        staff_position.permissions.create!(model: convention, permission: permission)
      end
    end

    remove_column :user_con_profiles, :outreach, default: false, null: false
  end
end

redpajama_set_name: RedPajamaGithub


text:
Streaming Won, But Where's The Innovation?
(Hypebot) – Although music streaming, the most disruptive technologycurrently being used in the industry, is well on its way to becoming the dominant method through which listeners consume music, it has not yet even come close to unlocking its full potential, despite having been around for close to two decades
Guest post by Radical.FM founder Thomas McAlevey
For a while, it looked like illegal file-sharing and iTunes downloads might be the future of a battered music industry. But streaming is already in the process of beating all other forms of music consumption senseless. Barring earth's collision with a large meteor, streaming's victory by knockout is a foregone conclusion. And that's a good thing.
Artists get paid for every stream, as opposed to pirating and terrestrial radio, for which they get paid nothing. And compared to song downloads, which pay once, streaming pays in perpetuity — every single time a song is listened to — eventually profiting artists more than even the venerable CD. And users get unlimited access to pretty much every song ever recorded, not just a static list of songs that must be downloaded one-by-one (how tedious) and not just what the local radio station likes. No, we're talking about all the music in the world, anytime you want it, anywhere there is Internet, legally and with compensation to artists, whether you choose to pay a subscription fee or not. No wonder streaming is a knockout.
But it could be much better.
Ever wonder why the meteoric rise of social media has been largely unaccompanied by music, even though music was made to be shared? Or why old-school terrestrial radio is still in business, despite limited playlists, absurdly long blocks of advertising, and zero compensation to artists? The answer is simple: legal streaming is hamstrung by the very music industry it is in the process of saving. Major labels have conspired to maintain a status quo that has bored consumers right out of the prolific adoption of streaming that will raise the music industry to unprecedented heights.
In the 90s, a self-satisfied music industry grew fat from force-feeding consumers whole albums, when the reality was that most of us only wanted our favorite hits. Then in 1999, Napster sideswiped the industry; but as a result, lawyers fueled by indignation instead of logic lashed out at everything that moved. The Recording Industry Association of America even sued a 12-year-old and popular opinion for music labels sank faster than revenue.
That same year, my Swedish start-up Tomsradio.com began streaming tailorable music stations like Pandora and curated playlists like Spotify. But a music industry raging against Napster trusted nothing related to Internet, so despite a respectable user base, we took Tomsradio offline in 2003. After several years I returned to streaming expecting to find services eons ahead of where we'd left them, but what I found instead was the same two basic service types pioneered by Tomsradio ten years earlier: personalized endless streams like Pandora, and on-demand playlist services like Spotify.
In the court of public opinion, the RIAA had learned not to sue children, but restrictive agreements continue to stifle the innovation that will allow the music industry to stream its way to its most lucrative era ever. Both label and SoundExchange (government) agreements have sufficient language and clauses to make any real experimentation of format tantamount to legal suicide. Occasionally, naive upstarts jump into the lawyer-infested streaming waters to try something radical, like Turntable.fm, but are swallowed whole before they learn to swim.
What's clear is that we must move beyond personalized stations and on-demand playlists. Streaming needs real innovation to attract the audiences required to catapult the music industry into a new golden age, and the public is ready. But among today's 'me too' streaming offerings from the biggest companies in the world, nobody is doing 'social' (live synchronous music sharing), nobody is allowing people to speak directly to followers, and nobody is combing these types of features to take on old school radio.
Wired.com just quoted Edison analyst Richard Windsor as saying, "The real target of Apple Music is radio rather than recorded music streaming. Despite grabbing all the headlines, the recorded music industry is currently worth around $16 billion while radio advertising is worth around $44 billion per year." But if Apple wants to move old school radio into the digital age (and it's about time) then why just offer Beats1, which is no more innovative than the radio we knew last century?
While tech companies like Apple and Pandora scratch around the edges of terrestrial radio's antiquated empire, one old-school broadcaster is testing the streaming waters. When iHeartRadio bought Spreaker (then a simple Talk Radio app) two years ago, I thought the light bulb had finally lit. But instead of combining their Pandora-like personal radio service with Spreaker's ability to share streams in real time and live hosting, which would have posed a real threat to the old broadcasting model, iHeart buried Spreaker into yet another podcasting service, which completely misses the live community feeling so compelling in the 44-billion-dollar terrestrial radio market, and already so lacking in today's music streaming.
This month, Radical.FM released RadCasting, the first step towards true disruption of AM/FM radio, a market nearly three times the size of the entire recorded music industry. RadCasting permits simple real-time synchronous music sharing. The idea is to create social listening environments for any occasion from jogging with friends while listening to the same motivating music, to Beyoncé releasing her latest hit to millions of fans simultaneously. And it works like a charm… but it's not enough.
What needs to occur is the seamless merging of a synchronous music streaming feature like RadCasting, with the voice-injection ability of Talk Radio apps like the old Spreaker, and with the support of the major labels (who stand to profit the most, as old-school radio in America pays labels and artists nothing). It's an ambitious goal in a streaming industry all but devoid of innovation. Let's hope that a decade after Tomsradio.com that the recording industry is ready to embrace constructive innovation instead of trying to stifle it. Because successfully combining old-school radio's live community with internet's reach and interactivity will socialize music and democratize broadcasting in such exciting new ways that even today's jaded listeners will be compelled to pay attention. And not only is it possible with current advancements in tech and data delivery, it is absolutely necessary if music and streaming are to reach their full potential.


text:
Is Your Organization Limiting High-Potential Women?
#Rania H. Anderson
By Rania H. Anderson October 3, 2018
As an HR professional, you are working hard to ensure that there's an equal playing field for men and women in your organization. Unfortunately, it's possible that you haven't fully considered that some of your workplace practices are disproportionately limiting your female employees.
My new book, WE: Men, Women, and the Decisive Formula for Winning at Work (Wiley, 2018), shows readers how they can improve their own results—and boost their organizational performance—by transforming the way they work with women. This often means making changes to the work environment so that women can excel.
Here are six commonly overlooked barriers that impede women's performance:
1. Failing to enlist and equip men and front-line managers. Most organizations' efforts are limited to three main initiatives:
Getting commitment from senior executives.
Developing women through women's leadership programs.
Implementing programs and benefits that accommodate women's needs, such as flexible work schedules, leave policies and pay equity audits.
But the efforts typically don't encourage men and front-line managers to be individually accountable to recruit, retain and advance women. When they do, they are often limited to mandating sexual harassment and unconscious bias training.
While these are necessary, the focus is on "what not to do." The most progressive organizations positively enlist and equip men and managers with the actions they need to intentionally work and lead more effectively with women
2. Relying too much on self-assessments. Does your performance review process begin with employees doing self-evaluations, which their managers use to complete the review? If so, your organization is putting some women at a disadvantage. Women tend to be more critical of their own performance and less likely to rate themselves as highly as men. So, their performance evaluations start from a lower point than men.
3. Limiting the job candidates. Does your recruiting process rely on the hiring manager's networks to source candidates? Do the job descriptions contain a laundry list of qualifications that hardly anyone ever meets? Do current employees need to take the initiative to apply for the role? These three practices make it harder to have gender-balanced teams.
Since most managers are men and men network mostly with other men, when they ask their male colleagues for referrals, they are most commonly referred to male candidates. Moreover, women typically don't apply for jobs unless they meet at least 80 percent of the job qualifications. But men apply if they meet only 50 percent or 60 percent of them. If job descriptions contain rarely-met requirements, women will likely not apply for them and men will.
To address this, managers and HR professionals at Duke Energy Corp. in North Carolina identify slates of candidates more objectively. When managers submit a list of candidates for a position, HR analyzes the candidates' fit and identify other candidates who match the position profile. Their goal is to ensure that the candidate slate includes all qualified candidates, even those not known to the hiring manager.
4. Focusing on mentoring, but not sponsoring. Mentoring is necessary and important, but it's insufficient to help women advance. Mentoring is giving someone advice in private. Sponsorship is talking about someone in public and giving them challenging assignments and opportunities. Men are more likely to have sponsors than women are. The lack of sponsors has been shown to be one of the biggest barriers holding women back.
5. Depending too much on poorly funded women's networks. Does your organization believe that providing a women's network, affinity group or employee resource group will address female employees' needs? While these are important ways to connect and support each other, women need more to advance. Women benefit most from regular exposure to senior leaders, executives and strategic clients.
6. Failing to hold managers accountable. How are diversity and inclusion measured in your organization? Do you measure just the number of women? Do you set goals and hold managers accountable? If you consider D&I a business imperative, you should measure multiple aspects of it and hold managers individually accountable for it.
The most forward-looking organizations understand that high-potential women aren't being held back because they are unqualified or don't want to take on more responsibility. They're being held back because leaders aren't enabling women to thrive and contribute at the highest levels of performance and results.
Rania H. Anderson is a corporate speaker who helps organizations recruit, retain, include and lead with women.
Organization and Employee Development Relationship Management
Skills companies need most in 2020. View top skills.
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text:
Callistethus chontalensis är en skalbaggsart som beskrevs av Bates 1888. Callistethus chontalensis ingår i släktet Callistethus och familjen Rutelidae. Inga underarter finns listade.

Källor

Skalbaggar
chontalensis

redpajama_set_name: RedPajamaWikipedia


Frank has since the early 1990´s been working in corporation and exclusively played on the Yamaha instruments. Since 2013 he is employed in The Norwegian Wind Ensemble, Norways oldest orchestra but the most innovative.
Frank is one of the founding members in the Ensemble Denada, and is the lead trumpet of the big band. Since 2005 he is playing lead trumpet for Mats Holmquists big band , Stora Stygga from Stockholm.
Frank is arranging and organising most of the Yamaha Europe Quintet concerts and are currently working on an very exiting new project in corporation with Yamaha Europe.
Frank is very active on the European freelance scene in a variety of styles of music. On the side of this, Frank is guesting different orchestras, military bands, big bands, brass bands, wind bands, as a guesting soloist, conductor and arranger.


text:
Q: Recharts Responsive Container not rendering on laptop I show a BarChart in a Responsive Container. On my "big screen" it (kind of) works but on my macbook screen the BarChart isn't visible until I resize the window or manipulates the DOM in some way (ex. set width on an element in the browsers inspector). By resizing the window manually the element gets a width.
I tried different suggestions like setting width="100%" on ResponsiveContainer and on body, html and #root. I'm also wrapping the ResponsiveContainer in 2 divs with positioning to stretch the container (see styled.ts below).
Here's my Chart component
import React, { FC } from 'react'
import {
    ResponsiveContainer,
    Bar,
    BarChart as RCBarChart,
    XAxis,
    YAxis,
    CartesianGrid,
    ReferenceLine,
    Tooltip,
} from 'recharts'
import i18n from ...'i18n'
import { ChartContainerOuter, ChartContainerInner, ChartLegend } from './styled'
import colors from xxx'@liva-web/core/theme/colors'
import moment from 'moment'

const defaultTickFormatter = (date: Date) => {
    return moment(date).format('dddd')
}

interface Props {
    data: SingleValueChartData[]
    goal: number
    goalColor?: string
    gridStroke?: string
    gradientFrom?: string
    gradientTo?: string
    tickFormatter?: (string) => string
}

const BarChart: FC<Props> = ({
    data,
    goal,
    goalColor = colors.blackberry[700],
    gridStroke = colors.lychee[600],
    gradientFrom = colors.pumpkin[400],
    gradientTo = colors.banana[400],
    tickFormatter = defaultTickFormatter,
}) => {
    // random id string for gradient
    const gradientId = `gradient-${new Date().getTime()}`

    return (
        <ChartContainerOuter>
            <ChartContainerInner>
                <ResponsiveContainer width="100%" height={400}>
                    <RCBarChart data={data}>
                        <defs>
                            <linearGradient id={gradientId} gradientTransform="rotate(90)">
                                <stop offset="5%" stopColor={gradientFrom} />
                                <stop offset="95%" stopColor={gradientTo} />
                            </linearGradient>
                        </defs>
                        <Tooltip isAnimationActive={false} cursor={false} />
                        <CartesianGrid stroke={gridStroke} strokeDasharray="3" />
                        <XAxis dataKey="date" tickFormatter={tickFormatter} />
                        <YAxis />
                        <Bar
                            dataKey="value"
                            fill={`url(#${gradientId})`}
                            barSize={20}
                            isAnimationActive={false}
                        />
                        <ReferenceLine y={goal} stroke={goalColor} strokeWidth={2} isFront />
                    </RCBarChart>
                </ResponsiveContainer>
            </ChartContainerInner>
        </ChartContainerOuter>
    )
}

export default BarChart

styled.ts
import styled from 'styled-components'

export const ChartContainerOuter = styled.div`
    position: relative;
    width: 100%;
    padding-bottom: 400px;
`

export const ChartContainerInner = styled.div`
    position: absolute;
    left: 0;
    right: 0;
    bottom: 0;
    top: 0;
`

export const ChartLegend = styled.div`
    color: ${props => props.color};
    margin-right: 10px;
`

It's really weird that it behaves different on Laptop and "desktop"...! Any suggestions on how to fix this?


Customers are eating out more often and have higher expectations of what they get for their money. Its therefore crucial that your establishment offers the best service and meets the needs of your visitors.
At Callebaut® we use only the best ingredients and have been crafting the Finest Belgian Chocolate for more than 100 years. Made with dedication passed on from generation to generation, Callebaut® chocolate enables pub chefs, hotel caterers, restaurant owners and operators to create outstanding menus that will leave a lasting impression with your customers and deliver a solution without compromise.
Explore our website for recipe inspiration for all-day parts and top tips for your front of house team to upsell sweet treats.
Follow our step by step guide to create an easy chocolate sauce that takes just 2 minutes to make!
Discover simple ways to add value with Callebaut to your menu, and leave a Lasting Impression with customers.


All of the modern, ground floor luxury guestrooms facing north are located along the passageway leading to the breakfast room and lounge area, while the rooms on the south side each has a private terrace with sunshades.
Your bedroom (25 m2) features the following facilities: two single (boxspring) beds pushed together, desk with chair, telephone, Internet connection, radio and television (cable TV; remote control), safe, refrigerator and spacious adjoining bathroom. The bathroom has bath/shower, WC, washbasin and hairdryer, as well as other requisites such as shampoo, shower gel, shower cap and shoeshine cloths.
Two of the seven guestrooms are a little larger (30 m2) and with their connecting doors can be extended to make a very spacious family room.
On request, we can provide a cot for each bedroom, free of charge; an additional (child's) bed can also be set up in your room for a small charge.


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The Centre for Dementia Prevention
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Sandwich Monday: Zombie Burger
By Ian Chillag
Published June 24, 2013 at 1:03 PM CDT
The menu at Zombie Burger is printed on the other side of a post-zombie-apocalypse newspaper.
It's a testament to the food at Zombie Burger that it's named the place after a species best known for eating human brains — and yet, still trusts that you'll keep your appetite.
/ NPR
Hey, sandwich, you've got a little something on your face. Nope, other side. Nope, it's still there.
The entire menu at the Des Moines, Iowa, burger joint is zombie-themed. There's the "T-Virus," the "Undead Elvis," the "Dead Moines." The star, though, is "The Walking Ched." It's topped with macaroni and cheese, and the bun has been replaced with breaded and deep-fried macaroni and cheese patties, which may be beating an undead horse a bit. I tried one with friends Anton & Todd.
Someone created this and thought, "needs mayonnaise."
Ian: The mac n' cheese really works with the whole zombie thing, because it looks like brains.
Anton: I feel like I'm eating Zombie Mayor McCheese.
The World War B.
We also tried the timely "World War B" burger. The B stands for bacon, but if you like your sandwiches handsome, you can imagine it stands for Brad Pitt. It's a burger topped with six strips of bacon, pulled bacon, and bacon mayonnaise. Bacon bacon bacon; bacon bacon.
Todd: The bacon really brings out the flavor of the other bacon.
Ian: They always say there's more pigs than people in Iowa, but I'm guessing things evened out a bit when they made this sandwich.
Off-topic Zombie: ... braaaaaains ...
[The verdict: highly recommended. Until sampling the menu here, I'd never stopped to think how boring the culinary life of a zombie must be. Sure, you're probably really excited about brains the first couple times you eat them, but after that it's like, "brains again?" Zombie Burger makes you glad to be human.]
Ian Chillag


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Rapperswil Castle (Swiss German: Schloss Rapperswil) is a castle, built in the early 13th century by the House of Rapperswil, in the formerly independent city of Rapperswil.

The castle is located on the eastern Zürichsee'''s western Obersee lakeshore in Rapperswil, a locality of the Rapperswil-Jona municipality in Switzerland's canton of St. Gallen.

Since 1870 the castle has been home to the Polish National Museum established by Polish émigrés, including the castle's lessee and restorer, Count Wladyslaw Broel-Plater. Schloss Rapperswil and the Museum are listed in the Swiss inventory of cultural property of national and regional significance as Class A objects of national importance.

 Geography
The medieval Altstadt of the city of Rapperswil is dominated by the castle perched atop a longish rocky hill on the peninsula called Lindenhof hill on its western side respectively Herrenberg on its eastern side where the castle was built. It is surrounded on three sides by the Lake Zürich and by those upper section on the northwestern Seedamm area. Thus, the castle was well protected, dominating the old town of Rapperswil, and controlling the water way between Walensee and Lake Zürich on its most narrow part, as well as the medieval Gotthard Pass route between Lombardy and Zürich, and the Jakobsweg (Way of St. James) to the Einsiedeln Abbey.

The castle is situated next to Stadtpfarrkirche Rapperswil and the present cemetery chapel, and (to the east) neighboured by former small castle, as of today the Stadtmuseum Rapperswil.

 History
Rapperswil Castle dates back around 1200 to 1220 AD, and it was first mentioned in 1229 on occasion of the foundation of the Rüti Abbey. The castle and the fortifications of the former locus Endingen (given by the Einsiedeln Abbey) were built by Count Rudolf II and his son Rudolf III von Rapperswil, when the nobility of Rapperswil moved from Altendorf (Alt-Rapperswil) across the lake to the other side of the so-called Seedamm, maybe to establish their own parish church and to avoid to go the mess, by crossing the lake, in St. Martin Busskirch. As before in the 11th and 12th century AD, the family acted as Vogt of the Einsiedeln Abbey. Sandstone from the Lützelau island was used to build the castle, the town walls and the city.

The chapel adjoining the ossuary dates back to the time when the parish passed from the Busskirch church to the Rapperswil church and accordingly an inner city cemetery was established. The first chapel was associated to the castle, but the chapel was located outside of its walls and separated by a trench. The preceding building of the Liebfrauenkapelle was built as an ossuary around 1220 to 1253. The charnel house was first mentioned as intra cymeterium ecclesia, meaning church in the cemetery.

The Counts of Rapperswil became extinct in 1283 with the death of the 18-year-old Count Rudolf V, after which emperor Rudolf I acquired their fiefs. The Herrschaft Rapperswil proper passed to the house of Homberg represented by Count Ludwig († April, 27 1289) by first marriage of Countess Elisabeth von Rapperswil. Around 1309 the bailiwick passed to Count Rudolf von Habsburg-Laufenburg († 1315) by second marriage of Countess Elisabeth, the sister of Rudolf V, followed by her son, Count Johann I († 1337 in Grynau) and his son, Johann II († 1380).

In 1350 an attempted coup by the aristocratic opposition (a central person was Count Johann II) in the city of Zürich was forcefully put down, and the town walls of Rapperswil and the castle were destroyed by Rudolf Brun. Eis-zwei-Geissebei, a Carnival festival hold in Rapperswil on Shrove Tuesday, may go back to the siege and destruction of the city of Rapperswil. The battlements and the castle were rebuilt by Albrecht II, Duke of Austria in 1352/54.

After the extinction of the line of Habsburg-Laufenburg in 1442, the castle was given to the citizens of Rapperswil. Ending Old Zürich War, Rapperswil was controlled by the Swiss Confederation from 1458 to 1798 as a so-called Gemeine Herrschaft, i.e. under control of two cantons of the Old Swiss Conferation and their representative, a Vogt, and Rapperswil castle became an administration site respectively military base and prison.

Over the course of time, the castle fell into disrepair. In 1870 the castle was leased for 99 years from the local authorities by a post-November 1830 Uprising Polish émigré, Count Wladyslaw Broel-Plater (a relative of Emilia Plater, a heroine of the same 1830 Uprising), who had been in Switzerland since 1844. At his own expense he restored the castle, and on 23 October 1870 the Polish National Museum was established. Except for two hiatuses (1927 to 1936 and 1952 to 1975), the museum has existed to the present day — an outpost of Polish culture in Switzerland.

In 2008 some Rapperswil residents petitioned local authorities to evict the Polish Museum from its home in the castle, as two historical museum locations (Stadtmuseum and Polish Museum) estimated to be too expensive. The museum was conducting a petition campaign to retain the Museum in the castle, but although the Stadtmuseum (museum of local history was kept respectively renewed at its location at the nearby Breny house at Herrenberg in 2012/13, indeed, the future of the Polish Museum remains unsure.

 Architecture and points of interest
 Building
Rebuilt by Duke Albert II, since 1354 the castle forms an almost equilateral triangle, and each corner of the castle is reinforced with a tower. The highest tower in the southwest is the donjon, commonly called Gügeliturm in Swiss-German language, where the so-called Hochwächter warned the residents against approaching danger or fire. The five-sided Zeitturm, a clock tower in the east, houses three bells and beside a sundial and two large clocks. Between these two towers the castle's six-storey palais is situated. In addition, ramparts respectively battlements are leading to the third tower in the northwest, the so-called Pulverturm (powder tower). From 1698 to 1837 there was a drawbridge, at the present lower gate towards the former castle chapel. The French revolutionary troops plundered the castle's interior in 1798.

 Interior
Inside the castle's palais, there is located next to the Polish Museum the Schloss Restaurant. After hours visits are available by appointment, as well as guided tours for groups, although the castle is just partially accessible for the public. The impressing Rittersaal (knight's hall) and the historical wooden architecture, as well some pictures and tapestry include further points of interest.

 Herbal garden

The city and local board of Rapperswil-Jona initiated in 2011 a new service and operating concept for the Rapperswil castle to provide the site as a touristic attraction and meeting place, and thus recognizable as a brand. For this purpose, the tower, the battlements and the herb garden were opened to the public.

 Lindenhof hill

In 981 AD the assumably oldest vineyard on Zürichsee lake shore, situated on the southern slope of the Lindenhof hill which is named Schlossberg was mentioned for the first time. On the castle's terrace, the eastern part of the so-called Lindenhof hill-square, the Polish freedom pillar is situated, as a sign of Switzerland's solidarity with people who struggle for their freedom, as well a tiny rose garden. From there is also an impressing view over the medieval town of Rapperswil, upper and lower Lake Zürich, on the Seedamm and the wooden bridge from Rapperswil to Hurden and the Frauenwinkel protected area, and towards the Glarus Alps, as well as to the Bachtel mountain. Among other traditions, Eis-zwei-Geissebei is celebrated on Lindenhof, at the Rathaus and Castle when in the evening all regional Guggenmusik (carnival marching bands) gather to celebrate a roaring concert. On the northern side of the Lindenhof plateau stretches a supervised Deer park with 10 to 15 Dama dama down towards the Kempratnerbucht which is a reminder of the legend of the castle's founding.

 State of research
It is also assumed a predecessor building, a Roman era watchtower in conjunction with the Vicus Centum Prata, but for the present there are no archaeological findings. Due to the structural conditions, there never significant archaeological excavations were carried out, incidentally at the entire area of the Lindenhof and Herrenberg area. Likewise, there are few reliable data for the construction, only the renovations and the function of the castle are therefore secured by historical sources.

 Heritage sites of national significance
Rapperswil Castle and the Polish Museum are listed in the Swiss inventory of cultural property of national and regional significance, as well as the historical lake crossings and settlements, as Class A'' objects of national importance.

See also
 Lindenhof (Rapperswil)
 Stadtmuseum Rapperswil
 Einsiedlerhaus

References

External links

 Schloss Rapperswil on the website of Rapperswil-Jona

Rapperswil Castle
Buildings and structures in Rapperswil-Jona
House of Rapperswil
Museums in the canton of St. Gallen
Museums of Polish culture abroad
Clock towers
Towers in Switzerland
Cultural property of national significance in the canton of St. Gallen
Restaurants in Switzerland
Tourist attractions in Rapperswil-Jona
Gothic architecture in Switzerland


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Home>TCJF>Larry Englund: Farewell to Our Jazz Hero
Larry Englund: Farewell to Our Jazz Hero
TCJF Twin Cities
February 4, 2019 February 11, 2020 Andrea Canter2886
Larry Englund
[Note: Portions of this article are drawn from Janis Ewart's nomination letter for Larry's designation as Jazz Hero by the Jazz Journalists Association, and from Larry's own self-penned obit, released on February 4.]
The Twin Cities lost one of its true "jazz heroes" with the passing of Larry Englund, who died of cancer on February 2 at age 73. Larry wore many hats (literally!) over his years as a social worker, tech writer, journalist, deejay, broadcaster, blogger, jazz organization board member, festival emcee, and more.
Larry grew up in The Bronx "the only son of Carl, a carpenter, and Edna, a housewife and excellent cook of comfort food. As a child, I was coddled by my three sisters." Larry remembers listening to his "little turntable and Golden records. My sister Lorraine turned me on to the music of Big Joe Turner and Fats Domino when I was about ten, and a few years later I became a teenage deejay, using one of those 45-only turntables for Friday Night dances at a church basement in the Bronx." But music was only part of Larry's history and lifelong "explorations." He noted that "looking back, I realize that I've been an explorer of sorts, open to new experiences and adventures. My work life has been… varied. I stopped counting after 28 jobs, but can say I learned something from each job. Eventually, I got into tech writing and then marketing for hi-tech and medical companies. When I retired in 2007, I was working for Public Art Saint Paul."
Among Larry's "explorations" were a number of global adventures, including " biking from Minneapolis to New Orleans; traveling with a band on tour in Peru, during which I spent a day at Machu Picchu and took part in a cleansing ceremony led by Incan shamans. I've visited pyramids in Mexico and Guatemala; hitchhiked cross-country a number of times; played tambourine and sang back-up in front of thousands of Luther Leaguers. [Wife] Liz and I saw the Wrapped Reichstag in Berlin; visited the hamlet where my father lived in Finland; lived in the Netherlands for three years; visited Havana twice; built homes in Costa Rica; and, along with my wife Liz, were the only Americans on a bus traversing the Finland/Russia border."
And always, there was music. Over the years, he turned to blues, R&B, roots music, world beat, and jazz. His introduction to jazz came via a recording of Ahmad Jamal's "Poinciana," and from there he found Cannonball Adderley's Things are Getting Better, Milt Jackson's Big Bags, Stan Getz's Focus, and Cal Tjader's Saturday Night/Sunday Night at the Blackhawk.
Larry ultimately landed in the Twin Cities, hosting Shake Up Southside and later Streetlight Serenade on KFAI and freelancing as a music writer for City Pages in the 80s. Among his interviews were James Brown, Bobby "Blue" Bland, Claudia Schmitt and Nanci Griffith, while he also reviewed albums and gigs from Sonny Rollins to Dr. John, and wrote about local musicians for the neighborhood paper, The Villager. Even after returning to school (earning an MBA at the University of St Thomas), Larry continued serving the music community, hosting Rhythm and Grooves on KFAI with live interviews (George Duke, Maceo Parker, David Sanborn, Esperanza Spalding, as well as local and regional artists) and creative programming that introduced Twin Cities audiences to everything from Fats Waller and Louis Armstrong to Joe Lovano and Charles Lloyd. Larry retired from KFAI at the end of 2017, but continued his weekly "Rhythm and Grooves" blog/email through January 2019 (after 9 years), citing the best of the week's upcoming gigs in jazz and blues. He occasionally wrote articles or interviews for Jazz Police.com, mostly recently an interview with pianist Emmet Cohen. He also continued spinning vinyl (mostly classic soul and funk) for Sunday brunch at the Nightingale in Minneapolis and for special occasions at other venues.
Larry Englund receiving JJA Jazz Hero Award in 2018
Larry's commitment to the local music scene was not limited to print and radio — he also served on the Boards of the Twin Cities Jazz Festival and Dakota Foundation for Jazz Education, including six years as Board Chair of DFJE. He was often on stage as emcee for the annual DFJE Youth Stage at the Twin Cities Jazz Festival. He also produced a couple outdoor festivals, as well as a show called Saint Paul Live! for KBEM. Larry was also an active consumer of live music, sometimes seen at three different venues on a given night. In early 2018, Larry was named a Jazz Hero by the Jazz Journalists Association, following his nomination by Janis Lane Ewart. The award was presented on April 8, 2018, at Crooners Lounge.
Larry never lost his sense of humor and generally upbeat view of life, concluding his own obit notice with "a few things I have learned, in no particular order:
When working road construction, never, ever leave your lunch bucket where it can get run over by a truck
When the computer asks, "Delete file?" Always take a moment, and a deep breath, before hitting the key
Even if it's after midnight and you're dead tired from working 14 hours, always take a shower after spending an evening cleaning a turkey processing plant
Having the Pope in town is no guarantee for success in selling Pope T-shirts
Always be open to exploration — even if it's just trying some new food
The more you travel, the more you understand that the traits that tie us together are stronger than the traits that separate us
Having a partner that can use humor to point out foibles and miscommunications helps keep a relationship on an even, happy keel"
Larry is survived by his wife Liz, two sisters, and the Twin Cities music community. He promised that "a memorial / celebration service featuring some of the area bands that I have been so fond of will be held …at the Hook and Ladder in Minneapolis." The date has been set for 2 pm on April 7.
Read in full Larry's own obit at https://rhythmandgrooves.net/
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Andrea Canter
http://andreacanterartworks.com