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Safeguarding competition in air transport

20-05-2019

The issue of fair competition between EU and third-country airlines and the importance of guaranteeing a level playing field has been recognised for some years by the various EU institutions as key for the future of European aviation. The 2015 Commission communication on the aviation strategy underlined the importance and legitimacy of EU action to deal with possible unfair commercial practices in international aviation, and announced the revision of existing rules in this field. On 8 June 2017, ...

The issue of fair competition between EU and third-country airlines and the importance of guaranteeing a level playing field has been recognised for some years by the various EU institutions as key for the future of European aviation. The 2015 Commission communication on the aviation strategy underlined the importance and legitimacy of EU action to deal with possible unfair commercial practices in international aviation, and announced the revision of existing rules in this field. On 8 June 2017, the Commission adopted a legislative proposal for a regulation on safeguarding competition in air transport. The objective of the proposal is to provide effective legislation in order ‘to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition with third countries’ air carriers’. Parliament and Council reached agreement on the text in November 2018. The text was formally adopted by Parliament on 14 March 2019 and by Council on 9 April. Signed on 17 April, the new regulation comes into force on 30 May 2019. Fifth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Revision of the Community Code on Visas

12-04-2019

The European Union Code on Visas is one of the core elements of the EU's visa policy. It lays down the procedures and conditions for issuing short-stay visas for third-country nationals. On 14 March 2018, the Commission adopted a proposal to revise the Community Code on Visas (the visa code). The main objective of the proposal is to strengthen the common visa policy while addressing migration and security concerns. This will involve increasing the role of visa policy in the EU's cooperation with ...

The European Union Code on Visas is one of the core elements of the EU's visa policy. It lays down the procedures and conditions for issuing short-stay visas for third-country nationals. On 14 March 2018, the Commission adopted a proposal to revise the Community Code on Visas (the visa code). The main objective of the proposal is to strengthen the common visa policy while addressing migration and security concerns. This will involve increasing the role of visa policy in the EU's cooperation with third-countries, also taking economic considerations into account by facilitating the processing of visas for legitimate travellers who contribute to the EU's economy and its cultural and social development. After Parliament voted its position on the proposal in December 2018, trilogue negotiations brought an agreement on a compromise text in February. The plenary is due to vote on confirming this text during the April II plenary session. Second edition of a briefing originally drafted by Maria Margarita Mentzelopoulou and Costica Dumbrava. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Fairness and transparency for business users of online services

12-04-2019

The European Parliament and the Council reached an agreement on the proposed regulation on promoting fairness and transparency for business users of online intermediation services in February 2019. Providers of online intermediation services (e.g. Amazon and eBay) and online search engines (e.g. Google search) will be required to implement a set of measures to ensure transparency and fairness in the contractual relations they have with online businesses (e.g. online retailers, hotels and restaurants ...

The European Parliament and the Council reached an agreement on the proposed regulation on promoting fairness and transparency for business users of online intermediation services in February 2019. Providers of online intermediation services (e.g. Amazon and eBay) and online search engines (e.g. Google search) will be required to implement a set of measures to ensure transparency and fairness in the contractual relations they have with online businesses (e.g. online retailers, hotels and restaurants businesses, app stores), which use such online platforms to sell and provide their services to customers in the EU. The regulation, which, inter alia, harmonises transparency rules applicable to contractual terms and conditions, ranking of goods and services and access to data, is considered to be the first regulatory attempt in the world to establish a fair, trusted and innovation-driven ecosystem in the online platform economy. Now that Member States' and Parliament's negotiators have endorsed the compromise text, the political agreement must be voted in plenary by the European Parliament and formally adopted by the Council to complete the legislative procedure.

Review of the Clean Vehicles Directive

10-04-2019

In November 2017, the European Commission proposed a revision of Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (the Clean Vehicles Directive), after an evaluation showed that the directive had yielded limited results. The proposed directive aims to promote clean mobility solutions in public procurement tenders and thereby raise the demand for, and the further deployment of, clean vehicles. The proposal provides a definition for clean light-duty vehicles ...

In November 2017, the European Commission proposed a revision of Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (the Clean Vehicles Directive), after an evaluation showed that the directive had yielded limited results. The proposed directive aims to promote clean mobility solutions in public procurement tenders and thereby raise the demand for, and the further deployment of, clean vehicles. The proposal provides a definition for clean light-duty vehicles based on a combined CO2 and air-pollutant emissions threshold; for heavy-duty vehicles, it gives a definition based on alternative fuels. The proposal is in line with the European Commission’s energy union package, which plans action on the further decarbonisation of road transport in line with the 2030 climate and energy targets. The proposal was referred to the European Parliament’s Committee on Environment, Public Health and Food Safety (ENVI). The committee adopted its report on 10 October 2018. The Parliament then voted on the report during the October II 2018 plenary session. A trilogue agreement was reached on 11 February 2019. The Parliament is expected to vote on the agreed text during the April II session. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Road transport: Driving, breaks, rest times and tachographs

08-04-2019

The Driving Time and Tachograph Regulations were adopted to improve drivers' working conditions and road safety, as well as to enhance compliance with the rules, and competition between road operators. In the context of the European Commission's 2017 'Europe on the move' package, the current proposal aims to remedy the shortcomings of these regulations, on which a broad consensus has emerged: lack of clarity, non-uniform implementation, insufficient enforcement and a need for strengthened cooperation ...

The Driving Time and Tachograph Regulations were adopted to improve drivers' working conditions and road safety, as well as to enhance compliance with the rules, and competition between road operators. In the context of the European Commission's 2017 'Europe on the move' package, the current proposal aims to remedy the shortcomings of these regulations, on which a broad consensus has emerged: lack of clarity, non-uniform implementation, insufficient enforcement and a need for strengthened cooperation between Member States and authorities. In June 2018, Parliament's Committee on Transport and Tourism (TRAN) adopted a report and the mandate to start interinstitutional negotiations. However, during the June 2018 plenary session, Parliament did not endorse the mandate and in July it rejected the report, referring it back to the committee. The Council reached a general approach on this proposal in December 2018, under the Austrian Presidency. On 10 January 2019, the TRAN committee failed to reach a new agreement on the proposal for plenary. In March, the Conference of Presidents decided to include this file on the agenda of the March II plenary session. After procedural complications, Parliament adopted its first-reading position during the subsequent plenary session, on 4 April 2019.

Road transport: Enforcement and special provisions for posted workers

08-04-2019

The EU has established a range of social measures applicable to the road transport sector, which aim at improving drivers' working conditions, road safety and competition. To give real substance to these measures, compliance is key. The 2006 Enforcement Directive was therefore adopted to effectively implement the social provisions of the Driving Time Regulation. The current proposal, published in the context of the European Commission's 2017 'Europe on the move' initiative, seeks to remedy some shortcomings ...

The EU has established a range of social measures applicable to the road transport sector, which aim at improving drivers' working conditions, road safety and competition. To give real substance to these measures, compliance is key. The 2006 Enforcement Directive was therefore adopted to effectively implement the social provisions of the Driving Time Regulation. The current proposal, published in the context of the European Commission's 2017 'Europe on the move' initiative, seeks to remedy some shortcomings of the Enforcement Directive, such as non-uniform implementation. Additionally, it puts forward specific rules on the posting of workers in the road sector, to respond to concerns raised regarding the inadequacy of the Posting of Workers Directive, when applied to the road transport sector. The European Parliament's Committee on Transport and Tourism (TRAN) adopted its report and a mandate to start interinstitutional negotiations in June 2018. However, Parliament did not endorse the mandate and then, in July 2018, rejected the report, referring it back to the TRAN committee. The Council agreed a general approach on this proposal in December 2018, under the Austrian Presidency. In January 2019, the TRAN committee failed to reach an agreement on a compromise proposal. In March, the Conference of Presidents decided to include this file on the agenda of the March II plenary session. After procedural complications, Parliament adopted its first-reading position during the subsequent plenary session, on 4 April 2019.

Revising the European Citizens' Initiative

04-03-2019

The ECI enables European citizens to invite the Commission to table a proposal for a legal act. The detailed rules for such initiatives are laid down in a 2011 regulation, whose main stated aim is encouraging citizens’ participation in the political life of the European Union (EU). However, since the regulation became applicable in April 2012, numerous actors have raised concerns regarding the instrument’s functioning and have called for reform, aiming to simplify the existing procedures and increasing ...

The ECI enables European citizens to invite the Commission to table a proposal for a legal act. The detailed rules for such initiatives are laid down in a 2011 regulation, whose main stated aim is encouraging citizens’ participation in the political life of the European Union (EU). However, since the regulation became applicable in April 2012, numerous actors have raised concerns regarding the instrument’s functioning and have called for reform, aiming to simplify the existing procedures and increasing the tool’s usability. On 13 September 2017, the Commission presented a legislative proposal which would update the tool and replace the existing regulation on the European Citizens’ Initiative. Following interinstitutional negotiations between September and December 2018, the co-legislators reached provisional agreement on the proposal for revision of the ECI. The agreed text now needs to be approved by the Parliament and Council. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

ENISA and a new cybersecurity act

26-02-2019

In September 2017, the Commission adopted a cybersecurity package with new initiatives to further improve EU cyber-resilience, deterrence and defence. As part of these, the Commission tabled a legislative proposal to strengthen the EU Agency for Network Information Security (ENISA). Following the adoption of the Network Information Security Directive in 2016, ENISA is expected to play a broader role in the EU’s cybersecurity landscape but is constrained by its current mandate and resources. The Commission ...

In September 2017, the Commission adopted a cybersecurity package with new initiatives to further improve EU cyber-resilience, deterrence and defence. As part of these, the Commission tabled a legislative proposal to strengthen the EU Agency for Network Information Security (ENISA). Following the adoption of the Network Information Security Directive in 2016, ENISA is expected to play a broader role in the EU’s cybersecurity landscape but is constrained by its current mandate and resources. The Commission presented an ambitious reform proposal, including a permanent mandate for the agency, to ensure that ENISA can not only provide expert advice, as has been the case until now, but can also perform operational tasks. The proposal also envisages the creation of the first voluntary EU cybersecurity certification framework for ICT products, where ENISA will also play an important role. Within the European Parliament, the Industry, Research and Energy Committee adopted its report on the proposal in July. A agreement was reached with the Council during the fifth trilogue meeting, on 10 December 2018, and this was approved by ITRE committee on 14 January. The vote in plenary on this text is scheduled in March 2019. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Single digital gateway

19-12-2018

As part of the ‘compliance package’, the Commission intends to provide a single digital entry point to offer easy and efficient online access for businesses and citizens, comprising: (1) information about Union and national law and administrative requirements, (2) procedures, such as company registration, and (3) services providing assistance upon request. The portal would serve start-ups and growing companies, as well as helping companies conducting business in another country. Access to these services ...

As part of the ‘compliance package’, the Commission intends to provide a single digital entry point to offer easy and efficient online access for businesses and citizens, comprising: (1) information about Union and national law and administrative requirements, (2) procedures, such as company registration, and (3) services providing assistance upon request. The portal would serve start-ups and growing companies, as well as helping companies conducting business in another country. Access to these services would be non-discriminatory, i.e. citizens and businesses from other Member States would have full access to the information and services, and this not only in the language used in the country in which they want to do business. The proposal builds on several existing schemes, such as single points of entry at national level; these cover only a few fields, are not always interconnected, suffer from being little known and are therefore underutilised. In May 2018, trilogues concluded with a provisional agreement, which was then confirmed by both Parliament and Council. The final act was signed on 2 October 2018.

Transposition of EU legislation into domestic law: Challenges faced by National Parliaments

21-11-2018

National Parliaments have emancipated themselves into the EU legislative process and have become more actively involved at the European level. This briefing provides an analysis of the role of National Parliaments in the process of transposition of EU legislation – a mere segment of the overall implementation process.

National Parliaments have emancipated themselves into the EU legislative process and have become more actively involved at the European level. This briefing provides an analysis of the role of National Parliaments in the process of transposition of EU legislation – a mere segment of the overall implementation process.

Externe Autor

Wim Voermans, Professor of Constitutional and Administrative Law, Leiden University

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