135

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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.

Copyright in the digital single market

22-03-2019

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market on 14 September 2016. Stakeholders and academics have been strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules including two controversial provisions: 1) the creation of a new right that will allow press publishers to ...

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market on 14 September 2016. Stakeholders and academics have been strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim remuneration for the online use of their publications (Article 11), and 2) the imposition of content monitoring measures on online platforms such as YouTube, which seeks to resolve the 'value gap' and help rights-holders to better monetise and control the distribution of their content online (Article 13). Furthermore, in addition to the mandatory exception for text and data mining for research purposes proposed by the Commission in its proposal, the co-legislators agreed to enshrine in EU law another mandatory exception for general text and data mining (Article 3a) in order to contribute to the development of data analytics and artificial intelligence. In February 2019, Coreper endorsed the compromise text on behalf of the Member States, and the Legal Affairs Committee (JURI) approved it. The political agreement must now be voted in plenary by the European Parliament and formally adopted by the Council to finalise the legislative procedure. Fourth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Regulating online TV and radio broadcasting

22-03-2019

In December 2018, the co-legislators reached an agreement on a European Commission proposal for facilitating the cross-border provision of online TV and radio content. The co-legislators agreed to extend the 'country of origin' principle to a limited set of online services, and to facilitate the licensing of retransmission services over the internet under certain conditions. Furthermore, at the request of the European Parliament, the compromise text contains new rules on 'direct injection', a process ...

In December 2018, the co-legislators reached an agreement on a European Commission proposal for facilitating the cross-border provision of online TV and radio content. The co-legislators agreed to extend the 'country of origin' principle to a limited set of online services, and to facilitate the licensing of retransmission services over the internet under certain conditions. Furthermore, at the request of the European Parliament, the compromise text contains new rules on 'direct injection', a process used increasingly by broadcasters to transmit their programmes to the public. The compromise also includes a change of the instrument from a regulation into a directive in order to leave flexibility to the Member States to implement the new rules on 'direct injection'. The Member States' negotiators and the Legal Affairs Committee (JURI) endorsed the political agreement in January 2019. The compromise text must now gain the approval of the European Parliament during the March II plenary session. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Digital Europe programme: Funding digital transformation beyond 2020

11-02-2019

In the framework of the next long-term EU budget for 2021-2027, the Commission is proposing a new, €9.2 billion programme to build up digital capacity and infrastructure and support a digital single market. It will operate mainly through coordinated and strategic co-investments with the Member States in the areas of advanced computing and data, artificial intelligence, and cybersecurity, their uptake and optimal use in the private and public sectors and boosting advanced digital skills. The programme ...

In the framework of the next long-term EU budget for 2021-2027, the Commission is proposing a new, €9.2 billion programme to build up digital capacity and infrastructure and support a digital single market. It will operate mainly through coordinated and strategic co-investments with the Member States in the areas of advanced computing and data, artificial intelligence, and cybersecurity, their uptake and optimal use in the private and public sectors and boosting advanced digital skills. The programme aims to help European societies and businesses to make the most of the ongoing digital transformation. The Commission sees the potential for efficiency gains in exploring complementarities and synergies with other planned programmes such as Horizon Europe, the Connecting Europe Facility and the European Regional Development and Cohesion Funds. The European Parliament adopted amendments on 13 December 2018 and referred the file back to the ITRE committee for interinstitutional negotiations. The Council reached a partial general approach, which excludes budgetary and horizontal issues, in December 2018. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Standard Essential Patents and the Internet of Things

15-01-2019

This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, assesses the European Commission of (EC) Communication of 29 November 2017 on the EU approach to Standard Essential Patents. The report examines the principles identified in the Communication with respect to the Commission’s proposals on (i) increasing transparency on SEPs; (ii) determining valuation of SEPs( Standard Essential Patents ...

This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, assesses the European Commission of (EC) Communication of 29 November 2017 on the EU approach to Standard Essential Patents. The report examines the principles identified in the Communication with respect to the Commission’s proposals on (i) increasing transparency on SEPs; (ii) determining valuation of SEPs( Standard Essential Patents) and FRAND ( Fair, Reasonable, and Non-Discriminatory) terms; and (iii) enforcement. The report evaluates the efficient resolution of licensing disputes over FRAND, including via litigation, arbitration and mediation, licensing pools and collective licensing. The current document also puts forward some policy recommendations to, inter alia, enhance the general environment of FRAND licencing in the context of SEPs.

Externe Autor

Dr Luke MCDONAGH Dr Enrico BONADIO

Corporate taxation of a significant digital presence

07-12-2018

Despite achieving unprecedented growth and profit rates, the digital economy seems to be relatively undertaxed when compared to more traditional 'bricks and mortar' companies. The current rules are based on the physical presence of taxpayers and assets, and there is a general understanding that they are not suited to taxing a digital economy characterised by reliance on intangible assets and ubiquitous services whose location is often hard to determine. International bodies are currently working ...

Despite achieving unprecedented growth and profit rates, the digital economy seems to be relatively undertaxed when compared to more traditional 'bricks and mortar' companies. The current rules are based on the physical presence of taxpayers and assets, and there is a general understanding that they are not suited to taxing a digital economy characterised by reliance on intangible assets and ubiquitous services whose location is often hard to determine. International bodies are currently working on how to adapt tax rules to the digital reality. The European Commission adopted a proposal in March 2018. It would allow taxation on the basis of digital rather than physical presence linked with the EU, for digital activities generating turnover of over €7 million, and with more than 100 000 users or 3 000 business-to-business contracts annually. The proposal has met with mixed reactions from stakeholders. Although there is growing recognition that digital companies should pay similar tax rates to traditional companies, some consider the initiative to be premature given the ongoing search for a compromise at the level of the Organisation for Economic Co-operation and Development (OECD), which is thought of as the permanent solution. The report by Parliament’s Committee on Economic and Monetary Affairs (ECON) proposes to widen the scope and reach of the tax, and increase clarity for tax authorities and companies. The plenary vote on the report is expected during the December session. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Interim digital services tax on revenues from certain digital services

07-12-2018

According to the European Commission the digital economy is relatively under-taxed when compared with traditional businesses. Certain inherent characteristics such as reliance on cross-border provision of services without physical presence, easy transfers of intangible assets, and novel ways to create value make it particularly easy for enterprises to limit their tax liabilities. In order to provide a solution to this problem, in March 2018 the Commission adopted the 'fair taxation of the digital ...

According to the European Commission the digital economy is relatively under-taxed when compared with traditional businesses. Certain inherent characteristics such as reliance on cross-border provision of services without physical presence, easy transfers of intangible assets, and novel ways to create value make it particularly easy for enterprises to limit their tax liabilities. In order to provide a solution to this problem, in March 2018 the Commission adopted the 'fair taxation of the digital economy' package, comprised of two proposals. One concerns a permanent reform of corporate tax regime while the second is a proposal for a directive on the common system of a digital services tax on revenues resulting from the provision of certain digital services, which would apply as an interim measure until the permanent reform has been implemented. The tax is to cover businesses above two thresholds: total annual worldwide revenues exceeding €750 million and annual revenues in the EU exceeding €50 million. The proposed single rate is at 3 %, levied on gross revenues resulting from the provision of certain digital services where user value creation is essential. Parliament’s Committee on Economic and Monetary Affairs (ECON) adopted a report proposing to widen the scope and reach of the tax. The plenary vote is expected during the December session. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Prospects for EU-Asia connectivity - The 'European way to connectivity'

12-10-2018

Asia matters to Europe: home to the world's largest population and fastest-growing economies, Asia is a major trade partner of the EU. Recognising this, the EU has promoted the Asia-Europe Meeting (ASEM), established strategic partnerships with four Asian countries, intensified cooperation with the Association of South-East Asia Nations (ASEAN), and negotiated or concluded free trade agreements with several Asian countries. As an implementation of its 2016 Global Strategy, the EU has carried out ...

Asia matters to Europe: home to the world's largest population and fastest-growing economies, Asia is a major trade partner of the EU. Recognising this, the EU has promoted the Asia-Europe Meeting (ASEM), established strategic partnerships with four Asian countries, intensified cooperation with the Association of South-East Asia Nations (ASEAN), and negotiated or concluded free trade agreements with several Asian countries. As an implementation of its 2016 Global Strategy, the EU has carried out a mapping exercise on Euro-Asian connectivity, followed by the adoption of a joint communication on 'Connecting Europe and Asia – Building blocks for an EU strategy' on 19 September 2018. The strategy proposes that the EU engage with its Asian partners through a sustainable, comprehensive and rules-based approach to connectivity, exploiting existing and planned EU networks. It acknowledges a significant investment gap in connectivity and recognises the need to mobilise and strengthen cooperation with private investors, national and international institutions, and multilateral development banks. The strategy is part of the EU's contribution to the ASEM12 Summit, which is to take place in Brussels on 18-19 October 2018. Presented by Vice President/High Representative, Federica Mogherini, as the 'European way to connectivity', the strategy was immediately perceived as the EU response to China's Belt and Road Initiative (BRI). This initiative is currently raising concerns in the EU and in several participating countries, some of which are worried about possible 'debt traps'.

Launching the Digital Europe Programme

08-10-2018

Despite its strong position in science, research and innovation, Europe lags behind when it comes to deploying digital capacities and taking up advanced digital technologies. That's why the European Commission proposed a new programme - the Digital Europe Programme - to support the deployment and optimal use of the digital capacities that underpin innovation in areas of public interest and business. This briefing provides you with an appraisal of the quality of the impact assessment, which accompanies ...

Despite its strong position in science, research and innovation, Europe lags behind when it comes to deploying digital capacities and taking up advanced digital technologies. That's why the European Commission proposed a new programme - the Digital Europe Programme - to support the deployment and optimal use of the digital capacities that underpin innovation in areas of public interest and business. This briefing provides you with an appraisal of the quality of the impact assessment, which accompanies the Commission's proposal.

Free flow of non-personal data in the European Union

26-09-2018

One of the 16 key elements of the Commission’s digital single market strategy, presented in 2015, was a legislative proposal to facilitate the free flow of non-personal data. Although this proposal was not made during 2016, whilst the Commission gathered more supporting evidence, the mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas for action in the second half of the strategy’s implementation. The European data economy could ...

One of the 16 key elements of the Commission’s digital single market strategy, presented in 2015, was a legislative proposal to facilitate the free flow of non-personal data. Although this proposal was not made during 2016, whilst the Commission gathered more supporting evidence, the mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas for action in the second half of the strategy’s implementation. The European data economy could grow 18-fold, with favourable policy and legislative conditions in place, representing 4 % of EU GDP by 2020. On 13 September 2017, the Commission tabled a proposal for a regulation aimed at removing obstacles to the free movement of non-personal data across borders. It focuses on removing the geographical restrictions on data storage in the internal market, a move long demanded by stakeholders. In addition, the Commission proposes self-regulation to facilitate switching cloud-service-providers for professional users. Other, less widely agreed aspects, such as access rights and liability are left for future proposals. Within the European Parliament the IMCO committee adopted its report on 4 June along with a mandate to enter into interinstitutional negotiations with the Council. On 19 June a political agreement was reached in trilogue. Parliament is due to vote on this text, in plenary in October 2018. 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.

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