492

result(s)

Word(s)
Publication type
Author
Keyword
Date

Combined transport directive review: Getting more goods off EU roads

21-06-2018

The European Union's efforts to reduce the negative impacts of transport include promoting a shift from road freight transport to lower-emission transport modes. This also includes combined transport operations, which consist of at least one road leg for initial or final haulage and one non road leg on rail or water. The 1992 Combined Transport Directive set out measures that were meant to increase the competitiveness of combined transport against road-only transport. In 2017, 25 years after the ...

The European Union's efforts to reduce the negative impacts of transport include promoting a shift from road freight transport to lower-emission transport modes. This also includes combined transport operations, which consist of at least one road leg for initial or final haulage and one non road leg on rail or water. The 1992 Combined Transport Directive set out measures that were meant to increase the competitiveness of combined transport against road-only transport. In 2017, 25 years after the directive entered into force, the Commission conducted a legislative review and proposed to simplify the existing rules and make combined transport more attractive by means of economic incentives. The initiative is part of the 'mobility package', a set of legislative proposals presented by the Commission to make EU transport safer, greener and more modern. In the European Parliament, the TRAN committee is due to vote on its report in July, while the Council has found solutions to several issues, and published a progress report on 18 May 2018. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Revising the European Citizens' Initiative

18-06-2018

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. On 9 March 2018, the Parliament’s Committee on Constitutional Affairs (AFCO) published its draft report on the Commission proposal for revision of the European Citizens’ Initiative (ECI). The AFCO committee is expected to vote on the report on 20 June Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Law applicable to the third-party effects of assignments of claims

18-06-2018

The assignment of a claim refers to a situation where a creditor transfers the right to claim a debt to another person. This system is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The new rules proposed by the Commission clarify which law is applicable for the resolution of such disputes: as a general rule, the law of the country ...

The assignment of a claim refers to a situation where a creditor transfers the right to claim a debt to another person. This system is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The new rules proposed by the Commission clarify which law is applicable for the resolution of such disputes: as a general rule, the law of the country where assignors have their habitual residence applies, regardless of which Member State's courts or authorities examine the case. This proposal will promote cross-border investment and access to cheaper credit, and prevent systemic risks.

Modernisation of EU consumer protection rules: A new deal for consumers

18-06-2018

On 11 April 2018, the European Commission published a proposal for a directive on better enforcement and modernisation of EU consumer protection, as part of its 'new deal for consumers' package of measures. The proposal comes after a fitness check of consumer legislation and an evaluation of the Consumer Rights Directive showed that the EU consumer legislation is fit for purpose, but could benefit from certain aspects being clarified and brought into line with the reality of the digital economy. ...

On 11 April 2018, the European Commission published a proposal for a directive on better enforcement and modernisation of EU consumer protection, as part of its 'new deal for consumers' package of measures. The proposal comes after a fitness check of consumer legislation and an evaluation of the Consumer Rights Directive showed that the EU consumer legislation is fit for purpose, but could benefit from certain aspects being clarified and brought into line with the reality of the digital economy. The proposal focuses on various consumer issues, including penalties for infringements, transparency on online marketplaces, protection for consumers of 'free' digital services and dual quality of products. It would amend the Unfair Commercial Practices Directive, the Consumer Rights Directive, the Unfair Contract Terms Directive and the Price Indication Directive. The proposal is in now under consideration in the European Parliament and the Council of the EU.

Common corporate tax base (CCTB)

15-06-2018

The European Commission has decided to re-launch the common consolidated corporate tax base (CCCTB) project in a two-step approach, with the publication on 25 October 2016 of two new interconnected proposals on a common corporate tax base (CCTB) and a common consolidated corporate tax base (CCCTB). The 2016 CCTB provides for the determination of a single set of rules for calculation of the corporate tax base. Companies operating across borders in the EU would no longer have to deal with 28 different ...

The European Commission has decided to re-launch the common consolidated corporate tax base (CCCTB) project in a two-step approach, with the publication on 25 October 2016 of two new interconnected proposals on a common corporate tax base (CCTB) and a common consolidated corporate tax base (CCCTB). The 2016 CCTB provides for the determination of a single set of rules for calculation of the corporate tax base. Companies operating across borders in the EU would no longer have to deal with 28 different sets of national rules when calculating their taxable profits. The intention is that the proposed CCTB is a step on the way towards re-establishing the link between taxation and the place where profits are made, via an apportionment formula to be introduced through the new CCCTB proposal. The legislative proposal falls under the consultation procedure. In the European Parliament, it was assigned to the Economic and Monetary Affairs Committee. The committee adopted its report on 21 February 2018. Parliament adopted its opinion in plenary on 15 March 2018. The proposal is now in the hands of the Council. Third edition, based on an original briefing by Gustaf Gimdal. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Common consolidated corporate tax base (CCCTB)

15-06-2018

The European Commission has decided to re-launch the common consolidated corporate tax base (CCCTB) project in a two-step approach, with the publication on 25 October 2016 of two new interconnected proposals: on a common corporate tax base (CCTB), and on a common consolidated corporate tax base (CCCTB). Building on the 2016 CCTB proposal, the 2016 CCCTB proposal introduces the consolidation aspect of this double initiative. Companies operating across borders in the EU would no longer have to deal ...

The European Commission has decided to re-launch the common consolidated corporate tax base (CCCTB) project in a two-step approach, with the publication on 25 October 2016 of two new interconnected proposals: on a common corporate tax base (CCTB), and on a common consolidated corporate tax base (CCCTB). Building on the 2016 CCTB proposal, the 2016 CCCTB proposal introduces the consolidation aspect of this double initiative. Companies operating across borders in the EU would no longer have to deal with 28 different sets of national rules when calculating their taxable profits. Consolidation means that there would be a ‘one-stop-shop’ – the principal tax authority – where one of the companies of a group, that is, the principal taxpayer, would file a tax return. To distribute the tax base among Member States concerned, a formulary apportionment system is introduced. The legislative proposal falls under the consultation procedure. The report was adopted in the ECON committee on 21 February and Parliament’s opinion in plenary on 15 March 2018. the proposal is thus now in the hands of the Council. Third edition, based on an original briefing by Gustaf Gimdal. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

The Audiovisual Media Services Directive

14-06-2018

On 6 June 2018, European Parliament negotiators and the Bulgarian Presidency of the Council agreed on an updated EU Audiovisual Media Services Directive, based on the proposal presented by the Commission on 25 May 2016. The overarching goal of the proposal is to bring about a balance between competitiveness and consumer protection. It therefore aims to introduce flexibility when restrictions only applicable to TV are no longer justified, promote European films, protect minors and tackle hate speech ...

On 6 June 2018, European Parliament negotiators and the Bulgarian Presidency of the Council agreed on an updated EU Audiovisual Media Services Directive, based on the proposal presented by the Commission on 25 May 2016. The overarching goal of the proposal is to bring about a balance between competitiveness and consumer protection. It therefore aims to introduce flexibility when restrictions only applicable to TV are no longer justified, promote European films, protect minors and tackle hate speech more efficiently. The proposal also reflects a new approach to online platforms. Following the informal agreement, the text is expected to be put to the vote in plenary in autumn 2018. Fifth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Multiannual plan for demersal fisheries in the western Mediterranean

13-06-2018

On 8 March 2018, the European Commission proposed a multiannual plan for the western Mediterranean fisheries exploiting several stocks of fish and crustaceans living close to the sea bottom (i.e. 'demersal fisheries'). Most of these stocks have long been overfished and are now in an alarming state. The proposed plan aims to reverse this trend and ensure that fishing activities are environmentally sustainable and capable of securing economic and social benefits. The plan concerns fishing fleets from ...

On 8 March 2018, the European Commission proposed a multiannual plan for the western Mediterranean fisheries exploiting several stocks of fish and crustaceans living close to the sea bottom (i.e. 'demersal fisheries'). Most of these stocks have long been overfished and are now in an alarming state. The proposed plan aims to reverse this trend and ensure that fishing activities are environmentally sustainable and capable of securing economic and social benefits. The plan concerns fishing fleets from Italy, Spain and France, totalling almost 10 900 vessels. The proposal would introduce a fishing-effort regime for all trawlers operating in the region, and reduce fishing activities in the first year of application, in line with the scientific advice. In addition, it would restrict trawlers from operating in waters shallower than 100 m for three months each year, to reserve the coastal zone for more selective fishing gear. The plan would also establish regional cooperation among the Member States concerned, with a view to developing provisions on the obligation to land all catches and on the conservation of resources through technical measures. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Goods vehicles hired without drivers

11-06-2018

EU rules on the use of goods vehicles hired without drivers have been in operation for over 25 years without change and need to be reviewed to correspond to current and future needs in the transport sector. As part of the 2017 road transport mobility package, the European Commission proposed to soften the existing restrictions on using hired vehicles in international transport and establish a uniform regulatory framework, which would give transport operators across the EU equal access to the market ...

EU rules on the use of goods vehicles hired without drivers have been in operation for over 25 years without change and need to be reviewed to correspond to current and future needs in the transport sector. As part of the 2017 road transport mobility package, the European Commission proposed to soften the existing restrictions on using hired vehicles in international transport and establish a uniform regulatory framework, which would give transport operators across the EU equal access to the market for hired goods vehicles. The Council, concerned with the possible erosion of tax revenues from vehicle registration and enforcement issues, could not endorse a general approach under a recent proposal made by the Bulgarian Presidency. The Parliament’s Committee on Transport and Tourism voted its report, but the mandate to start trilogues is due to be voted during the June plenary. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Proportionality test for new national regulations for professions

08-06-2018

In the EU, professions are regulated at either Union or Member State level. In the latter case, qualification requirements can differ widely between Member States, due to their respective historical development and experience. This can lead to a lack of clarity on the criteria used, and result in fragmentation of the single market. The proposed directive on a proportionality test before adoption of new regulation of professions, tabled by the European Commission, intends to harmonise the way in which ...

In the EU, professions are regulated at either Union or Member State level. In the latter case, qualification requirements can differ widely between Member States, due to their respective historical development and experience. This can lead to a lack of clarity on the criteria used, and result in fragmentation of the single market. The proposed directive on a proportionality test before adoption of new regulation of professions, tabled by the European Commission, intends to harmonise the way in which proportionality tests are carried out before Member States introduce new regulation on professions. The directive will supplement provisions of Directive 2005/36/EC on the recognition of professional qualifications, last amended by Directive 2013/55/EU. The European Parliament proposes a specific status for healthcare services, and explicitly addresses gold-plating practices (unnecessary national requirements). With a text agreed between Parliament and Council in trilogue in March, Parliament is due to vote on whether to confirm this text in June. Second 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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