368

result(s)

Word(s)
Publication type
Author
Keyword
Date

Legal Implications of Brexit: Customs Union, Internal Market Acquis for Goods and Services, Consumer Protection Law, Public Procurement

09-08-2017

This in-depth analysis addresses the implications of several scenarios of the UK withdrawing from the EU in relation to the EU Customs Union, the Internal Market law for Goods and Services, and on Consumer Protection law, identifying the main cross-cutting challenges that have to be addressed irrespective of the policy choices that will be made in due course. The analysis takes the fully-fledged EU membership as a point of departure and compares this baseline scenario to a membership of the UK in ...

This in-depth analysis addresses the implications of several scenarios of the UK withdrawing from the EU in relation to the EU Customs Union, the Internal Market law for Goods and Services, and on Consumer Protection law, identifying the main cross-cutting challenges that have to be addressed irrespective of the policy choices that will be made in due course. The analysis takes the fully-fledged EU membership as a point of departure and compares this baseline scenario to a membership of the UK in the European Economic Area (EEA), the application of tailor-made arrangements, as well as the fall-back scenario, in which the mutual relationship is governed by WTO law. Following an analysis of the EU legal framework defining the withdrawal of a Member State from the EU the study develops an analytical framework that allows for the identification of the legal impact of different Brexit scenarios on policy fields falling within the ambit of the IMCO Committee. In this context, the general impact of the EEA model, the tailor-made model and the WTO model on key pieces of the currently existing acquis communautaire in these policy areas are highlighted.

External author

Fabian AMTENBRINK, Menelaos MARKAKIS and René REPASI Erasmus School of Law, Erasmus University Rotterdam / European Research Centre for Economic and Financial Governance (EURO-CEFG) Erasmus University Rotterdam

Online and other distance sales of goods

14-07-2017

This study was requested by the European Parliament’s Committee for Internal Market and Consumer Protection as part of the Parliament’s general commitment to improving the quality of EU legislation, and in particular in undertaking to carry out impact assessments of its own substantial amendments when it considers it appropriate and necessary for the legislative process. The aim of this ex-ante impact assessment is to evaluate two substantial amendments being proposed to the Commission proposal for ...

This study was requested by the European Parliament’s Committee for Internal Market and Consumer Protection as part of the Parliament’s general commitment to improving the quality of EU legislation, and in particular in undertaking to carry out impact assessments of its own substantial amendments when it considers it appropriate and necessary for the legislative process. The aim of this ex-ante impact assessment is to evaluate two substantial amendments being proposed to the Commission proposal for a directive on certain aspects concerning contracts for the online and other distance sales of goods. The amendments would extend the scope of the proposed directive to any sale contract concluded between the consumer and the seller, and would repeal the Consumer Sales Directive. The findings of the study indicate that the harmonisation of rules across Member States and sales channels would reduce the fragmentation of the legal framework and enhance the clarity and transparency of applicable rules to the benefit of both consumers and businesses. Most importantly, one single regime for online and face-to-face transactions could contribute to increased consumers’ and traders’ awareness and confidence in purchasing/selling online and offline, domestically and across borders. There would be a general increase in consumer protection throughout the EU, with the exception of some Member States where consumers’ rights would be weakened. This could, however, translate into increased costs for businesses in relation to remedies provided to consumers. The importance of having a single regime for online and offline sales has been strongly supported by all stakeholders consulted for this study. Nonetheless, consumer and business organisations have different views with regard to the aspects of consumer protection under examination. Finding a balance between the interests of consumers and businesses remains, thus, crucial.

Liability in Subcontracting Chains: National Rules and the Need for a European Framework

10-07-2017

This study was commissioned upon request by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs, upon request of the Committee on Legal Affairs. It provides a comprehensive update on recent developments on a European and national level concerning liability in subcontracting chains and the protection of workers involved in subcontracting chains. A strong focus lies on the existing European legal framework and recent developments in that regard. By assessing ...

This study was commissioned upon request by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs, upon request of the Committee on Legal Affairs. It provides a comprehensive update on recent developments on a European and national level concerning liability in subcontracting chains and the protection of workers involved in subcontracting chains. A strong focus lies on the existing European legal framework and recent developments in that regard. By assessing the country reports and the findings on a European level, the study closes with “Policy Recommendations” and answers the question from its authors view, if the European Legislator should adopt (further) legislation.

External author

Alexander Heinen; Dr. Axel Müller; Bernd Kessler

Wholesale roaming regulation: A precondition for 'roam like at home'

03-07-2017

In 2015 the Council and European Parliament agreed in Regulation 2015/2120 that on 15 June 2017 roaming charges for mobile phone use would be abolished in the EU. After that date, 'roam like at home' (RLAH) would become a reality for all Europeans. The regulation did not, however, address the wholesale roaming market, on account of the need to investigate market conditions in more depth. A review for the European Commission concluded that national wholesale roaming markets are not working well and ...

In 2015 the Council and European Parliament agreed in Regulation 2015/2120 that on 15 June 2017 roaming charges for mobile phone use would be abolished in the EU. After that date, 'roam like at home' (RLAH) would become a reality for all Europeans. The regulation did not, however, address the wholesale roaming market, on account of the need to investigate market conditions in more depth. A review for the European Commission concluded that national wholesale roaming markets are not working well and need regulatory intervention. It therefore proposed a regulation establishing the maximum level of wholesale roaming charges that telecoms operators can charge each other for calls, text messages and data, to take effect from 15 June 2017. An agreement was reached in trilogue that lowers significantly the wholesale data caps originally proposed, to take into account the falling unit price of data over time. As a result, since 15 June 2017 retail roaming charges have disappeared in the EU and EEA/EFTA countries This means that RLAH is now the reality in the EU. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view earlier editions of this briefing, please see: PE 599.290, 22 February 2017.

Body of European Regulators for Electronic Communications (BEREC)

23-06-2017

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC) as part of its wider telecoms package. The new proposal aims at transforming BEREC into a single fully fledged agency. The Commission proposes allocating new tasks to BEREC and granting it legally binding powers. New tasks include providing guidelines for national regulatory authorities (NRAs) on geographical surveys, developing common approaches to ...

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC) as part of its wider telecoms package. The new proposal aims at transforming BEREC into a single fully fledged agency. The Commission proposes allocating new tasks to BEREC and granting it legally binding powers. New tasks include providing guidelines for national regulatory authorities (NRAs) on geographical surveys, developing common approaches to meet end-user interests, but also developing common approaches to deliver peer-reviewed opinions on draft national measures (e.g. radio spectrum assignments) and on cross-border disputes. Stakeholders have been divided over the Commission’s review as regards the effectiveness and powers of BEREC. While the role of NRAs is widely acknowledged, some stakeholders stressed that the institutional set-up at EU and BEREC levels should be adjusted (e.g. a clearer division of powers, accountability issues, transparency in decision-making). 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.

Motor vehicles: new approval and market surveillance rules

21-06-2017

The automotive industry is a major player in the European economy, accounting for 6.4% of gross domestic product and 2.3 million jobs in the European Union (EU). However, it has been facing difficulties as a result of the economic crisis. In September 2015, the Volkswagen (VW) case highlighted weaknesses in the implementation of type-approval rules for motor vehicles in the European Union, in particular as regards standards on emissions of air pollutants and carbon dioxide. In 2016, as part of preparations ...

The automotive industry is a major player in the European economy, accounting for 6.4% of gross domestic product and 2.3 million jobs in the European Union (EU). However, it has been facing difficulties as a result of the economic crisis. In September 2015, the Volkswagen (VW) case highlighted weaknesses in the implementation of type-approval rules for motor vehicles in the European Union, in particular as regards standards on emissions of air pollutants and carbon dioxide. In 2016, as part of preparations from previous years but also in response to the VW case, the European Commission proposed strengthening the type-approval system for motor vehicles. Its goal is to ensure effective enforcement of rules (including through market surveillance), to strengthen the quality and independence of technical tests and to introduce EU oversight on the type-approval process. Fifth edition. Please note this document has been designed for on-line viewing.

Dual quality of branded food products: Addressing a possible east-west divide

20-06-2017

Recent tests on branded food in three 'new' EU Member States have shown that the taste and composition of these products, sold under the same name and in the same packaging, sometimes differ from the 'same' products sold in neighbouring 'old' Member States. While the ingredients were generally properly labelled and the products were considered safe for consumption, some of those in 'new' Member States were considered to be of inferior quality and less healthy, and were also more expensive. Similar ...

Recent tests on branded food in three 'new' EU Member States have shown that the taste and composition of these products, sold under the same name and in the same packaging, sometimes differ from the 'same' products sold in neighbouring 'old' Member States. While the ingredients were generally properly labelled and the products were considered safe for consumption, some of those in 'new' Member States were considered to be of inferior quality and less healthy, and were also more expensive. Similar claims have previously been made concerning cosmetics and laundry detergents. Companies are known to change the composition of their branded products to adjust to local taste, local ingredients, divergent purchasing power, etc. EU legislation does not consider this to be misleading, as long as the products are safe, properly labelled and not falsely advertised as being identical to those sold in another Member State. At the same time, trademark law, while protecting the right of the trademark owner to communicate the origin and quality of products by using a mark, does not offer the consumer a legally enforceable guarantee. In 2013 the European Parliament asked the Commission to look into the matter, and in 2017 a group of MEPs issued a major interpellation asking the Commission to make proposals to amend EU legislation in connection with the 'dual quality' of products. The Commission has so far been reluctant to take this path, preferring to address the issue in the High-Level Forum for a better functioning food supply chain.

The Consequences of Brexit for the Customs Union and the Internal Market Acquis for Goods

15-06-2017

• The consequences of Brexit depend on the model which will be adopted for the future relationship between the EU and the UK. These models should be compared with a respect to a number of different parameters, which are not confined to substantive trade rules but include also questions of legal effect and dispute settlement. • There are very substantial differences between, on the one hand, the EU Membership and EEA models; and on the other the WTO/FTA models. Those differences are focused on the ...

• The consequences of Brexit depend on the model which will be adopted for the future relationship between the EU and the UK. These models should be compared with a respect to a number of different parameters, which are not confined to substantive trade rules but include also questions of legal effect and dispute settlement. • There are very substantial differences between, on the one hand, the EU Membership and EEA models; and on the other the WTO/FTA models. Those differences are focused on the approach to regulatory convergence and to the legal effects of the agreements and their enforcement.

External author

Prof. Dr Piet Eeckhout

The consequences of Brexit on Services and Establishment. Different Scenarios for Exit and Future Cooperation

15-06-2017

This paper addresses the challenges Brexit will pose to the future of trade in services between the EU and the UK. It discusses the specific barriers to cross-border establishment and trade in services and possible solutions for a future EU-UK trade agreement. Hereby, it takes existing EU Free Trade Agreements with other states into consideration. This research paper has been commissioned by Policy Department at the request of the Internal Market and Consumer Protection Committee.

This paper addresses the challenges Brexit will pose to the future of trade in services between the EU and the UK. It discusses the specific barriers to cross-border establishment and trade in services and possible solutions for a future EU-UK trade agreement. Hereby, it takes existing EU Free Trade Agreements with other states into consideration. This research paper has been commissioned by Policy Department at the request of the Internal Market and Consumer Protection Committee.

External author

Prof. Dr Friedemann Kainer

The Role and Powers of the European Parliament in the Brexit Process

15-06-2017

This document explores the role and powers of the European Parliament in the Brexit process. It describes the challenges and relevant steps and stages of the process and higlights the significance of agreement(s) to be concluded between the EU and the UK. On that basis, the Parliament’s mandate and powers in substantial terms as well as its involvement in the procedure are outlined. Some options are highlighted to enable the Parliament to adequately fulfil its mandate and play its role in the process ...

This document explores the role and powers of the European Parliament in the Brexit process. It describes the challenges and relevant steps and stages of the process and higlights the significance of agreement(s) to be concluded between the EU and the UK. On that basis, the Parliament’s mandate and powers in substantial terms as well as its involvement in the procedure are outlined. Some options are highlighted to enable the Parliament to adequately fulfil its mandate and play its role in the process. The document was provided by Policy Department A at the request of the European Parliament ́s Committee on the Internal Market and Consumer Protection.

External author

Prof. Dr Peter-Tobias STOLL, Institute for International Law and European Law, Faculty of Law, University of Göttingen

Upcoming events

04-09-2017
Implementation of the Common Provisions (Reg. EU 1303/2013)
Workshop -
CONT
04-09-2017
Antimicrobial Resistance
Workshop -
ENVI
09-10-2017
Constituent meeting of the Joint Parliamentary Scrutiny Group (JPSG) on Europol
Other event -
LIBE

Partners

Stay connected

email update imageEmail updates system

You can follow anyone or anything linked to the Parliament using the email updates system, which sends updates directly to your mailbox. This includes the latest news about MEPs, committees, the news services or the Think Tank.

You can access the system from any page on the Parliament website. To sign up and receive notifications on Think Tank, simply submit your email address, select the subject you are interested in, indicate how often you want to be informed (daily, weekly or monthly) and confirm the registration by clicking on the link that will be emailed to you.

RSS imageRSS feeds

Follow all news and updates from the European Parliament website by making use of our RSS feed.

Please click on the link below to configure your RSS feed.

widget imageRSS widgets

Please click on the button below to add a widget covering publications available via the Think Tank to your website.

Create a RSS widget