377

result(s)

Word(s)
Publication type
Author
Keyword
Date

Contracts for supply of digital content

09-10-2017

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. The Council agreed on a general approach on the proposal on 8 June 2017. This seeks to clarify the relationship between the proposed contract law rules and the personal data protection regime – an issue which has been hotly debated. Furthermore, it strengthens the position of consumers with ...

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. The Council agreed on a general approach on the proposal on 8 June 2017. This seeks to clarify the relationship between the proposed contract law rules and the personal data protection regime – an issue which has been hotly debated. Furthermore, it strengthens the position of consumers with regard to conformity and remedies. As for the Parliament, a draft report was published in November 2016 by the two co-rapporteurs, who proposed to expand the directive's scope to include digital content supplied against data that consumers provide passively, while also strengthening the position of consumers as regards criteria of conformity. Objective criteria would become the default rule, with a possibility to depart from them only if the consumer's attention were explicitly drawn to the shortcomings of the digital content. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous editions of this briefing, please see: PE 599.310 (March 2017).

Consumer Protection Cooperation

03-10-2017

The Commission estimates that the detriment to consumers caused by non-compliance with basic EU consumer rules in certain cross-border online markets and also by inefficient cross-border enforcement amounts to €770 million per year. To remedy this, the Commission has presented a legislative proposal to review the existing rules on consumer protection cooperation between enforcement authorities as part of its e-commerce package in May 2016. The aim is to clarify the rules and to give more powers to ...

The Commission estimates that the detriment to consumers caused by non-compliance with basic EU consumer rules in certain cross-border online markets and also by inefficient cross-border enforcement amounts to €770 million per year. To remedy this, the Commission has presented a legislative proposal to review the existing rules on consumer protection cooperation between enforcement authorities as part of its e-commerce package in May 2016. The aim is to clarify the rules and to give more powers to national enforcement authorities, most importantly to enable them to address unlawful online practices and improve coordination among them. Stakeholders have, in general, welcomed the move to improve cooperation between enforcement authorities and the European Economic and Social Committee in its opinion of 19 October 2016 supported the proposal. The Maltese Council Presidency reached a general approach in February 2017, while the Parliament’s IMCO committee adopted its report in March 2017 and also gave its negotiating team a mandate to negotiate with the Council. Fourth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Completing the Digital Single Market for European Consumers and Citizens: Tackling Geo-blocking in the EU - 10th Meeting of the IMCO Working Group on the Digital Single Market

20-09-2017

This report summarizes the discussion during the 10th Meeting of the IMCO Working Group on the Digital Single Market. It summarizes the exchange of views between MEPs, independent academic experts and the European Commission on the topic of geo-blocking in the Digital Single Market. The proceedings were prepared by Policy Department A for the Internal Market and Consumer Protection Committee.

This report summarizes the discussion during the 10th Meeting of the IMCO Working Group on the Digital Single Market. It summarizes the exchange of views between MEPs, independent academic experts and the European Commission on the topic of geo-blocking in the Digital Single Market. The proceedings were prepared by Policy Department A for the Internal Market and Consumer Protection Committee.

External author

Ms. Chloe Grondin

Economic effects of reform in professional services

15-09-2017

This briefing is based on: World Bank Regular Economic Report; van der Marel, E., J. Kren and M. Iootty (2016) "Services in the European Union: What Kinds of Regulatory Policies Enhance Productivity?", World Bank Policy Research Paper Series, No. 7919: http://bit.ly/2dtb45p; van der Marel, E. (2017) “Reforming Services: What Policies Warrant Attention?”, ECIPE Five Freedoms Policy Brief, No. 1/2017: http://bit.ly/2uhzI3W. It was prepared by Policy Department A for the Internal Market and Consumer ...

This briefing is based on: World Bank Regular Economic Report; van der Marel, E., J. Kren and M. Iootty (2016) "Services in the European Union: What Kinds of Regulatory Policies Enhance Productivity?", World Bank Policy Research Paper Series, No. 7919: http://bit.ly/2dtb45p; van der Marel, E. (2017) “Reforming Services: What Policies Warrant Attention?”, ECIPE Five Freedoms Policy Brief, No. 1/2017: http://bit.ly/2uhzI3W. It was prepared by Policy Department A for the Internal Market and Consumer Protection Committee.

External author

Dr Erik Van Der Marel

Smart Single Market regulation in the area of professional services

15-09-2017

• In the Communication on reform recommendations [COM(2017)8290 final], the European Commission has shown how the regulation of professional services is a significant policy issue for the Single Market. It also underlines the relevance of policy action in this area in the wider context of European labour markets and EU strategies and policies. • The policy objectives for the reform recommendations need to be articulated more clearly. This includes being clear that Member States need to balance the ...

• In the Communication on reform recommendations [COM(2017)8290 final], the European Commission has shown how the regulation of professional services is a significant policy issue for the Single Market. It also underlines the relevance of policy action in this area in the wider context of European labour markets and EU strategies and policies. • The policy objectives for the reform recommendations need to be articulated more clearly. This includes being clear that Member States need to balance the costs and benefits of regulatory reform. The reform process is not just about reducing the cost of regulation, it also recognises the benefits of regulation and seeks to encourage better regulation. • Experiences during the mutual evaluation suggest strongly that Member States need guidance from the Commission on how to undertake the process of balancing costs and benefits as they implement the reform recommendations. The European Commission needs to review why Member States faced problems with this process and apply lessons learnt in order to assist Member States with the implementation of the reform recommendations. • When legislating the European Parliament should ensure that the European Commission has the following tasks: publication of detailed monitoring and evaluation plans; annual repetition of the EU Survey of Regulated Occupations; and the creation of a central repository for sharing evidence and data. • When legislating, the European Parliament should ensure that Member States are recommended to follow the guidelines on regulation of professional services issued by the European Commission and to cooperate with each other and with the European Commission in the development and sharing of evidence.

External author

Sion Jones

The new Restrictiveness Indicator for Professional Services: an assessment

15-09-2017

This document was prepared by Policy Department A: Economic and Scientific Policy, at the request of the Committee for the Internal Market and Consumer Affairs. After setting out the background of recent EU initiatives in the realm of services, in particular professional services, it explains in considerable detail the new Restrictiveness Indicator for Professional Services developed by the European Commission, followed by a careful assessment based on seven queries. It shows that, technically, this ...

This document was prepared by Policy Department A: Economic and Scientific Policy, at the request of the Committee for the Internal Market and Consumer Affairs. After setting out the background of recent EU initiatives in the realm of services, in particular professional services, it explains in considerable detail the new Restrictiveness Indicator for Professional Services developed by the European Commission, followed by a careful assessment based on seven queries. It shows that, technically, this indicator is an improvement over similar work done by the OECD but that the empirical results are not radically different from those of the OECD in four such professions. The study cautions that the use of the new indicator has to be combined with assessments of proportionality, and that more attention should be paid to barriers to free movement.

External author

Prof. Dr Jacques Pelkmans

Online Platforms: How to Adapt Regulatory Framework to the Digital Age?

08-09-2017

• Platforms, understood as a method of organising digital markets that allows two groups of users (suppliers and customers) to meet, are one of the pillars of the digital market. They facilitate its development, providing adequate solutions to the needs of the sharing, collaborative, data, and P2P economies. • Platforms that often operate as marketplaces have a triangle structure where users must first conclude a contract with the platform to be subsequently able to conclude contracts between themselves ...

• Platforms, understood as a method of organising digital markets that allows two groups of users (suppliers and customers) to meet, are one of the pillars of the digital market. They facilitate its development, providing adequate solutions to the needs of the sharing, collaborative, data, and P2P economies. • Platforms that often operate as marketplaces have a triangle structure where users must first conclude a contract with the platform to be subsequently able to conclude contracts between themselves. The status of platform user is very often difficult to define, as platforms allow a rapid development of the pursued activities, which pushes the users outside the realm of consumer. These two characteristics make platforms difficult to fit with the EU market and consumer regulations.

External author

Dr. Aneta Wiewiórowska-Domagalskat

CE marked fertilising products

05-09-2017

Fertilising products are used to improve plant growth, mainly in agriculture, enabling higher crop yields. However, they are associated with some challenges as regards security of supply, the environment and health. Although the 2003 Fertilisers Regulation, which aimed at ensuring an internal market in fertilisers, has been effective, it mainly addresses mineral fertilisers and deters the introduction of new types of fertilisers. In March 2016, the Commission put forward a legislative proposal on ...

Fertilising products are used to improve plant growth, mainly in agriculture, enabling higher crop yields. However, they are associated with some challenges as regards security of supply, the environment and health. Although the 2003 Fertilisers Regulation, which aimed at ensuring an internal market in fertilisers, has been effective, it mainly addresses mineral fertilisers and deters the introduction of new types of fertilisers. In March 2016, the Commission put forward a legislative proposal on fertilising products, as announced in the circular economy action plan. The proposal modernises the conformity assessment and market surveillance in line with the ‘new legislative framework’ for product legislation, covers a wider range of fertilising products (including those manufactured from secondary raw materials), and sets limits for the presence of heavy metals and contaminants in fertilising products. Stakeholders’ reactions have been mixed. The European Parliament is expected to adopt its position on the proposal in October 2017. The Council is continuing to consider the proposal at working party level.

Reform of the e-Privacy Directive

30-08-2017

In January 2017, the Commission tabled a proposal for a regulation on privacy and electronic communications which would replace the current 2002 e-Privacy Directive. The main objectives of the review are: enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member States. Stakeholders are divided on certain issues, including on the basic need for a new measure to protect confidentiality in ...

In January 2017, the Commission tabled a proposal for a regulation on privacy and electronic communications which would replace the current 2002 e-Privacy Directive. The main objectives of the review are: enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member States. Stakeholders are divided on certain issues, including on the basic need for a new measure to protect confidentiality in e-communications. Some national parliaments have made comments on the proposal, and discussions are progressing in Council. In the European Parliament, rapporteur Marju Lauristin (S&D, Estonia) presented a draft report to the Civil Liberties Committee on 21 June 2017, and this is expected to be voted in October 2017.

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

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18-10-2017
Book presentation: 'Communitati et Orbi' by Rabbi Pinchas Goldschmidt
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18-10-2017
INTA Workshop on EU-GCC Trade relations - 18 October 2017
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19-10-2017
Rational optimism: Should we fear the future?
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