761

result(s)

Word(s)
Publication type
Author
Keyword
Date

European production and preservation orders and the appointment of legal representatives for gathering electronic evidence

13-07-2018

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does ...

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does not entirely follow the IA as it does not include legislative measures on direct access and access to databases, and on the other hand, it includes additional conditions for issuing a European Production Order.

Security of ID cards and of residence documents issued to EU citizens and their families

13-07-2018

Currently, there are at least 86 different versions of ID cards, and 181 types of residence documents in circulation in the EU. The format and minimum standards for ID cards and residence documents is not regulated on EU level. In order to strengthen the security features of ID cards and residence documents of EU citizens and their non-EU family members, the European Commission published a legislative proposal. The impact assessment accompanying this proposal clearly explains the problems currently ...

Currently, there are at least 86 different versions of ID cards, and 181 types of residence documents in circulation in the EU. The format and minimum standards for ID cards and residence documents is not regulated on EU level. In order to strengthen the security features of ID cards and residence documents of EU citizens and their non-EU family members, the European Commission published a legislative proposal. The impact assessment accompanying this proposal clearly explains the problems currently encountered, and proposes adequate solutions. The Commission used different sources to substantiate the impact assessment and also undertook several stakeholder consultation activities. However, it is not systematically indicated which stakeholder group prefers which specific option. At times the impact assessment displays a lack of quantification, about which the Commission is open. More detailed information on the safeguards regarding the fundamental rights impact would have been desirable.

Copyright Law in the EU: Salient features of copyright law across the EU Member States

13-07-2018

As part of the mission to provide the Members and Committees of the European Parliament with new research tools in the area of comparative law, this document presents salient features of copyright law across the EU Member States and, more in particular, the prima facie corresponding provisions in national law relating to the exceptions and limitations contained in Directives 2001/29/EC and 2012/28/EU. The document will be updated regularly, especially in its electronic version, to take account of ...

As part of the mission to provide the Members and Committees of the European Parliament with new research tools in the area of comparative law, this document presents salient features of copyright law across the EU Member States and, more in particular, the prima facie corresponding provisions in national law relating to the exceptions and limitations contained in Directives 2001/29/EC and 2012/28/EU. The document will be updated regularly, especially in its electronic version, to take account of new or modified provisions of national law in relation to – mandatory or optional – exceptions and limitations deriving from existing or future EU legislation.

Directive 2011/7/EU on late payments in commercial transactions

11-07-2018

Directive 2011/7/EU on late payments in commercial transactions (Late Payment Directive, (LPD)) strengthened European regulations first introduced in 2000 in favour of creditors. In addition to statutory interest, the application of which is still not automatic, maximum periods were established for payments in business-to-business transactions and those with public authorities, limiting contractual freedom, which is often abused by stronger companies. Following the largely correct transposition into ...

Directive 2011/7/EU on late payments in commercial transactions (Late Payment Directive, (LPD)) strengthened European regulations first introduced in 2000 in favour of creditors. In addition to statutory interest, the application of which is still not automatic, maximum periods were established for payments in business-to-business transactions and those with public authorities, limiting contractual freedom, which is often abused by stronger companies. Following the largely correct transposition into national law, the situation continues to vary between Member States with regard to average payment periods (especially from public authorities), and the level of implementation of additional voluntary measures (such as prompt payment codes). In the absence of harmonised measurement methods, business surveys and consultations indicate improving practices, but the attribution of this development to the LPD cannot be separated from broader economic contexts and cultural aspects easily. Further exchange of best practices and better monitoring of their effectiveness might facilitate future developments in the area of late payments, including legislative action.

Revision of the Explosives Precursors Regulation

10-07-2018

Explosives precursors can be found in various chemical products used by consumers, general professional users, and industrial users, for example, in detergents, fertilisers, special fuels, lubricants and greases, water treatment chemicals. They can be used by terrorists to produce home-made explosives (HME). In April 2018 the European Commission put forward a proposal for a new regulation, accompanied by an impact assessment (IA) and an evaluation, which have been performed at the same time. The ...

Explosives precursors can be found in various chemical products used by consumers, general professional users, and industrial users, for example, in detergents, fertilisers, special fuels, lubricants and greases, water treatment chemicals. They can be used by terrorists to produce home-made explosives (HME). In April 2018 the European Commission put forward a proposal for a new regulation, accompanied by an impact assessment (IA) and an evaluation, which have been performed at the same time. The IA has attempted to provide a rather detailed, albeit mainly qualitative, analysis of the various types of impacts, disregarding some limitations to obtain data, such as a risk of exposing vulnerabilities in Member States and of jeopardising ongoing investigations and prosecutions. The IA notes that many SMEs are not part of the EU level industry associations, which have been consulted while drafting the ex-post evaluation. A question arises if the SMEs have been targeted at the stakeholder consultation in any other way, which appears not to be the case. The public consultation took less than 12 weeks, which is not in line with the Better Regulation Guidelines.

Single digital gateway

09-07-2018

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. On 24 May 2018, trilogues concluded with a provisional agreement. This will be put to the vote in committee on 12 July 2018, and then in plenary in autumn 2018. 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.

The Impact of the UK’s Withdrawal on EU Integration

09-07-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, examines the potential effects of the UK’s withdrawal on European integration. It does so by examining the UK’s role in pushing forward and/or blocking integration in five areas: the internal market; social policy; freedom, security and justice; the Eurozone; and foreign, security and defence.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, examines the potential effects of the UK’s withdrawal on European integration. It does so by examining the UK’s role in pushing forward and/or blocking integration in five areas: the internal market; social policy; freedom, security and justice; the Eurozone; and foreign, security and defence.

External author

Dr Tim OLIVER Dr Garvan WALSHE Professor Catherine BARNARD Professor Linda HANTRAIS Professor Matthias MATTHIJS Professor Steven PEERS

Body of European Regulators for Electronic Communications (BEREC)

06-07-2018

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC). The proposal aims at transforming BEREC into a 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, and also developing common ...

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC). The proposal aims at transforming BEREC into a 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, and also developing common approaches to deliver peer-reviewed opinions on draft national measures (e.g. radio spectrum assignments) and on cross-border disputes. Parliament and Council found a compromise in trilogues. The BEREC Office will have legal personality, but not BEREC itself, which remains a body of NRAs. Parliament and Council also agreed on giving new tasks to BEREC and on moving from simple majority to two-thirds majority for key decisions of the Board of Regulators and of the Management Board. The Council endorsed the compromise on 29 June 2018, Parliament’s ITRE committee is due to vote on it on 10 July 2018. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Empowering national competition authorities (NCAs)

06-07-2018

Since 2003, national competition authorities (NCAs) have boosted the enforcement of EU competition and antitrust rules significantly. However, each year losses of €181- 320 billion accrue because of undiscovered cartels, which increase prices by between 17 % and 30 % on average. In March 2017, the Commission proposed a new directive to ensure that all NCAs have effective investigation and decision-making tools, could impose deterrent fines, and have well-designed leniency programmes and enough resources ...

Since 2003, national competition authorities (NCAs) have boosted the enforcement of EU competition and antitrust rules significantly. However, each year losses of €181- 320 billion accrue because of undiscovered cartels, which increase prices by between 17 % and 30 % on average. In March 2017, the Commission proposed a new directive to ensure that all NCAs have effective investigation and decision-making tools, could impose deterrent fines, and have well-designed leniency programmes and enough resources to enforce EU competition rules independently. On 30 May 2018, Parliament and Council reached an agreement on the proposal in trilogue. It increases the independence, resources and powers of NCAs and envisages more harmonisation of the national leniency programmes and reduced burdens on undertakings. Parliament’s ECON committee intends to vote on the compromise text on 11 July 2018; the plenary vote would then take place in autumn 2018. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Cross-border parcel delivery services

05-07-2018

High prices and the inconvenience of cross-border parcel delivery have been identified as being among the main obstacles to greater uptake of e-commerce among European consumers and retailers. Research shows that current cross-border parcel delivery prices charged by universal service providers can be almost five times higher than domestic parcel delivery prices. To remedy the situation, the European Commission presented a legislative proposal on cross-border parcel delivery services as part of its ...

High prices and the inconvenience of cross-border parcel delivery have been identified as being among the main obstacles to greater uptake of e-commerce among European consumers and retailers. Research shows that current cross-border parcel delivery prices charged by universal service providers can be almost five times higher than domestic parcel delivery prices. To remedy the situation, the European Commission presented a legislative proposal on cross-border parcel delivery services as part of its May 2016 e-commerce package. The proposal’s aim was to contribute to a reduction in delivery prices through increased price transparency and improved regulatory oversight. The final act was signed in April 2018, following a compromise agreement between Parliament and the Council reached in December 2017. The new regulation will enable consumers and businesses to compare parcel delivery prices on a dedicated website, while national regulatory authorities will be provided with greater powers to monitor cross-border tariffs and assess those they consider to be unreasonably high. Fourth edition, based on an original briefing by Jana Valant. 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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