638

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

Single market information tool (SMIT)

18-07-2017

Competition and consumer protection in the single market are often undermined by measures such as price discrimination based on residency, geo-blocking of online audio-visual content, or limited cross-border parcel delivery. While many businesses do not cooperate with the Commission by e.g. disclosing their pricing structure, Member States often do not have the means or the tools to collect and deliver the required information to the Commission. On 2 May 2017, the Commission presented a 'compliance ...

Competition and consumer protection in the single market are often undermined by measures such as price discrimination based on residency, geo-blocking of online audio-visual content, or limited cross-border parcel delivery. While many businesses do not cooperate with the Commission by e.g. disclosing their pricing structure, Member States often do not have the means or the tools to collect and deliver the required information to the Commission. On 2 May 2017, the Commission presented a 'compliance package' of three proposals on enhancing the practical functioning of the single market. One of these introduces the single market information tool (SMIT). The use of SMIT would be a measure of last resort and subject to confidentiality requirements. SMIT would provide the Commission with e.g. powers to request business-related information (such as cost structure or product volumes sold), and to address regulatory and market failures in a more timely and efficient way.

Competition Policy and an Internal Energy Market

18-07-2017

This study identifies selected important competition-related issues in the internal energy market. It discusses the role of competition law with respect to the following issues: State aid, congestion management, capacity remuneration mechanisms, balancing markets, effective competition between suppliers, integration of new players in the market, and energy poverty. To tackle these present and possible upcoming issues, the study provides indications regarding the current and future need for applying ...

This study identifies selected important competition-related issues in the internal energy market. It discusses the role of competition law with respect to the following issues: State aid, congestion management, capacity remuneration mechanisms, balancing markets, effective competition between suppliers, integration of new players in the market, and energy poverty. To tackle these present and possible upcoming issues, the study provides indications regarding the current and future need for applying instruments of competition law as well as other types of instruments. The study was provided by Policy Department A at the request of the ECON Committee.

External author

Robert Haffner, Olga Batura, Karolina Ryszka, Kimberley van den Bergen, Ecorys Netherlands

Hybrid mismatches with third countries

17-07-2017

Hybrid mismatch is a situation where a cross-border activity is treated differently for tax purposes by the countries involved, resulting in favourable tax treatment. Hybrid mismatches are used as aggressive tax planning structures, which in turn trigger policy reactions to neutralise their tax effects. When adopting the Anti-Tax Avoidance Directive in July 2016, the Council requested that the Commission put forward a proposal on hybrid mismatches involving third countries. The amendment proposed ...

Hybrid mismatch is a situation where a cross-border activity is treated differently for tax purposes by the countries involved, resulting in favourable tax treatment. Hybrid mismatches are used as aggressive tax planning structures, which in turn trigger policy reactions to neutralise their tax effects. When adopting the Anti-Tax Avoidance Directive in July 2016, the Council requested that the Commission put forward a proposal on hybrid mismatches involving third countries. The amendment proposed by the Commission on 25 October broadens the provisions of the directive accordingly. It seeks to neutralise mismatches by obliging Member States to deny the deduction of payments by taxpayers or by requiring taxpayers to include a payment or a profit in their taxable income. The Parliament’s opinion was prepared by the Economic and Monetary Affairs Committee. As this is a tax measure, Parliament is only consulted. The proposal was adopted by the Council on 29 May 2017.

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.

EU certification of aviation security screening equipment

07-07-2017

On 7 September 2016, the European Commission adopted a proposal for a regulation establishing a certification system for aviation security screening equipment. The proposal seeks 'to contribute to the proper functioning of the EU internal market and to increase the global competitiveness of the EU industry by establishing an EU certification system for aviation security equipment'. This system would be based on EU type-approval and issuance of a certificate of conformity by manufacturers, which would ...

On 7 September 2016, the European Commission adopted a proposal for a regulation establishing a certification system for aviation security screening equipment. The proposal seeks 'to contribute to the proper functioning of the EU internal market and to increase the global competitiveness of the EU industry by establishing an EU certification system for aviation security equipment'. This system would be based on EU type-approval and issuance of a certificate of conformity by manufacturers, which would be valid in all Member States, according to the principle of mutual recognition. The proposal falls under different policy frameworks: the 2012 Commission communication entitled 'Security Industrial Policy Action Plan for an innovative and competitive Security Industry', the European agenda on security adopted by the Commission in April 2015, and the communication 'Delivering the European Agenda on Security to fight against terrorism and pave the way towards an effective and genuine Security Union', adopted in April 2016. Please note this document has been designed for on-line viewing.

Openness of public procurement markets in key third countries

04-07-2017

This report assesses the openness of public procurement markets in key third countries of interest to the EU. It provides a comparative overview of the regulatory and market access characteristics of the US, Brazil, India, China, Japans’ procurement markets, with reference to the procurement regulation and enforcement within the EU. The report assesses the available data on both the de jure and de facto levels of openness of these markets to put forward some conclusions of value to policy making ...

This report assesses the openness of public procurement markets in key third countries of interest to the EU. It provides a comparative overview of the regulatory and market access characteristics of the US, Brazil, India, China, Japans’ procurement markets, with reference to the procurement regulation and enforcement within the EU. The report assesses the available data on both the de jure and de facto levels of openness of these markets to put forward some conclusions of value to policy making both within the EU and in its trading relations with key third countries. This assessment concludes that the lack of comprehensive comparable data on procurement contract awards, particularly at the sub-central level, is not a trivial challenge for policy makers. Nevertheless, it is evident that the liberalisation of procurement markets continues to take place on a strictly reciprocal basis – linked to the offensive interests of governments. Given the slow-down in negotiating mega-regional agreements with comprehensive procurement chapters, the WTO Government Procurement Agreement remains the most efficient and transparent forum for undertaking further liberalisation in public procurement.

External author

Kamala DAWAR, Sussex University, United Kingdom

New radio frequencies for mobile internet services

03-07-2017

While radio spectrum management is predominantly a national competence, EU policy plays an increasingly important role in its coordination and harmonisation. The EU actively seeks ways to harmonise use of the different bands of the spectrum to meet the ever-growing demand for wireless mobile broadband. Nevertheless, spectrum allocation in the EU remains fragmented and varies among Member States. Following developments in the international framework, as well as the considerations of high-level expert ...

While radio spectrum management is predominantly a national competence, EU policy plays an increasingly important role in its coordination and harmonisation. The EU actively seeks ways to harmonise use of the different bands of the spectrum to meet the ever-growing demand for wireless mobile broadband. Nevertheless, spectrum allocation in the EU remains fragmented and varies among Member States. Following developments in the international framework, as well as the considerations of high-level expert groups and a public consultation, the Commission adopted a long-term strategy for use of the 470-790 MHz frequency band. The strategy proposes to repurpose the 694-790 MHz band, to use it for wireless broadband rather than television broadcasting. The latter is to have priority in the 470-694 MHz band. Under the agreement among the co-legislators, Member States will reassign the 694-790 MHz band by 30 June 2020. This reallocation may be delayed by up to two years in duly justified cases, examples of which are given in the agreed text. Broadcasting services will maintain priority in 470-694 MHz band at least until 2030, but the Member States will have certain flexibility to use this range for other purposes. This updates an earlier edition, of December 2016: PE 595.856.

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.

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