13

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Cross-border mobility of companies and use of digital solutions in company law

12-09-2018

In order to facilitate the freedom of establishment for companies, the Commission is proposing rules regarding the use of digital tools and processes throughout companies’ lifecycles and rules regarding cross-border conversions, mergers and divisions. This initial appraisal of the Commission’s impact assessment on the proposals observes that the impact assessment is very wide in scope and hence quite complex, but nevertheless manages to make a persuasive case to back the regulatory action being proposed ...

In order to facilitate the freedom of establishment for companies, the Commission is proposing rules regarding the use of digital tools and processes throughout companies’ lifecycles and rules regarding cross-border conversions, mergers and divisions. This initial appraisal of the Commission’s impact assessment on the proposals observes that the impact assessment is very wide in scope and hence quite complex, but nevertheless manages to make a persuasive case to back the regulatory action being proposed

Fostering cross-border investment – Law applicable to the third-party effects of assignments of claims

18-06-2018

The Commission is proposing to harmonise the conflict of law rules in regard to the applicable national law applicable to third-party effects in the case of cross-border assignments of rights. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is characterised by a lack of quantitative evidence and this is acknowledged explained by the impact assessment itself. The IA, however, still seems to make a reasonable case for the proposal on ...

The Commission is proposing to harmonise the conflict of law rules in regard to the applicable national law applicable to third-party effects in the case of cross-border assignments of rights. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is characterised by a lack of quantitative evidence and this is acknowledged explained by the impact assessment itself. The IA, however, still seems to make a reasonable case for the proposal on the basis mostly of legal analysis and supported by anecdotal evidence gathered through the stakeholder consultation.

Free flow of non-personal data in the European Union

13-02-2018

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above Commission proposal (the proposal), submitted on 13 September 2017 and referred to Parliament's Committee on Internal Market and Consumer Protection (IMCO). The creation of a connected digital single market is one of the ten priorities identified by Commission President Jean-Claude Juncker in his political guidelines for the Commission at the start ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above Commission proposal (the proposal), submitted on 13 September 2017 and referred to Parliament's Committee on Internal Market and Consumer Protection (IMCO). The creation of a connected digital single market is one of the ten priorities identified by Commission President Jean-Claude Juncker in his political guidelines for the Commission at the start of his mandate. In its digital single market strategy (DSM), the Commission stated that 'Any unnecessary restrictions regarding the location of data within the EU should both be removed and prevented' and committed to proposing an initiative to tackle restrictions on the free movement of data and unjustified restrictions on the location of data for storage or processing purposes. The challenges to the data economy are also specifically discussed in the 2017 communication on building a European data economy, which recognises that 'unjustified restrictions on the free movement of data are likely to constrain the development of the EU data economy [and] impair the freedom to provide services and the freedom of establishment stipulated in the Treaty'. The aim of the proposal is to remove geographical restrictions on the storage of non-personal data in the internal market and to facilitate switching between cloud service providers and the porting of data. It is meant to complement the 2016 General Data Protection Regulation (GDPR) which provides a single set of rules for the protection of personal data and provides the basis for the free flow of such data. Thus, for the purposes of the proposal, data is defined as 'data other than personal data as referred to in' the GDPR. The Commission seeks to build upon the existing applicable legal framework that regulates the internal market for data services (E commerce Directive, Services Directive, Transparency Directive), and pursues a high level of cybersecurity in the EU (NIS Directive), while at the same time remaining consistent with the existing provisions.

Proportionality test before adoption of new regulation of professions

12-05-2017

In general, the IA appears to set out logical reasoning linking the problem, its underlying drivers, the objectives and the policy options to tackle the problem. It seems to be based on sound research and analysis, while nevertheless recognising that there are still data gaps to be filled. With regard to the analysis of impacts, a more targeted analysis of the likely impacts on SMEs might have been desirable. Also, the IA does not seem to identify operational objectives for its preferred policy option ...

In general, the IA appears to set out logical reasoning linking the problem, its underlying drivers, the objectives and the policy options to tackle the problem. It seems to be based on sound research and analysis, while nevertheless recognising that there are still data gaps to be filled. With regard to the analysis of impacts, a more targeted analysis of the likely impacts on SMEs might have been desirable. Also, the IA does not seem to identify operational objectives for its preferred policy option and corresponding monitoring indicators. More generally, a proof-reading of the final text, and different choices as to its organisation and presentation, would almost certainly have considerably improved the IA's clarity and readability and its effectiveness in supporting the policy choices made in the proposal.

(Re-)Designing the internal market for electricity

11-04-2017

The IA appears to present a good and comprehensive analysis to identify the problems in the status quo, define the objectives of EU action, delineate policy options that can fulfil those objectives, assess the impacts of those options, and choose the best options to address the identified problems. This process seems to be based on sound data and research. In the explanation of the objectives, however, the distinction between what the IA refers to as the sub-objectives and the operational objectives ...

The IA appears to present a good and comprehensive analysis to identify the problems in the status quo, define the objectives of EU action, delineate policy options that can fulfil those objectives, assess the impacts of those options, and choose the best options to address the identified problems. This process seems to be based on sound data and research. In the explanation of the objectives, however, the distinction between what the IA refers to as the sub-objectives and the operational objectives does not appear to be very clear, raising doubts as to whether the sequential process required in the better regulation guidelines has been followed. Finally, the IA’s length and complexity somewhat limit its accessibility, although the sixteen page abstract added in response to the Regulatory Scrutiny Board’s recommendation goes some way towards addressing this issue.

A European Union certification system for aviation security screening equipment: Initial Appraisal of a European Commission Impact Assessment

21-12-2016

The IA appears to present a good argument on the need to address fragmentation of the EU market in aviation security screening equipment. In this respect, the JRC study and the SER3CO study seem to provide a solid underpinning on the need for action. There appears to be some lack of clarity in regard to the setting of operational objectives, while it might appear that the range of viable alternative options is somewhat limited.

The IA appears to present a good argument on the need to address fragmentation of the EU market in aviation security screening equipment. In this respect, the JRC study and the SER3CO study seem to provide a solid underpinning on the need for action. There appears to be some lack of clarity in regard to the setting of operational objectives, while it might appear that the range of viable alternative options is somewhat limited.

Judicial rules and cooperation in family matters (recast of Brussels IIa Regulation)

07-11-2016

The unusual approach of splitting the IA into separate headings helps to keep track of the complexity of the discussion, which involves intricate legal notions and arguments. Overall, the IA seems to provide a good qualitative analysis. The quantitative analysis seems to have been limited by the lack of available data, and this is especially felt in the assessment of the impacts that the proposed options may have. The IA appears to be very attentive to the concern about the political feasibility ...

The unusual approach of splitting the IA into separate headings helps to keep track of the complexity of the discussion, which involves intricate legal notions and arguments. Overall, the IA seems to provide a good qualitative analysis. The quantitative analysis seems to have been limited by the lack of available data, and this is especially felt in the assessment of the impacts that the proposed options may have. The IA appears to be very attentive to the concern about the political feasibility of the preferred options and strives to strike a balance between what is necessary to address the problematic issues identified in the evaluation of the Regulation and what is likely to garner the necessary unanimity within the Council.

Geo-blocking in the Digital Single Market

21-09-2016

The IA clearly defines the problem and appears to use up-to-date data and research throughout, especially in the problem definition and in establishing the scope of the impact assessment. At times, however, the presentation of the policy options lacks clarity. The IA seems to provide sound justification for the proposal, but appears not to fully address the RSB’s recommendation in its first opinion for a better description of the potential interaction of all the legislation that would target justified ...

The IA clearly defines the problem and appears to use up-to-date data and research throughout, especially in the problem definition and in establishing the scope of the impact assessment. At times, however, the presentation of the policy options lacks clarity. The IA seems to provide sound justification for the proposal, but appears not to fully address the RSB’s recommendation in its first opinion for a better description of the potential interaction of all the legislation that would target justified geo-blocking. This is something which might merit attention, particularly given that many of the parallel initiatives concerned are currently going through Parliament.   

Cooperation on the enforcement of consumer protection laws

26-07-2016

The IA appears to make a sound exploration of the existing problems. The link between the problems and the objectives could possibly have been better established, but the objectives and the options appear to be relevant to the problems identified. The argumentation in the IA seems reasonable and realistic and in certain aspects (in particular with regard to delay and cost reduction and the analyses on non-compliance rates and related consumer detriment) the analysis appears to be thorough and backed ...

The IA appears to make a sound exploration of the existing problems. The link between the problems and the objectives could possibly have been better established, but the objectives and the options appear to be relevant to the problems identified. The argumentation in the IA seems reasonable and realistic and in certain aspects (in particular with regard to delay and cost reduction and the analyses on non-compliance rates and related consumer detriment) the analysis appears to be thorough and backed up by sound data. One might argue, however, that in other aspects (in particular in aspects related to the economy and competitiveness) a more profound analysis, with a better explanation of the assumptions made and more data to back up the arguments made, would have been better able to support the policy decisions taken in the proposal. Please click here for the full publication in PDF format Available language versions:         

The Establishment of an EU Entry/Exit System

23-05-2016

The impression is that the legislative scrutiny of the original 2013 package and the unusual opportunity for the proposals to be backed by, not one, but by two impact assessment exercises, have resulted in proposals that are very robustly evidence-based. The co-legislators' input in the examination of the 2013 Package allowed the second IA process to be more focused and more aware of potential practical and political pitfalls. To get to the preferred option, which is ultimately reflected in the proposals ...

The impression is that the legislative scrutiny of the original 2013 package and the unusual opportunity for the proposals to be backed by, not one, but by two impact assessment exercises, have resulted in proposals that are very robustly evidence-based. The co-legislators' input in the examination of the 2013 Package allowed the second IA process to be more focused and more aware of potential practical and political pitfalls. To get to the preferred option, which is ultimately reflected in the proposals, the IA appears to follow a detailed, organised and systematic analysis based on a combination of sound qualitative and quantitative data and research. In particular, the proof of concept exercise provides a wealth of technical and field information that contributes substantial added value to the support of the decision-making process.  

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