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Updating the Blocking Regulation: The EU's answer to US extraterritorial sanctions

07-06-2018

On 8 May 2018, President Trump announced the unilateral US withdrawal from the Joint Comprehensive Plan of Action (JCPOA), the landmark nuclear agreement signed by Iran and the E3/EU+3 – France, Germany, the UK and the EU plus China, Russia and the USA – in 2015. He also announced that the US would re-impose sanctions on Iran that had been lifted as part of the implementation of the JCPOA. These sanctions have extraterritorial effect, essentially making it illegal for EU companies and financial institutions ...

On 8 May 2018, President Trump announced the unilateral US withdrawal from the Joint Comprehensive Plan of Action (JCPOA), the landmark nuclear agreement signed by Iran and the E3/EU+3 – France, Germany, the UK and the EU plus China, Russia and the USA – in 2015. He also announced that the US would re-impose sanctions on Iran that had been lifted as part of the implementation of the JCPOA. These sanctions have extraterritorial effect, essentially making it illegal for EU companies and financial institutions to engage in a wide range of economic and commercial activities with Iran. Companies that disregard the US secondary sanctions face major fines and/or criminal charges in the US, or even exclusion from the US market. US sanctions will be reinstated after a 90- or 180-day wind-down period, to allow companies to make the necessary arrangements. Following the signing of the JCPOA in 2015, European companies have entered into important commercial and investment agreements with Iranian counterparts, worth billions of euros. Many of these companies also have important commercial ties with the US. Faced with the prospect of penalties in the US, several EU companies have already announced that they are ending their dealings with Iran, unless a way can be found to exempt or shield them from US secondary sanctions. In response, the Commission adopted a delegated act on 6 June 2018 to update the annex to the 'Blocking Regulation', which was adopted in 1996 to protect EU businesses against the effects of the extraterritorial application of legislation adopted by a third country. The Blocking Regulation forbids EU persons from complying with extraterritorial sanctions, allows companies to recover damages arising from such sanctions, and nullifies the effect in the EU of any foreign court judgment based on them. The effectiveness of the regulation as a mechanism to offset US sanctions has been questioned, however its adoption sends an important political message. Parliament now has two months to object to the delegated act, but may signal earlier that it will not do so, thus allowing the measure to come into force earlier than the end of the two-month period.

I cittadini dell'Unione e i loro diritti

01-03-2018

I diritti dei singoli cittadini e la cittadinanza europea sono sanciti dalla Carta dei diritti fondamentali dell'Unione europea, dal trattato sul funzionamento dell'Unione europea (TFUE) e dall'articolo 9 del trattato sull'Unione europea (TUE). Essi rappresentano fattori essenziali per la formazione dell'identità europea. In caso di violazione grave dei valori fondamentali dell'Unione, uno Stato membro può essere oggetto di sanzioni.

I diritti dei singoli cittadini e la cittadinanza europea sono sanciti dalla Carta dei diritti fondamentali dell'Unione europea, dal trattato sul funzionamento dell'Unione europea (TFUE) e dall'articolo 9 del trattato sull'Unione europea (TUE). Essi rappresentano fattori essenziali per la formazione dell'identità europea. In caso di violazione grave dei valori fondamentali dell'Unione, uno Stato membro può essere oggetto di sanzioni.

Mining Waste Directive 2006/21/EC

10-01-2017

In the aftermath of two major accidents involving the spill of hazardous extractive waste, the Mining Waste Directive 2006/21/EC was adopted at EU level with the aim to prevent, or reduce as far as possible, the adverse effects from extractive waste management on health and the environment. The deadline for transposition of the directive by the Member States expired on 1 May 2008. Research indicates that all Member States (EU-27) have experienced transposition problems in terms of 'timing' or 'quality ...

In the aftermath of two major accidents involving the spill of hazardous extractive waste, the Mining Waste Directive 2006/21/EC was adopted at EU level with the aim to prevent, or reduce as far as possible, the adverse effects from extractive waste management on health and the environment. The deadline for transposition of the directive by the Member States expired on 1 May 2008. Research indicates that all Member States (EU-27) have experienced transposition problems in terms of 'timing' or 'quality' or both. It appears that the majority of Member States have adopted the measures needed to implement the provisions of the directive, but the practical implementation of some aspects remains problematic. The quality of available data does not allow for the complete picture of practical implementation of the directive to be fully outlined and assessed. While EU legislation on the management of extractive waste is still relevant to real needs, the levels of effectiveness and efficiency across the EU may vary from one Member State to another. This European Implementation Assessment, which is intended to support the Implementation Report being prepared by European Parliament's Committee on the Environment, Public Health and Food Safety, makes recommendations for action aimed at improving the identified shortcomings. The study also sheds light on the prospects for extractive waste management in the context of the 'circular economy' concept.

Norme aggiornate per Europol

02-05-2016

A maggio, il Parlamento europeo dovrebbe votare sul testo di compromesso per una revisione del regolamento che istituisce l’Agenzia dell’Unione europea per la cooperazione delle autorità di contrasto – Europol, che punta a rafforzare le competenze dell’Agenzia nella lotta al terrorismo e la criminalità grave e organizzata, aumentando nel contempo la sua responsabilità nei confronti del Parlamento europeo e dei parlamenti nazionali e formulando regole chiare in materia di protezione e scambio dei ...

A maggio, il Parlamento europeo dovrebbe votare sul testo di compromesso per una revisione del regolamento che istituisce l’Agenzia dell’Unione europea per la cooperazione delle autorità di contrasto – Europol, che punta a rafforzare le competenze dell’Agenzia nella lotta al terrorismo e la criminalità grave e organizzata, aumentando nel contempo la sua responsabilità nei confronti del Parlamento europeo e dei parlamenti nazionali e formulando regole chiare in materia di protezione e scambio dei dati.

US Supreme Court puts Clean Power Plan on hold

26-02-2016

In August 2015, the Obama administration promulgated a landmark regulation known as the Clean Power Plan (CPP), to reduce greenhouse gas (GHG) emissions from fossil-fuelled power plants. Soon after the publication of the CPP in the Federal Register, state and industry petitioners contended that the administration had exceeded its authority under the Clean Air Act (CAA), violated the historic and legal authority of the states, and imposed unmanageable restructuring of the power sector. In February ...

In August 2015, the Obama administration promulgated a landmark regulation known as the Clean Power Plan (CPP), to reduce greenhouse gas (GHG) emissions from fossil-fuelled power plants. Soon after the publication of the CPP in the Federal Register, state and industry petitioners contended that the administration had exceeded its authority under the Clean Air Act (CAA), violated the historic and legal authority of the states, and imposed unmanageable restructuring of the power sector. In February 2016, the US Supreme Court – the highest US court with unique authority over constitutional and federal affairs – temporarily suspended President Barack Obama's landmark carbon-emissions regulation for existing stationary sources.

A Comparison Between US and EU Data Protection Legislation for Law Enforcement Purposes

08-10-2015

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. The study compares US and the EU legal frameworks on data protection in the field of law enforcement. It reviews US and EU principal legal sources of data protection legislation in the law enforcement and national security context and identifies rights available to individuals. The study further considers newly introduced or proposed US laws ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. The study compares US and the EU legal frameworks on data protection in the field of law enforcement. It reviews US and EU principal legal sources of data protection legislation in the law enforcement and national security context and identifies rights available to individuals. The study further considers newly introduced or proposed US laws such as the USA FREEDOM Act and the Draft Judicial Redress Act and reviews its compatibility with EU data protection standards.

Autore esterno

Franziska Boehm (University of Münster, Institute for Information, Telecommunication and Media Law, Germany)

Country Report on Austria for the Study on Member States' Policies for Children with Disabilities

15-12-2014

Upon request of the LIBE committee, this study looks at the situation of children with disabilities in Austria to identify the gaps in the legal framework and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses all the 28 Member States. In the first phase of the study, a comparative analysis has been drawn based on 18 of the country studies. In the second phase of this study, the situation in the remaining ...

Upon request of the LIBE committee, this study looks at the situation of children with disabilities in Austria to identify the gaps in the legal framework and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses all the 28 Member States. In the first phase of the study, a comparative analysis has been drawn based on 18 of the country studies. In the second phase of this study, the situation in the remaining ten countries and Scotland has been analysed. The overall report “Member State Policies on Children with Disabilities” provides some recommendations for EU action to enhance the situation of children with disabilities.

Country Report on Bulgaria for the Study on Member States' Policies for Children with Disabilities

15-12-2014

Upon request of the LIBE committee, this study looks at the situation of children with disabilities in Bulgaria to identify the gaps in the legal framework and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses all the 28 Member States. In the first phase of the study, a comparative analysis was drawn based on 18 of the country studies. In the second phase of this study, the situation in the remaining ...

Upon request of the LIBE committee, this study looks at the situation of children with disabilities in Bulgaria to identify the gaps in the legal framework and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses all the 28 Member States. In the first phase of the study, a comparative analysis was drawn based on 18 of the country studies. In the second phase of this study, the situation in the remaining ten countries and Scotland has been analysed. The overall report “Member State Policies on Children with Disabilities” provides some recommendations for EU action to enhance the situation of children with disabilities.

Country Report on Croatia for the Study on Member States' Policies for Children with Disabilities

15-12-2014

This study looks at the situation of children with disabilities in Croatia to identify the gaps in the legal framework and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses all of the 28 Member States. In the first phase of the study, a comparative analysis has been drawn based on 18 of the country studies. In the second phase of this study, the situation in the remaining ten countries and Scotland ...

This study looks at the situation of children with disabilities in Croatia to identify the gaps in the legal framework and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses all of the 28 Member States. In the first phase of the study, a comparative analysis has been drawn based on 18 of the country studies. In the second phase of this study, the situation in the remaining ten countries and Scotland has been analysed. The overall report “Member State Policies on Children with Disabilities” provides some recommendations for EU action to enhance the situation of children with disabilities.

Country Report on Cyprus for the Study on Member States' Policies for Children with Disabilities

15-12-2014

This study looks at the situation of children with disabilities in Cyprus to identify the gaps in the legal framework and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses all the 28 Member States. In the first phase of the study, a comparative analysis has been drawn based on 18 of the country studies. In the second phase of this study, the situation in the remaining ten countries and Scotland has ...

This study looks at the situation of children with disabilities in Cyprus to identify the gaps in the legal framework and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses all the 28 Member States. In the first phase of the study, a comparative analysis has been drawn based on 18 of the country studies. In the second phase of this study, the situation in the remaining ten countries and Scotland has been analysed. The overall report “Member State Policies on Children with Disabilities” provides some recommendations for EU action to enhance the situation of children with disabilities.

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