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Single Resolution Board (SRB) - Accountability Arrangements and Legal Base for Hearings in the European Parliament - State of Play - August 2019

29-08-2019

This note prepared by the Economic Governance Support Unit provides an overview of the EP’s accountability hearings in the context of the Single Resolution Mechanism.

This note prepared by the Economic Governance Support Unit provides an overview of the EP’s accountability hearings in the context of the Single Resolution Mechanism.

Third country equivalence in EU banking and financial regulation

27-08-2019

This briefing provides an insight into the latest developments on equivalence in EU banking and financial regulation both in terms of governance and decision making (Section 1) and in terms of regulatory and supervisory frameworks that governs the access of third countries firms to the internal market (Section 2). The briefing also gives an overview on the possible role of equivalence regimes in the context of Brexit (Section 3) together with Brexit-related supervisory and regulatory issues (Section ...

This briefing provides an insight into the latest developments on equivalence in EU banking and financial regulation both in terms of governance and decision making (Section 1) and in terms of regulatory and supervisory frameworks that governs the access of third countries firms to the internal market (Section 2). The briefing also gives an overview on the possible role of equivalence regimes in the context of Brexit (Section 3) together with Brexit-related supervisory and regulatory issues (Section 4). This briefing is an updated version of a briefing published in April 2018.

Common rules for the internal electricity market

12-07-2019

On 30 November 2016, the European Commission presented a legislative proposal for a recast directive on the internal market for electricity, as part of a comprehensive legislative package entitled 'Clean Energy for all Europeans'. The proposed directive would oblige Member States to ensure a more competitive, customer-centred, flexible and non-discriminatory EU electricity market with market-based supply prices. It would strengthen existing customer rights, introduce new ones and provide a framework ...

On 30 November 2016, the European Commission presented a legislative proposal for a recast directive on the internal market for electricity, as part of a comprehensive legislative package entitled 'Clean Energy for all Europeans'. The proposed directive would oblige Member States to ensure a more competitive, customer-centred, flexible and non-discriminatory EU electricity market with market-based supply prices. It would strengthen existing customer rights, introduce new ones and provide a framework for energy communities. Member States would have to monitor and address energy poverty. The proposal clarifies the tasks of distribution system operators and emphasises the obligation of neighbouring national regulators to cooperate on issues of cross-border relevance. The Council adopted its general approach in December 2017. In the European Parliament, the Committee on Industry, Research and Energy (ITRE) adopted its report in February 2018. A provisional trilogue agreement was reached in December 2018. The European Parliament adopted the text in the March II 2019 plenary session and the Council on 22 May 2019. The Directive entered into force on 4 July 2019 and must be transposed into national legislation by 31 December 2020. Fourth 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.

Internal market for electricity

12-07-2019

On 30 November 2016, the European Commission presented a legislative proposal for a regulation on the internal market for electricity, as part of a comprehensive legislative package on the energy union. The proposed regulation is aimed at making the electricity market fit for more flexibility, decarbonisation and innovation, by providing for undistorted market signals. It sets out rules for electricity trading within different time frames, and clarifies the responsibilities of market actors. It defines ...

On 30 November 2016, the European Commission presented a legislative proposal for a regulation on the internal market for electricity, as part of a comprehensive legislative package on the energy union. The proposed regulation is aimed at making the electricity market fit for more flexibility, decarbonisation and innovation, by providing for undistorted market signals. It sets out rules for electricity trading within different time frames, and clarifies the responsibilities of market actors. It defines principles for assessing capacity needs at regional and European level and proposes design principles for market-based capacity mechanisms with cross-border participation. It introduces regional operational centres for handling-system operation and a European entity for distribution system operators. The Council adopted its general approach in December 2017. In the European Parliament, the Committee on Industry, Research and Energy (ITRE) adopted its report in February 2018. A provisional trilogue agreement was reached on 19 December 2018. The European Parliament adopted the text in the March II 2019 plenary session and the Council on 22 May 2019. The Regulation entered into force on 4 July 2019. Fourth 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.

EU policies – Delivering for citizens: Protecting European consumers

28-06-2019

Consumer protection rules have been improving the rights of consumers in the European Union since the 1970s. While the level of protection is today considered to be among the highest in the world, consumers in the EU are still faced with a number of issues. According to the latest available data, in 2016 one in five consumers said that they had had a reason to complain in the last 12 months, a level which has remained largely unchanged since 2008. Since 2014, efforts have been made in a number of ...

Consumer protection rules have been improving the rights of consumers in the European Union since the 1970s. While the level of protection is today considered to be among the highest in the world, consumers in the EU are still faced with a number of issues. According to the latest available data, in 2016 one in five consumers said that they had had a reason to complain in the last 12 months, a level which has remained largely unchanged since 2008. Since 2014, efforts have been made in a number of areas, including stronger cross-border cooperation between national authorities in charge of consumer protection and market surveillance. Notably, the Commission proposed a 'new deal for consumers' in April 2018, to enable representative legal actions for the protection of the collective interests of consumers and to modernise EU consumer protection rules. Sector-specific efforts included: eliminating roaming charges across the EU in 2017; legislation aimed at facilitating consumer participation in the digital single market; reforms on the rules on privacy and data protection; enhancing the rights of energy consumers and passengers; and efforts to address the 'dual quality' of branded food products. The EU budget for consumer protection is relatively small, because although rules in this field are made at the EU level, their implementation and enforcement are carried out by the Member States. The consumer programme has a budget of €188 million for the 2013-2020 period, or roughly €0.05 per citizen per year. This may change in the new multiannual financial framework, as consumer protection becomes part of a wider single market programme, which is expected to create synergies between its various components. Future policies could focus on longer product lifetime, labelling and quality requirements for non-agricultural and industrial products, fairer food labelling and retail financial services. This is an update of an earlier briefing issued in advance of the 2019 European elections.

Copyright in the digital single market

14-06-2019

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market, on 14 September 2016. Stakeholders and academics were strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules, including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim ...

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market, on 14 September 2016. Stakeholders and academics were strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules, including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim remuneration for the online use of their publications (Article 15), and 2) the imposition of content monitoring measures on online platforms such as YouTube, which seeks to resolve the 'value gap' and help rights-holders to better monetise and control the distribution of their content online (Article 17). Furthermore, in addition to the mandatory exception for text and data mining for research purposes proposed by the Commission in its proposal, the co legislators agreed to enshrine in EU law another mandatory exception for general text and data mining (Article 4) in order to contribute to the development of data analytics and artificial intelligence. The European Parliament (in plenary) and the Council approved the compromise text in March 2019 and in April 2019 respectively. The directive was published on 15 May 2019 in the Official Journal of the European Union, and all Member States must transpose the new rules into their national law by June 2021. Fifth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Common rules for gas pipelines entering the EU internal market

27-05-2019

In November 2017, the European Commission adopted a legislative proposal to fully apply key provisions of the 2009 Gas Directive to gas pipelines between the European Union (EU) and third countries. Member States would need to cooperate with third countries to ensure full compliance with EU rules. The revised directive was seen by many observers as a part of the broader EU response to the Gazprom-led Nord Stream 2 project, which the European Commission publicly opposes. The Parliament adopted its ...

In November 2017, the European Commission adopted a legislative proposal to fully apply key provisions of the 2009 Gas Directive to gas pipelines between the European Union (EU) and third countries. Member States would need to cooperate with third countries to ensure full compliance with EU rules. The revised directive was seen by many observers as a part of the broader EU response to the Gazprom-led Nord Stream 2 project, which the European Commission publicly opposes. The Parliament adopted its position on the gas directive in plenary on April 2018, whereas the Council adopted its general approach on 8 February 2019. This was swiftly followed by a single trilogue meeting on 12 February 2019 at which the EU institutions reached a provisional agreement. The agreed text was later formally adopted by Parliament and Council, and entered into force on 23 May 2019. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Single market information tool (SMIT)

06-05-2019

Competition and consumer protection in the single market are often undermined by price discrimination based on residency. While many market players do not cooperate with the Commission, for instance not 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. The SMIT proposal would provide the Commission with powers such as to request business-related information (e.g. cost structure or product volumes ...

Competition and consumer protection in the single market are often undermined by price discrimination based on residency. While many market players do not cooperate with the Commission, for instance not 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. The SMIT proposal would provide the Commission with powers such as to request business-related information (e.g. cost structure or product volumes sold), and to address market failures in a more efficient way. The SMIT, however, has raised some criticism in the Council and EP, inter alia, because of the Commission’s choice of the legal basis for the proposal. Parliament’s Legal Service stated in an opinion that the correct legal basis for the Commission proposal is Article 337 TFEU: a legal basis which gives no legislative role for the EP. On 12 July 2018, the IMCO committee adopted a report which would amend the proposal’s legal basis. The JURI committee subsequently adopted an opinion stating that the Commission proposal goes beyond the powers available under the proposed revised legal basis. The report was initially due to be voted in plenary in October 2018, but was taken off the agenda. As the parliamentary term has concluded, the report has now lapsed. Third 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.

Public country-by-country reporting by multinational enterprises

26-04-2019

Tax transparency has gained particular importance as a tool in the fight against tax avoidance and tax evasion, particularly in the field of corporate income tax and aggressive tax planning. Cooperation between tax authorities aims at allowing them to obtain information covering the global business of multinational enterprises (MNEs), and progress has already been made in this area. A further step in tax transparency would be to broaden it by providing publicly available information relating to tax ...

Tax transparency has gained particular importance as a tool in the fight against tax avoidance and tax evasion, particularly in the field of corporate income tax and aggressive tax planning. Cooperation between tax authorities aims at allowing them to obtain information covering the global business of multinational enterprises (MNEs), and progress has already been made in this area. A further step in tax transparency would be to broaden it by providing publicly available information relating to tax paid at the place where profits are actually made. Public country-by-country reporting (CBCR) is the publication of a defined set of facts and figures by large MNEs, thereby providing the public with a global picture of the taxes MNEs pay on their corporate income. The proposal is being considered by the European Parliament (EP) and the Council. In the EP, the amendments put forward by the ECON and JURI committees were voted on 4 July 2017. In the absence of a Council position enabling negotiations on the proposal, the Parliament adopted its position at first reading in plenary on 27 March 2019. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Mutual recognition of goods

25-04-2019

The revision of the regulation on mutual recognition of goods was announced in the 2015 Single Market Strategy. The Commission adopted its proposal in December 2017, which aimed to revise previous rules dating from 2008. This regulation aims to improve the rules governing the trade of goods in the single market. Intra-EU trade remains twice as big as extra-EU trade, and is rising constantly. This is, in large part, due to free movement of goods in the EU, which is based on either harmonised product ...

The revision of the regulation on mutual recognition of goods was announced in the 2015 Single Market Strategy. The Commission adopted its proposal in December 2017, which aimed to revise previous rules dating from 2008. This regulation aims to improve the rules governing the trade of goods in the single market. Intra-EU trade remains twice as big as extra-EU trade, and is rising constantly. This is, in large part, due to free movement of goods in the EU, which is based on either harmonised product rules at the EU level or, where there are no harmonised rules, the principle of mutual recognition under which goods lawfully marketed in one Member State may be sold in another Member State. The proposal addressed a number of shortcomings in the application of the mutual recognition principle. A provisional agreement between the co-legislators was reached on 22 November 2018. The text was adopted in plenary in February 2019. The new rules will improve collaboration among national authoritites and enhance the role of national product contact points. They will introduce a faster problem-solving procedure for disputes between companies and national authorities, as well as a new voluntary declaration to be filled in by economic operators to prove lawful marketing in an EU Member State. The new rules will apply from 19 April 2020. Fourth 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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