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Implementation of the Treaty provisions concerning enhanced cooperation

20-12-2018

This study examines the existing (and planned) instances of enhanced cooperation (EnC), their institutional set up and state of play. Our analysis is at this point of time limited to the one EnC case with sufficient implementation record (EnC in divorce law, applied for more than six years to date). The remaining cases either began very recently (PESCO in late 2017); are in the preparatory stages (EPPO); are set to start in the near future (2019 for EnC in property regime rules); have not as yet ...

This study examines the existing (and planned) instances of enhanced cooperation (EnC), their institutional set up and state of play. Our analysis is at this point of time limited to the one EnC case with sufficient implementation record (EnC in divorce law, applied for more than six years to date). The remaining cases either began very recently (PESCO in late 2017); are in the preparatory stages (EPPO); are set to start in the near future (2019 for EnC in property regime rules); have not as yet entered into force (EnC in unitary patent protection awaiting ratification of the UPC Agreement by DE); or are yet to be agreed upon (FTT).

An overview of shell companies in the European Union

17-10-2018

In April 2018, the European Parliament's Special Committee on Financial Crimes, Tax Evasion and Tax Avoidance (TAX3) requested a study on shell companies in the EU. In response to this request, the Ex-Post Evaluation Unit (EVAL) and the European Added Value Unit (EAVA) of the European Parliamentary Research Service (EPRS) prepared this study. The study aims to contribute to a better understanding of the phenomenon of shell companies in the European Union. In particular, it approaches the issue through ...

In April 2018, the European Parliament's Special Committee on Financial Crimes, Tax Evasion and Tax Avoidance (TAX3) requested a study on shell companies in the EU. In response to this request, the Ex-Post Evaluation Unit (EVAL) and the European Added Value Unit (EAVA) of the European Parliamentary Research Service (EPRS) prepared this study. The study aims to contribute to a better understanding of the phenomenon of shell companies in the European Union. In particular, it approaches the issue through a set of ‘proxy’ indicators at a member state level. It proceeds by presenting main risks associated with the shell companies. Finally, if presents policies aiming at mitigating these identified risks.

Review Clauses in EU Legislation: A Rolling Check-List (6th edition)

29-06-2018

This study provides an overview of review clauses (reviews, evaluations, implementation reports) contained in EU legislation during the sixth, seventh and the current, eighth parliamentary term. Drawing on information publicly available across several sources, it provides in a single, comprehensive repository an analytical overview of acts that contain a review clause. The study puts a special focus on (and the analysis of) review clauses in EU legislative acts adopted during the current parliamentary ...

This study provides an overview of review clauses (reviews, evaluations, implementation reports) contained in EU legislation during the sixth, seventh and the current, eighth parliamentary term. Drawing on information publicly available across several sources, it provides in a single, comprehensive repository an analytical overview of acts that contain a review clause. The study puts a special focus on (and the analysis of) review clauses in EU legislative acts adopted during the current parliamentary term (with a total of 147 legislative acts with a review clause adopted through the ordinary legislative procedure up until end of December 2017).

Regulation 98/2013 on the marketing and use of explosives precursors: Implementation Appraisal

29-05-2018

Explosives precursors are chemical substances that can be (and have been) misused to manufacture homemade explosives (HMEs). Regulation 98/2013 on the marketing and use of explosives precursors, applicable since September 2014, has two general aims: to increase public security through a reduced risk of misuse of explosives precursors for the manufacture of HMEs and, at the same time, to enable the free movement of explosives precursor substances in the EU internal market, given their many legitimate ...

Explosives precursors are chemical substances that can be (and have been) misused to manufacture homemade explosives (HMEs). Regulation 98/2013 on the marketing and use of explosives precursors, applicable since September 2014, has two general aims: to increase public security through a reduced risk of misuse of explosives precursors for the manufacture of HMEs and, at the same time, to enable the free movement of explosives precursor substances in the EU internal market, given their many legitimate uses. The regulation establishes a system of restrictions and controls on a number of explosives precursors with the aim of limiting the general public's access to these substances. The regulation also establishes an obligation for economic operators to report suspicious transactions, disappearances and thefts of explosives precursors. Evidence collected through the Commission's evaluation and stakeholder consultation confirms the existence of significant challenges related to the application of the regulation. These include a fragmented landscape of restrictions and controls across Member States (which apply an outright ban, a licensing or a registration regime, or a combination of these); insufficient awareness along the supply chain about rules and obligations arising from the regulation; and a lack of clarity about certain provisions that focus particularly on the identification of products that fall within the scope of the regulation and the identification of legitimate/professional users. Lack of clarity as to the application of the regulation to online marketplaces is yet another problem, given the absence of an explicit reference to e-commerce in the regulation. Non-inclusion of all threat substances in the list of restricted explosives precursors is seen as yet another important challenge, and so is the perceived inflexibility of the procedure for adding new threat substances to the list, especially in view of the need to react quickly to new and evolving threats. In light of the above, in April 2018 the European Commission put forward a proposal for a new regulation, accompanied by an impact assessment and an evaluation.

The Victims' Rights Directive 2012/29/EU

14-12-2017

Directive 2012/29/EU establishing minimum standards for the rights, support and protection of victims of crime is an instrument of harmonisation that sets basic standards to be applied across the EU. It makes important procedural provisions regarding, for instance, the right to be heard, to understand and be understood, and the right to receive information, make a complaint and access support services. This study assesses the implementation of the directive and various aspects of its application: ...

Directive 2012/29/EU establishing minimum standards for the rights, support and protection of victims of crime is an instrument of harmonisation that sets basic standards to be applied across the EU. It makes important procedural provisions regarding, for instance, the right to be heard, to understand and be understood, and the right to receive information, make a complaint and access support services. This study assesses the implementation of the directive and various aspects of its application: legal transposition measures at Member State level, the practical implementation of the directive on the ground, and the benefits it has provided for victims, as well as the challenges encountered.

Awtur estern

The opening analysis of the study (Part I) has been prepared by Amandine Scherrer and Ivana Kiendl Krišto (EPRS, EVAL Unit) . Part II of the study was prepared by the Centre for Strategy & Evaluation Services LLP (CSES).

Council Framework Decision 2001/413 on combating fraud and counterfeiting of non-cash means of payment

27-11-2017

Council Framework Decision 2001/413 (CFD) on combating fraud and counterfeiting of non-cash means of payment establishes minimum rules concerning the definition of criminal offences and sanctions related to fraud and counterfeiting of non-cash means of payment, as well as the mechanisms for cross-border cooperation and exchange of information. Adopted in 2001, the CFD is now 16 years old. Evidence collected through the Commission’s evaluation and stakeholder consultation confirms the existence of ...

Council Framework Decision 2001/413 (CFD) on combating fraud and counterfeiting of non-cash means of payment establishes minimum rules concerning the definition of criminal offences and sanctions related to fraud and counterfeiting of non-cash means of payment, as well as the mechanisms for cross-border cooperation and exchange of information. Adopted in 2001, the CFD is now 16 years old. Evidence collected through the Commission’s evaluation and stakeholder consultation confirms the existence of significant challenges related to the implementation of the CFD. Overall, it appears that the CFD has not caught up with the technological developments of payment instruments, nor with the increasingly advanced techniques of non-cash fraud. Many Member States have in the meantime updated their respective legal frameworks individually in an effort to respond to these developments. This has resulted in a patchwork of different frameworks within the EU. It has also potentially opened the door to 'forum shopping' (i.e. criminals exploiting the system by moving to those Member States that have more lenient sanctions). The challenges identified include outdated/incomplete definitions, different levels of penalties in Member States, differences in criminalisation of preparatory acts in Member States, difficulties in allocating jurisdiction, under-reporting to law enforcement bodies, etc. The Commission evaluation finds that ‘[a]s a whole, the [CFD] does not appear to have fully met its objectives.’ In the light of the above, in September 2017, the European Commission put forward a proposal for a new directive that would replace the CFD.

Drinking Water Directive

24-07-2017

The Drinking Water Directive (DWD) sets quality standards for drinking water and requires that Member States ensure monitoring and compliance with these standards. By and large, it has been successful, best exemplified by the high, and increasing, levels of compliance across the European Union (EU) with the microbiological, chemical and indicator parameters and values set in the DWD. Notwithstanding this overall success, evidence collected over the past years, most notably through evaluation as well ...

The Drinking Water Directive (DWD) sets quality standards for drinking water and requires that Member States ensure monitoring and compliance with these standards. By and large, it has been successful, best exemplified by the high, and increasing, levels of compliance across the European Union (EU) with the microbiological, chemical and indicator parameters and values set in the DWD. Notwithstanding this overall success, evidence collected over the past years, most notably through evaluation as well as public and stakeholder consultation, confirm the existence of challenges. These include an outdated list of parameters and parametric values; over-reliance on compliance testing at the end of the water supply chain (at the tap) and related lack of a risk-based approach to managing water quality; problems related to water quality in small water supplies; lack of connection to public water networks for many citizens; problems related to water contact materials; as well as a lack of information for citizens. Although European Commission Directive 2015/1787 recently introduced elements of a risk-based approach, the current text of the directive does not appear to integrate the World Health Organization guidelines on drinking water quality sufficiently, both in terms of parameters and parametric values (which have not been updated in the DWD since 1998), as well as the lack of a comprehensive risk-based approach in water quality management that would systematically address potential risks throughout the water supply chain. The European Commission is expected to make a proposal to amend the directive in late 2017.

Review Clauses in EU Legislation: A Rolling Check-List (5th edition)

10-03-2017

This check-list presents a comprehensive overview of ‘review clauses’, that is to say, review, evaluation and reporting provisions contained in recent EU legislative acts and programmes. It is produced by the Policy Cycle Unit of the European Parliamentary Research Service (EPRS), the EP's in-house research service and think- tank, with a view to supporting parliamentary committees in monitoring the evaluation of EU law, policies and programmes, thus feeding the ex-post analysis into the ex-ante ...

This check-list presents a comprehensive overview of ‘review clauses’, that is to say, review, evaluation and reporting provisions contained in recent EU legislative acts and programmes. It is produced by the Policy Cycle Unit of the European Parliamentary Research Service (EPRS), the EP's in-house research service and think- tank, with a view to supporting parliamentary committees in monitoring the evaluation of EU law, policies and programmes, thus feeding the ex-post analysis into the ex-ante phase of the policy cycle. The European Parliament is strongly committed to the concept of better law-making, and particularly to the effective use of ex-ante impact assessment and ex-post evaluation throughout the whole legislative cycle. It is in this spirit that Parliament shows a particular interest in following the transposition, implementation and enforcement of EU law and EU programmes and, more generally, monitoring the impact, operation, effectiveness and delivery of policy and programmes in practice.

Review Clauses in EU Legislation: A Rolling Check-List (fourth edition)

15-07-2016

This check-list presents a comprehensive overview of ‘review clauses’, that is to say, review, evaluation and reporting provisions contained in recent EU legislative acts and programmes. It is produced by the Policy Cycle Unit of the European Parliamentary Research Service (EPRS), the EP's in-house research service and think tank, with a view to supporting parliamentary committees in monitoring the evaluation of EU law, policies and programmes, thus feeding the ex-post analysis into the ex-ante phase ...

This check-list presents a comprehensive overview of ‘review clauses’, that is to say, review, evaluation and reporting provisions contained in recent EU legislative acts and programmes. It is produced by the Policy Cycle Unit of the European Parliamentary Research Service (EPRS), the EP's in-house research service and think tank, with a view to supporting parliamentary committees in monitoring the evaluation of EU law, policies and programmes, thus feeding the ex-post analysis into the ex-ante phase of the policy cycle. The European Parliament is strongly committed to the concept of better law-making, and particularly to the effective use of ex-ante impact assessment and ex-post evaluation throughout the whole legislative cycle. It is in this spirit that Parliament shows a particular interest in following the transposition, implementation and enforcement of EU law and EU  programmes and, more generally, monitoring the impact, operation, effectiveness and delivery of policy and programmes in practice.

Framework Decision 2002/475/JHA on combating terrorism: Implementation Appraisal

04-05-2016

EU-level reports available on the implementation of the Framework Decision on Terrorism suggest that the FD provisions have been implemented in the Member States in a broadly satisfactory way. Several concerns remain, however, notably in relation to the adequacy of the current framework in ensuring prosecutions of individual foreign fighters who are self-motivated and travel by themselves. The changing security situation, and developments on the international stage (adoption of UNSCR 2178 (2014) ...

EU-level reports available on the implementation of the Framework Decision on Terrorism suggest that the FD provisions have been implemented in the Member States in a broadly satisfactory way. Several concerns remain, however, notably in relation to the adequacy of the current framework in ensuring prosecutions of individual foreign fighters who are self-motivated and travel by themselves. The changing security situation, and developments on the international stage (adoption of UNSCR 2178 (2014) and the CoE Additional Protocol), appear to call for amendments to the Framework Decision. The Commission proposal for a new directive would bring EU legislation in line with the provisions of the above-mentioned UN and CoE documents by broadening the scope of criminalised acts to include inter alia travelling abroad for terrorism and receiving training for terrorism. It is important to note in this context that recent reports stress that Member States have to a large degree already introduced further criminal offenses in their legislation, or are in the process of doing so (especially those Member States from which the majority of FFs originate). The proposal would also go further by requiring Member States to ensure that victims of terrorism are offered protection and assistance. The Commission proposal for a new Directive is not accompanied by an impact assessment. The Commission said this was justified by ‘the urgent need to improve the EU framework to increase security in the light of recent terrorist attacks’. As noted earlier, this approach has been met with criticism. The proposal contains a review clause (Article 26(2)) obliging the Commission to assess the impact and added value of the directive four years after the implementation deadline, and to report on this to the Council and the Parliament. It is to be hoped that this ex-post evaluation will address some of the questions that would have been tackled in an impact assessment. In this light, a more precise wording of Article 26(2) may contribute to a genuine evaluation of the proposed directive along the pre-determined criteria.

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