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Anti-money laundering - reinforcing the supervisory and regulatory framework

02-09-2019

On the back of a number of high profile cases and alleged cases of money laundering, this briefing presents current initiatives and actions aiming at reinforcing the anti-money laundering supervisory and regulatory framework in the EU. This briefing first outlines (1) the EU supervisory architecture and the respective roles of European and national authorities in applying anti-money laundering legislation that have been further specified in the 5th AML Directive and (2) ways that have been proposed ...

On the back of a number of high profile cases and alleged cases of money laundering, this briefing presents current initiatives and actions aiming at reinforcing the anti-money laundering supervisory and regulatory framework in the EU. This briefing first outlines (1) the EU supervisory architecture and the respective roles of European and national authorities in applying anti-money laundering legislation that have been further specified in the 5th AML Directive and (2) ways that have been proposed to further improve the anti-money laundering supervisory and regulatory frameworks, including the 12 September 2018 Commission’s communication, the changes to the European Supervisory Authority (ESA) Regulation adopted by the co-legislators on the basis of a Commission proposal and the most recent Commission’s state of play of supervisory and regulatory landscapes on anti-money laundering. Some previous AML cases are presented in Annex. This briefing updates an EGOV briefing originally drafted in April 2018. On a more prospective note, this briefing also presents (3) some possible additional reforms to bring about a more integrated AML supervisory architecture in the EU. In that respect, President-elect U. von der Leyen’s political declaration stresses the need for further action without specifying at this stage possible additional supervisory and regulatory developments: “The complexity and sophistication of our financial system has opened the door to new risks of money laundering and terrorist financing. We need better supervision and a comprehensive policy to prevent loopholes.”

EU policies – Delivering for citizens: Promoting equality between women and men

28-06-2019

The European Union (EU) is committed to eliminating inequalities and promoting gender equality 'in all its activities' and has made considerable advances over the years. Nevertheless, the situation remains uneven across the EU, and in recent times progress has slowed, stalled or even regressed in some areas. Yet, the evidence points clearly to the benefits of gender equality for individuals, the economy and society as a whole. Public opinion surveys show that a large majority of Europeans agree that ...

The European Union (EU) is committed to eliminating inequalities and promoting gender equality 'in all its activities' and has made considerable advances over the years. Nevertheless, the situation remains uneven across the EU, and in recent times progress has slowed, stalled or even regressed in some areas. Yet, the evidence points clearly to the benefits of gender equality for individuals, the economy and society as a whole. Public opinion surveys show that a large majority of Europeans agree that promoting gender equality is important for a fair and democratic society, the economy and for them personally and that a growing share of citizens would like the EU to do more in this area. Europeans also expect increased EU action on related policies. During the last legislative term, as part of a broader gender equality programme, the EU institutions have been working on proposals for new EU laws to improve work-life balance and combat violence against women. Promoting equality between women and men will remain one of the major challenges in the coming years. Demographic trends, technological developments and changes to the way we work are just some of the issues where different impacts on women and men will need to be considered. Options for further EU involvement could include better implementation and enforcement of existing legislation, moves to modernise it, fill gaps in protection and address emerging issues, and non-legislative measures such as data collection and monitoring, awareness-raising, and support for national and grassroots initiatives. It will require the political will at all levels to tackle issues across a broad spectrum of policies, together with the provision of the necessary institutions, tools and resources to put that resolve into action. This is an update of an earlier briefing issued in advance of the 2019 European elections.

Amending capital requirements: The 'CRD-V package'

15-04-2019

In December 2018, the European Parliament and the Council (the co-legislators) reached a political agreement on the legislative proposals amending the current Capital Requirements Directive and Regulation (the 'CRD-IV package'), which establish the prudential framework for financial institutions operating in the EU. The amendments to the package implement the most recent regulatory standards for banks, set at international level ('Basel III framework'). They also address some regulatory shortcomings ...

In December 2018, the European Parliament and the Council (the co-legislators) reached a political agreement on the legislative proposals amending the current Capital Requirements Directive and Regulation (the 'CRD-IV package'), which establish the prudential framework for financial institutions operating in the EU. The amendments to the package implement the most recent regulatory standards for banks, set at international level ('Basel III framework'). They also address some regulatory shortcomings and aim to contribute to sustainable bank financing of the economy. Parliament is due to vote on adopting the proposals during the April II plenary session.

Promoting renewable energy sources in the EU after 2020

15-01-2019

In November 2016, the European Commission launched the Clean Energy package, including a recast of the Directive on the promotion of renewable energy sources (‘RES Directive’), with the objective of greatly increasing the share of RES in final energy consumption by 2030. The revised RES Directive aims to provide guiding principles on financial support schemes for RES, renewable energy self-consumption, energy communities and district heating. It seeks to enhance mechanisms for cross-border cooperation ...

In November 2016, the European Commission launched the Clean Energy package, including a recast of the Directive on the promotion of renewable energy sources (‘RES Directive’), with the objective of greatly increasing the share of RES in final energy consumption by 2030. The revised RES Directive aims to provide guiding principles on financial support schemes for RES, renewable energy self-consumption, energy communities and district heating. It seeks to enhance mechanisms for cross-border cooperation, simplify administrative processes, strengthen the sustainability and greenhouse gas emissions-savings criteria for biofuels, and mainstream the use of RES in the transport sector and in the heating and cooling sector. Trilogue negotiations started in February 2018 and resulted in a provisional agreement on 14 June 2018. The final text was formally adopted by Parliament (13 November 2018) and Council (4 December 2018), published in the Official Journal on 21 December 2018 and entered into force three days later. Fifth 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.

European Maritime Single Window environment

18-12-2018

This briefing analyses the impact assessment accompanying the legislative proposal of the Commission to establish the European Maritime Single Window environment (EMSWe). The goal of the EMSWe is to decrease and harmonise throughout the EU, the reporting formalities and obligations of the maritime operators when calling at ports in the EU. The IA provides the overview of the main problems of the existing legislation and the policy options considered by the Commission to deal with them. Despite some ...

This briefing analyses the impact assessment accompanying the legislative proposal of the Commission to establish the European Maritime Single Window environment (EMSWe). The goal of the EMSWe is to decrease and harmonise throughout the EU, the reporting formalities and obligations of the maritime operators when calling at ports in the EU. The IA provides the overview of the main problems of the existing legislation and the policy options considered by the Commission to deal with them. Despite some minor inconsistencies, the IA provides a solid analysis of the current problems related to reporting obligations of ships when calling at a port.

Implementation of EIA Directive 2014/52/EUon the assessment of the effects of certain public and private projects on the environment

26-11-2018

Proper implementation of EU law is essential to deliver the EU policy goals as defined in the Treaties and secondary legislation. This briefing aims to give an overview of the transposition and implementation of Directive 2014/52/EU on the assessment of the effects of certain public and private projects on the environment (the EIA Directive). It presents the key elements of this Directive. The amendments brought by Directive 2014/52/EU to the previous legal text aim to improve the quality of Environmental ...

Proper implementation of EU law is essential to deliver the EU policy goals as defined in the Treaties and secondary legislation. This briefing aims to give an overview of the transposition and implementation of Directive 2014/52/EU on the assessment of the effects of certain public and private projects on the environment (the EIA Directive). It presents the key elements of this Directive. The amendments brought by Directive 2014/52/EU to the previous legal text aim to improve the quality of Environmental Impact Asessment reports and the information gathered, as well as to reinforce environmental protection in the assessment of the impacts on the environment.

Directive 2011/7/EU on late payments in commercial transactions

11-07-2018

Directive 2011/7/EU on late payments in commercial transactions (Late Payment Directive, (LPD)) strengthened European regulations first introduced in 2000 in favour of creditors. In addition to statutory interest, the application of which is still not automatic, maximum periods were established for payments in business-to-business transactions and those with public authorities, limiting contractual freedom, which is often abused by stronger companies. Following the largely correct transposition into ...

Directive 2011/7/EU on late payments in commercial transactions (Late Payment Directive, (LPD)) strengthened European regulations first introduced in 2000 in favour of creditors. In addition to statutory interest, the application of which is still not automatic, maximum periods were established for payments in business-to-business transactions and those with public authorities, limiting contractual freedom, which is often abused by stronger companies. Following the largely correct transposition into national law, the situation continues to vary between Member States with regard to average payment periods (especially from public authorities), and the level of implementation of additional voluntary measures (such as prompt payment codes). In the absence of harmonised measurement methods, business surveys and consultations indicate improving practices, but the attribution of this development to the LPD cannot be separated from broader economic contexts and cultural aspects easily. Further exchange of best practices and better monitoring of their effectiveness might facilitate future developments in the area of late payments, including legislative action.

Further harmonising EU insolvency law from a banking resolution perspective?

28-05-2018

Further to recent resolution and liquidation cases experienced in the Banking Union, both the Single Resolution Mechanism (SRM) and the Single Supervision Mechanism (SSM) have called for further harmonisation of insolvency law. In April 2018, the SRB stressed that “the divergence of national insolvency laws is a major obstacle towards a fully-fledged Banking Union”. As part of the SRM review due by 31 December 2018, the Commission shall “evaluate the necessity of taking steps order to harmonise insolvency ...

Further to recent resolution and liquidation cases experienced in the Banking Union, both the Single Resolution Mechanism (SRM) and the Single Supervision Mechanism (SSM) have called for further harmonisation of insolvency law. In April 2018, the SRB stressed that “the divergence of national insolvency laws is a major obstacle towards a fully-fledged Banking Union”. As part of the SRM review due by 31 December 2018, the Commission shall “evaluate the necessity of taking steps order to harmonise insolvency proceedings for failed institution”. This briefing explains why the completion of the Banking Union may need to be underpinned by further progress in harmonising Member States’ insolvency law. This briefing takes a ‘banking resolution’ perspective, and does not specifically address initiatives that the Commission has taken to improve the efficiency of Member States’ insolvency law framework (See separate EGOV briefing “Completing the Banking Union”).

European Maritime Single Window

14-05-2018

Reporting formalities for ships arriving in and/or departing from ports of the Member States are currently set out in Directive 2010/65/EU – the Reporting Formalities Directive (RFD). The directive aims to simplify and harmonise administrative procedures in maritime transport by introducing a single window for reporting formalities for ships. The European Commission's ex-post evaluation of the functioning of the directive showed that, eight years after its adoption, several serious problems are hampering ...

Reporting formalities for ships arriving in and/or departing from ports of the Member States are currently set out in Directive 2010/65/EU – the Reporting Formalities Directive (RFD). The directive aims to simplify and harmonise administrative procedures in maritime transport by introducing a single window for reporting formalities for ships. The European Commission's ex-post evaluation of the functioning of the directive showed that, eight years after its adoption, several serious problems are hampering its harmonised application throughout the EU. The main problem drivers are (1) an unsatisfactory level of national and EU harmonisation, (2) the limited scope of the directive and (3) an inefficient use of the received data by national authorities of Member States. The European Parliament has already underlined the need for simplification and harmonisation of administrative requirements for ships in maritime transport. The European Commission intends to address the problems identified to date by submitting a legislative proposal to revise the RFD in the second quarter of 2018.

Review of the Directive on the Re-use of Public Sector Information (Directive 2013/37/EU)

25-04-2018

The Directive on the re-use of public sector information 2013/37/EU (PSI Directive) provides a common legal framework for a European market for public sector information. It entered into force on 17 July 2013 following a review of the initial PSI Directive of 17 November 2003. This implementation appraisal is written in anticipation of the second review of the directive, the plans for which are likely to be presented by the end of April 2018 as part of a broader package targeting the data economy ...

The Directive on the re-use of public sector information 2013/37/EU (PSI Directive) provides a common legal framework for a European market for public sector information. It entered into force on 17 July 2013 following a review of the initial PSI Directive of 17 November 2003. This implementation appraisal is written in anticipation of the second review of the directive, the plans for which are likely to be presented by the end of April 2018 as part of a broader package targeting the data economy. The upcoming review will attempt to identify opportunities for reducing regulatory costs and for simplifying the existing legislation without negatively affecting the achievements of the underlying policy goals. The ongoing evaluation of the Directive on the legal protection of databases 96/9/EC (Database Directive) will feed into the review by identifying potential issues with the interplay between the PSI and Database Directives. The Commission has also announced that the PSI review will be aligned with the follow-up actions to the REFIT mid-term policy evaluation of Directive 2007/2/EC, 'INSPIRE' (Directive establishing an Infrastructure for Spatial Information in the European Community). For these reasons, both these directives have been included in this appraisal.

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