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Directive on security of network and information systems (NIS Directive)

10-11-2020

Directive on security of network and information systems across the Union (Directive (EU) 2016/1148, NIS Directive) is the first horizontal EU cybersecurity legal act, which will be reviewed in 2020 with the aim to increase cybersecurity in the EU. The NIS Directive entered into force in August 2016 and Members States transposed it into national laws by 9 May 2018. The NIS Directive was designed to improve Member States' cybersecurity capabilities; the cooperation between Member States; and Member ...

Directive on security of network and information systems across the Union (Directive (EU) 2016/1148, NIS Directive) is the first horizontal EU cybersecurity legal act, which will be reviewed in 2020 with the aim to increase cybersecurity in the EU. The NIS Directive entered into force in August 2016 and Members States transposed it into national laws by 9 May 2018. The NIS Directive was designed to improve Member States' cybersecurity capabilities; the cooperation between Member States; and Member States' supervision of critical sectors. The Directive established a culture of risk management and incident reporting among key economic actors - operators providing essential services (OES) and Digital Service Providers (DSPs). The Directive also set out cooperation mechanisms, such as the NIS Cooperation Group and the network of national computer security incident response teams (CSIRTs).

Revision of the TEN-E Regulation

27-10-2020

The general objective of TEN-E policy is to link the energy infrastructure of EU countries. The current guidelines for the trans-European energy infrastructure were established by Regulation (EU) No 347/2013 (the TEN-E Regulation). The European Commission is currently carrying out a multi-step revision process of the regulation, with a view to making the EU energy infrastructure fully consistent with and a driver for the EU's 2050 climate neutrality ambition. In this respect, a new proposal is expected ...

The general objective of TEN-E policy is to link the energy infrastructure of EU countries. The current guidelines for the trans-European energy infrastructure were established by Regulation (EU) No 347/2013 (the TEN-E Regulation). The European Commission is currently carrying out a multi-step revision process of the regulation, with a view to making the EU energy infrastructure fully consistent with and a driver for the EU's 2050 climate neutrality ambition. In this respect, a new proposal is expected by the end of 2020.

EU Defence Package: Defence Procurement and Intra-Community Transfers Directives

19-10-2020

This study examines the implementation of the European Union (EU) defence package, which consists of the Defence Procurement Directive 2009/81/EC and the Intra-Community Transfers Directive 2009/43/EC, during the period from 2016 to 2020. It is organised in two parts. The first part of the study, prepared internally, examines the evaluations carried out on the implementation of the two directives to identify persisting challenges. It surveys institutional and policy novelties in the field of EU defence ...

This study examines the implementation of the European Union (EU) defence package, which consists of the Defence Procurement Directive 2009/81/EC and the Intra-Community Transfers Directive 2009/43/EC, during the period from 2016 to 2020. It is organised in two parts. The first part of the study, prepared internally, examines the evaluations carried out on the implementation of the two directives to identify persisting challenges. It surveys institutional and policy novelties in the field of EU defence cooperation so as to place the implementation of the two directives in context, and then examines Parliament's oversight work. It goes on to lay out the main elements that are likely to affect the future of EU defence industrial cooperation, and provides options for moving forward. The second part of the study, which was outsourced, is based on primary research (a survey and interviews) and aims to assess the effectiveness, efficiency, relevance and added value of the Defence Procurement Directive and the Intra-Community Transfers Directive. It also seeks to identify limitations and challenges, and explore – where possible – the links between the implementation of the two directives.

Batteries Directive

01-10-2020

The EU should create a competitive and sustainable battery manufacturing industry. The EU needs, therefore, a regulatory framework fit for purpose. However, this briefing shows that the design and implementation of the Batteries Directive, which is the main legal act regulating batteries and accumulators at EU level, suffer from deficiencies that makes it impossible for this piece of EU law to adequately respond to new policy challenges. Some of the most pertinent shortcomings of the directive relate ...

The EU should create a competitive and sustainable battery manufacturing industry. The EU needs, therefore, a regulatory framework fit for purpose. However, this briefing shows that the design and implementation of the Batteries Directive, which is the main legal act regulating batteries and accumulators at EU level, suffer from deficiencies that makes it impossible for this piece of EU law to adequately respond to new policy challenges. Some of the most pertinent shortcomings of the directive relate to its incapacity to incorporate technical innovation, problems with certain definitions, the performance of Member States as regards the collection of waste batteries, as well as the insufficient recovery of materials from used batteries. Therefore, the Commission has scheduled a revision of the legal framework.

Review of the Benchmark Regulation

01-10-2020

On 27 July 2017, the UK Financial Conduct Authority (FCA) announced its resolution to phase out the London Interbank Offered Rate (LIBOR) by the end of 2021. As supervisor of the LIBOR, the FCA wanted to allow for a smooth transition to alternative reference rates of this widely used benchmark. On 24 July 2020, the European Commission adopted a proposal to amend the Benchmarks, Regulation. The most important part of this proposal is to regulate the replacement rate of a benchmark in cessation (in ...

On 27 July 2017, the UK Financial Conduct Authority (FCA) announced its resolution to phase out the London Interbank Offered Rate (LIBOR) by the end of 2021. As supervisor of the LIBOR, the FCA wanted to allow for a smooth transition to alternative reference rates of this widely used benchmark. On 24 July 2020, the European Commission adopted a proposal to amend the Benchmarks, Regulation. The most important part of this proposal is to regulate the replacement rate of a benchmark in cessation (in this case: LIBOR) and to avoid a legal vacuum. This amendment would empower the European Commission to designate, by an implementing act, a statutory replacement rate to replace the reference to the benchmark in cessation, if this cessation may result in significant disruption of financial markets in the Union.

Single market information tool (SMIT)

30-09-2020

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. The European Commission withdrew this legislative proposal on 29 September 2020. The procedure has thus ended.

Implementation of Directive 2011/36/EU: Migration and gender issues

15-09-2020

Directive 2011/36/EU (Anti-Trafficking Directive) is the benchmark legislation on the fight against human trafficking at European level. The aim of this European implementation assessment is to gather evidence on the progress and challenges that occur in the implementation of the directive in the Member States, with a double focus: the migratory context and gender issues. Almost 10 years after its adoption, the Anti-Trafficking Directive remains a valuable tool in combating trafficking in human beings ...

Directive 2011/36/EU (Anti-Trafficking Directive) is the benchmark legislation on the fight against human trafficking at European level. The aim of this European implementation assessment is to gather evidence on the progress and challenges that occur in the implementation of the directive in the Member States, with a double focus: the migratory context and gender issues. Almost 10 years after its adoption, the Anti-Trafficking Directive remains a valuable tool in combating trafficking in human beings in the European Union (EU). Nevertheless, the evaluation points out the need to continue efforts to ensure the application of its provisions in all the directive's main aspects. The persisting grey areas and obstacles are significant enough to put the full achievement of the directive's objectives at risk.

Implementation of the roadworthiness package: European implementation assessment

10-09-2020

Road transport is the most common means of transport in the EU, as well as the most important cause of accidents. In this respect, the European Union has developed a transport policy oriented towards safety and security through common standards and rules. A roadworthiness package was adopted at European level in 2014, aimed at improving road safety through common rules on periodic roadworthiness tests for motor vehicles and their trailers (Directive 2014/45/EU), vehicle registration documents (Directive ...

Road transport is the most common means of transport in the EU, as well as the most important cause of accidents. In this respect, the European Union has developed a transport policy oriented towards safety and security through common standards and rules. A roadworthiness package was adopted at European level in 2014, aimed at improving road safety through common rules on periodic roadworthiness tests for motor vehicles and their trailers (Directive 2014/45/EU), vehicle registration documents (Directive 2014/46/EU), and roadside inspections of commercial vehicles (Directive 2014/47/EU). The purpose of this European implementation assessment is to check whether the transposition of safety measures included in the package has led to common standards in practice, as well as to assess the current functioning of the exchange of information and the mutual recognition of technical controls between Member States.

The Return Directive 2008/115/EC

07-07-2020

In November 2019, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the 'Return Directive'). The Return Directive aims at ensuring that the return of non-EU nationals without legal grounds to stay in the EU is carried out effectively, through fair and transparent procedures that fully respect the ...

In November 2019, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the 'Return Directive'). The Return Directive aims at ensuring that the return of non-EU nationals without legal grounds to stay in the EU is carried out effectively, through fair and transparent procedures that fully respect the fundamental rights and dignity of the people concerned. Tineke Strik (Greens/EFA, the Netherlands) was appointed as rapporteur. Implementation reports by European Parliament committees are routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Evaluation Unit of the European Parliament's Directorate-General for Parliamentary Research Services (EPRS). This EPRS European Implementation Assessment finds several protection gaps and shortcomings regarding the four key measures of the Return Directive – return decision, enforcement of the return decision, entry ban, and detention – which may lead to fundamental rights violations for irregular migrants. Moreover, EU return and readmission policy has increasingly resorted to informal cooperation in the external policy dimension. There have been, and continue to be, rule of law, fundamental rights, budgetary and external affairs implications flowing from the pursuit, conclusion and implementation of EU readmission agreements and agreements having equivalent effect with third countries.

Substantive Elements of Potential Legislation on Human Rights Due Diligence

24-04-2020

This briefing provides an overview of the existing legislative approaches to mandatory Human Rights Due Diligence and proposals by non-state actors, concerning the scope of potential European Union (EU) legislation on binding human rights due diligence (HRDD) obligations for companies. The briefing discusses key substantive elements of potential EU HRDD legislation including options for human rights covered by the due diligence requirement; types of violations; specific references regarding women ...

This briefing provides an overview of the existing legislative approaches to mandatory Human Rights Due Diligence and proposals by non-state actors, concerning the scope of potential European Union (EU) legislation on binding human rights due diligence (HRDD) obligations for companies. The briefing discusses key substantive elements of potential EU HRDD legislation including options for human rights covered by the due diligence requirement; types of violations; specific references regarding women and persons in vulnerable situations and the duties of companies to respect and protect human rights. It is recommended that a potential EU HRDD legislation should comprise all human rights and cover all types of violations. The legislation should refer to additional duties, which can be based on existing human rights treaties and instruments such as CEDAW, CRC, CRPD and UNDRIP. The legislation should cover all companies independently of their size and take a non-sector specific approach. Furthermore, the legislation should not apply solely to the company’s own activities, but also to its business relations including the value chain. Finally, the legislation should adopt a substantive due diligence model and require companies to engage actively in analysing, mitigating and remedying any adverse impacts on human rights based on their own activities and connected to them in their business relations.

Externí autor

Prof. Dr. Markus KRAJEWSKI, Beata FARACIK

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