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Review of EU Enforcement Regulation for trade disputes

11-01-2021

On 12 December 2019, the European Commission adopted a proposal to amend Regulation (EU) No 654/2014 concerning the exercise of the EU's rights for the application and enforcement of international trade rules ('the Enforcement Regulation') of 15 May 2014. The Enforcement Regulation enables the EU to suspend or withdraw concessions or other obligations under international trade agreements in order to respond to breaches by third countries of international trade rules that affect the EU's commercial ...

On 12 December 2019, the European Commission adopted a proposal to amend Regulation (EU) No 654/2014 concerning the exercise of the EU's rights for the application and enforcement of international trade rules ('the Enforcement Regulation') of 15 May 2014. The Enforcement Regulation enables the EU to suspend or withdraw concessions or other obligations under international trade agreements in order to respond to breaches by third countries of international trade rules that affect the EU's commercial interests. The proposed amendments would enable the EU to impose counter-measures in situations where EU trade partners violate international trade rules and block the dispute settlement procedures included in multilateral, regional and bilateral trade agreements, thus preventing the EU from obtaining final binding rulings in its favour. The latter are required under the current EU regulation to enforce international trade rules. The Council adopted its negotiating position on 8 April 2020, and the Committee on International Trade (INTA) of the European Parliament adopted its position on 6 July 2020. Trilogue negotiations concluded on 28 October with a provisional agreement, which INTA endorsed on 10 November. Parliament is now set to vote on adopting the agreed text during the January 2021 part-session. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Technical Support Instrument

10-11-2020

On 28 May 2020, the European Commission adopted a proposal for a regulation on a Technical Support Instrument that would provide Member States with technical support to strengthen their institutional and administrative capacity in designing and implementing reforms. In the context of the 'Next Generation EU' recovery plan, it would support them to prepare and implement recovery and resilience plans, and make reforms and investments related to the green and digital transitions. Modelled on an instrument ...

On 28 May 2020, the European Commission adopted a proposal for a regulation on a Technical Support Instrument that would provide Member States with technical support to strengthen their institutional and administrative capacity in designing and implementing reforms. In the context of the 'Next Generation EU' recovery plan, it would support them to prepare and implement recovery and resilience plans, and make reforms and investments related to the green and digital transitions. Modelled on an instrument proposed by the Commission in 2018, the Technical Support Instrument would replace the Structural Reform Support Programme that has helped implement over 1 000 reform projects in the Member States since 2017. Under the current Commission proposal, a budget of €864.4 million has been set aside for the instrument over the 2021-2027 period (by contrast, the Structural Reform Support Programme has a budget of €222.8 million for 2017-2020). The Council of the EU agreed its position on 22 July 2020. At the European Parliament, the Committee on Budgets (BUDG) and the Committee on Economic and Monetary Affairs (ECON) are working jointly on this file under Rule 58 of the Parliament's Rules of Procedure. On 1 October 2020, the joint committee adopted its final report and decided to enter into interinstitutional negotiations. The Parliament confirmed the decision in its first October plenary session. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

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.

Review of the Benchmark Regulation

06-10-2020

The European Commission's proposal to amend the existing Benchmark Regulation (BMR) aims to address the expected cessation of the widely used LIBOR critical benchmark, as the BMR does not provide mechanisms to manage the consequences of the cessation of such critical benchmarks. The BMR would be amended also to ensure that European Union banks and companies can continue using hedging tools against the volatility of currencies that are not freely convertible into their base currency after the expiry ...

The European Commission's proposal to amend the existing Benchmark Regulation (BMR) aims to address the expected cessation of the widely used LIBOR critical benchmark, as the BMR does not provide mechanisms to manage the consequences of the cessation of such critical benchmarks. The BMR would be amended also to ensure that European Union banks and companies can continue using hedging tools against the volatility of currencies that are not freely convertible into their base currency after the expiry of the transitional period at the end of 2021. The initiative is part of measures contributing to a capital markets union and an economy that works for people. The initial appraisal – which provides an analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the proposal – finds that the IA is underpinned by sound and recent data and extensive stakeholder consultations. The problem definition, objectives and policy options are clearly linked.

Solvency Support Instrument

06-10-2020

In May 2020, the European Commission adopted a proposal on a Solvency Support Instrument. The aim is to support otherwise viable companies in the Union that face solvency difficulties as a result of the coronavirus crisis, and to mitigate possible distortions to the single market and its level playing field. Such distortions are to be expected given the differing degree to which the Member States are affected and the likely unevenness of their responses, which may depend on their fiscal capacity ...

In May 2020, the European Commission adopted a proposal on a Solvency Support Instrument. The aim is to support otherwise viable companies in the Union that face solvency difficulties as a result of the coronavirus crisis, and to mitigate possible distortions to the single market and its level playing field. Such distortions are to be expected given the differing degree to which the Member States are affected and the likely unevenness of their responses, which may depend on their fiscal capacity and level of debt. The Commission proposes to increase the guarantee provided to the European Investment Bank under the European Fund for Strategic Investments and to use it to support financial intermediaries, which will then select companies eligible for solvency help. At the European Council meeting in July 2020, EU Heads of State or Government did not take up the idea of the solvency support instrument. Both the European Parliament and Commission President, Ursula von der Leyen, have expressed regret at this. Continuing the examination of the proposal in Parliament, the co-rapporteurs have published a draft report in which they propose to widen the scope of eligible companies and ensure fair geographical distribution.

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.

Reform of the Dublin system

30-09-2020

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current ...

The refugee and migrant crisis in Europe has exposed the need for reform of the Common European Asylum System, in general, and of the Dublin rules, in particular. The Commission’s proposal of 4 May 2016 to reform the Dublin system would not change the existing criteria for determining which Member State is responsible for examining an asylum application. Instead of a fundamental overhaul of the Dublin regime, as suggested by Parliament, the Commission proposed to streamline and supplement the current rules with a corrective allocation mechanism. This mechanism would be triggered automatically were a Member State to be faced with disproportionate numbers of asylum-seekers. If a Member State decided not to accept the allocation of asylum-seekers from another one under pressure, a ‘solidarity contribution’ per applicant would have to be made instead. An agreement on the balance between responsibility and solidarity regarding the distribution of asylum-seekers will be a cornerstone for the new EU asylum policy. Although Parliament’s LIBE committee adopted its positon in autumn 2017, the Council has been unable to reach a position on the proposal. Third edition of a briefing originally drafted by Detelin Ivanov. 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.

Country-specific recommendations: An overview - September 2020

22-09-2020

This note provides an overview of the country-specific recommendations issued annually to EU Member States under the European Semester for economic policy coordination. It presents how these recommendations evolved over time (2012-2020), including from the legal base perspective. Finally, it gives insights on the level of implementation of recommendations issued under the 2012-2019 European Semester cycles. The note is updated on a regular basis.

This note provides an overview of the country-specific recommendations issued annually to EU Member States under the European Semester for economic policy coordination. It presents how these recommendations evolved over time (2012-2020), including from the legal base perspective. Finally, it gives insights on the level of implementation of recommendations issued under the 2012-2019 European Semester cycles. The note is updated on a regular basis.

The CJEU judgment in the Schrems II case

15-09-2020

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on ...

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on SCCs must ensure that the data subject is granted a level of protection essentially equivalent to that guaranteed by the General Data Protection Regulation (GDPR) and the EU Charter of Fundamental Rights (CFR) – if necessary with additional measures to compensate for lacunae in protection of third-country legal systems. Failing that, operators must suspend the transfer of personal data outside the EU.

The impact of the General Data Protection Regulation (GDPR) on artificial intelligence

25-06-2020

This study addresses the relation between the EU General Data Protection Regulation (GDPR) and artificial intelligence (AI). It considers challenges and opportunities for individuals and society, and the ways in which risks can be countered and opportunities enabled through law and technology. The study discusses the tensions and proximities between AI and data protection principles, such as in particular purpose limitation and data minimisation. It makes a thorough analysis of automated decision-making ...

This study addresses the relation between the EU General Data Protection Regulation (GDPR) and artificial intelligence (AI). It considers challenges and opportunities for individuals and society, and the ways in which risks can be countered and opportunities enabled through law and technology. The study discusses the tensions and proximities between AI and data protection principles, such as in particular purpose limitation and data minimisation. It makes a thorough analysis of automated decision-making, considering the extent to which it is admissible, the safeguard measures to be adopted, and whether data subjects have a right to individual explanations. The study then considers the extent to which the GDPR provides for a preventive risk-based approach, focused on data protection by design and by default.

Išorės autorius

DG, EPRS_The study was led by Professor Giovanni Sartor, European University Institute of Florence, at the request of the Panel for the Future of Science and Technology (STOA) and managed by the Scientific Foresight Unit, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament. It was co-authored by Professor Sartor and Dr Francesca Lagioia, European University Institute of Florence, working under his supervision.

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