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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.

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.

Mutual recognition of freezing and confiscation orders

12-12-2018

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, ...

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, provisional agreement was reached in interinstitutional negotiations and the European Parliament voted the agreed text on 4 October 2018. The Council followed suit on 6 November 2018. The final act was signed on 14 November and published in the Official Journal of the EU on 28 November 2018. The regulation will apply 24 months after its entry into force, namely from 19 December 2020. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Regulation (EC) 1107/2009 on the Placing of Plant Protection Products on the Market

24-04-2018

Regulation (EC) 1107/2009 lays down the main instruments for placing effective plant protection products (using pesticide substances) on the market that are safe for humans, animals and the environment, while at the same time ensuring effective functioning of the internal market and improved agricultural production. This European Implementation Assessment found that the above objectives, while largely relevant to real needs, are not being achieved in practice. In particular, implementation of the ...

Regulation (EC) 1107/2009 lays down the main instruments for placing effective plant protection products (using pesticide substances) on the market that are safe for humans, animals and the environment, while at the same time ensuring effective functioning of the internal market and improved agricultural production. This European Implementation Assessment found that the above objectives, while largely relevant to real needs, are not being achieved in practice. In particular, implementation of the main instruments of the regulation – substance approval, plant protection products authorisation and enforcement of the regulatory decisions taken in the frame of the approvals and authorisations, is problematic, which also affect other related EU policies. Nevertheless, despite the implementation challenges observed, stakeholders – including national competent authorities, health/environment NGOs, manufacturers of substances and plant protection products and their users (farmers) – agree that the EU is the appropriate level at which regulatory action in the field of pesticides (used in plant protection products) should continue to take place.

Ārējais autors

Annex I written by Florent PELSY and Lise OULÈS from Milieu Ltd (Belgium) and Evelyn UNDERWOOD (Institute for European Environmental Policy, IEEP). Annex II written by Dr Emanuela BOZZINI (University of Trento, Italy). Annex III written by Dr Olivia HAMLYN (University of Leicester, United Kingdom). Annex IV written by Dr Dovilė RIMKUTĖ (University of Leiden, The Netherlands)

Mutual recognition of goods lawfully marketed in another Member State

06-04-2018

An initial appraisal of the impact assessment accompanying the Commission proposal clearly defines the problem, as well as the general and specific objectives. Operational objectives appear to be relevant and achievable, even though they appear not to be entirely set according to the recommendations included in the better regulation toolbox. The IA presents a reasonable range of options and choses a combination of soft law measures and legislative changes (options 2 and 4). Among the measures proposed ...

An initial appraisal of the impact assessment accompanying the Commission proposal clearly defines the problem, as well as the general and specific objectives. Operational objectives appear to be relevant and achievable, even though they appear not to be entirely set according to the recommendations included in the better regulation toolbox. The IA presents a reasonable range of options and choses a combination of soft law measures and legislative changes (options 2 and 4). Among the measures proposed, the introduction of a declaration of compliance could have benefited from further substantiation of its added value. While an SME test was conducted, the analysis regarding the impact on competitiveness is largely missing. The Commission has consulted a broad range of stakeholders, whose views have been extensively analysed and illustrated. The research, analysis, and supporting evidence included or referenced in the IA provide ample and detailed insights on the different issues considered, making the overall analysis, and the assessments of the retained options, reasonably sound.

Ārējais autors

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Tiesu iestāžu sadarbība krimināllietās

01-03-2018

Tiesu iestāžu sadarbība krimināllietās ir balstīta uz tiesas spriedumu un nolēmumu savstarpējas atzīšanas principu, un viens no tās pasākumiem ir dalībvalstu tiesību aktu tuvināšana vairākās jomās. Lisabonas līgums satur konkrētāku krimināltiesību telpas izveides pamatu, vienlaikus Eiropas Parlamentam paredzot arī jaunas pilnvaras.

Tiesu iestāžu sadarbība krimināllietās ir balstīta uz tiesas spriedumu un nolēmumu savstarpējas atzīšanas principu, un viens no tās pasākumiem ir dalībvalstu tiesību aktu tuvināšana vairākās jomās. Lisabonas līgums satur konkrētāku krimināltiesību telpas izveides pamatu, vienlaikus Eiropas Parlamentam paredzot arī jaunas pilnvaras.

Authorisation of pesticides in the EU: With a focus on glyphosate

01-02-2018

In the European Union, plant protection products, often referred to as 'pesticides', are subject to a dual approval process: active substances are approved at European Union (EU) level, provided they meet a number of criteria. Commercial plant protection products containing one or more active substances are subsequently authorised at Member State level if they satisfy certain conditions. A controversy has emerged since 2015 over the renewal of the approval of glyphosate. One of the active substances ...

In the European Union, plant protection products, often referred to as 'pesticides', are subject to a dual approval process: active substances are approved at European Union (EU) level, provided they meet a number of criteria. Commercial plant protection products containing one or more active substances are subsequently authorised at Member State level if they satisfy certain conditions. A controversy has emerged since 2015 over the renewal of the approval of glyphosate. One of the active substances most commonly found in broad-spectrum herbicides in the world, glyphosate is mainly used in agriculture. The controversy started as a result of diverging assessments of its carcinogenicity: the International Agency for Research on Cancer, a branch of the World Health Organization, classified glyphosate as probably carcinogenic to humans, while the European Food Safety Authority found it unlikely to pose a carcinogenic hazard to humans. The European Chemicals Agency later concluded that glyphosate did not classify as a carcinogen. Several national authorities outside the EU also came to the same conclusion. The European Commission eventually renewed the approval of glyphosate for five years in December 2017. The views of stakeholders and Member States on the topic have been strongly divided. The European Parliament has called for phasing out all uses of glyphosate by the end of 2022. Parliament is expected to vote, in February 2018, on the creation of a special committee on the Union's authorisation procedure for pesticides.

Free movement of goods within the EU single market

19-01-2018

The free movement of goods is one of the four fundamental freedoms of the EU – together with services, capital and people – and a cornerstone of the single market. The rationale of an open market throughout the EU has always been to assist economic growth and competitiveness and therefore promote employment and prosperity. Legislation on the single market for goods (based mainly on Article 28 of the Treaty on the Functioning of the European Union, TFEU) aims at ensuring that products placed on the ...

The free movement of goods is one of the four fundamental freedoms of the EU – together with services, capital and people – and a cornerstone of the single market. The rationale of an open market throughout the EU has always been to assist economic growth and competitiveness and therefore promote employment and prosperity. Legislation on the single market for goods (based mainly on Article 28 of the Treaty on the Functioning of the European Union, TFEU) aims at ensuring that products placed on the EU market conform to high health, safety and environmental requirements. Once a product is sold legally in the EU, it should circulate without barriers to trade, with a minimum of administrative burden

Recast of the Brussels IIa Regulation

10-01-2018

On 21 November 2017, Parliament's Committee on Legal Affairs adopted its report on the Commission proposal for a recast Brussels IIa Regulation concerning the 'free movement' of judgments in non-patrimonial family matters. Since a special legislative procedure applies, the European Parliament is only consulted; it is expected to vote during its January plenary session.

On 21 November 2017, Parliament's Committee on Legal Affairs adopted its report on the Commission proposal for a recast Brussels IIa Regulation concerning the 'free movement' of judgments in non-patrimonial family matters. Since a special legislative procedure applies, the European Parliament is only consulted; it is expected to vote during its January plenary session.

The implications of the United Kingdom’s withdrawal from the European Union for the Area of Freedom, Security and Justice

19-12-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, appraises the implications of the United Kingdom’s withdrawal from the European Union for the Area of Freedom, Security and Justice and protection of personal data for law enforcement purposes. It maps the various policy areas in which the UK is currently participating and analyses the requirements for the disentanglement of the UK from them ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, appraises the implications of the United Kingdom’s withdrawal from the European Union for the Area of Freedom, Security and Justice and protection of personal data for law enforcement purposes. It maps the various policy areas in which the UK is currently participating and analyses the requirements for the disentanglement of the UK from them, as well as the prerequisites for possible UK participation in AFSJ policies after withdrawal. Furthermore, it provides an assessment of the political and operational impact of Brexit for the EU in the Area of Freedom, Security and Justice.

Ārējais autors

Susie ALEGRE; Prof. Didier BIGO; Prof. Elspeth GUILD; Elif MENDOS KUSKONMAZ; Hager BEN JAFFEL; Dr. Julien JEANDESBOZ (CCLS, Université Libre de Bruxelles) acted as administrative coordinator for this study and Ife KUBLER provided research assistance.

Gaidāmie notikumi

20-11-2019
Europe's Future: Where next for EU institutional Reform?
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