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The IA is based on solid internal and external sources, in particular several ESMA review reports, and stakeholder consultations. However, the definitions of both the problems and the objectives lack consistency and coherence, as the lines between problems, their drivers and consequences are blurred and objectives seem to overlap (and shift). This weakens the IA's intervention logic. The policy options presented to tackle the problems are assessed against two baseline scenarios, which is unusual. ...

After two negative opinions from the Commission's Regulatory Scrutiny Board and without making adaptations in the IA itself after the second negative opinion, the Commission adjusted its legislative proposal: the legislative framework for new buildings would conform largely to the preferred PO3 ('High ambition I'), while changes for existing buildings would conform broadly to PO2 ('Medium ambition'). The IA analyses the problem, the problem drivers and the likely impacts of the proposed policy options ...

The Network and Information Security (NIS) Directive is the first piece of EU-wide legislation on cybersecurity, and its specific aim was to achieve a high common level of cybersecurity across the Member States. While it increased the Member States' cybersecurity capabilities, its implementation proved difficult, resulting in fragmentation at different levels across the internal market. To respond to the growing threats posed with digitalisation and the surge in cyber-attacks, the Commission has ...

The IA provides a qualitative and quantitative assessment, which is based on the evaluation of the existing ITS Directive, the external supporting study, extensive stakeholder consultations, and various data sources. The IA informs openly about uncertainties and limitations in the analysis, for instance regarding estimates of administrative costs. The problem definition would have benefited from a further description of the expected consequences and evolution of the problem, and it would have been ...

The IA clearly identifies the problem that needs to be addressed and details the problem drivers. Furthermore, the IA discusses the evolution of the problem if the EU were to take no action. The IA relates the objectives with the problem/problem drivers in a supported manner. The options for the different policy areas to tackle appear to be sufficient and justified against the objectives. The assessment of the options retained for their economic, environmental and social impacts is thorough, but ...

This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, submitted on 8 March 2022 and referred to the European Parliament's Committee on Women's Rights and Gender Equality (FEMM). European Commission President Ursula von der Leyen announced in her political guidelines for the Commission's 2019-2024 term that the EU accession to the Council of Europe's Istanbul Convention on preventing ...

This study focuses on options for regulating the use of AI enabled and algorithmic management systems in the world of work under EU law. The first part describes how these technologies are already being deployed, particularly in recruitment, staff appraisal, task distribution and disciplinary procedures. It discusses some near-term potential development prospects and presents an impact assessment, highlighting some of these technologies' most significant implications. The second part addresses the ...

This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA), accompanying the above-mentioned proposals, adopted on 15 December 2021 and referred to the European Parliament's Committee on Industry, Research and Energy. The Commission proposals to recast the 2009 Gas Regulation (EC) 715/2009 on conditions for access to the natural gas transmission networks and Directive 2009/73/EC on common rules for the internal market in natural ...

The Commission demonstrates that the Schengen area has experienced considerable challenges in recent years and makes a convincing case for the need to act. It made an effort to substantiate the initiative and to consult widely. The IA is transparent about the lack of data, which results in a predominantly qualitative analysis. However, the presentation of options leaves, in fact, only the choice of the preferred option. Moreover, one would have expected a more in-depth assessment of impacts – a point ...

This initiative focuses specifically on the issue of economic coercion and the EU's possible response, aiming to preserve the EU's open strategic autonomy and policy-making space. The IA clearly defines the problem, its underlying causes, and the objectives to address it. The creation of a new legal instrument to deter and counteract economic coercion is the only type of option retained for analysis. This presumably follows on from the political commitment made in early 2021 (although this is not ...