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Copyright in the digital single market

14-06-2019

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market, on 14 September 2016. Stakeholders and academics were strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules, including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim ...

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market, on 14 September 2016. Stakeholders and academics were strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules, including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim remuneration for the online use of their publications (Article 15), and 2) the imposition of content monitoring measures on online platforms such as YouTube, which seeks to resolve the 'value gap' and help rights-holders to better monetise and control the distribution of their content online (Article 17). Furthermore, in addition to the mandatory exception for text and data mining for research purposes proposed by the Commission in its proposal, the co legislators agreed to enshrine in EU law another mandatory exception for general text and data mining (Article 4) in order to contribute to the development of data analytics and artificial intelligence. The European Parliament (in plenary) and the Council approved the compromise text in March 2019 and in April 2019 respectively. The directive was published on 15 May 2019 in the Official Journal of the European Union, and all Member States must transpose the new rules into their national law by June 2021. Fifth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Revision of the European Electronic Tolling Service (EETS) Directive

25-04-2019

On 31 May 2017, the Commission adopted a proposal for a directive on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union. It was presented within the context of the Commission's first 'Europe on the Move' package that seeks to modernise mobility and transport. Tying in with the 2015 energy union strategy and the Commission's 2016 European strategy for low emission mobility, and announced in the 2017 ...

On 31 May 2017, the Commission adopted a proposal for a directive on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union. It was presented within the context of the Commission's first 'Europe on the Move' package that seeks to modernise mobility and transport. Tying in with the 2015 energy union strategy and the Commission's 2016 European strategy for low emission mobility, and announced in the 2017 Commission work programme, the revision of the European Electronic Tolling Service (EETS) was presented together with the revision of the directive on the charging of heavy goods vehicles for the use of certain infrastructures (the Eurovignette Directive). Interinstitutional (trilogue) negotiations concluded on 20 November 2018. The agreed text was formally adopted by Parliament on 14 February 2019 and by Council on 4 March 2019. The final act was then published in the Official Journal on 29 March 2019. Member States now have until 19 October 2021 to apply the directive’s measures in their national laws.

Connecting Europe Facility 2021-2027: Financing key EU infrastructure networks

08-04-2019

The EU supports the development of high-performing, sustainable and interconnected trans-European networks in the areas of transport, energy and digital infrastructure. The trans-European networks policy was consolidated in 2013, and the Connecting Europe Facility (CEF) set up as a dedicated financing instrument to channel EU funding into the development of infrastructure networks, help eliminate market failures and attract further investment from the public and private sectors. Following a mid-term ...

The EU supports the development of high-performing, sustainable and interconnected trans-European networks in the areas of transport, energy and digital infrastructure. The trans-European networks policy was consolidated in 2013, and the Connecting Europe Facility (CEF) set up as a dedicated financing instrument to channel EU funding into the development of infrastructure networks, help eliminate market failures and attract further investment from the public and private sectors. Following a mid-term evaluation, which confirmed the CEF programme's capacity to bring significant EU added value, the European Commission proposed to renew the programme under the next long term EU budget. The Transport Council of 3 December 2018 agreed a partial general approach on the proposal, excluding financial and horizontal issues, which are still under discussion as part of the EU budget for 2021-2027. The European Parliament adopted its negotiating position on 12 December 2018. Interinstitutional negotiations (trilogues) concluded on 8 March with a partial provisional agreement on the architecture of the future programme. Having been endorsed by Coreper and jointly by the Parliament's TRAN and ITRE committees, the agreement is due to be voted at first reading by Parliament in April. The remaining issues will have to be agreed at second reading. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Regulating online TV and radio broadcasting

22-03-2019

In December 2018, the co-legislators reached an agreement on a European Commission proposal for facilitating the cross-border provision of online TV and radio content. The co-legislators agreed to extend the 'country of origin' principle to a limited set of online services, and to facilitate the licensing of retransmission services over the internet under certain conditions. Furthermore, at the request of the European Parliament, the compromise text contains new rules on 'direct injection', a process ...

In December 2018, the co-legislators reached an agreement on a European Commission proposal for facilitating the cross-border provision of online TV and radio content. The co-legislators agreed to extend the 'country of origin' principle to a limited set of online services, and to facilitate the licensing of retransmission services over the internet under certain conditions. Furthermore, at the request of the European Parliament, the compromise text contains new rules on 'direct injection', a process used increasingly by broadcasters to transmit their programmes to the public. The compromise also includes a change of the instrument from a regulation into a directive in order to leave flexibility to the Member States to implement the new rules on 'direct injection'. The Member States' negotiators and the Legal Affairs Committee (JURI) endorsed the political agreement in January 2019. The compromise text must now gain the approval of the European Parliament during the March II plenary session. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Common rules for the internal electricity market

14-03-2019

On 30 November 2016, the European Commission presented a legislative proposal for a recast directive on the internal market for electricity, as part of a comprehensive legislative package entitled ‘Clean Energy for all Europeans’. The proposed directive would oblige Member States to ensure a more competitive, customer-centred, flexible and non-discriminatory EU electricity market with market-based supply prices. It would strengthen existing customer rights, introduce new ones and provide a framework ...

On 30 November 2016, the European Commission presented a legislative proposal for a recast directive on the internal market for electricity, as part of a comprehensive legislative package entitled ‘Clean Energy for all Europeans’. The proposed directive would oblige Member States to ensure a more competitive, customer-centred, flexible and non-discriminatory EU electricity market with market-based supply prices. It would strengthen existing customer rights, introduce new ones and provide a framework for energy communities. Member States would have to monitor and address energy poverty. The proposal clarifies the tasks of distribution system operators and emphasises the obligation of neighbouring national regulators to cooperate on issues of cross-border relevance. The Council adopted its general approach in December 2017. In the European Parliament, the Committee on Industry, Research and Energy (ITRE) adopted its report in February 2018. A provisional trilogue agreement was reached on 17 December 2018. Parliament is expected to vote on this agreement during the March II 2019 plenary session. Third 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.

ENISA and a new cybersecurity act

26-02-2019

In September 2017, the Commission adopted a cybersecurity package with new initiatives to further improve EU cyber-resilience, deterrence and defence. As part of these, the Commission tabled a legislative proposal to strengthen the EU Agency for Network Information Security (ENISA). Following the adoption of the Network Information Security Directive in 2016, ENISA is expected to play a broader role in the EU’s cybersecurity landscape but is constrained by its current mandate and resources. The Commission ...

In September 2017, the Commission adopted a cybersecurity package with new initiatives to further improve EU cyber-resilience, deterrence and defence. As part of these, the Commission tabled a legislative proposal to strengthen the EU Agency for Network Information Security (ENISA). Following the adoption of the Network Information Security Directive in 2016, ENISA is expected to play a broader role in the EU’s cybersecurity landscape but is constrained by its current mandate and resources. The Commission presented an ambitious reform proposal, including a permanent mandate for the agency, to ensure that ENISA can not only provide expert advice, as has been the case until now, but can also perform operational tasks. The proposal also envisages the creation of the first voluntary EU cybersecurity certification framework for ICT products, where ENISA will also play an important role. Within the European Parliament, the Industry, Research and Energy Committee adopted its report on the proposal in July. A agreement was reached with the Council during the fifth trilogue meeting, on 10 December 2018, and this was approved by ITRE committee on 14 January. The vote in plenary on this text is scheduled in March 2019. Third 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.

Body of European Regulators for Electronic Communications (BEREC)

31-01-2019

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC). The proposal aims at transforming BEREC into a fully fledged agency. The Commission proposes allocating new tasks to BEREC and granting it legally binding powers. New tasks include providing guidelines for national regulatory authorities (NRAs) on geographical surveys, developing common approaches to meet end-user interests, and also developing common ...

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC). The proposal aims at transforming BEREC into a fully fledged agency. The Commission proposes allocating new tasks to BEREC and granting it legally binding powers. New tasks include providing guidelines for national regulatory authorities (NRAs) on geographical surveys, developing common approaches to meet end-user interests, and also developing common approaches to deliver peer-reviewed opinions on draft national measures (e.g. radio spectrum assignments) and on cross-border disputes. In June 2018, Parliament and Council found a compromise in trilogue. The BEREC office will have legal personality, but not BEREC itself, which remains a body of NRAs. Parliament and Council also agreed on giving new tasks to BEREC and on moving from simple majority to two-thirds majority for key decisions of the Board of Regulators and of the Management Board. The final act was signed on 10 December 2018, and entered into force on 20 December 2018. 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.

The new European electronic communications code

16-01-2019

European telecom rules were last updated in 2009. To make them fit for the digital era the Commission proposed a new Electronic Communications Code in September 2016. The provisional agreement reached in June 2018 was adopted by the Parliament and then by the Council in November 2018. Member States have until 21 December 2020 to transpose the new directive into national legislation. The new rules include measures to stimulate investment in and take-up of very high capacity networks in the EU as well ...

European telecom rules were last updated in 2009. To make them fit for the digital era the Commission proposed a new Electronic Communications Code in September 2016. The provisional agreement reached in June 2018 was adopted by the Parliament and then by the Council in November 2018. Member States have until 21 December 2020 to transpose the new directive into national legislation. The new rules include measures to stimulate investment in and take-up of very high capacity networks in the EU as well as new spectrum rules for mobile connectivity and 5G. The Code also ensures that all citizens have access to affordable communication, including the internet. It increases consumer protection and security for users and facilitates regulatory intervention. Furthermore, it introduces a 'reverse 112 system' which would alert citizens by text message in case of imminent serious emergencies or disasters (from June 2022). During negotiations the Parliament secured for citizens cheaper caps for intra-EU calls and SMS from 15 May 2019. 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.

Establishing the Connecting Europe Facility 2021-2027

13-11-2018

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposal for establishing the Connecting Europe Facility (CEF) for the 2021-2027 period. CEF is an EU funding instrument designed to promote and part-finance the construction of pivotal cross border transport, energy and telecommunications infrastructure links between the EU's Member States. The proposal intends to support the achievement of the EU policy objectives in the ...

This initial appraisal assesses the strengths and weaknesses of the European Commission's impact assessment accompanying its proposal for establishing the Connecting Europe Facility (CEF) for the 2021-2027 period. CEF is an EU funding instrument designed to promote and part-finance the construction of pivotal cross border transport, energy and telecommunications infrastructure links between the EU's Member States. The proposal intends to support the achievement of the EU policy objectives in the transport, energy and digital sectors as regards the trans-European networks and to support cross-border cooperation between Member States on renewables planning and deployment. The appraisal concludes that the impact assessment (IA) provides a good description of the policy challenges of the new CEF based on the mid-term evaluation of the programme. The IA envisages a change in the scope for the digital and energy sectors. Alternative options are identified for the energy sector only. The IA would have benefited from better illustrating if, and in case how, the preferred option would take advantage from the existing, or forthcoming, legislation in establishing the envisaged enabling framework for cross-border cooperation on renewables. The IA does not discuss social or environmental impacts of the proposed measures and economic impacts are discussed for the energy sector only. Potential impacts on SMEs are not discussed, although SMEs might have deserved some analysis considering the specific objectives of the trans-European networks for the digital sector. An analysis regarding the impact on competitiveness appears to be missing as well. The final version of the IA appears to have addressed almost entirely the improvements requested by the Regulatory Scrutiny Board.

Roaming: One Year After Implementation

12-11-2018

This in-depth analysis was prepared by Policy Department A at the request of the ITRE Committee. It examines the impacts one year after implementation of the EU’s Roaming Regulation that introduced Roam Like at Home (RLAH), by reviewing both the retail and wholesale markets. The retail roaming market was found to be performing well for most stakeholders. However, in the wholesale market, adjusting the wholesale price cap is necessary so that MVNOs may compete more effectively.

This in-depth analysis was prepared by Policy Department A at the request of the ITRE Committee. It examines the impacts one year after implementation of the EU’s Roaming Regulation that introduced Roam Like at Home (RLAH), by reviewing both the retail and wholesale markets. The retail roaming market was found to be performing well for most stakeholders. However, in the wholesale market, adjusting the wholesale price cap is necessary so that MVNOs may compete more effectively.

Externý autor

Colin Blackman and Simon Forge

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