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Regulation of OTC derivatives: Amending the European Market Infrastructure Regulation (EMIR)

28-06-2019

The European Market Infrastructure Regulation (EMIR – Regulation (EU) No 648/2012), adopted in 2012, forms part of the European regulatory response to the financial crisis, and specifically addresses the problems observed in the functioning of the 'over-the-counter' (OTC) derivatives market in the 2007-2008 period. In May 2017, after carrying out an extensive assessment of EMIR, the Commission proposed a regulation amending and simplifying it in the context of its Regulatory Fitness and Performance ...

The European Market Infrastructure Regulation (EMIR – Regulation (EU) No 648/2012), adopted in 2012, forms part of the European regulatory response to the financial crisis, and specifically addresses the problems observed in the functioning of the 'over-the-counter' (OTC) derivatives market in the 2007-2008 period. In May 2017, after carrying out an extensive assessment of EMIR, the Commission proposed a regulation amending and simplifying it in the context of its Regulatory Fitness and Performance (REFIT) programme, to address disproportionate compliance costs, transparency issues and insufficient access to clearing for certain counterparties. A provisional agreement was reached in trilogue on 5 February 2019. Parliament voted to approve that agreement on 18 April 2019 in plenary session and the Council subsequently adopted it on 14 May. The new regulation comes into force on 17 June 2019. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Recasting the Return Directive

14-06-2019

The Return Directive is the main piece of EU legislation governing the procedures and criteria to be applied by Member States when returning irregularly staying third-country nationals, and a cornerstone of the EU return policy. Taking into account the decrease in the EU return rate (45.8 % in 2016 and 36.6 % in 2017), and following European Council and Council calls to review the 2008 legal text to enhance the effectiveness of the EU return policy, in September 2018, the Commission proposed a targeted ...

The Return Directive is the main piece of EU legislation governing the procedures and criteria to be applied by Member States when returning irregularly staying third-country nationals, and a cornerstone of the EU return policy. Taking into account the decrease in the EU return rate (45.8 % in 2016 and 36.6 % in 2017), and following European Council and Council calls to review the 2008 legal text to enhance the effectiveness of the EU return policy, in September 2018, the Commission proposed a targeted recast of the directive aiming to 'reduce the length of return procedures, secure a better link between asylum and return procedures and ensure a more effective use of measures to prevent absconding'. In the 2014-2019 parliamentary term, the Civil Liberties, Justice and Home Affairs Committee discussed some 654 amendments to the proposal, tabled in February 2019 following the publication of the rapporteur's draft report. However, since the committee did not adopt a report at that time, the new Parliament will have to decide how to approach the file (with a new rapporteur). In the meantime, the Council has reached a partial general approach on the proposal. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Spirit drinks: Definition, labelling and geographical indications

28-05-2019

In December 2016, the European Commission proposed to replace Regulation (EC) No 110/2008 – the Spirit Drinks Regulation – with a new one, with the aim of aligning it with the Treaty on the Functioning of the European Union (TFEU). The proposal mainly involves grouping the provisions adopted by the Commission into delegated and implementing acts. In addition, it replaces the existing procedures for the protection of geographical indications (GIs) of spirit drinks with new ones, modelled on the recently ...

In December 2016, the European Commission proposed to replace Regulation (EC) No 110/2008 – the Spirit Drinks Regulation – with a new one, with the aim of aligning it with the Treaty on the Functioning of the European Union (TFEU). The proposal mainly involves grouping the provisions adopted by the Commission into delegated and implementing acts. In addition, it replaces the existing procedures for the protection of geographical indications (GIs) of spirit drinks with new ones, modelled on the recently updated procedures for quality schemes applied to agricultural products and foodstuffs. According to spirits industry representatives, the proposal contained some substantive changes that needed to be studied in detail to determine their impact. The Committee on the Environment, Public Health and Food Safety (ENVI) was responsible for the file in the European Parliament. A provisional agreement was reached at the third trilogue meeting, on 27 November 2018. The agreement was confirmed by the Special Committee on Agriculture in December 2018 and approved in the ENVI committee on 22 January 2019. A plenary vote in the EP was held on 13 March 2019. The act was signed on 17 April and the regulation published in the Official Journal on 17 May 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.

Access to the international market for coach and bus services

16-04-2019

The European Union aims to ensure that road transport rules are applied effectively and without discrimination. The current rules governing the access to the international market for coach and bus services appear to have been only partly effective in promoting this mode of transport. There are still differences in rules on access to national markets, differences in openness of national markets, diverse national access arrangements and discrimination in access to terminals in some EU countries. In ...

The European Union aims to ensure that road transport rules are applied effectively and without discrimination. The current rules governing the access to the international market for coach and bus services appear to have been only partly effective in promoting this mode of transport. There are still differences in rules on access to national markets, differences in openness of national markets, diverse national access arrangements and discrimination in access to terminals in some EU countries. In an attempt to address the issue, the European Commission adopted a legislative proposal on 8 November 2017 to amend the EU rules for access to the international market for coach and bus services. The proposal is part of its 'Europe on the Move' package, which aims to modernise European mobility and transport. The European Parliament adopted its position on the proposal on 14 February 2019. However, interinstitutional negotiations cannot yet begin, as the Council has not reached a common position on the file. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Road transport: Enforcement and special provisions for posted workers

08-04-2019

The EU has established a range of social measures applicable to the road transport sector, which aim at improving drivers' working conditions, road safety and competition. To give real substance to these measures, compliance is key. The 2006 Enforcement Directive was therefore adopted to effectively implement the social provisions of the Driving Time Regulation. The current proposal, published in the context of the European Commission's 2017 'Europe on the move' initiative, seeks to remedy some shortcomings ...

The EU has established a range of social measures applicable to the road transport sector, which aim at improving drivers' working conditions, road safety and competition. To give real substance to these measures, compliance is key. The 2006 Enforcement Directive was therefore adopted to effectively implement the social provisions of the Driving Time Regulation. The current proposal, published in the context of the European Commission's 2017 'Europe on the move' initiative, seeks to remedy some shortcomings of the Enforcement Directive, such as non-uniform implementation. Additionally, it puts forward specific rules on the posting of workers in the road sector, to respond to concerns raised regarding the inadequacy of the Posting of Workers Directive, when applied to the road transport sector. The European Parliament's Committee on Transport and Tourism (TRAN) adopted its report and a mandate to start interinstitutional negotiations in June 2018. However, Parliament did not endorse the mandate and then, in July 2018, rejected the report, referring it back to the TRAN committee. The Council agreed a general approach on this proposal in December 2018, under the Austrian Presidency. In January 2019, the TRAN committee failed to reach an agreement on a compromise proposal. In March, the Conference of Presidents decided to include this file on the agenda of the March II plenary session. After procedural complications, Parliament adopted its first-reading position during the subsequent plenary session, on 4 April 2019.

Access to the occupation of road transport operator and to the international road haulage market

08-04-2019

The regulations on admission to the occupation of road transport operator and on access to the international road transport market have been contributing to the functioning of EU road transport and fair competition between resident and non-resident hauliers since December 2011. Despite the improvements they have brought to the sector, however, persistent shortcomings such as diverging national application of the rules and uneven enforcement called for a revision of both acts. On 31 May 2017, as part ...

The regulations on admission to the occupation of road transport operator and on access to the international road transport market have been contributing to the functioning of EU road transport and fair competition between resident and non-resident hauliers since December 2011. Despite the improvements they have brought to the sector, however, persistent shortcomings such as diverging national application of the rules and uneven enforcement called for a revision of both acts. On 31 May 2017, as part of a 'mobility package', the European Commission adopted a new proposal to address the main shortcomings affecting the sector, and improve its competitiveness and efficiency. In June 2018, Parliament's Committee on Transport and Tourism (TRAN) adopted its report and a negotiating mandate for trilogue. However, Parliament did not endorse the mandate and in July 2018, rejected the report, referring it back to the committee. In the meantime, the Council reached a general approach on the three proposals in the package, in December 2018. On 10 January 2019, the TRAN committee adopted a compromise proposal but failed to reach an agreement on the two linked files on driving times and posting. In March, the Conference of Presidents decided to include this file on the agenda of the March II plenary session. After procedural complications, Parliament adopted its first-reading position during the subsequent plenary session, on 4 April 2019.

Protecting workers against carcinogens and mutagens: Third proposal

20-03-2019

The European Commission is undertaking a phased process to amend Directive 2004/37/EC (the Carcinogens and Mutagens Directive), expanding its scope and including and/or revising occupational exposure limit values for a number of cancer- or mutation-causing chemical agents. The third proposal to amend the directive addresses a further five agents. The agreement on the proposal reached after trilogue negotiations now needs to be confirmed by Parliament, with a vote expected to take place during the ...

The European Commission is undertaking a phased process to amend Directive 2004/37/EC (the Carcinogens and Mutagens Directive), expanding its scope and including and/or revising occupational exposure limit values for a number of cancer- or mutation-causing chemical agents. The third proposal to amend the directive addresses a further five agents. The agreement on the proposal reached after trilogue negotiations now needs to be confirmed by Parliament, with a vote expected to take place during the March II plenary session.

Reform of the Dublin system

01-03-2019

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.

Rules for EU institutions' processing of personal data

12-09-2018

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since ...

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since 25 May 2018. Interinstitutional trilogue meetings, in which debate focused on also applying the regulation to operational data of EU bodies carrying out law enforcement activities, brought an agreement between the co-legislators in May. The compromise text is due to be voted by the Parliament in the September plenary session. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Revising the Posting of Workers Directive

25-05-2018

Posting of workers plays an increasing role in the internal market, particularly in the cross-border provision of services. The Parliament and Council reached agreement in trilogue negotiations on the targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the European Commission. The agreement reached in March is scheduled to be voted by Parliament at first reading during the May II plenary session.

Posting of workers plays an increasing role in the internal market, particularly in the cross-border provision of services. The Parliament and Council reached agreement in trilogue negotiations on the targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the European Commission. The agreement reached in March is scheduled to be voted by Parliament at first reading during the May II plenary session.

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