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ENISA and a new cybersecurity act

05-07-2019

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 envisaged 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 10 July 2018. An agreement was reached with the Council during the fifth trilogue meeting, on 10 December 2018. The text was adopted by the European Parliament on 12 March and by the Council on 9 April 2019. The new regulation came into force on 27 June 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.

Regulating imports of cultural goods

28-06-2019

Until now, with the exception of two specific measures for Iraq and Syria, there has been no EU legislation covering the import of cultural goods from non-EU countries entering the EU. By ensuring that these imports are subject to uniform controls along all EU external borders, the new regulation aims to prevent the introduction, import and storage in the EU of cultural goods illegally removed from a third country, thereby protecting cultural heritage and combatting illegal trade, in particular where ...

Until now, with the exception of two specific measures for Iraq and Syria, there has been no EU legislation covering the import of cultural goods from non-EU countries entering the EU. By ensuring that these imports are subject to uniform controls along all EU external borders, the new regulation aims to prevent the introduction, import and storage in the EU of cultural goods illegally removed from a third country, thereby protecting cultural heritage and combatting illegal trade, in particular where it may serve as an income source for terrorist groups. Both Parliament and Council agreed positions on the Commission’ proposal in autumn 2018, and reached an agreement in trilogue negotiations in December that year. Adopted by both institutions in spring 2019, the new regulation lays down the conditions for the introduction, as well as the conditions and procedures for the import, of cultural goods from third countries. The regulation does not apply to cultural goods that have been created or discovered in the EU. To focus the measures established by the regulation on the goods considered most at risk of pillage in conflict areas and to avoid a disproportionate burden for licit trade, the new legislative act introduces age and value thresholds for certain goods categories. The regulation will apply at the latest six years after it comes into force, i.e. from June 2025. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

CO2 standards for new cars and vans

28-05-2019

In November 2017, the European Commission adopted a proposal for a regulation on reducing CO2 emissions from new passenger cars and light commercial vehicles (vans). The proposed measures and targets are aligned with the 2030 climate and energy framework and with the energy union strategy, which envisages a reduction in transport emissions and energy consumption. The Commission sets new targets for the EU fleetwide average CO2 emissions of new passenger cars and vans. Average CO2 emissions from new ...

In November 2017, the European Commission adopted a proposal for a regulation on reducing CO2 emissions from new passenger cars and light commercial vehicles (vans). The proposed measures and targets are aligned with the 2030 climate and energy framework and with the energy union strategy, which envisages a reduction in transport emissions and energy consumption. The Commission sets new targets for the EU fleetwide average CO2 emissions of new passenger cars and vans. Average CO2 emissions from new passenger cars and vans registered in the EU would have to be 15 % lower in 2025, and 30 % lower in 2030, compared to their respective limits in 2021. The proposal includes a dedicated incentive mechanism for zero- and low-emission vehicles, in order to accelerate their market uptake. Interinstitutional trilogue negotiations concluded in December with an agreement setting a 37.5 % CO2 reduction target for new cars by 2030, and a 31 % target for new vans. Parliament approved the agreed text on 27 March 2019. The regulation was published in the Official Journal on 25 April 2019. It entered into force on 15 May 2019 and will apply from 1 January 2020. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Common rules for gas pipelines entering the EU internal market

27-05-2019

In November 2017, the European Commission adopted a legislative proposal to fully apply key provisions of the 2009 Gas Directive to gas pipelines between the European Union (EU) and third countries. Member States would need to cooperate with third countries to ensure full compliance with EU rules. The revised directive was seen by many observers as a part of the broader EU response to the Gazprom-led Nord Stream 2 project, which the European Commission publicly opposes. The Parliament adopted its ...

In November 2017, the European Commission adopted a legislative proposal to fully apply key provisions of the 2009 Gas Directive to gas pipelines between the European Union (EU) and third countries. Member States would need to cooperate with third countries to ensure full compliance with EU rules. The revised directive was seen by many observers as a part of the broader EU response to the Gazprom-led Nord Stream 2 project, which the European Commission publicly opposes. The Parliament adopted its position on the gas directive in plenary on April 2018, whereas the Council adopted its general approach on 8 February 2019. This was swiftly followed by a single trilogue meeting on 12 February 2019 at which the EU institutions reached a provisional agreement. The agreed text was later formally adopted by Parliament and Council, and entered into force on 23 May 2019. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Safeguarding competition in air transport

20-05-2019

The issue of fair competition between EU and third-country airlines and the importance of guaranteeing a level playing field has been recognised for some years by the various EU institutions as key for the future of European aviation. The 2015 Commission communication on the aviation strategy underlined the importance and legitimacy of EU action to deal with possible unfair commercial practices in international aviation, and announced the revision of existing rules in this field. On 8 June 2017, ...

The issue of fair competition between EU and third-country airlines and the importance of guaranteeing a level playing field has been recognised for some years by the various EU institutions as key for the future of European aviation. The 2015 Commission communication on the aviation strategy underlined the importance and legitimacy of EU action to deal with possible unfair commercial practices in international aviation, and announced the revision of existing rules in this field. On 8 June 2017, the Commission adopted a legislative proposal for a regulation on safeguarding competition in air transport. The objective of the proposal is to provide effective legislation in order ‘to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition with third countries’ air carriers’. Parliament and Council reached agreement on the text in November 2018. The text was formally adopted by Parliament on 14 March 2019 and by Council on 9 April. Signed on 17 April, the new regulation comes into force on 30 May 2019. Fifth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Single market information tool (SMIT)

06-05-2019

Competition and consumer protection in the single market are often undermined by price discrimination based on residency. While many market players do not cooperate with the Commission, for instance not disclosing their pricing structure, Member States often do not have the means or the tools to collect and deliver the required information to the Commission. The SMIT proposal would provide the Commission with powers such as to request business-related information (e.g. cost structure or product volumes ...

Competition and consumer protection in the single market are often undermined by price discrimination based on residency. While many market players do not cooperate with the Commission, for instance not disclosing their pricing structure, Member States often do not have the means or the tools to collect and deliver the required information to the Commission. The SMIT proposal would provide the Commission with powers such as to request business-related information (e.g. cost structure or product volumes sold), and to address market failures in a more efficient way. The SMIT, however, has raised some criticism in the Council and EP, inter alia, because of the Commission’s choice of the legal basis for the proposal. Parliament’s Legal Service stated in an opinion that the correct legal basis for the Commission proposal is Article 337 TFEU: a legal basis which gives no legislative role for the EP. On 12 July 2018, the IMCO committee adopted a report which would amend the proposal’s legal basis. The JURI committee subsequently adopted an opinion stating that the Commission proposal goes beyond the powers available under the proposed revised legal basis. The report was initially due to be voted in plenary in October 2018, but was taken off the agenda. As the parliamentary term has concluded, the report has now lapsed. 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.

EU framework for FDI screening

17-04-2019

On 13 September 2017, the European Commission adopted a proposal for a regulation establishing a framework for screening foreign direct investment (FDI) inflows into the EU on grounds of security or public order. The proposal was a response to a rapidly evolving and increasingly complex investment landscape. It aimed to strike a balance between maintaining the EU's general openness to FDI inflows and ensuring that the EU's essential interests are not undermined. Recent FDI trends and policies of ...

On 13 September 2017, the European Commission adopted a proposal for a regulation establishing a framework for screening foreign direct investment (FDI) inflows into the EU on grounds of security or public order. The proposal was a response to a rapidly evolving and increasingly complex investment landscape. It aimed to strike a balance between maintaining the EU's general openness to FDI inflows and ensuring that the EU's essential interests are not undermined. Recent FDI trends and policies of emerging FDI providers had cast doubt on the effectiveness of the decentralised and fragmented system of FDI screening – in use in only some EU Member States – to adequately address the potential (cross-border) impact of FDI inflows on security or public order without EU coordinated cooperation among all EU Member States. The proposal's objective was neither to harmonise the formal FDI screening mechanisms then used by almost half of the Member States, nor to replace them with a single EU mechanism. Instead, it aimed to enhance cooperation and information-sharing on FDI screening between the Commission and Member States, and to increase legal certainty and transparency. The European Parliament's Committee on International Trade (INTA) and the Council adopted their positions in May and June 2018 respectively, and interinstitutional negotiations concluded in November 2018 with a provisional text. That was first endorsed by the Member States' Permanent Representatives (Coreper) and by INTA in December 2018. After the text's adoption by the European Parliament and the Council in February and March 2019 respectively, it entered into force on 10 April 2019, and will apply from 11 October 2020, 18 months later. 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.

Review of the Clean Vehicles Directive

10-04-2019

In November 2017, the European Commission proposed a revision of Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (the Clean Vehicles Directive), after an evaluation showed that the directive had yielded limited results. The proposed directive aims to promote clean mobility solutions in public procurement tenders and thereby raise the demand for, and the further deployment of, clean vehicles. The proposal provides a definition for clean light-duty vehicles ...

In November 2017, the European Commission proposed a revision of Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (the Clean Vehicles Directive), after an evaluation showed that the directive had yielded limited results. The proposed directive aims to promote clean mobility solutions in public procurement tenders and thereby raise the demand for, and the further deployment of, clean vehicles. The proposal provides a definition for clean light-duty vehicles based on a combined CO2 and air-pollutant emissions threshold; for heavy-duty vehicles, it gives a definition based on alternative fuels. The proposal is in line with the European Commission’s energy union package, which plans action on the further decarbonisation of road transport in line with the 2030 climate and energy targets. The proposal was referred to the European Parliament’s Committee on Environment, Public Health and Food Safety (ENVI). The committee adopted its report on 10 October 2018. The Parliament then voted on the report during the October II 2018 plenary session. A trilogue agreement was reached on 11 February 2019. The Parliament is expected to vote on the agreed text during the April II session. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Road transport: Driving, breaks, rest times and tachographs

08-04-2019

The Driving Time and Tachograph Regulations were adopted to improve drivers' working conditions and road safety, as well as to enhance compliance with the rules, and competition between road operators. In the context of the European Commission's 2017 'Europe on the move' package, the current proposal aims to remedy the shortcomings of these regulations, on which a broad consensus has emerged: lack of clarity, non-uniform implementation, insufficient enforcement and a need for strengthened cooperation ...

The Driving Time and Tachograph Regulations were adopted to improve drivers' working conditions and road safety, as well as to enhance compliance with the rules, and competition between road operators. In the context of the European Commission's 2017 'Europe on the move' package, the current proposal aims to remedy the shortcomings of these regulations, on which a broad consensus has emerged: lack of clarity, non-uniform implementation, insufficient enforcement and a need for strengthened cooperation between Member States and authorities. In June 2018, Parliament's Committee on Transport and Tourism (TRAN) adopted a report and the mandate to start interinstitutional negotiations. However, during the June 2018 plenary session, Parliament did not endorse the mandate and in July it rejected the report, referring it back to the committee. The Council reached a general approach on this proposal in December 2018, under the Austrian Presidency. On 10 January 2019, the TRAN committee failed to reach a new agreement on the proposal for plenary. 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.

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.

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