This archive contains all documents published by cep over the last few years:
cepAdhoc: Incisive comment on current EU policy issues.
cepPolicyBrief: Concise 4-page reviews of EU proposals (Regulations, Directives, Green Papers, White Papers, Communications) – including a brief summary and economic and legal assessments.
cepInput: Impulse to current discussions of EU policies.
cepStudy: Comprehensive examination of EU policy proposals affecting the economy.
The first railway package of 2001 consists of three Directives which form the basis for the European railway legislation. According to the Commission, the present summary and recast version is to remove any insufficiencies, uncertainties and gaps in the regulatory framework. It further encompasses the removal of barriers to competition and the reform of regulatory oversight (1. Part), as well as questions regarding the development and operation of the railway infrastructure (2. Part).Its major aim is to provide for a non-discriminatory competition in the railway traffic market.
The EU Energy Strategy 2020 is focusing on five „priorities“: (1) increase in energy efficiency, (2) building a “pan-European integrated energy market“, (3) consumer protection and safety and security standards, (4) further development of energy technologies and (5) strengthening the external dimension of the EU energy market.
The Commission criticises the current EU energy policy in that the internal energy market is still fragmented and the efforts by Member States to increase energy efficiency are “disappointing“. Moreover, there is a lack of energy system investments of EUR 1 trillion and technological progress.
With the Lisbon Treaty the EU acquired new competences in the field of tourism which are anchored in primary law. In its Communication the Commission describes the “challenges” and presents an “action framework for tourism in Europe”. The Commission wishes to make the cultural and natural wealth of Europe better known, for example by introducing a “European Cultural Heritage Seal”. Furthermore, a publicly funded “voluntary” exchange mechanism for tourists is to enable “key groups” such as young people (up to the age of 30) and the elderly (65+) to travel to tourist destinations in other Member States during the low season. Finally, the Commission plans to conduct “awareness-raising campaigns relating to the choice of destinations and the means of transport to promote “sustainable and responsible high-quality tourism”.
The aim of this Green Paper is to outline options for developing a European contract law (available in all official languages). To this end, the Commission presents for discussion various options for an “instrument of European contract law”. By this it means a construct of EU contract laws which needs further developing in particular with regard to the degree of its legally binding nature (legal form), the regulation radius (material scope) and the applicability to contract relations that do not cross borders.
The EU patent is a third option flanking the national and the European patent and providing EU-wide patent protection. At the same time, a European patents court system is to be established. The aim of the EU patent is to provide applicants with an easier and cheaper EU-wide patent protection. With a court for European patents and EU patents, the solving of legal disputes on patent granting and patent infringements is to be more consistent and calculable as it avoids parallel proceedings before national courts.
Vertical agreements are entered into by companies operating in the production or distribution chain at different levels. Such agreements are generally prohibited, however, the Treaty on the Functioning of the European Union provides for exemptions from the general prohibition. The Commission decides whether or not an exemption is given. In its Block Exemption Regulation in the Motor Vehicle Sector (EC) No. 1400/2002 and its Guidelines, the Commission is presenting the conditions according to which an agreement is deemed in line with competition law. Said Regulation will expire on 31 May 2010. At the end of last December the Commission has submitted a follow-up Draft Regulation and Draft Guidelines.
Under horizontal agreements, undertakings co-operate as competitors at the same level in the value-added chain. The Guidelines are intended to make it easier for undertakings to assess themselves whether or not their intended horizontal agreements infringe the ban on cartels of Art. 101(1) TFEU and whether an exemption applies. They contain general and agreement-specific explanations of the assessment of horizontal agreements for goods and services. The revised version contains also contains explanations on “information exchange” between undertakings which are relevant in terms of competition law.
The Commission intends to restrict the maximum repayable amount of EU deposit guarantee schemes to € 100,000 in future. Deposit guarantee schemes are being obliged to mutually grant loans.
In the middle of the financial crisis the Council and the European Parliament decided to increase the minimum coverage level to Euro 50,000 and – by the end of 2010 – up to 100,000. Issues such as the EU-wide harmonisation of the financing of deposit guarantee schemes and the establishment of a European deposit guarantee scheme were postponed to 2010.
The latest plans face substantial opposition. Several national parliaments intend to file a subsidiarity complaint, a procedure newly introduced by the Lisbon Treaty, in order to force the Commission to reassess the Proposal.