Category: Allgemein

The European Parliament has recently – via a widely supported resolution – condemned the abuses carried out by the Bahraini authorities.

The EU legislative has called on the Bahrain government to end the repression against civil society and opposition. In the same resolution, European lawmakers expressed concern over the recent travel ban imposed by the authorities in Bahrain on civil society preventing them from attending the work of international bodies. MEPs were also careful to express concern over the treatment of the opposition.

The resolution called on the EU to ensure that Bahrain respects its international commitments and its constitution to ensure basic rights and freedoms. Many MEPs asked the Commission to assert the respect for human rights as a condition for any further development of relations with Bahrain.

Such a strong worded European Parliament resolutions could impact relations with Bahrain. They may even lead to political sanctions. Bahraini authorities in this case at hand, but also countries that might find themselves in a similar situation, ought to engage with the European Parliament and EU institutions in general to minimize the risk of restrictive measures.

For years Member States have been divided over driverless car technology. This was visible also earlier this year when Member States’ transport ministers decided to sign a joint declaration over driverless vehicles.

Affected industry, in particular car manufacturers and telecom operators, have been trying to persuade the EU Commission to back driverless car technology. Without the financial support coming from the EU, it would be difficult to see how driverless car technology can flourish in Europe and across the Member States. Financial support and adequate regulatory changes are necessary to lay the foundation for driverless car technology to be present onto European streets sooner rather than later.

The EU in general and Commission in particular, have lacked proper coordination that, in turn, has led to failure in making realistic commitments and come up with proposals in this sector. But now comes the real opportunity for all interested parties as the German Commissioner from Stuttgart, Günther Oettinger, who is in charge of the digital agenda is on the driving seat on driverless car technology. He has used the connection of this sector to telecoms policy, which is his agenda, to take the lead in the area over the internal market unit in DG Grow.

All those that have argued in favor of autonomous cars in Europe, have now an opportunity to get what they wish if they engage adequately and intensively with the EU institutions. Especially more so since the Commission is set to propose legislation that will directly and indirectly impact autonomous cars in 2016. DG Move is also planning a revision of the intelligent transport system directive.

China joined the World Trade Organization (WTO) in December 2001. Now, 15-years following the Chinese accession in the WTO, the transposition periods – allowing differential treatment of products originating from China – are going to expire.

So far, the transposition period gave the EU the right to impose higher anti-dumping duties on Chinese products compared to products originating from other countries. With the expiration of the transition periods, the European Commission will have to revise the methodology of calculating anti-dumping duties in respect of China.

The revision of anti-dumping duties imposed on products originating from China will have a significant impact on many sectors both for Chinese and European firms. There are currently 19 on-going anti-dumping investigations concerning products imported from China, representing a diverse portfolio of industries. The reduction of anti-dumping duties provides an opportunity for Chinese companies. At the same time, it increases competitive pressure for many European companies.

Following the terrorist attacks in Paris last year, the European Commission embarked on revising the EU directive regulating the ownership of firearms by individuals such as sport shooters, hunters and collectors. The proposal, described as essential and much needed, is set to improve clarity for the whole ‘legal firearms’ system. At the same time, if approved, the new rules may drastically limit access to firearms in Europe.

The proposed amendments to the EU Firearms Directive are currently under the discussion in the European Parliament. Debates have been marked by controversy. Several EU lawmakers claim that the new proposal would have minimal impact on combating terrorism and crimes. Others view the proposal as disproportional and too excessive.

The proposal has entered the most critical phase now. If the Commission’s proposal does not undergo any significant changes, the new rules will stagnate the sustainable growth of the firearms market in EU, negatively influencing firearms producers.

EU-US negotiations over a new trade deal have now reached a crucial moment. EU officials and their American counterparts are currently discussing – and trying to reach a deal – over the most controversial topics.

The last round of the negotiations focused first and foremost, on market access for EU and US firms, regulatory cooperation and trade rules. In particular, regulatory cooperation was, as expected, one of the most controversial topics, amid concerns over maintaining consumer products standard.

But enhancing the regulatory cooperation under the TTIP is vital, as it would open a new era in business relations between the US and the EU. Currently, differences in standards and regulations increase costs of production, sometimes making even impossible to offer the same products on both markets.

The EU first introduced rail passengers’ rights protection back in 2007. Less than a decade later, the rules are under review again. According to the Commission, there are still many areas where the scope of passengers’ rights can be broadened, and new mechanisms for their more effective enforcement could be introduced on national and European levels.

The new proposal will have an enormous impact on industry. Both private and state-owned rail operators. In particular, the coming reform of passengers’ rights system will address the significant incoherence between levels of passengers’ rights protection among various jurisdictions in the EU, as there are still many exemptions applicable in certain Member States, which decrease the overall standard of passengers’ rights protection.

In addition, the EU will focus on ensuring better enforcement of passengers’ rights and their access to information related to their rights. Moreover, anti-discrimination provisions of relevant rail regulations should be improved, as well as prevention of transport disruptions, including those caused by so-called “force majeure”, enhanced.

On 16 February 2016, the European Commission published a new strategy how to lower the amount of energy used to heat and cool buildings, including households, offices, hospitals, schools, industry and food refrigeration throughout the supply chain.

The European Commission estimates that heating and cooling consume half of the energy used in Europe, and even 68% of gas imported to the EU. On the other hand, the share of renewables in the overall energy consumption used for heating and cooling is still below expectations.

The strategy tackles many issues and could bring changes for many industries. For instance, new guidelines and rules for renovation of buildings may be of particular interest to the construction sector. They may impact state-of-the-art technology used in construction industry, as it will have to comply with higher standards in respect of cooling and heating and energy use. Furthermore, the new EU strategy intends to integrate much more effectively local electricity systems with heating and cooling systems and appliances. The EU heating and cooling strategy is a part of the Energy Union, and will be followed by set of implementing legal instruments in the coming months.

On the 3 February 2016, the European Parliament concluded the recommendation addressed to the European Commission in respect of the on-going negotiations of the Trade in Services Agreement (TiSA) between countries representing almost 70% of global trade in services. TiSA is being negotiated by 23 countries, which are aiming at reducing trade barriers for services.

Reducing trade barriers for service can contribute to the growth of many European companies, as they will receive access to many new markets. On the other hand, it means that they will have to face a new challenge and compete with service providers from other countries who could rely on lower labor cost and standards in countries of their origin.

The European Parliament requested the European Commission, which is responsible for the on-going trade negotiations, to reflect in its position the societal concerns brought to the table by many NGOs and entrepreneurs. First and foremost, the Parliament requested the Commission to base the TiSA deal on the principle of reciprocity. Moreover, the European Parliament highlighted that the TiSA deal should not pose any risk to European standards. In addition, the European Parliament supports the view that TiSA should not cover at all any of public services, such as education, health, social services, social security systems, and audiovisual services.

Alber & Geiger was nominated for the 7th year running as European Legal Team of the Year by the British Legal Awards 2015 and shortlisted as Best EU Consultancy Campaign of the Year by the Public Affairs Awards 2015.

The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor i.e. the facilitated unhampered data transfer between the EU and the U.S. will create massive problems for thousands of companies that now have to rely on alternative data-transfer mechanisms until a new deal is reached.

The EU Commission has stepped up talks with the U.S. Government to ensure the standards laid out by the CJEU are met and in record time – the EU Commission aims to have the new framework agreed by the end of January 2016 to prevent a possible fragmentation of EU policy on data-transfer.

With several considerations that need to be taken into account and varied interest, finding a solution that would satisfy all within such a short period of time would be difficult. Recently, the European Parliament has voiced its dissatisfaction with the EU Commission’s plan, arguing that a new “Safer Harbor” agreement would require more substantial changes.