Briefing – EU-UK relations: Difficulties in implementing the Northern Ireland Protocol – 09-07-2021

On 3 March 2021, the United Kingdom (UK) Secretary of State for Northern Ireland, Brandon Lewis, announced in a written statement to the UK Parliament, and without consulting the European Union (EU) in advance, that the grace period on border controls on a series of food and live products shipped from Great Britain to Northern Ireland would be extended. This meant that products of animal origin, composite products, food and feed of non-animal origin and plants and plant products could continue being shipped from Great Britain to Northern Ireland without the official certification, such as health and phytosanitary certificates, required by the Protocol on Ireland / Northern Ireland (the Protocol) of the Withdrawal Agreement (WA). In response to the UK’s decision, the EU launched legal action against the UK for breaching the provisions of the Protocol, as well as the good faith obligation under the WA. According to the Protocol, the UK must establish border controls on goods moving between Great Britain and Northern Ireland according to EU law. The application of EU law to Northern Ireland, together with the conduct of border controls within the UK, was designed to prevent the establishment of physical border controls (a ‘hard border’) on the island of Ireland, so as to safeguard the Good Friday/Belfast Agreement which brought peace in Northern Ireland, while preserving the integrity of the EU’s single market. The grace period on border controls was agreed by the EU and the UK in December 2020 as a temporary solution to problems raised by the UK. The UK government has reiterated that it intends to implement the Protocol, but that the border controls are causing trade disruption between Great Britain and Northern Ireland and require time to be resolved. It has also mentioned other issues involving areas as diverse as medicinal supplies and parcel shipments, as well as the complexity of customs systems and implementation of exchange of information between the EU and the UK. On 30 June 2021, the EU and the UK reached an agreement on some solutions, including the extension of the grace period on meat products, conditional on tight controls.

Source : © European Union, 2021 – EP

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Briefing – Mental health and the pandemic – 09-07-2021

While the pandemic is primarily a physical health crisis, it has also had widespread impact on people’s mental health, inducing, among other things, considerable levels of fear, worry, and concern. The growing burden on mental health has been referred to by some as the ‘second’ or ‘silent’ pandemic. While negative mental health consequences affect all ages, young people, in particular, have been found to be at high risk of developing poor mental health. Specific groups have been particularly hard hit, including health and care workers, people with pre-existing mental health problems, and women. The pandemic has also appeared to increase inequalities in mental health, both within the population and between social groups. To address the population’s increased psycho-social needs, the World Health Organization Regional Office for Europe established an expert group on the mental health impacts of Covid-19 in the European region. The Organisation for Economic Co-operation and Development has issued analyses and guidance on mental health in general and the pandemic’s impact on mental health in particular. At European Union level, a December 2020 European Commission communication addressed the pandemic’s impact on mental health. In May 2021, the Commission organised a major online stakeholder event, and published best practice examples of solutions presented. A July 2020 European Parliament resolution recognises mental health as a fundamental human right, calling for a 2021-2027 EU action plan on mental health. Members of the European Parliament have also called on the Commission to put mental health at the heart of EU policymaking. Stakeholders broadly rally around calls for programmes and funding to improve citizens’ mental health, not least to respond to the pandemic’s long-term implications.

Source : © European Union, 2021 – EP

Briefing – Understanding delegated and implementing acts – 07-07-2021

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated acts and implementing acts was introduced by the Treaty of Lisbon. The distinction, laid down in Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU), seems clear only at first sight. Delegated acts are defined as non-legislative acts of general application, adopted by the European Commission on the basis of a delegation contained in a legislative act. They may supplement or amend the basic act, but only as to non-essential aspects of the policy area. In contrast, implementing acts are not defined as to their legal nature, but to their purpose − where uniform conditions for implementing legally binding Union acts are needed. Under no circumstances may an implementing act modify anything in the basic act. Delegated acts differ from implementing acts in particular with regard to the procedural aspects of their adoption − the former after consulting Member States’ experts, but their view is not binding; the latter in the comitology procedure, where experts designated by the Member States, sitting on specialised committees, can object to a draft implementing act. In the case of delegated acts, however, the Parliament and Council can introduce, in the delegation itself, a right to object to a draft act or even to revoke the delegation altogether. Both delegated and implementing acts are subject to judicial review by the Court of Justice of the EU which controls their conformity with the basic act.

Source : © European Union, 2021 – EP

In-Depth Analysis – The EU-Turkey Customs Union and trade relations: what options for the future? – 07-07-2021

This in-depth analysis summarizes the main effects of the Customs Union (CU) on EU-Turkey trade and the economic situation in Turkey. Whereas the CU offers Turkey several economic benefits, it also implies some downsides, in particular asymmetric tariffs in relation to third countries. Against the background of the dynamic development of EU-Turkey relations, the authors assess the impact of four different options for developing EU-Turkey economic and trade relations:
(i) Continuation of the current Customs Union framework as it stands,
(ii) Modernization and upgrading of the Customs Union,
(iii) A transformation of the bilateral trade relations into a deep and comprehensive free trade agreement (DCFTA),
(iv) Suspension of the Customs Union (in which case WTO rules would apply).
The in-depth-analysis describes the options, the challenges the EU-Turkey Customs Union faces and seeks solutions for these issues.

Source : © European Union, 2021 – EP

Briefing – Protection of animals during transport: Data on live animal transport – 07-07-2021

Each year, millions of live animals are transported by road, sea, rail and air within, and to and from, the European Union, for a number of reasons, such as slaughter, fattening or breeding. To protect their welfare during those journeys, the EU adopted Regulation 1/2005 on the protection of animals during transport. An evaluation of the regulation showed that, when correctly implemented and enforced, it had a positive impact on animal welfare. However, in some areas weaknesses still persist, largely due to insufficient implementation. In the light of these conclusions, and bearing in mind its 2012-2015 animal welfare strategy, the European Commission announced its intention to revise the animal welfare legislation, including legislation on animal transport. Despite the action taken, however, in recent years, repeated breaches of the rules, resulting in accidents and severe animal welfare crises, have been highlighted by EU and national control bodies and by animal welfare organisations. On 19 June 2020, the European Parliament set up the Committee of Inquiry on the Protection of Animals during Transport (ANIT). The work of the committee focused on investigating how EU rules laid down in Regulation 1/2005 are being implemented by Member States and enforced by the European Commission. It held public hearings with the participation of stakeholders, representatives of national authorities and experts. Insight from these debates fed into the committee’s report and recommendations to Council and the Commission. This briefing is one of four requested by the ANIT committee to provide research and analysis following the results of a questionnaire sent out by the committee to Member States. It gives an overview of available data on the transport of live animals.

Source : © European Union, 2021 – EP

Briefing – European Defence Fund: Multiannual financial framework 2021-2027 – 02-07-2021

In June 2018, the European Commission presented a legislative proposal on a European Defence Fund, including a budget allocation of €11.5 billion in constant 2018 prices for the 2021-2027 period. The proposal aimed to streamline and simplify the set-up in place at the time by integrating the Preparatory Action on Defence Research (research window) and the European Defence Industrial Development Programme (as one part of the capability window) into a single Fund. The main aims of the Fund would be to foster the competitiveness and innovativeness of European defence and to contribute to the EU’s strategic autonomy. In this regard, the Fund would inter alia support collaborative industrial projects; co finance the costs of prototype development; encourage the participation of small and medium-sized enterprises; and promote projects in the framework of permanent structured cooperation. Synergies were expected with other EU initiatives in the field of cybersecurity, maritime transport, border management, Horizon Europe, the space programme and the European Peace Facility. In April 2019, after several trilogue meetings, Parliament and Council reached a partial agreement on the Fund, covering the content, but not, among other things, budgetary issues. Parliament adopted its position at first reading in April 2019. A provisional political agreement on the outstanding issues was reached in December 2020. The Council adopted its first-reading position in March 2021 and the Parliament adopted the text at second reading on 29 April. The final act was published in the Official Journal on 12 May.

Source : © European Union, 2021 – EP

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