Heating our homes without heating up the planet

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

Using hydrogen-based fuels for cars and home heating risks locking in a dependency on fossil fuels and failing to tackle the climate crisis, according to a new analysis. EURACTIV’s media partner, The Guardian, reports.

Tourism plays an enormously important role in the EU economy and society. It generates foreign exchange, supports jobs and businesses, and drives forward local development and cultural exchanges. It also makes places more attractive, not only as destinations to visit but also as locations to live, work, invest and study. Furthermore, as tourism is closely linked with many other sectors – particularly transport – it also affects the wider economy. The coronavirus pandemic has hit the tourism sector hard. The impact on various tourist destinations in the EU has been asymmetrical and highly localised, reflecting differences in types of tourism on offer, varying travel restrictions, the size of domestic tourism markets, level of exposure to international tourism, and the importance of tourism in the local economy. At the beginning of summer 2021, several EU Member States started to remove certain travel restrictions (such as the requirements for quarantine or testing for fully vaccinated travellers coming from certain countries). However, all continue to apply many sanitary and health measures (such as limits on the number of people in common areas, and cleaning and disinfection of spaces). Such measures and restrictions change in line with the evolving public health situation, sometimes at short notice, making recovery difficult for the sector. The EU and its Member States have provided the tourism sector with financial and other support. Some measures were already adopted in 2020. Others were endorsed only shortly before the beginning of summer 2021. One flagship action has been the speedy adoption of an EU Digital Covid Certificate. This certificate harmonises, at EU level, proof of vaccination, Covid-19 test results and certified recovery from the virus. However, it does not end the patchwork of travel rules. Despite efforts to harmonise travel rules at Council level, Member States still apply different rules to various categories of traveller (such as children or travellers arriving from third countries).

Source : © European Union, 2021 – EP

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