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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

Briefing – The financial management of visitor groups to the national parliaments – 08-07-2021

In most Member States, visitor’ groups are not sponsored to visit the national parliament. A visit to the national parliament is free of charge, and all the costs related to the visit, for example travel costs, accommodation and local minor expenses, need to be paid by the visitors themselves.
Germany is the only country which has various kinds of programmes where visitors can be reimbursed. Members of Parliament can invite up to 200 people a year of which the travel costs are partially covered by the German Bundestag. There is also a programme which consists of more days for which all the costs related to travel and accommodation are covered by the German government. The German Bundesrat has a programme in which the 16 federal states can invite people for a visit of multiple days to Berlin. In this case the travel costs and accommodation are paid for by the Bundesrat. For all reimbursements, the rules apply that the receipts and underlying documents need to be provided to the Bundestag and Bundesrat after the visit. All documents and receipts are checked through an ex-post control.
The United Kingdom has a programme in which costs are reimbursed, and this programme is funded by the commercial tours of the parliament. In this case, it can be MPs, Peers or the House of Commons or Lords who can invite visitors who are eligible for reimbursement.
In Hungary, only schools can get reimbursement for their travel costs and the entry fee for the national parliament. All the receipts need to be provided to the visitor service of the parliament.
Some countries do have other schemes in which they provide coverage for schools or costs are covered by the MPs’ own funds.
The Council of the EU does not sponsor visitor groups. All visits are requested by visitors themselves and they need to cover all the costs related to the visit themselves. The questions were also sent to the European Commission but no answer was received.

Source : © European Union, 2021 – EP

Briefing – Re-starting tourism in the EU amid the pandemic – 13-07-2021

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

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

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

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