What it means to reopen Europe’s bars [Promoted content]

Bars, pubs and cafés across Europe are looking forward to welcoming back customers after months of lockdown. For many, it comes not a moment too soon. It will be an emotional moment as friends and families reunite, once again raising their glasses to savour the beers that they have missed for so long.

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Initial coin offerings (ICOs) are a relatively new method of raising capital for early-stage ventures. They allow businesses to raise capital for their projects, by issuing digital tokens in exchange for crypto assets or fiat currencies. They constitute an alternative to more traditional sources of start-up funding such as venture capital (VC) and angel finance. ICOs can potentially offer advantages in comparison with traditional ways of raising capital. At the same time, their opacity and the general tendency for issuers to exploit regulatory loopholes can carry significant risk for investors, may make ICOs vulnerable to money laundering and terrorist financing, and could even create financial stability concerns. ICOs have been met with a wide range of initial regulatory responses: from an outright ban in the case of China and South Korea, to more supportive approaches in other jurisdictions, with Singapore in Asia and Switzerland in Europe leading the way. As for the European Union (EU) and the United States, the relevant regulatory agencies initially published warning notices, reinforced by statements that securities laws could apply and registration be necessary. The EU went a step further and is currently seeking to partially regulate ICOs, with a proposal for a regulation on markets in crypto-assets (MiCA regulation). Meanwhile, some Member States are currently implementing regulatory sandboxes, to provide an impetus for innovation without imposing the immediate burden of regulation.

Source : © European Union, 2021 – EP

Briefing – EU rural development policy: Impact, challenges and outlook – 08-07-2021

On 30 June 2021, the European Commission adopted a communication on its long-term vision for the EU’s rural areas. The communication identifies areas of action with a view to creating new momentum for the EU’s rural areas, while recognising their diversity. In recent decades, in many Member States rural areas have experienced depopulation. Such regions face a range of environmental and socio-economic challenges. These include, for example, lower income per capita, a higher percentage of the population at risk of poverty and social exclusion, a lack of access to basic infrastructure and services, and lower levels of access to fast broadband internet. The EU’s rural development policy has sought to help address these challenges. Evaluation evidence is emerging on the impact of the common agricultural policy (CAP) on the territorial development of the EU’s rural areas. Measures relating to village renewal and LEADER (Liaison entre Actions de Développement de l’Économie rurale) measures are considered to be well-targeted and relevant to local needs, although they represent a small proportion of CAP financing. Administrative burdens have been raised as an issue that can impact on the developmental process. Recommendations from this evaluation evidence point to the need for better integration of funding streams, the need to maintain a dialogue across the European structural funds, and all the implications this may have for the new CAP strategic plans. The Commission’s recommendations to Member States on their CAP strategic plans highlight a number of recurring themes relating to the employment, education and training needs of rural areas, including the need to address rural depopulation, promote generational renewal, improve connectivity, and address the role played by action taken at local level. The Commission’s communication on a long-term vision for rural areas includes provision for a ‘rural pact’ to engage actors at EU, national, rural and local levels and an EU rural action plan, setting out a range of initiatives and actionable projects. The vision and its supporting analyses will provide a framework for addressing the future of the EU’s rural areas.

Source : © European Union, 2021 – EP

Briefing – European Union data challenge – 28-07-2021

The exponential growth and importance of data generated in industrial settings have attracted the attention of policymakers aiming to create a suitable legal framework for its use. While the term ‘industrial data’ has no clear definition, such data possess certain distinctive characteristics: they are a subset of big data collected in a structured manner and within industrial settings; they are frequently proprietary and contain various types of sensitive data. The GDPR rules remain of great relevance for such data, as personal data is difficult to be filtered out from mixed datasets and anonymisation techniques are not always effective. The current and planned rules relevant for B2B sharing of industrial data exhibit many shortcomings. They lack clarity on key issues (e.g. mixed datasets), increase the administrative burden for companies, yet not always provide the data protection that businesses need. They do not provide an additional value proposition for B2B data sharing and hinder it in some cases. While this situation warrants policy intervention, both the instrument and its content should be carefully considered. Instead of a legal instrument, soft law could clarify the existing rules; model terms and conditions could be developed and promoted and data standardisation and interoperability efforts supported.

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

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

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