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ESBA BULLETIN OF 7 April 2017

10 April 2017
by ESBA -- last modified 10 April 2017

VOLUME 19 - ISSUE 5


IN BRIEF

EU/Agriculture: new regulation for better enforcement along the agri-food chain
On 15 March 2017, the Commission adopted a Regulation to enhance controls on agricultural products, harmonizing rules across the EU. In each Member State, official controls will ensure that the level of risk for humans, animals and plants is at a minimum. The new rules will lead to less administrative burden, more efficient processes and increased controls, as well as more transparency on food safety for consumers.
For more information on agricultural rules enforcement, please click here.

EU/ Competition: New whistleblower tool to help EU fight cartels.
On 16 March 2017, the European Commission launched a new tool that will enable individuals to blow the whistle about secret cartels and other antitrust violations, while maintaining their anonymity. Anti-competitive practices such as agreeing on prices or procurement bids result in keeping products off the market or unfairly excluding rivals. These practices can deny customers access to a wider choice of goods and services at reasonable prices, discourage innovation and fair competition. Commissioner Vestager stated that insider knowledge can be a powerful tool to help the Commission uncover cartels and other anti-competitive practices. By using this information, the Commission hopes to be able to investigate faster and more efficiently, benefiting not only the consumers but the European economy as a whole.
For more information on the new whistleblower tool click here.

EU/Employment: Reform on the posting of workers endangered by the 'Molière clause'
On 17 March 2017, the European Parliament responded to the 'Molière clause' controversy via Elisabeth Morin-Chartier (EPP group), rapporteur on the on the Posted Workers Directive. She is worried about the extent to which it could potentially complicate the already tenuous negotiations on the Posted Workers Directive. This clause requires workers to speak French in order to work in several French cities. At national level, the French Minister of Economy has contacted France's legal affairs directorate for an opinion. However, even though its legality is still uncertain, a growing number cities have been enforcing the clause.
For more information on the posting of workers, please click here.

EU/Trade: EU - Mexico trade deal to be concluded in 2017
On 3 April 2017, the EU and the Mexican government started a third round of negotiations of the EU-Mexico Free Trade Agreement, initiated in 2015. Since the election of Donald Trump and the slow-down of the TTIP negotiations, the Commission shifted its attention to other trade partners such as Japan, Mercosur and Mexico. As a next step, Mexican Economy Minister Ildefonso Guajardo and EU trade Commissioner Cecilia Malmstrom will meet in May, before a fourth round of negotiations in June.
For more information on the EU-Mexico trade deal, please click here.

EU/Budget: Report on guidelines for 2018 budget adopted by the European Parliament
On 15 March 2017, the European Parliament adopted the report of the general rapporteur for the EU Budget 2018, Siegfried Mure?an (EPP, RO). The main issues addressed are: youth unemployment, growth, security and migration. MEPs acknowledged growth and unemployment as being major preoccupations for the Union. On that matter, they called for better funding for programmes such as Erasmus+ and the Youth Employment Initiative. In addition, MEPs underlined the insufficiency of former budgets and called for sustainable solutions regarding security and migration.
For more information on the European Union budget, please click here.

EU/Digital: European Commission and online retail platforms work towards removing unsafe products
On 16 March 2017, the Commission presented its most recent report on the Rapid Alert System, an online system for notifying national authorities of dangerous goods in circulation. Although the system is frequently and successfully used, part of the notified dangerous products have moved to online retail platforms. Therefore the Commission calls for the same level of protection for online and offline sales. To achieve this, Member States have set up specialized teams for monitoring retail websites and identifying dangerous products. The Commission is working closely with Amazon, Ebay and Alibaba, as only the platforms can actively take down these sales. The platforms have set up a single point of contact with national authorities.
For more information on Online Platforms, please click here.

EU/Consumers: IMCO committee extends powers of national enforcement bodies to tackle rogue online traders
On 21 March 2017, the Internal Market and Consumer Protection (IMCO) committee of the European Parliament agreed to give new powers to national enforcement authorities to better protect consumers and take down illicit traders and content. The Parliamemt will now enter into Trilogue negotiations with the Council and the Commission. The objective of the draft rules is to bridge legal gaps that exist as a result of different enforcement regimes amongst Member States. The new powers include the authority to order the removal of web content and to investigate past infringements up to five years back.
For more information on the enforcement of Consumer protection, please click here.

PUBLICATIONS


European Journal of Law and Technology: The Right to Data Portability in the GDPR and EU Competition Law: Odd Couple of Dynamic Duo?
On 27 February 2017, the EJLT released an article critically assessing the individual right to data transferability conferred by the General Data Protection Regulation, which requires data controllers to ensure that they can transfer the data provided by the data subject according to certain specifications. It then developed a combined analysis of the right in the GDPR with Competition Law rules in an attempt to maximise the right's reach and limit any potential adverse consequences on all stakeholders and SMEs in particular.
To access this publication, please click here.

Bruegel: An Economic Review of the Collaborative Economy
On 27 February 2017, Bruegel published a policy contribution which considers ways in which the collaborative economy may be defined, provides evidence supporting its potential benefits for European economies and the impact of specific platforms in the sectors of their operation. The paper also identifies criteria for distinguishing between professional and non-professional services offered through collaborative platforms, offers recommendation to platforms with a view to creating a safe and transparent environment for their users and their transactions and discusses further regulatory concerns and potential approaches to them.
To access this publication, please click here.

Jacques Delors Institut: #DigitalAmitié a Franco-German Axis to Drive Digital Growth and Integration.
On 10 March 2017, the Jacques Delors Institut published a policy paper with recommendations on how to complement the Commission's DSM Strategy and help unleash the EU's full digital potential in a timely manner so as to compete with other leading regions. The paper addresses the short-comings of the DSM Strategy and of the legislative processes of the EU. It identifies the regulatory fragmentation within the EU as the main reason for the slow development of the single market and argues that the DSM alone is not capable of achieving its aims unless it is supplemented by action on the national level to simplify their regulatory framework and drive the single market forward.
To access this publication, please click here.

CONSULTATIONS

Consultation on Building the European data economy
DEADLINE: 26/04/2017
The aim of this public consultation is to shape the future policy agenda on the European data economy. The consultation tries to collect information on the trading of non-personal data, the effects of the local storage of data, the nature of barriers to this data and ways how to tackle these barriers.
To access this consultation, please click here.

Public consultation on the rules on liability of the producer for damage caused by a defective product
DEADLINE: 26/04/2017
The aim of this consultation is to collect feedback on the application and performance of the Directive on liability for defective products (Directive 85/374/EEC). This directive guarantees the liability of the producer in the event of damage caused by malfunctioning products. The results of the public consultation will provide evidence to assess the extent to which the provisions of the Directive have been effective and efficient.
To access this consultation, please click here.

Public consultation on the functioning of the administrative cooperation and fight against fraud in the field of VAT
DEADLINE: 31/05/2017
The aim of this consultation is to gather views from stakeholder about their experiences with the current rules on administrative cooperation and fight against cross-border fraud in the field of VAT. The consultation also aims at collecting quantitative data on possible reduction or increase of regulatory costs/benefits for businesses especially SMEs. The results of the public consultation will be used to update the rules governing the administrative cooperation and the fight against cross border VAT fraud with a view to improve the functioning of the single market and tackling the heavy losses to the Member States and EU revenues.
To access this consultation, please click here.

Public consultation on FinTech: a more competitive and innovative European financial sector
DEADLINE: 15/06/2017
On 23 March 2017, the Commission opened a public consultation on Financial Technologies (FinTech) aimed at collecting stakeholder views regarding its upcoming proposal. The Commission's consultation is targeting privacy concerns surrounding self-learning algorithms in FinTech. With this consultation, the Commission hopes to achieve adequate data- and consumer protection without overregulating the sector. The public consultation will run until 15 June 2017, after which the Commission will analyse the results and release a proposal in the following months.
To access this consultation, please click here.

COMING-UP

EU Institutions: important dates
03-06 April 2017: European Parliament Plenary Session
07 April 2017: Eurogroup
07 April 2017: Coreper I
10-12 April 2017: Committee Meetings
12 April 2017: Coreper I
12 April 2017: Coreper II

Other SME-related events


8th Annual E-Commerce Conference 2017
11/04/2017, Brussels
On 11 May 2017, Emota in partnership with Forum Europe will organise the Annual E-Commerce Conference. In this event over 150 delegates are gathered annually. The European E-commerce Conference is the leading forum to debate the most pertinent issues affecting the e-commerce, internet platforms, retail, postal and logistic sectors. This 8th edition will provide an opportunity for stakeholders to come together to look at how e-commerce is developing in Europe and around the globe. The conference will address fundamental considerations for the future of e-commerce platforms, explore the latest developments in the e-Payment industry and discuss the best ways to achieve a more efficient cross border delivery.
To find out more about this event, please click here.

Risks and opportunities of Blockchain and Distributed ledgers
25/04/2017, Brussels
On 25 May 2017, ACCA and EY is organising an event about the risks and opportunities of Blockchain and Distributed Ledgers. The concepts of "Fintech" and "virtual currencies", such as bitcoin, one of the most popular application of the blockchain and distributed ledger technology (BDLT) are already known worldwide. In its purest form, it promotes a redistribution of power from central actors across wide communities of peers. Many think that blockchain is a great technology. Some even say that BDLT could change our lives. Others are calling for prudence, as it is not a neutral technology, with implications for the private but also for the public sector, impacted in three dimensions: as a service provider, as a supervisor and as a legislator. A recent in-depth analysis from the European Parliament, also says that the blockchain protocol provides platforms for both "good actions and bad actions".
To find out more about this event, please click here.



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