These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Information society > Digital Strategy i2010 Strategy eEurope Action Plan Digital Strategy Programmes
The Digital Agenda is part of the Europe 2020 strategy. It is aimed at better developing the potential of information and communication technologies (ICTs) in order to promote innovation, economic growth and progress. It follows the i2010, eEurope 2005, eEurope 2002 and eEurope initiatives.
Digital Strategy
i2010 Strategy and eEurope Action plans
i2010
eEurope 2005
eEurope 2002
eEurope
Programmes
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Internal market > Motor vehicles > Technical harmonisation for motor vehicles
Council Directive 76/759/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to direction indicator lamps for motor vehicles and their trailers [See amendingacts].
Each Member State must grant component EC type-approval for any type of direction indicator lamp which satisfies the construction and testing requirements laid down in the Annexes to the Directive, and issue an EC component type-approval mark conforming to the model shown in the Annex to the Directive for each type. The Member State which has granted EC component type-approval must take the measures required in order to verify that production models conform to the approved type.
According to the system of granting approval set out in the Directive, Member States may not:
Nevertheless, a Member State may prohibit the placing on the market of direction indicator lamps bearing the EC component type-approval mark which consistently fail to conform to the approved type.
This Directive is repealed by Regulation (EC) No 661/2009 from 1 November 2014.
| Act | Entry into force | Deadline for implementation in the Member States | Official Journal |
|---|---|---|---|
|
Directive 76/759/EC |
30.7.1976 |
1.7.1977 |
OJ L 262 of 27.9.1976 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
|
Directive 1999/15/EC |
2.5.1999 |
1.10.1999 |
OJ L 97 of 12.4.1999 |
The successive amendments and corrections to Directive 76/759/EC have been incorporated into the original text. This consolidated version is for reference only.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Regional policy > Management of regional policy
Commission Communication of 19 December 2003 – Dialogue with associations of regional and local authorities on the formulation of European Union policy [COM(2003) 811 final – Not published in the Official Journal].
Since enlargement, the European Union now comprises some 250 regions and 1000 regional and local authorities. The Commission is establishing systematic dialogue with the European and national associations representing them. This more political and more structured dialogue will complement the other forms of consultation provided for in the Nice Treaty (Articles 137 to 139) establishing the European Community and in the specific Commission communication of December 2002 [COM(2002) 704 final]. Its aim is to involve local and regional actors, responsible for implementing Community policies, so that account will be taken of their opinions as far upstream as possible in the decision-making process.
When will this systematic dialogue take place?
The dialogue will take place prior to the formal decision-making process on two separate occasions:
The Commission will set the date of the meetings six weeks in advance and make the necessary documents available to the associations.
Dialogue will strengthen the Committee of the Regions’ role of intermediary
The Commission regards this new dialogue as an opportunity for establishing closer links between the Committee of the Regions and the regional and local authorities which it represents. Concluded in Brussels on 20 September 2001, the cooperation protocol on the cooperation arrangements between the Commission and the Committee of the Regions recognises the role of intermediary of the consultation body.
The Committee of the Regions is best placed to assist the Commission in identifying the participants in the dialogue. For each planned meeting it will provide an indicative list of European and national associations relevant for the topics considered. Lastly, the Commission decides on the participants. It reserves the right to invite other organisations of its choice.
The Committee of the Regions, in cooperation with the associations of regional and local authorities, will lay down the selection criteria for participating in the dialogue. The organisations involved will be representative of the various levels of regional and local authorities directly affected by the policies being discussed, able to demonstrate their experience and level of expertise, capable of delivering a jointly produced opinion and in a position to pass on to their members the Commission’s proposals and guidelines.
What is the justification for the systematic dialogue?
Ad hoc contacts exist already between the Commission and the local and regional authorities, both directly and through their associations. In response to the commitment given in the White Paper on European Governance, the Commission wishes to make this dialogue systematic. The following principles justify the need to involve the regional and local authorities in the formulation of European policies:
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide
The Treaty of Lisbon clarifies the division of competences between the European Union (EU) and Member States. It introduces a precise classification for the first time in the founding Treaties, distinguishing between three main types of competence: exclusive competences, shared competences and supporting competences.
This attempt at clarification does not result in any notable transfer of competence. However, this reform is important and vital for the proper functioning of the EU. Several conflicts of competence have emerged in the past between the EU and Member States. Henceforth, the boundaries between the competences of each are clearly defined. In addition, this transparency facilitates the application of the fundamental principles relating to the control and exercise of these competences.
ABOLITION OF THE PILLARS OF THE EU
One of the most notable changes resulting from the Treaty of Lisbon concerns the abolition of the three-pillar structure of the EU. These pillars were:
Within this structure, several types of competence were superimposed. Acts adopted under the framework of the first pillar were adopted in accordance with the EU’s legislative procedures. In contrast, the other two pillars were based on intergovernmental cooperation between Member States.
The Treaty of Lisbon puts an end to this complicated structure. The European Community disappears. It is replaced by the EU, which is endowed with legislative procedures enabling it to exercise the competences conferred upon it to the full extent. Moreover, the EU also acquires legal personality, which was previously reserved for the old Community. It is therefore able henceforth to conclude treaties in the fields coming within its area of competence.
THE THREE MAIN TYPES OF COMPETENCE
The Treaty on the Functioning of the EU (TFEU) distinguishes between three types of competence and draws up a non-exhaustive list of the fields concerned in each case:
SPECIAL COMPETENCES
The EU has special competences in certain fields:
THE EXERCISE OF COMPETENCES
The exercise of Union competences is subject to three fundamental principles which appear in Article 5 of the Treaty on EU. The definition of EU competences greatly facilitates the proper application of these principles:
TRANSFER OF COMPETENCES
The current division of competences between the EU and Member States is not set in stone. However, the reduction or extension of EU competences is a delicate matter which requires the consent of all Member States and necessitates a revision of the Treaties.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Since the adoption of the Lisbon Treaty, the EU has had an exceptional shared competence in the area of humanitarian action, i.e. it has the power to conduct operations and a European policy in addition to those of the Member States. The Commission ensures the smooth coordination of action at European and national level.
Humanitarian aid
Humanitarian aid is specifically intended for developing countries. It is implemented via the instrument for humanitarian aid which finances emergency operations, in particular with the aim to:
These operations are conducted depending on the needs and interests of the victims, in accordance with international law and the principles of impartiality, neutrality and non-discrimination laid down by the European Consensus on humanitarian aid.
ECHO intervenes in partnership with organisations that have signed a framework partnership agreement with the Commission, such as the specialised agencies of the United Nations, the Red Cross, the Red Crescent and numerous non-governmental organisations.
Civil protection
ECHO also intervenes in the event of natural or man-made disasters (earthquakes, floods, industrial accidents, etc.) occurring in the EU. Its action is implemented via the Civil Protection Financial Instrument in response to requests for assistance from the countries affected.
The EU’s action involves encouraging cooperation between national civil protection services, principally with the aim of:
The EU can also conduct civil protection operations in non-Member States, more specifically with the accession candidate countries and the Mediterranean partner countries.
Context
The EU is one of the world’s biggest providers of humanitarian aid funding. Since 1992, operations directed by ECHO have channelled aid to regions in crisis in more than 85 countries.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Internal market > Single market for services > Financial services: insurance
Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC [See amending acts].
The Directive covers freedom to provide services, defined as the covering by an insurer established in one Member State of a risk situated in another (Member State of provision of services *), regardless of where the policy-holder is resident or established.
Some articles are of general application; others apply only to the provision of cross-frontier services. Some classes of business (e.g. accidents at work, nuclear liability, compulsory insurance of building works) are excluded from the freedom-of-services provisions and will be reviewed by the Council at a later date.
Directive 90/618/EEC brings compulsory motor-vehicle liability insurance within the scope of the second Directive.
The Directive lays down rules governing freedom to provide services. A firm wishing to do business by way of freedom to provide services in one or more Member States must notify the relevant authority in its home Member State. It must also inform that authority of changes in its activities.
In that event, the competent authority in the home Member State must inform within one month the competent authorities in the Member State or States where services are to be provided. The information must cover the firm itself, the business in which it intends to engage and the type of risks to be covered.
Risks
The concept of risk in Directive 73/239/EEC is also clarified. A distinction is made between large risk and mass risk business. Large risks are:
Mass risks are all other cases where there is considered to be greater need for consumer protection.
Large risks are subject to lighter controls than mass risks in both establishment * and services situations (in particular, no prior approval of policy conditions, premium rates or standard forms and letters which the insurer intends to use in relations with policy-holders).
Large risks benefit from home-country control in the case of services for businesses (all financial control is in the State of establishment). The insurer must, however, obtain a certificate of solvency from the State where his head office is located and send it to the Member State where services are to be provided, with notification of the intended activity.
Mass risks may be subject to heavy control in the State of provision of services, including:
Insurance contracts
Articles of general application include rules on choice of contract law (governing insurer/policy-holder relations). These rules are intended to protect the policy-holder: the amount of choice depends on the circumstances of the policy-holder and never on those of the insurer.
Special rules apply to compulsory insurances: policies must comply with the rules of the State which makes such insurances compulsory.
A number of rules strengthen and amplify those in the first non-life insurance coordination Directive of 1973. These concern in particular:
Insurance policies taken out under the freedom-of-services provisions are exclusively liable to the indirect taxes and parafiscal charges levied on insurance premiums in the Member State where the risk is situated.
Freedom to provide services and specific risks
There are special rules for firms that cover risks in class 10 of point A in the Annex to Directive 73/239/EEC in another Member State from an establishment in another Member State.
They must not only become members of the national bureau and national guarantee fund of the Member State where the services are to be provided and join in their financing but also become subject to the legislation governing aggravated risks in that Member State.
In addition, they must designate in the Member State where the services are to be provided a representative, responsible not only for the payment of claims but also for representing the firm in relation to the authorities of that Member State.
This Directive is repealed by Directive on the taking-up and pursuit of the business Insurance and Reinsurance from 1 November 2012.
| Key terms used in the act |
|---|
|
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
|
Directive 88/357/EEC |
30.6.1988 |
30.12.1989 |
OJ L 172 of 4.7.1988 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
|
Directive 90/618/EEC |
20.11.1990 |
20.5.1992 |
OJ L 330 of 29.11.1990 |
|
Directive 92/49/EEC |
2.7.1992 |
31.12.1993 |
OJ L 228 of 11.8.1992 |
|
Directive 2000/26/EC |
20.7.2000 |
19.7.2002 |
OJ L 181 of 20.7.2000 |
|
Directive 2005/14/EC |
11.6.2005 |
11.6.2007 |
OJ L 149 of 11.6.2005 |
Successive amendments and corrections to Directive 88/357/EEC have been incorporated in the original text. This consolidated version is for reference purpose only.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Internal market > Financial services: general framework
Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directives 90/619/EEC, 97/7/EC and 98/27/EC [See amending acts].
Scope
The Directive covers contracts for retail financial services (banking, insurance, payment and investment services, including pension funds) that are negotiated at a distance (e.g. by telephone, fax or over the Internet), i.e. by any means which do not require the simultaneous physical presence of the parties to the contract.
Right to reflect
The Directive gives the consumer the right to reflect before concluding a contract with a supplier. The supplier is thus required to transmit a draft contract to the consumer, in writing or on a durable medium (e.g. floppy disk, CD-ROM or e-mail), including all the contractual terms and conditions. The reflection period is 14 days, during which all the terms and conditions remain valid. The parties are nonetheless free to agree on a longer period or to negotiate other conditions.
Right to withdraw
The consumer has the right to withdraw within 14 days (30 days in the case of life assurance and personal pension operations) in the following circumstances:
If the consumer exercises the right of withdrawal after having already agreed to partial performance of the service, he may be required to pay the supplier for the service rendered. If the service has been rendered in its entirety before the right of withdrawal is exercised, that right can no longer be exercised and the consumer will have to pay for the service. Consumers must be informed in advance of the price to be paid (or of the basis on which it will be calculated).
In order to avoid speculative manoeuvres, the right of reflection or withdrawal does not apply to services whose price is liable to fluctuate as a result of developments on financial markets (e.g. the securities market).
Right to reimbursement
Certain financial services, notably futures (e.g. an instruction given by a consumer to purchase a certain number of shares at a fixed price), may sometimes be totally or partially unavailable at the time of performance of the contract. In this case, the consumer is entitled to reimbursement of the sums paid over to purchase the services.
Cancellation of payment by card in the event of theft
In the event of fraudulent use of his credit card, the consumer may request cancellation of the payment or reimbursement of any amount already paid.
Protection against unsolicited supply of services
Customers are protected by Directive 2005/29/EC, which regards the unsolicited supply of services as an unfair commercial practice. Failure to reply to an offer to supply services does not put the customer under an obligation and does not constitute tacit consent.
Complaints procedures
Member States must ensure that adequate and effective complaints and redress procedures (court, administrative and out-of-court) are put in place for the settlement of possible disputes between suppliers and consumers.
Sanctions
Member States must also ensure that operators and suppliers of communication means put an end, technology permitting, to illicit activities performed using means of distance communication.
Background
The proposal for a Directive is intended to supplement European Parliament and Council Directive 97/7/EC, which ensures appropriate consumer protection in respect of most products and services other than financial services (excluded in view of their specific characteristics). It aims to rectify this legal omission by establishing common rules to govern the conditions under which distance contracts for financial services are concluded.
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
|
Directive 2002/65/EC |
09.10.2002 |
09.10.2004 |
JO L 271 of 09.10.2002 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
|
Directive 2005/29/EC |
12.06.2005 |
12.12.2007 |
JO L 149 of 11.06.2005 |
|
Directive 2007/64/EC |
25.12.2007 |
1.11.2009 |
OJ L 319 of 5.12.2007 |
Successive amendments and corrections to Directive 2002/65/EC have been incorporated in the basic text. This consolidated version is for reference purpose only.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Employment and social policy > European Strategy for Growth
Communication from the Commission of 19 May 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Digital Agenda for Europe [COM(2010) 245 final – Not published in the Official Journal].
The European Commission has proposed a Digital Agenda. Its main objective is to develop a digital single market in order to generate smart, sustainable and inclusive growth in Europe.
What are the obstacles hindering the Digital Agenda?
What actions are to be taken under the Digital Agenda?
Achieving the digital single market
The Commission undertakes on the one hand to open up legal access to online content by simplifying copyright clearance and management and cross-border licensing. In order to do this, the Commission is to propose a framework Directive on collective rights management and a Directive on orphan works. It will also review the Directive on Re-Use of Public Sector Information.
In order to facilitate electronic payments and invoicing, the Commission needs to complete the Single Euro Payment Area (SEPA) and review the e-Signature Directive in order to offer secure e-Authentication systems.
The European online market suffers from a lack of user trust regarding the security of payments and privacy. The Commission envisages reviewing the EU data protection regulatory framework. It also intends to publish an online Code stating clearly and in an accessible manner citizens’ rights in the digital world. This Code will also concern contract law, and EU-wide online dispute resolution. The Commission will also envisage introducing an EU online trustmark to guarantee consumer protection.
Telecommunication services should be unified. Numbering of services and spectrum bands should also be harmonised.
Enhancing interoperability and standards
The EU must enhance the interoperability of devices, applications, data repositories, services and networks. In order to do this, it is essential that the Commission continue the review of its standard-setting policy. It must also promote appropriate rules for intellectual property rights.
Consolidating online trust and security
Europe must strengthen its policy to combat
cybercrime
,
child pornography
and breaches of privacy and personal data security. The Commission is to present measures on network and information security and the fight against cyber attacks.
In parallel, Member States should take measures to establish a well-functioning network at national level and carry out large-scale cyber attack simulations. National alert platforms should be adapted to the Europol cybercrime platform.
Promoting fast and ultra fast Internet access for all
Europe needs competitively priced fast and ultra fast Internet access for all. In this regard, the EU is to establish next generation access networks (NGAs). The Commission intends to use European funds (ERDF or EAFRD, in particular) in order to finance investment in broadband. The Commission will also reinforce its radio spectrum policy.
Investing in research and innovation
Europe must make up for its lack of investment in research and development in ICTs, which is still insufficient in Europe compared to its major trading partners. The Commission therefore intends to encourage private investment and to double public expenditure to develop ICTs.
Enhancing digital literacy, skills and inclusion
Although the Internet is part of daily life for many European citizens, some categories of the population are still excluded from media literacy in the digital environment. Furthermore, the EU is hampered by a shortage of ICT practitioner skills.
In order to promote employment in the ICT field, the Commission proposes to give priority to digital literacy and skills through the European Social Fund. It also wishes to develop tools to identify and recognise the skills of ICT practitioners and users. The aim is to set up a European framework specially designed for ICT professionalism.
In order to overcome unequal access to digital literacy by European citizens, Member States should promote e-accessibility in particular when applying the Audiovisual Media Services Directive.
Leveraging smart use of technology for society
The European Union must exploit the potential offered by the use of ICTs in the following areas:
How can these actions be implemented?
Implementation of the actions described above will require a sustained level of commitment at both EU and Member State levels (including at regional level). This will be coordinated by a group of Commissioners and will involve Member States and the European Parliament.
Progress on implementing the Digital Agenda will be charted annually and will give rise to the publication of a scoreboard and the holding of a Digital Assembly.
Context
The 2008 financial crisis revealed certain structural weaknesses in the European economy. The Europe 2020 Strategy launched by the European Commission in 2010 constitutes one of the responses to this crisis. It sets objectives in terms of jobs, productivity and social cohesion. The Digital Agenda for Europe forms part of the Europe 2020 Strategy and is one of the seven flagship initiatives thereof.
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
Institutional affairs > The decision-making process and the work of the institutions
The directive forms part of the secondary law of the European Union (EU). It is therefore adopted by the European institutions in accordance with the founding Treaties. Once adopted at European level, the directive is then transposed by Member States into their internal law.
A binding act of general application addressed to the Member States
Article 288 of the Treaty on the Functioning of the EU states that a directive is binding. Like the European regulation or the decision, it is binding upon those to whom it is addressed. It is binding in its entirety and so may not be applied incompletely, selectively or partially.
However, a directive is distinct from a decision or a regulation. While a regulation is applicable in Member States’ internal law immediately after its entry into force, a directive must first be transposed by the Member States. Thus, a directive does not contain the means of application; it only imposes on the Member States the requirement of a result. They are free to choose the form and the means for applying the directive.
Furthermore, a directive also differs from a decision as it is a text with general application to all the Member States.
Moreover, Article 289 of the Treaty on the Functioning of the EU (TFEU) specifies that a directive is a legislative act when it is adopted following a legislative procedure. In principle, a directive is therefore the subject of a Commission proposal. It is then adopted by the European Council and the Parliament in accordance with the ordinary legislative procedure or the special legislative procedure.
A directive enters into force once it has been notified to the Member States or published in the Official Journal.
A legal act which must be transposed
This is a two-tier legal act which comprises:
Entry into force does not in principle imply direct effect in national law. In order for this to happen, a second stage is necessary: transposition. Transposition is carried out by the Member States; it means adopting national measures to enable them to achieve the results stipulated by the directive. The national authorities have to notify the Commission of these measures.
Solutions found to deal with failure to transpose a directive properly
In principle, a directive must be transposed by a deadline set by the institutions (between six months and two years). Once the deadline has passed:
A directive has vertical direct effect once the deadline for transposition has passed. This means that an individual may rely on the text against a Member State in court. However, it does not have horizontal direct effect (i.e. an individual may not rely on the text against another individual in court).
However, the Court of Justice has established several conditions so that an individual may refer to a directive before the courts, specifically: