Archives: EU Law and Regulatory

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The European Commission publishes the results of its evaluation of the horizontal block exemption regulations and guidelines

On 6 May 2021, the European Commission (“Commission”) published the findings of its evaluation of the horizontal block exemption regulations for Research & Development (“R&D BER”) and specialisation agreements (“Specialisation BER”, together “HBERs”), as well as the accompanying Horizontal Guidelines (“Evaluation”). The Commission launched the Evaluation in 2019 to assess the future relevance of the HBERs … Continue Reading

The Week Ahead in the European Parliament – Friday, June 25, 2021

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Monday, the Committee on the Environment, Public Health and Food Safety (“ENVI”) will vote to adopt proposed amendments to … Continue Reading

Transatlantic Summits: Main Takeaways for Tech and Defense

Three summits last week—G-7, NATO, and U.S.-EU—launched a wide range of transatlantic initiatives to coordinate policy, particularly on trade, technology, and defense. These new formats and dialogues can ensure a much deeper level of regulatory cooperation between the United States and Europe by exchanging perspectives, briefing materials, and in some cases, staff. For companies on … Continue Reading

EU Courts extend the doctrine of “undertaking” to private claims for damages

Introduction The wide understanding of the notion of “undertaking” affords the European Commission (“Commission”) broad discretion when identifying the entities liable for competition law infringements, enabling it to attribute liability to all companies that constitute a single economic unit, such that a parent company can be liable for the wrongdoings of its subsidiary. The Commission … Continue Reading

Twelve Things to Know About the Upcoming EU Carbon Border Adjustment Mechanism

The European Commission is currently discussing a draft of a proposal for a Carbon Border Adjustment Mechanism (“CBAM”) Regulation that it is expected to present on July 14, 2021.  A CBAM was already announced in the European Commission’s Communication for a Green Deal  and is intended to protect the EU’s domestic industry that is at … Continue Reading

The UK, EU and the Northern Ireland Protocol

The Good Friday Agreement The Troubles, which began in 1968 and lasted until the Good Friday Agreement (GFA) in 1998, left more than 3,700 people dead. The GFA introduced a new power-sharing N Ireland Government structure; decommissioned paramilitary weapons; established a number of joint committees between the UK, N and S Ireland to oversee the … Continue Reading

The Week Ahead in the European Parliament – Friday, June 11, 2021

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Monday, the Special Committee on Artificial Intelligence in a Digital Age (“AIDA”) will hold a public hearing together with … Continue Reading

The Week Ahead in the European Parliament – Friday, May 28, 2021

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Monday, the Committee on Security and Defense (“SEDE”) will have an exchange of views with the Commission Executive Vice-President … Continue Reading

European Commission Proposes New Artificial Intelligence Regulation

In April 2021, the European Commission released its proposed Regulation Laying Down Harmonized Rules on Artificial Intelligence (the “Regulation”), which would establish rules on the development, placing on the market, and use of artificial intelligence systems (“AI systems”) across the EU. The proposal, comprising 85 articles and nine annexes, is part of a wider package … Continue Reading

The Week Ahead in the European Parliament – Friday, May 21, 2021

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Tuesday, the MEPs of the Committee on International Trade (“INTA”) will debate on the EU’s trade policy tools addressing … Continue Reading

The EU Corporate Sustainability Reporting Directive Proposal: What Companies Need to Know

 The European Commission has published a proposal for a Corporate Sustainability Reporting Directive (2021/0104) (“CSRD”), which forms just one part of a comprehensive package of sustainable finance measures (see our blog here).  The Commission has put forward these measures in response to demand for stronger and wider sustainability reporting standards, over and above what the EU Non-Financial Reporting Directive currently provides.  The … Continue Reading

The EU’s Green Capitalism Takes Shape: Taxonomy Screening Criteria and Corporate Sustainability Reporting

The European Commission has presented a package of key enabling legislation on sustainable finance (the “Sustainable Finance Package”).  This includes the much-awaited first technical screening criteria under the Taxonomy Regulation — outlined in the Taxonomy Climate Delegated Act (“TCDA”) — and a proposal for a Corporate Sustainability Reporting Directive (“CSRD”), which significantly revises and expands on the existing Non-Financial Reporting Directive’s remit and … Continue Reading

The Week Ahead in the European Parliament – Friday, May 14, 2021

Next week will be a plenary week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Monday, MEPs will debate an Own-initiative Report of the Committee on Industry, Energy and Research (“ITRE”) on a European … Continue Reading

The Lugano Convention and The UK

On May 4, 2021, the European Commission rejected the UK’s application to join the Lugano Convention.  Whilst the Commission’s Communication is advisory only, it seems likely that both the Parliament and the Council (with whom the final decision lies by qualified majority) will follow the Commission’s lead. Although the Convention may seem a rather abstract … Continue Reading

The Week Ahead in the European Parliament – Friday, May 7, 2021

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Monday, the Committee on Foreign Affairs (“AFET”) will hold several debates on a series of draft reports on the … Continue Reading

The Week Ahead in the European Parliament – Friday, April 23, 2021

Next week will be a plenary week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Tuesday, the plenary is set to finally ratify the EU-UK Trade and Cooperation Agreement (“TCA”), the extensive free trade … Continue Reading

The European Commission’s Planned Role to Implement its Proposed Sustainable Batteries Regulation

In December 2020, the European Commission presented a proposal for a new Regulation on Batteries and Waste Batteries.  The proposed Regulation aims to replace the current framework of Directive 2006/66/EC and seeks to achieve objectives set out in the European Green Deal and subsequent strategies, such as the transition to a carbon neutral and circular … Continue Reading

The Week Ahead in the European Parliament – Friday, April 16, 2021

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Thursday, MEPs of the Committee on Legal Affairs (“JURI”) will have an exchange of views with Thierry Breton on … Continue Reading

The Week Ahead in the European Parliament – Friday, April 9, 2021

Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Tuesday, MEPs of the Committee on Civil Liberties, Justice, and Home Affairs (“LIBE”) will have their first debate with … Continue Reading

China and the West

In coordinated action on 22 March 2021, the EU, US, Canada and the UK imposed sanctions on four Chinese officials accused of complicity in human rights violations in Xinjiang. The Chinese responded by imposing sanctions on a group of MEPs, European academics and think-tanks on 23 March and followed these announcements by imposing retaliatory sanctions … Continue Reading

The Week Ahead in the European Parliament – Friday, March 19, 2021

Next week will be a mixed week with committee meetings and plenary sessions in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Tuesday, the Committee on Economic and Monetary Affairs (“ECON”) will have a debate … Continue Reading

The Financial Services Sector: ESG and the UK

Given increasing public and investor focus on ESG disclosures and the growing recognition that managing ESG risks effectively can be effective in creating long-term value, there is significant and growing (internal and external) pressure on companies to make some form of ESG disclosure.  Some companies already view voluntary comprehensive ESG disclosure as a way of … Continue Reading
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