Web-Companion "Essential EU Law in Charts" 5th 'post Brexit' ed 2020

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Details... Dear Reader of "Essential EU Law in Charts, 5th 'post Brexit' edition, 2020". Please take note of the following updates and corrigenda:

Update | p. 64

Page: 064 Chart Number: 2/25 Chart Title: Membership

The information under the box “(Potential) Candidate States” in the lower half of the page must read:

EU and Euratom

Candidate States: Albania, Bosnia and Herzegovina, Georgia, Moldova, Montenegro, North Macedonia, Serbia, Turkey, Ukraine

Potential Candidate States: _ , Kosovo

Published: 14 December 2023

Update | p. 69

Page: 069 Chart Number: 2/30 Chart Title: Addressing issues raised by the withdrawal

The information in the box entitled “Through an alternative arrangement for post-membership relations” must read:

Through an alternative arrangement for post-membership relations

Various possibilities in theory, notably:
• EFTA and EEA membership (“Norway model”);
• Customs union (“Turkey model”);
• Sectoral agreements (“Switzerland model”);
• Free trade and investment agreement of the modern type (“Canada model”);
• No special arrangement, WTO law only (“Hong Kong model”).

E.g. _ the UK-EU Trade and Cooperation Agreement (2021)

Published: 16 August 2024

Update | p. 73

Page: 073 Chart Number: 2/34 Chart Title: International Cooperation and European Integration: an overview

The the box entitled “Examples:” must read:

Examples:

Relevant multilateral European treaty regarding trade issues when the following countries are involved:
• Malta and Ireland: TFEU;
• Finland and Norway: EEA Agreement;
• Switzerland and Iceland: EFTA Agreement.

 

Notes:
There are also bilateral treaties; e.g.:
• Customs Union between Switzerland and Liechtenstein (1923 – relevant for the EEA);
• Free Trade Agreement between the EEC and Switzerland (1972 – relevant for the EU);
• Customs Union between the EEC and San Marino (1991- relevant for the EU); in the future Association Agreement;
• Customs Union between the EC and Turkey (1995 – relevant for the EU);
• Deep and Comprehensive Free Trade Agreement between the EU and _Ukraine, which is part of a broader Association Agreement between the EU, its Member States and _Ukraine (2014 – relevant for the EU).

Published: 16 August 2024

Update | p. 110

Page: 110 Chart Number: 5/12 Chart Title: Social law: Involvement of the social partners (Arts. 154 and 155 TFEU)

The box entitled “EU implementation” must read as follows:

EU implementation 

  • Upon joint request of the social partners, proposal by the Commission, decision by the Council (of Ministers); UEAPME (1998)
  • Content of the directive (namely the social partner’s Framework Agreement) attached to the text of the directive

E.g. Directive 1999/70 (fixed-term work), Directive 97/81 (part-time work), formerly Directive 2010/18 (parental leave; – but not Directive 2019/1158, which _ has replaced the Parental Leave Directive)

Published: 16 August 2024

Update | p. 135

Page: 135 Chart Number: 7/5 Chart Title: Economic and Monetary Union: an overview

The information underneath the box entitled “Economic policy, Arts. 120 TFEU et seq.” on the left hand side must read:

Some important aspects:

  • Coordination of their economic policies by the Member States;
  • Obligation of the Member States to avoid or correct excessive government deficits, Art. 126 TFEU, further specified in Protocol No 12 and in the corrective part of the Stability and Growth Pact, laid down notably in Regulation 1467/97 (as last amended by Regulation _ 2024/1264); Deficit Procedure (2004);
  • Obligation to reach medium-term budgetary objectives (MTOs), Art. 121 TFEU, further specified in the preventive part of the Stability and Growth Pact, laid down notably in _ Regulation 2024/1263;
  • Macro-economic imbalances procedure (MIP), Arts. 121 and 136 TFEU, in so far as they specifically concern euro area Member States (see Chart 1/7), further specified in Regulations 1174/2011 and 1176/2011;
  • Enhancing budgetary surveillance and addressing financial stability risks for euro area Member States, Arts. 121 and 136 TFEU, further specified in Regulations 1173/2011, 472/2013 and 473/2013;
  • A permanent European Stability Mechanism (ESM), Art. 136(3) TFEU (see Chart 2/33), ESM Treaty of the euro area Member States); Pringle (2012). The ESM replaces the provisional European Financial Stabilisation Mechanism (EFSM; adopted on the basis of Art. 122(2) TFEU, Regulation 407/2010) and the European Financial Stability Facility (EFSF; created by the euro area Member States under Luxembourg law);
  • Treaty on Stability, Coordination and Governance (TSCG), including the so-called “Fiscal Compact” (not all Member States participate).
Published: 16 August 2024

Update | p. 154

Page: 154 Chart Number: 7/24 Chart Title: Data protection in the EU

For an Overview chart of the EU’s digital policies and relating regulative ‘grand design’ (with partial cross-references to OECD and Council of Europe), see https://eudigitaldesign.eur-charts.eu.

Published: 15 August 2022

Update | p. 155

Page: 155 Chart Number: 7/25 Chart Title: The General Data Protection Regulation (GDPR)

The last box at the bottom to the right must read:

Arts. 44 et seq. on the transfer of personal data to third countries or international organisations, including in particular:
• Art. 45 on adequacy decisions: the transfer may take place where the Commission has decided that the relevant law ensures an adequate level of protection;
• Art. 46(2)(c) on standard data protection clauses in contracts: adopted by the Commission in _ Implementing Decision 2021/914 (formerly Decision 2010/87).

Schrems (2020)

Published: 16 August 2024

Update | p. 192

Page: 192 Chart Number: 8/32 Chart Title: Persons and Services: holders of rights and obligations

The box in the third row entitled “Rights under Title V of Part three of the TFEU” must read:

Rights under Title V of Part three of the TFEU

E.g.:
• Directive 2003/86 (family reunification);
• Directive 2003/109 (status of long-term residents);
• Directive _ 2021/1883 (EU Blue Card Directive);
• Directive 2011/98 (single permit).

Published: 16 August 2024

Update | p. 234

Page: 234 Chart Number: 9/2 Chart Title: EU competition law: an overview

The second box from the left in the row on “Procedure” must read:

• Regulation 139/2004;
_ Regulation 2023/914.

See Chart 9/32

Published: 16 August 2024

Update | p. 248

Page: 248 Chart Number: 9/16 Chart Title: Exemptions from Art. 101(1) TFEU

The box entitled “Block Exemption Regulations” must read:

Block exemption regulations

• Vertical restraints: _ Regulation 2022/720, with _ Commission Guidelines (2023); see Chart 9/17;
• Research and development: _ Regulation 2023/1066, with _ Commission Guidelines on horizontal co-operation agreements (2023);
• Specialisation agreements: _ Regulation 2023/1067, with _ Commission Guidelines on horizontal co-operation agreements (2023);
• Technology transfer: Regulation 316/2014, with a Commission Notice (2014);
• Motor vehicle distribution: Regulation 461/2010, with _ Commission Guidelines on Vertical Restraints (2023) and Supplementary Guidelines on motor vehicles (2010).
_

Notes:
• The exemptions for insurance (Regulation 267/2010) and for liner shipping (Regulation 906/2009) have expired.
• The exemptions for consultations on air passenger tariffs and slot allocation were phased out by Regulation 1459/2006.

Published: 16 August 2024

Update | p. 261

Page: 261 Chart Number: 9/29 Chart Title: Finding of the Commission

The box entitled “Penalties” at the bottom on the right hand side must read:

Penalties

Imposition of financial penalties is possible, Arts. 23 et seq. of Regulation 1/2003:
• Fines;
• Periodic penalty payments.

The Commission Guidelines on the method of setting fines (2006) mention mitigating and aggravating circumstances; e.g. _ Google Android, involving the highest fine so far (Commission 2018, General Court 2022, appeal pending).

Ne bis in idem, Art. 6 ECHR:
• The Commission must take account of fines imposed for the same conduct under the national law of a Member State; Boehringer Mannheim (1972), SGL Carbon (2007).
• However, this does not apply in relation to fines imposed for the same conduct under the national law of a third country; SGL Carbon (2007).

Published: 16 August 2024

Update | p. 264

Page: 264 Chart Number: 9/32 Chart Title: Merger control procedure

The box entitled “Phases in the proceedings (after notification)” must read:

Phases in the proceedings (after notification)

Procedural rules: Regulations 139/2004 and _ 2023/914

Published: 17 August 2024

Update | p. 273

Page: 273 Chart Number: 9/41 Chart Title: Effect on trade and on competition

The box entitled “De minimis rule for state aid” must read:

De minimis rule for state aid

• General de minimis Regulation _ 2023/2831 (technically speaking a block exemption; exemption from the notification requirement);
• There are also a number of specific de minimis Regulations; e.g. Regulation _ 2023/2832 (SGEI; see Chart 9/36); Regulation 1408/2013 (agriculture; see Chart 8/30).

There is no longer a special threshold for road transport. Therefore, underneath the box entitled “De minimis rule for state aid”, there is no longer a need for two separate boxes. The one remaining box, still linked to the box above with a line, must read:

E.g. Art. 3 of Regulation _ 2023/2831:

Aid of ≤ EUR 300,000 over any period of 3 fiscal years is exempted (now also for road freight transport).

Published: 17 August 2024

Update | p. 275

Page: 275 Chart Number: 9/43 Chart Title: Compensation for public service obligations and state aid

The box entitled “Follow up on Altmark (2003)” must read:

Follow up on Altmark (2003)

• For certain types of public service obligations that do not meet the Altmark conditions: Commission Decision 2012/21 on State aid in the form of public service compensation (Art. 107(1) TFEU applies but there is an exemption under Art. 106(2) TFEU; no notification is required) (replaces Decision 2005/842); see also Commission Communication on a EU framework for State aid in the form of public service compensation (2011), Commission Communication on the application of the EU State aid rules to compensation granted for the provision of SGEI (2012) and Regulation _ 2023/2831 (regarding SGEI, see Chart 9/36);
• For other cases, with the exception of transport and broadcasting: Commission framework for State aid in the form of public service compensation (2011) (notification is required);
• Transport: in particular Regulation 1370/2007 (see Chart 9/42); broadcasting: Commission Communication on the application of State aid rules to public service broadcasting (2009).

Published: 17 August 2024

Update | p. 282

Page: 282 Chart Number: 10/2 Chart Title: EU social law: an overview

The box in the bottom line to the right of the box entitled “Other issues” must read:

Various directives adopted in different contexts; e.g.:
• Prohibition on the abuse of successive fixed-term employment contracts or relationships: Directive 1999/70;
• Prescription of four months of parental leave for workers (now with payment or allowance): Directive 2019/1158.

Published: 17 August 2024

Update | p. 295

Page: 295 Chart Number: 10/15 Chart Title: Enforcement of non-discrimination law

The box at the bottom entitled “Equality bodies may also play an important role in the enforcement of non-discrimination law“ and thus must read:

Equality bodies may also play an important role in the enforcement of non-discrimination law

Art. 13 of Directive 2000/43, Art. 12 of Directive 2004/113, Art. 20 of Directive 2006/54, Art. 11 of Directive 2010/41: Member States are obliged to designate a body or bodies for the promotion of equal treatment of all persons covered by the Directives. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguarding of individuals’ rights. As of 19.6.2026, see also Directives 2024/1499 and 2024/1500.

Note: Directive 2000/78 does not contain a corresponding provision, but the Proposal for a new directive (2008) does.

Published: 17 August 2024

Update | p. 300

Page: 300 Chart Number: 11/1 Chart Title: Negative and positive integration

The box entitled “Positive integration” must read:

Positive integration

Common positive rules in a given area: in particular harmonisation, i.e. substantive rules approaching the national laws to each other on a positive level; see BI

E.g.:
• Authorisation system for medicinal products, Directive 2001/83 and _ Regulation 2019/6;
• Common rules on exhaust emission systems of cars, Directive 70/157.

Published: 17 August 2024

Typographical error | p. 306

Page: 306 Chart Number: 11/7 Chart Title: Degree or type of harmonization

The box in the fifth row on the right hand side must read:

Common minimum rules beyond which the Member States may go; e.g.:

  • Art. 8(1) of Directive 92/85 on pregnancy and maternity: a continuous period of maternity leave of at least 14 weeks (health protection);
  • Art. 97(1) of Directive 2006/112 on VAT: the standard rate of value added tax may not be less than 15%;
  • Art. 6 of Directive 2003/88 on working time: at the most 48 hours of working time per week (health protection);
  • The whole of certain directives, e.g. Art. 7 of Directive 2004/113.

National rules above the EU minimum are outside the scope of the secondary law in question; TSN (2019).

Published: 10 December 2020

Update | p. 345

Page: 345 Chart Number: 12/35 Chart Title: Remedies and sanctions: specific EU law

The box in the fourth row on the right hand side entitled “Proposal for a Directive on representative actions for the protection of the collective interests of consumers” must read:

Directive 2020/1828
(representative actions for the protection of the collective interests of consumers)

Annex I lists the relevant EU law, including e.g. the GDPR (Regulation 216/679; see Chart 7/24). The previous EU data protection law merely did not preclude the Member States from providing for collective redress; Fashion ID (2019).

Published: 17 August 2024

Update | p. 348

Add the following new entry:

• Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, OJ 2021 L 149/10 (as amended)

Published: 17 August 2024

Update | p. 349

Delete the following entries:

• Regulation 1466/97/EC Regulation 1466/97/EC on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies, OJ 1997 L 209/1

 

• Regulation 802/2004/EC implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, OJ 2004 L 133/1

Published: 17 August 2024

Update | p. 350

Delete the following entries:

• Regulation 906/2009/EC on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia), OJ 2009 L 256/31

 

• Regulation 330/2010/EU on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices, OJ 2010 L 142/1

 

• Regulation 1217/2010/EU on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements, OJ 2010 L 335/36

 

• Regulation 1218/2010/EU on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements, OJ 2010 L 335/43

 

• Regulation 1175/2011/EU amending Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies, OJ 2011 L 306/12

 

• Regulation 360/2012/EU on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest, OJ 2012 L 114/8

Published: 17 August 2024

Update | p. 351

Delete the following entry:

• Regulation 1407/2013/EU on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, OJ 2013 L 352/1

 

Insert the following entries:

• Regulation (EU) 2019/6 on veterinary medicinal products and repealing Directive 2001/82/EC, OJ 2019 L 4/43

• Regulation (EU) 2022/720 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices, OJ 2022 L 134/4 (end of validity: 31.5.2034)

• Implementing Regulation 2023/914/EU implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings and repealing Commission Regulation (EC) No 802/2004, OJ 2023 L 119/22

• Regulation (EU) 2023/1066 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements, OJ 2023 L 143/9 (end of validity: 30.6.2035)

• Regulation (EU) 2023/1067 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements, OJ 2023 L 143/20 (end of validity: 30.6.2035)

• Regulation (EU) 2023/2831 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, OJ L, 2023/2831 (end of validity: 31.12.2030)

• Regulation (EU) 2023/2832 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest, OJ L 2024/2832 (end of validity: 31.12.2030)

• Regulation (EU) 2024/1263 on the effective coordination of economic policies and on multilateral budgetary surveillance and repealing Council Regulation (EC) No 1466/97, OJ L, 2024/1263

• Regulation (EU) 2024/1264 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure, OJ L, 2024/1264, 30.4.2024 Regulation (EC) No 1466/97, OJ L, 2024/1263

Published: 17 August 2024

Update | p. 353

Delete the following entries:

• Directive 2001/82/EC on the Community code relating to veterinary medicinal products, OJ 2001 L 311/1

 

• Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ 2009 L 155/17 (no longer in force)

 

• Directive 2010/18/EU implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC, OJ 2010 L 68/13

Published: 17 August 2024

Update | p. 354

Insert the following entries:

• Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC, OJ 2020 L 409/1 (as amended)

• Directive 2021/1883/EU on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ 2021 L 382/1

• Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC, OJ L, 2024/1499, 29.5.2024

• Directive (EU) 2024/1500 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU, OJ L, 2024/1500, 29.5.2024

Published: 17 August 2024

Update | p. 355

Delete the following entry:

• Decision of 27 June 2017, AT.39740 – Google Search (Shopping), C(2017) 4444 final

 

Insert the following entry:

• Decision of 18 July 2018, AT.40099 – Google Android, C(2018) 4761 final

Published: 17 August 2024

Update | p. 356

Insert the following entry:

• Implementing Decision (EU) 2021/914 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, OJ 2021 L 199/31

Published: 17 August 2024

Update | p. 356

Delete the following entries:

• Commission Notice: Guidelines on Vertical Restraints, OJ 2010 C 130/1 (no longer in force)

 

• Commission Guidelines the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, OJ 2011 C 11/1

Published: 17 August 2024

Update | p. 357

Insert the following entries:

• Commission Notice: Guidelines on vertical restraints, OJ 2022 C 248/1

• Communication from the Commission: Amendments to the Commission Notice – Supplementary guidelines on vertical restraints in agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles, OJ 2023 C 133 I/1

• Commission Guidelines the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, OJ 2023 C 259/1

Published: 17 August 2024

Update | p. 370

In the list of cases, replace:

Google (pending): Case T-612/17 Google v Commission (pending)……….9/29

by:

Google Android (2022): Case T-604/18 Google and Alphabet v Commission (Google Android), ECLI:EU:T:2022:541 (appeal pending: Case C-738/22 P)……….9/29

Published: 17 August 2024