Study to support the review of Directive 2003/98/EC on the re-use of public sector information

Spark Legal Network, in collaboration with Deloitte, Open Evidence, WIK Consult and time.lex, has been carrying out the study to support the review of Directive 2003/98/EC on the re-use of public sector information, for the European Commission (DG CONNECT). The study involves the evaluation of the functioning of the PSI Directive based on the state of play regarding the re-use of public sector information in the 28 EU MS. It also includes an evaluation of the changes introduced by revision of the PSI Directive in 2013 and the interplay between the PSI Directive and other relevant pieces of legislation, such as the INSPIRE Directive. Based on the results of the evaluation, the study also assesses the expected impact of a limited number of policy options, and compares the different options.

For further information about this project, please get in touch via email.

Publication of the Final Report of the study “An evaluation of the anti-doping laws and practices in the EU Member States in light of the General Data Protection Regulation”.

Tilburg University Institute for Law Technology and Society, and Spark Legal Network have completed the study “An evaluation of the anti-doping laws and practices in the EU Member States in light of the General Data Protection Regulation” for DG for Education and Culture. This study examined the relationship between anti-doping laws and practices in the EU and the European data protection framework, in particular the General Data Protection Regulation.

The research involved the conduct of legal desk research by national legal experts on the national laws regarding anti-doping and data protection in each of the 28 Member States. In addition, the study team interviewed the NADOs (National Anti-Doping Organisations) of 12 selected countries, a DPA (Data Protection Authority), WADA (World Anti-Doping Agency), EU Athletes, and one IF (International Federation).

Based on the results of the above research, the study team developed conclusions and provided recommendations regarding different possibilities to be explored in order to address the issue of the protection of personal data in the current system of anti-doping.

New Study – Operational restrictions in the retail sector

Spark, in collaboration with London Economics and Valdani, Valdani & Associati (VVA Europe) and GDCC, has begun a study on operational restrictions in the retail sector, for the European Commission (DG GROW). The study will involve the identification, mapping and describing of national and regional regulations that may have a negative impact on daily operations of retail companies in the 28 EU Member States and Norway.

 For further information about this project, please get in touch via email.

New Study – Assessment of the regulatory aspects affecting the collaborative economy in the tourism accomodation sector in the 28 EU Member States

Spark, in collaboration with Valdani, Vicari & Associati (VVA Europe), has begun a study on the assessment of the regulatory aspects affecting the collaborative economy in the tourism accommodation sector in the 28 Member States, for the European Commission (DG GROW). The study will involve the mapping of the regulatory environment at national level, a legal assessment of the regulatory framework, the creation of an openness scoring, market case studies and the development of best practices in the sector.  The results of the study are expected in September 2017.

 For further information on collaborative economy regulatory issues at the EU or Member State level, or to enquire about this project, please get in touch via email.

New Study – Evaluation of the Ten-E Regulation and assessing the impacts of alternative policy scenarios

Spark will perform a quality assurance role on an evaluation and impact assessment concerning the TEN-E Regulation, which was recently awarded by DG ENTR to a consortium led by Trinomics. The general objective of the study is twofold. First, it is to provide the Commission with an independent evaluation of the Regulation, in particular collecting evidence where the PCI framework may not be delivering as expected. Second, it is to assist the Commission in assessing the impacts of a number of alternative policy scenarios in the framework of Trans-European Energy Networks. The study is expected to last 12 months.

 

Support study for impact assessment concerning the review of Merger Regulation regarding minority shareholdings

The European Commission has published a study conducted by Spark Legal Network and the University of Queen Mary concerning the review of the Merger Regulation regarding minority shareholdings. The study involved the assessment of the features of a certain number of national merger control regimes, which provide for the control of minority shareholdings´ acquisitions; and research on rights attached to different levels of minority shareholdings. On the basis of the data collected, the study analyses the modalities of merger control of minority acquisitions in the various jurisdictions, in order to present important considerations which any EU regime being designed should consider. Finally, the study considers whether it is possible to define a level below which shareholding might be generally considered to be passive.

For further information please see the link:  http://ec.europa.eu/competition/publications/reports/KD0416839ENN.pdf

Review of current national rules and practices relating to risk preparedness in the area of security of supply

Spark Legal Network, together with VVA Europe have now completed the final report for our study on the ‘Review of current national rules and practices relating to risk preparedness in the area of security of electricity supply’, launched by DG ENER. The study was carried out with the assistance of Spark’s excellent network of national legal experts. The project helps to lay the ground for new EU legislation relating to security of electricity supply in Europe to be proposed by the European Commission in the near future, as part of a broader set of initiatives to reform the EU framework governing electricity markets.

The study provided the European Commission with a complete overview of the various provisions and practices and of the gaps and inconsistencies between the national strategies in relation to risk assessment, risk preparedness and emergency situations in the area of electricity of supply. The conclusions to this study show a relatively fragmented landscape among Member States. Security of electricity supply may, in a number of Member States, still be considered a national issue, although it can be seen that (bilateral and regional) cooperation is starting to develop at the policy level (while this is much more established at a technical level (TSOs, DSOs)).

For further information regarding the legal framework of security of electricity supply, this specific project or other EU law queries, contact us on info@sparklegalnetwork.eu

Legal review on industrial design protection in Europe

The European Commission has published the Legal Review of Industrial Design Protection in Europe, which was conducted by Spark Legal Network, Queen Mary University of London, Time.lex and Indiville.

The report concludes, in respect of several aspects of the design system, that the desired level of harmonization has been achieved, and the functioning of the internal market with regard to goods embodying designs has been facilitated. However, it also identifies those areas of difficulty, which have the potential to negatively influence the accessibility and smooth running of the system.

In general, the report appreciates the need for EU design law to develop organically via judicial interpretation, whether through the EUIPO or the EU courts. In some of these cases, national offices and courts have made considerable effort to align their case-law with EU decisions. Conversely, the report cautions against overestimating the ability of EU institutions to synergise the disparate experiences and practices of 28 Member States.

The study team noted difficulties with regard to the subject matter of protection, which in turn lead to dissatisfaction relating to disparate areas of inquiry, including the definition of design, the concept of functionality, the notion of disclosure, the scope of protection, and the adjacent administrative implementation of legal policies and rules. In these instances, the study team hesitantly champions the ability of the national offices or the EU institutions to change direction, in order to align it across the EU. In light of this, revisions to the Design Directive have been recommended where changes to language, or clarity in approaches are required.

A secondary set of conclusions, which this enquiry elicited concern the future of design law in light of new technologies and market environments, specifically in two areas: spare parts and 3D printing. Regarding spare parts, the stand-still clauses in the Design Directive, and the “must match” clause in the Design Regulation had led to a split in the approaches of the various Member States under scrutiny. The multi-faceted approach that is clearly seen among the Member States calls for some institutional intervention, and recommendations have been made as to how this might be achieved. Conversely, in relation to 3D printing, the conclusion from surveys, interviews and desk research is that this is a fresh area of technology, and as such, conclusions should not be drawn without further empirical, academic and judicial substantiation.

For questions about the study – or more generally about EU design law – please get in touch

Study on compliance-check of national regulatory practise with Article 13 of Regulation (EU) 347/2013

Spark is excited to announce that we have kicked off a new study on compliance-check of national regulatory practises with Article 13 of Regulation (EU) 347/2013 for DG Energy. Together with our partner VVA Europe and with our network of experts, we will assess the 28 Member States’ revised methodologies and criteria, evaluating whether the risks of the Projects of Common Interest (PCI) are higher than comparable projects and deserve appropriate incentives.

For questions about the study or any other energy law related issue, please do not hesitate to contact us.

Spark starts DG ENER study with VVA

We are excited to announce that we have just kicked off our new study on risk preparedness in electricity security of supply for DG Energy. Together with our partner VVA Europe and our excellent team of legal experts, we will identify and map the current legal framework and practices in the 28 Member States with regard to security of electricity supply in the short term. The study will focus on how the EU countries identify, prevent, prepare and respond to security of supply risks and emergency situations and how the cross-border dimension of electricity outages and disconnections is taken into account.

For questions about the study or any other energy law related issue, please do not hesitate to contact us.