Latest documents

Summary : More than 3 years after the entry into application of the Geo-blocking Regulation (GBR) and more than 2 years after the publication of the Commission report on the first short-term review of the GBR, the European Parliament's Committee on the Internal Market and Consumer Protection (IMCO) decided to draft a report to establish the extent to which implementation of the GBR had contributed to the integration of the internal market and thereby to better deals for consumers and more opportunities for businesses. The present EIA seeks to assist the IMCO committee in its drafting process, by synthesising the available information on the implementation and enforcement of the GBR. It therefore presents relevant material such as reports and opinions of EU institutions, EU bodies and stakeholders.

Authors : ECKHARD BINDER

Summary : The current situation in Ukraine has led to severe supply chain disruptions, contributing to a sharp increase in food and commodity prices globally and the limitation of fossil fuel imports from Russia to the EU. Moreover, to end Europe's dependence on semiconductor suppliers from Asian countries, it is necessary to take immediate action of a structural nature, involving all EU Member States and all participants in regional supply markets. The overall aim of this study was to identify drivers of and barriers to building up open strategic autonomy at EU level, before recommending coordinated solutions and addressing supply chain resilience in four critical areas: food security, energy security, semiconductors and satellite communications. This research seeks to contribute to the European Parliament's future work by providing insights into how to protect the European agricultural sector, ensure energy security and the technological sovereignty of semiconductor production, and improve satellite communications.

Authors : DG, EPRS

Summary : The IA provides a good overview of the problems relating to packaging and packaging waste, and the possible impacts of the various measures proposed to address the problems. In its assessment, which is both qualitative and quantitative, the IA relies on a wealth of data sources and modelling. However, it does not clearly indicate the IA supporting studies and their full references; this would have improved transparency. The IA presents three policy options, which are partially incremental and cannot therefore serve as self-standing alternatives. The IA provides sufficient justification for the preferred option. Broad stakeholder consultations were carried out and the IA presents stakeholders' views, although on individual measures rather than on the three policy options. The description of the monitoring and evaluation plan is rather limited; for example, the operational objectives and the timeframe for the evaluation are not explained. On a technical point, the IA could have made more use of the material from the extensive annexes, for example, to describe the policy options and the third problem in more detail in the main text.

Authors : ULLA-MARI TUOMINEN

Summary : Implementation of EU customs legislation with regard to areas such as risk management and impact management measures differs across Member States. National systems also diverge in the extent to which they have been updated in line with the UCC. Furthermore, significant differences in sanctions regimes create barriers to trade and distortions in the Single Market. This study makes recommendations to Member States and the EU to address some of the weaknesses of the current customs controls and sanctions regime. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Pierre HAUSEMER, VVA Brussels Ivan BOSCH CHEN, VVA Brussels Nelly PATROCLOU, VVA Brussels

Summary : The rise of online sales and marketplaces poses new challenges to product safety, consumer protection, and unfair business practices. At the same time, e-commerce has the potential to facilitate more sustainable production processes and consumption patterns and ensure more circularity. This study provides information on the role of e-commerce in implementing the European Green Deal and makes recommendations for future action. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Luena COLLINI, VVA Brussels Dr. Pierre HAUSEMER, VVA Brussels Ivan BOSCH CHEN, VVA Brussels Jelena VITIC, VVA Brussels J. Scott MARCUS, Bruegel Marie LE MOUEL, Bruegel Marina DUMONT, Pre-sustainability Emilia INGEMARSDOTTER, Pre-sustainability Luca ZAMPORI, Pre-sustainability

Summary : This paper provides a graphic overview on core legislation in the area of the Internal Market and Consumer Protection. The presentation essentially covers the areas within the responsibility of the Committee on Internal Market and Consumer Protection, but also displays neighbouring areas of other Committees' competences which are closely connected to and impacting on IMCO's work. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies and the Secretariat of the Committee on Internal Market and Consumer Protection (IMCO) at the request of the Committee on Internal Market and Consumer Protection.

Authors : ELENA MAINARDI, MICHAL CZAPLICKI, BARBARA MARTINELLO, DAVID ASHTON, KADRI BRUGEL, Bozica MATIC, Atanaska KOLEVA, DIANE BOURLON DE ROUVRE, GAETANO DE SALVO, SOULTANA DIMOU, MARKO ĆAVARA, JANA CIBIKOVA, SIGNE WINTHER JENSEN, MATHIAS WOSYKA, AGNIESZKA MONIKA WOLSKA, CATHAL LYNCH

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : Overall, the IA describes the scope of the problem sufficiently well, and explains briefly, but convincingly, the need for EU action, although proportionality does not appear to have been dealt with in any depth. The IA does not define any operational objectives, which would illustrate what the deliverables of the specific policy actions are, although it identifies monitoring indicators for the specific objectives. The sufficient range of retained policy options is structured according to increasing levels of regulatory intervention, and appears to be convincing. However, the IA would have benefited from providing a more user-friendly description of some of the envisaged measures. On the whole, the IA appears to have analysed aspects of the economic impact satisfactorily, while the analysis regarding environmental impacts is very limited, although this appears justified based on the problem definition and the objectives identified. As regards social impacts, the IA quantifies the benefits, expressed in terms of savings in health expenditure, for healthcare providers, patients, researchers and innovators. The analysis regarding the impact on SMEs is rather weak, not least considering that 95 % of the companies operating in the medical technologies sector are SMEs. The analysis of the impact on innovation is not dealt with comprehensively, whereas this would perhaps have been warranted considering that increasing innovation in health products and services is part of the general and specific objectives, while the analysis regarding competitiveness is almost non-existent. The IA appears to have addressed the RSB's comments only partially. The proposal appears to be consistent with the analysis carried out in the IA as regards the envisaged measures included in the preferred options.

Authors : STEFANO VETTORAZZI

Summary : The study conceptualises personal pricing, distinguishing different forms including individual prices and group prices. It summarises empirical insights on the occurrence of personal pricing in practice and related consumer attitudes. In its legal part, it analyses whether and how current EU law deals with this phenomenon and identifies regulatory gaps and legal uncertainty, on the basis of which recommendations for future regulation of personalised pricing are presented. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the Committee on Internal Market and Consumer Protection (IMCO).

Authors : Prof. Dr. Peter ROTT, Civic Consulting / Carl von Ossietzky University of Oldenburg Dr. Joanna STRYCHARZ, Civic Consulting / University of Amsterdam Dr. Frank ALLEWELDT, Civic Consulting

Summary : Implementation of EU customs legislation with regard to areas such as risk management and impact management measures differs across Member States. National systems also diverge in the extent to which they have been updated in line with the UCC. Furthermore, significant differences in sanctions regimes create barriers to trade and distortions in the Single Market. This study makes recommendations to Member States and the EU to address some of the weaknesses of the current customs controls and sanctions regime. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Pierre HAUSEMER, VVA Brussels Ivan BOSCH CHEN, VVA Brussels Nelly PATROCLOU, VVA Brussels With the support of Santiago IBAÑEZ MARSILLA, Michael LUX, and Michaël VAN GIEL

Summary : The European Commission plans to launch its revised EU pharmaceutical package in the first quarter of 2023. Ahead of its release, two recent STOA studies offer insight to inform upcoming Parliamentary discussions. Fragmentation of EU health research and development, lack of transparency and a translation gap between public investment and clinical output are among the weaknesses identified. Possible solutions include the creation of large-scale European biomedical infrastructure, and a series of targeted strategies to improve EU health research coordination and reprioritise areas of unmet therapeutic need.

Authors : LUISA ANTUNES

Summary : The present impact assessment (IA) accompanies the proposal for horizontal cybersecurity requirements for products with digital elements. The IA's strong points include a well-substantiated problem definition, an evidence base that appears to be recent and relevant, and a transparent account of the assumptions and limitations of the analysis. Furthermore, an effort has been made in the IA to quantify the total costs and benefits for the manufacturers of products with digital elements. However, the IA's analysis is predominantly economic, with little focus on environmental or social impacts. In addition to this, the general objectives set in the IA already appear rather prescriptive, leaving only two options that envisage horizontal requirements as real alternatives. Moreover, the IA has only partially reported on the stakeholder consultation activities, has not carried out a proper SME panel consultation, and did not explain why the open public consultation was reduced to 10 weeks.

Authors : Vera VIKOLAINEN

Summary : The ex-ante analysis of this initiative, aimed at addressing impacts on the single market caused by a potential future crisis, implies major uncertainties and limitations, openly acknowledged by the IA (notably owing to a lack of data). Notwithstanding this important caveat, the IA develops a clear intervention logic, linking the problems with objectives to achieve through three policy options, without, however, fully complying with the Better Regulation Guidelines. It assesses the broad scope of potential impacts of these options (rather than specific impacts), and compares their effectiveness, efficiency and coherence. The interaction with other EU or national anti-crisis tools, including the recently proposed EU chips act, could have been addressed more thoroughly, and more efforts could have been made to quantify at least some effects. Taking the proportionality and subsidiarity principles consistently into account – and notably stakeholder concerns in this respect – the IA does not select a preferred option. This reflects the particularly sensitive, political nature of the decision on the degree of the EU's competence to intervene, under set conditions, in economic processes, so as to avoid disruptions of the single market and EU supply chains in a future crisis.

Authors : Esther KRAMER

Summary : The rise of online sales and marketplaces poses new challenges to product safety, consumer protection, and unfair business practices. At the same time, e-commerce has the potential to facilitate more sustainable production processes and consumption patterns and ensure more circularity. This study provides information on the role of e-commerce in implementing the European Green Deal and makes recommendations for future action. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Luena COLLINI, VVA Brussels Dr. Pierre HAUSEMER, VVA Brussels Ivan BOSCH CHEN, VVA Brussels Jelena VITIC, VVA Brussels J. Scott MARCUS, Bruegel Marie LE MOUEL, Bruegel Marina DUMONT, Pre-sustainability Emilia INGEMARSDOTTER, Pre-sustainability Luca ZAMPORI, Pre-sustainability

Summary : The study conceptualises personal pricing, distinguishing different forms including individual prices and group prices. It summarises empirical insights on the occurrence of personal pricing in practice and related consumer attitudes. In its legal part, it analyses whether and how current EU law deals with this phenomenon and identifies regulatory gaps and legal uncertainty, on the basis of which recommendations for future regulation of personalised pricing are presented. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the Committee on Internal Market and Consumer Protection (IMCO).

Authors : Prof. Dr. Peter ROTT, Civic Consulting / Carl von Ossietzky University of Oldenburg Dr. Joanna STRYCHARZ, Civic Consulting / University of Amsterdam Dr. Frank ALLEWELDT, Civic Consulting

Summary : Antimicrobial-resistant infections are predicted to become the second biggest cause of death worldwide by 2050. Despite increasing investment in the development of new antimicrobials, awareness campaigns on antimicrobial misuse and abuse, and monitoring of antimicrobial use and resistance in animals, humans and the environment, antimicrobial resistance continues to grow and the last three decades have not seen even one novel antimicrobial class reach the market. Could the answer lie in a 'Trojan horse' strategy to disrupt a natural physiological process common to all bacteria?

Authors : LUISA ANTUNES

Summary : The present impact assessment (IA) accompanies the proposal amending the 2011 Consumer Rights Directive and repealing the 2002 Distance Marketing of Consumer Financial Services Directive. It is informed by the findings of the Commission's ex-post evaluation of the directive and the evaluation support study, which preceded the IA, in line with the Better Regulation Guidelines' 'evaluate first' principle. The IA's strong points include a well-substantiated problem definition and an evidence base that appears to be recent and relevant. Furthermore, the range of options appears satisfactory, and they represent realistic alternatives. However, the IA's objectives comply only partially with the definition of SMART (specific, measurable, achievable, relevant and time-bound), as they are neither measureable nor achievable, owing to the absence of concrete deliverables and the inclusion of difficult-to-measure concepts. Furthermore, the IA does not compare the options in terms of their proportionality. The fact that IA support study carried out by an external consortium of consultants, the open public consultation summary report, and the contributions received and their annexes were not publicly available at the time of writing undermines the report's transparency. Lastly, the lack of operational objectives in the IA and the fact that the monitoring and evaluation provisions are not taken over in the proposal can undermine the measurement of the initiative's success.

Authors : Vera VIKOLAINEN

Summary : The IA provides a good information package concerning the revision of the CPR, including a summary of the SME test that was carried out, relying on a wealth of evidence, studies and reports. Yet, while the problem definition is well evidenced, the description of the problems and their scale would have benefited from more detailed explanations. In the extensive stakeholder consultations, stakeholders had different views about the policy options; for example, the preferred option received less support than the options suggesting keeping the baseline or making a revision without major changes. The stakeholder feedback lacked detailed information on the nature of costs for manufacturers and the response rate was low, which weakens the economic analysis and raises doubts about the representativeness of the stakeholder views. The Commission openly explains the uncertainties affecting the economic analysis as well as those linked to the assessment of the risks on health and safety due to the lack of data. The IA provides the justification for the preferred option in terms of effectiveness and coherence criteria, but the efficiency aspect lacks robustness (the comparison of the options is only qualitative). The preferred sub-option of the preferred option was developed after the stakeholder consultation, and therefore the IA does not reflect stakeholders' views on it.

Authors : ULLA-MARI TUOMINEN

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : The IA is based on solid expertise, with ample information in 13 annexes, some of which form an integral part of the analysis (namely Annexes 5 and 12 for the problem definition and Annex 8 for the assessment of the options' impacts). The qualitative and quantitative assessment of the options is concise, balanced and logical. The IA is transparent regarding methods, assumptions and uncertainties in the analysis, which it addresses through a sensitivity analysis to ensure a robust evidence base. The impacts of all options are assessed against a set of 16 criteria and compared to the baseline in terms of their effectiveness, efficiency, coherence and proportionality. The IA decides against options it considers disproportionate, such as an EU body to pre-approve sustainability labels. It highlights the importance of coherence with other complementary EU actions, but potential interactions could have been indicated in a more precise and structured manner, to better illustrate potential overlaps.

Authors : Esther KRAMER

Summary : This document is a compilation of briefings that track the commitments made by the Vice-Presidents and Commissioners to the European Parliament – in their written answers to Parliament’s questions, at their hearings, and, in some cases, in subsequent appearances before Parliament’s committees. The document provides an overview of the state-of-play at the mid-term of the von der Leyen Commission. Since many of these commitments were made, major international crises have shifted some political priorities. The Vice-Presidents’ and Commissioners’ progress on their commitments should be considered in this context.

Summary : This briefing follows up the commitments made by the commissioner since 2019.

Summary : This briefing follows up the commitments made by the commissioner since 2019.

Summary : Using available data, the AAG examines the practice of granting credit on the legal basis of credit agreements in the form of an overdraft facility and overrunning in the whole EU and, in more depth, in selected Member States. Furthermore, the study analyses the state of consumer protection in the currently valid Consumer Credit Directive on these types of credit agreements and identifies a number of possibilities for future regulations to improve the so far limited protection in this credit sector. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the Committee on Internal Market and Consumer Protection (IMCO).

Authors : Kai-Oliver KNOPS, University of Hamburg

Summary : Using available data, the study examines the practice of granting credit on the legal basis of credit agreements in the form of an overdraft facility and overrunning in the whole EU and, in more depth, in selected Member States. Furthermore, the study analyses the state of consumer protection in the currently valid Consumer Credit Directive on these types of credit agreements and identifies a number of possibilities for future regulations to improve the so far limited protection in this credit sector. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the Committee on Internal Market and Consumer Protection (IMCO).

Authors : Kai-Oliver KNOPS, University of Hamburg.

Summary : The original full study examines how new technologies and digital solutions can help improve consumers’ awareness, while also guaranteeing a better safety of products placed on the Single Market. The study formulates recommendations that provide a framework for a better alignment of existing legislation on product safety and digital services, as well as the European Community sustainability objectives.

Authors : Gaëtan COAT ANROCH, et al.

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : The General Product Safety Directive is a cornerstone of the EU product safety legislative framework. Issues and emerging trends have however impacted the effectiveness of the current Directive. This study examines how new technologies and digital solutions can help improve consumers’ awareness, while also guaranteeing a better safety of the products placed on the Single Market. The study formulates recommendations that provide a framework for the better alignment of existing legislation on product safety and digital services, as well as the European Community sustainability objectives. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Gaëtan COATANROCH, Technopolis Reda NAUSEDAITE, Technopolis Morgane VEILLET LAVALLEE, Technopolis Ivette OOMENS, Technopolis Maarten BOTTERMAN, GNKS Consult Jonathan CAVE, GNKS Consult Elmar CLOOSTERMAN, Technopolis Clara THEBERT, Technopolis Frank ALLEWELDT, Civic Consulting (second reader)

Summary : This research paper provides insight into GovTech and innovation in the context of public procurement. It examines the possibilities for developing an EU GovTech Platform with the aim of supporting the modernisation of the public sector; the further development of the European GovTech market; and engagement with citizens and businesses. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Marissa HOEKSTRA, TNO Cass CHIDEOCK, TNO Gabriela BODEA, TNO Nitesh BHAROSA, TU Delft Jonathan CAVE, GNKS Consult Ben KOKKELER, Technopolis Ivette OOMENS, Technopolis Annelieke VAN DEN BERG, TNO Anne Fleur VAN VEENSTRA, TNO Frank ALLEWELDT (second reader), Civic Consulting

Summary : This initiative focuses specifically on the issue of economic coercion and the EU's possible response, aiming to preserve the EU's open strategic autonomy and policy-making space. The IA clearly defines the problem, its underlying causes, and the objectives to address it. The creation of a new legal instrument to deter and counteract economic coercion is the only type of option retained for analysis. This presumably follows on from the political commitment made in early 2021 (although this is not stated explicitly in the IA). This option was broken down into several policy options based on possible parameters used for the design of the instrument. The IA is substantiated by academic work, stakeholders' contributions and examples. The majority of stakeholders support a new policy instrument and their input contributed to the design of the proposed instrument. The IA focuses mostly on economic impacts, while social and environmental impacts are assessed briefly. Important benefits are expected from the instrument. Costs are expected only from its use, in particular from the application of countermeasures. The IA focuses on a qualitative assessment of impacts linked to the instrument's creation and existence, acknowledging that the impacts linked to the instrument's use are difficult to estimate at the design stage. Adequate monitoring and evaluation of the use of the instrument and of progress made against the objectives will therefore be important aspects that would have benefited from further detail in terms of indicators and provisions. The proposal generally reflects the preferred option of the IA, although some elements differ from the IA, such as the objectives and definition of economic coercion.

Authors : VERONIQUE GIRARD

Summary : This research paper provides insight into GovTech and innovation in the context of public procurement. It examines the possibilities for developing an EU GovTech Platform with the aim of supporting the modernisation of the public sector; the further development of the European GovTech market; and engagement with citizens and businesses. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Marissa HOEKSTRA, TNO Cass CHIDEOCK, TNO Gabriela BODEA, TNO Nitesh BHAROSA, TU Delft Jonathan CAVE, GNKS Consult Ben KOKKELER, Technopolis Ivette OOMENS, Technopolis Annelieke VAN DEN BERG, TNO Anne Fleur VAN VEENSTRA, TNO Frank ALLEWELDT (second reader), Civic Consulting

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : This collection of studies presents expert studies and workshop proceedings related to relevant topics of the DSA and the DMA, focusing on opportunities and challenges for the digital single market and consumer protection. The studies result from the ongoing interest of the IMCO committee in improving the functioning of the digital single market and developing e-commerce rules based on scientific evidence and expertise.

Authors : Christina RATCLIFF, KEVIN PAUL KAISER

Summary : Influencer marketing as part of the advertising industry has grown significantly in recent years, becoming one of the most popular and effective forms of online advertising. The fast-growing market of influencers comes with potential risks for consumers and creates several challenges for regulators. This study provides information and analysis on the impact of influencers on advertising and consumer protection in the Internal Market, identifies best practices and makes recommendations for future action. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Frithjof MICHAELSEN (VVA Brussels) (Lead author) Luena COLLINI (VVA Brussels) (Lead author) Cécile JACOB (VVA Brussels) Dr Catalina GOANTA (Utrecht University) Dr Sara Elisa KETTNER (ConPolicy Institute) Dr Sophie BISHOP (University of Sheffield) Dr Pierre HAUSEMER (VVA Brussels) Prof Dr Christian THORUN (ConPolicy Institute) Dr Sevil YESILOGLU (London College of Communication)

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : The impact assessment (IA) supporting the proposal 'Fuel EU Maritime' provides a qualitative and quantitative analysis, which is based on sound and recent data. It also explains some uncertainties in the analysis of impacts. The IA presents a well-evidenced problem definition and a sufficiently broad range of policy options. The quality of the IA is weakened by some inconsistencies in the comparison of options. In addition, the IA does not assess to what extent SMEs are effected of this proposal and the stakeholders' views on the fully fledged options are not indicated. It can be noted also that the open public consultation period does not meet the 12 week-requirement.

Authors : ULLA-MARI TUOMINEN

Summary : Influencer marketing as part of the advertising industry has grown significantly in recent years, becoming one of the most popular and effective forms of online advertising. The fast-growing market of influencers comes with potential risks for consumers and creates several challenges for regulators. This study provides information and analysis on the impact of influencers on advertising and consumer protection in the Internal Market, identifies best practices and makes recommendations for future action. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Frithjof MICHAELSEN (VVA Brussels) (Lead author) Luena COLLINI (VVA Brussels) (Lead author) Cécile JACOB (VVA Brussels) Dr Catalina GOANTA (Utrecht University) Dr Sara Elisa KETTNER (ConPolicy Institute) Dr Sophie BISHOP (University of Sheffield) Dr Pierre HAUSEMER (VVA Brussels) Prof Dr Christian THORUN (ConPolicy Institute) Dr Sevil YESILOGLU (London College of Communication)

Summary : The Commission is proposing a new directive on consumer credits to amend the Radio Equipment Directive by introducing provisions regarding common mobile phone chargers. This initial appraisal of the Commission’s impact assessment accompanying the proposal finds that the impact assessment appears to provide a comprehensive assessment, based on a sound evidence base, of the impacts of the policy options, though the assessment would have benefited from a more thorough discussion of the alignment of the initiative with the proportionality principle and the impacts accruing to SMEs.

Authors : HUBERT DALLI

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : This briefing provides an initial analysis of the strengths and weaknesses of the impact assessment (IA) accompanying the Commission proposal for a regulation on general product safety aimed at ensuring that EU consumers are protected from dangerous non-food products. The IA defines clearly the problems to be addressed and their analysis appears to be satisfactory but the description of how they would evolve without any EU intervention is limited. The IA does not compare the retained options in terms of efficiency, and proportionality. The IA appears to have done a convincing analysis of the economic and social impacts of the options retained for assessment. The IA includes a very comprehensive reports of the consultations held, specifically referring to the received feedback in several parts of the report. Overall, the analysis carried out in the IA appears to be well grounded. The IA appears to have addressed the RSB's comments. The proposal appears to be largely consistent with the analysis provided in the IA.

Authors : STEFANO VETTORAZZI

Summary : In November 2020, the European Parliament's Subcommittee on Tax Matters requested authorisation to draw up an implementation report on the implementation of the Sixth VAT Directive. Olivier Chastel (Renew Europe, Belgium) has been appointed as rapporteur for the report. To further support the Subcommittee on Tax Matters in its scrutiny work on the subject, the Ex-Post Evaluation Unit within the European Parliamentary Research Service has drawn up the present European implementation assessment. It focuses on the causes underlying the huge gap between the VAT projected and de facto collected, by looking at factors such as the Member States' disparate VAT systems and at the effects of reduced VAT rates on businesses and consumers.

Authors : ECKHARD BINDER

Summary : In this research paper, we provide a comprehensive overview of online advertising markets and we analyse the challenges and opportunities concerning digital advertising. We review the degree to which existing and proposed legislation at EU level addresses the identified problems, and identify potential solutions, with reference to experience from EU Member States and third countries. We conclude with a synthesis and specific policy recommendations, drawing on stakeholder interviews.

Authors : Niklas FOURBERG, Serpil TAŞ, Lukas WIEWIORRA, Ilsa GODLOVITCH, Alexandre DE STREEL, Hervé JACQUEMIN, Jordan HILL, Madalina NUNU, Camille BOURGUIGON, Florian JACQUES, Michèle LEDGER and Michael LOGNOUL

Summary : The Commission is proposing a new Artificial Intelligence Act laying down rules harmonised rules on AI. This initial appraisal of the Commission’s impact assessment on the proposal notes how the impact assessment the impact assessment banks on a wealth of available research on the topic at hand and uses numerous sources to underpin the discussion. It observes that the impact assessment offers a diverse and realistic range of options and traces a clear intervention logic connecting the problems and their drivers with the specific objectives and the policy options.

Authors : HUBERT DALLI

Summary : This briefing checks the quality of the Commission impact assessment (IA) accompanying the regulation proposal on machinery products. It finds that the assessment, which is based on various data sources, is mostly qualitative, and explains openly the analytical methods and data limitations. Furthermore, the scale of all problems and the efficiency aspect in the comparison of the options could have been further explained. The briefing also stresses that the IA could have been more informative in terms of the stakeholder consultations. It also finds it questionable whether the SME Test has been duly conducted.

Authors : ULLA-MARI TUOMINEN

Summary : Directive 2008/48/EC on credit agreement for consumers (the CCD) is part of the legal framework tackling consumer protection and the development of the internal market. Despite improvements in enforcing consumer protection policy, there are shortcomings in particular regarding the scope of application of the directive and the uneven regulatory choices made in the 27 EU Member States for implementing it. Moreover, there are new challenges – such as digitalisation and data collection, use and processing – that require immediate attention. This implementation appraisal looks at the practical implementation of the CCD in light of the expected Commission proposal for its revision. According to the Commission work programme 2021, the proposal will be submitted in the second quarter of 2021, after having been initially part of the 2020 refit programme (see Legislative Train Schedule, EPRS).

Authors : MARIE-ASTRID HUEMER

Summary : Two decades after the entry into force of the General Product Safety Directive, the internal market is witnessing an increasing presence of products made with the use of or involving new technologies, online marketplaces are mushrooming, and a growing amount of products are entering the internal market from outside the European Union through these online marketplaces. Since the General Product Safety Directive does not have any provisions to guarantee that these products are safe for use, there are concerns that consumer protection on the internal market might be compromised. In order to keep guaranteeing the safety of all products, the European Commission's forthcoming proposal will aim to deal with these new challenges for product safety and to find a balance between ensuring unhindered trade and guaranteeing the safety of all products on the internal market.

Authors : ECKHARD BINDER

Summary : This At A Glance summarises the original workshop proceedings, which presented the discussions that took place during the IMCO online workshop held on 26 May 2021 on the Digital Services Act (DSA) and the Digital Markets Act (DMA). The workshop was structured in two panels, each consisting of three presentations and two Q&A sessions. The first panel focused on the DSA. The second panel was devoted to the DMA. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies for the committee on Internal Market and Consumer Protection (IMCO).

Authors : Lukas WIEWIORRA and Ilsa GODLOVITCH

Summary : These proceedings summarise the presentations and discussions that took place during the IMCO online workshop held on 26 May 2021 on the Digital Services Act (DSA) and the Digital Markets Act (DMA). The workshop was structured in two panels, each consisting of three presentations and two Q&A sessions. The first panel focused on the DSA. The second panel was devoted to the DMA. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies for the committee on Internal Market and Consumer Protection (IMCO).

Authors : Lukas WIEWIORRA and Ilsa GODLOVITCH

Summary : In this research paper, we provide a comprehensive overview of online advertising markets and we analyse the challenges and opportunities concerning digital advertising. We review the degree to which existing and proposed legislation at EU level addresses the identified problems, and identify potential solutions, with reference to experience from EU Member States and third countries. We conclude with a synthesis and specific policy recommendations, drawing on stakeholder interviews. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies for the committee on the Internal Market and Consumer Protection (IMCO).

Authors : Niklas FOURBERG, Serpil TAŞ, Lukas WIEWIORRA, Ilsa GODLOVITCH, Alexandre DE STREEL, Hervé JACQUEMIN, Jordan HILL, Madalina NUNU, Camille BOURGUIGON, Florian JACQUES, Michèle LEDGER and Michael LOGNOUL.

Summary : This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, submitted on 15 December 2020 and referred to the Committee on Internal Market and Consumer Protection (IMCO) of the European Parliament. The proposal is part of the digital services act package, which includes the digital services act itself. In her political priorities for the European Commission, President Ursula von der Leyen committed to upgrade the liability and safety rules for digital platforms, services and products, and complete the digital single market. The 2020 Commission work programme also included a commitment to establish an ex-ante competition tool to make Europe fit for the digital age.

Authors : HUBERT DALLI

Summary : This briefing provides an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, adopted on 10 December 2020 and referred to the European Parliament's Committee on Internal Market and Consumer Protection (IMCO). The proposal seeks to update the EU's legislative framework for batteries as laid out in Directive 2006/66/EC (the Batteries Directive), whose objective is 'to minimise the negative impact of batteries and waste batteries on the environment, to help protect, preserve and improve the quality of the environment and to ensure the smooth functioning of the internal market' (IA, p. 10). With its proposal, the Commission intends to ensure that the existing framework could contribute to the ultimate objective of achieving an economy with net-zero greenhouse gas emissions (i.e. climate neutrality) by 2050, in line with the Commission communication on the European Green Deal, COM(2019) 640. In addition, the proposal aims to contribute to environmental protection, by stimulating investments in the production of batteries with a minimised environmental impact over their life cycle.

Authors : STEFANO VETTORAZZI

Summary : The Toy Safety Directive (TSD) aims to ensure a high level of health and safety with respect to toys for children under 14 years of age and to guarantee the free movement of toys in the EU by means of provisions for manufacturers, importers, distributors of toys sold in the EU and national market surveillance authorities. More than 10 years after its adoption in 2009, the European Commission is considering a revision of the directive in the context of the chemicals strategy for sustainability. Although the exact scope of this revision has still to be decided, the European Commission highlighted areas for further improvement in a recent evaluation of the directive. The Commission's evaluation focused on: a general lack of monitoring data to assess the TSD's effectiveness; limit values for some chemical substances; and the question of whether limit values should apply not only to toys for children under 36 months, but also to children of all ages. In addition, the evaluation looked into the issue of market surveillance and enforcement, where resources appear be missing and discussed the difficulties for manufacturers to comply with the 'small parts requirement' for toys intended for children under 36 months. This briefing has been produced by the European Parliamentary Research Service (EPRS) to assist the European Parliament's Committee on the Internal Market and Consumer Protection in its work on the implementation report on the Toy Safety Directive. The briefing aims to provide a succinct overview of publicly available material on the implementation, application and effectiveness to date of the Toy Safety Directive, drawing on input from EU institutions and bodies and from external organisations.

Authors : ECKHARD BINDER, MARIE-ASTRID HUEMER

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : The IA underpinning the proposal for a Digital services act contains a lot of valuable information and is based on solid sources and broad consultations. However, the analysis could have been more coherent in its problem definition and more specific regarding the practical implementation of the assessed three broad option packages in addition to the status quo. It could have been also more transparent, precise and complete regarding the data and methods used for the analysis, and regarding the quantitative estimates (namely in relation to SMEs). Some important information, for instance on liability rules or other elements of digital services, would have been useful in the main text instead of the annexes.

Authors : Esther KRAMER

Summary : “Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States.” (Article 216(2) TFEU). According to the Case-law of the Court of Justice of the European Union (CJEU), International law takes precedence over (secondary) EU law: “It should also be pointed out that, by virtue of Article 216(2) TFEU, where international agreements are concluded by the European Union they are binding upon its institutions and, consequently, they prevail over acts of the European Union (see, to this effect, Case C‑61/94 Commission v Germany [1996] ECR I‑3989, paragraph 52; Case C‑311/04 Algemene Scheeps Agentuur Dordrecht [2006] ECR I‑609, paragraph 25; Case C‑308/06 Intertanko and Others [2008] ECR I‑4057, paragraph 42; and Joined Cases C‑402/05 P and C‑415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I‑6351, paragraph 307)” . Arguably, acts adopted by bodies established by the EU-UK TCA could also enjoy primacy: “7 It follows [...] that decisions of the EEC-Turkey Association Council are measures adopted by a body provided for by the Agreement and empowered by the Contracting Parties to adopt such measures. 18 In so far as they implement the objectives set by the Agreement, such decisions are directly connected with the Agreement and, as a result of the second sentence of Article 22(1) thereof, have the effect of binding the Contracting Parties. 19 By virtue of the Agreement, the Contracting Parties agreed to be bound by such decisions and if those parties were to withdraw from that commitment, that would constitute a breach of the Agreement itself.

Authors : Andreas Huber at Al.

Summary : This At A Glance summarises the key findings of the original study, which assesses the impact of the COVID-19 crisis on the Internal Market and consumer protection, including the impact of measures introduced at national and EU level to mitigate the consequences of the pandemic. What further measures should be considered in order to reinforce the resilience of the EU's Internal Market in the face of future crises? This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : J. Scott MARCUS et al.

Summary : This study assesses the impact of the COVID-19 crisis on the Internal Market and consumer protection, including the impact of measures introduced at national and EU level to mitigate the consequences of the pandemic. What further measures should be considered in order to reinforce the resilience of the EU's Internal Market in the face of future crises? This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : J. Scott MARCUS et al.

Summary : The IA underpinning the proposal to establish a single window environment for customs is well structured, substantiated and clear. It acknowledges a scarcity of comparable EU-wide data, and is transparent on the assumptions underlying the analysis. The presentation, screening and assessment of the retained policy options is clear and balanced, assessing their direct economic impacts, as well as their social and environmental implications. The selection of the preferred options is based on cost-effectiveness and qualitative analyses, expecting significant net benefits from interconnecting authorities responsible for non-customs formalities laid down in EU legislation to existing national single window environments, which in turn, are harmonised to achieve a level playing field for economic operators, in particular SMEs. Social and environmental benefits derive from better digital administrative cooperation, the reduction of fraud and better compliance with EU regulatory requirements.

Authors : Esther KRAMER

Summary : Following the COVID-19 outbreak, many trips have been cancelled as a result of measures introduced by Member States that substantially restricted travelling. Some companies have refused to refund customers and have imposed on them to use vouchers instead. This briefing aims to provide consumers with guidance and practical advice concerning their claims for reimbursement and compensation following travel cancellations or delays. It points at complaint forms to use, facilitations such as an alternative dispute resolution and European small claims procedure. It also gives more precise information on claims concerning travel cancellations due to the COVID-19 crisis.

Authors : Mariusz MACIEJEWSKI, LOUISE MATHILDE CAROLINE BLANDIN, AMY JANE MCGOURTY

Summary : This At A Glance summarises the presentations and discussions at the IMCO webinar that was held on 9 November 2020. The webinar on the impact of COVID-19 on the Internal Market and consumer protection was structured in two panels, each consisting of two presentations and two Q&A sessions. The first panel focused on the free movement of goods and people. The second panel was devoted to consumer protection and provision of services. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies for the committee on Internal Market and Consumer Protection (IMCO).

Authors : Milieu Consulting SRL

Summary : These proceedings summarise the presentations and discussions that took place during the IMCO webinar held on 9 November 2020 on the impact of COVID-19 on the Internal Market and consumer protection. The webinar was structured in two panels, each consisting of two presentations and two Q&A sessions. The first panel focused on the free movement of goods and people. The second panel was devoted to consumer protection and provision of services. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies for the committee on Internal Market and Consumer Protection (IMCO).

Authors : Caterina MARIOTTI, Agnieszka MARKOWSKA and Marta BALLESTEROS

Summary : This At A Glance summarises the key findings of the original study, which reviewed and analysed national rules that restrict the free movement of goods and services and the right to establishment across the EU Single Market. The study also analysed trends over time in national restrictions and offers recommendations on how they can be removed. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Erik DAHLBERG et al.

Summary : This study analyses the current state of national obstacles to free movement in the EU Single Market. It focuses on various aspects of obstacles related to free movement of goods and services, the right to establishment, the Digital Single Market, consumer protection and public procurement. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Erik DAHLBERG et al.

Summary : This At A Glance summarises the key findings of the original study, which analysed the role and development of Points of Single Contact and other information services. The study reviewed recent policy documents, and identified a range of weaknesses for the provision of contact points. The main recommendations were to improve monitoring (using the indicators and the Single Market Scoreboard) and make use of infringement proceedings in case of non-compliance. The actions could be built on the instruments available under the recent Single Digital Gateway Regulation. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Pau SALSAS-FORN et al.

Summary : The original full study reflects on responsibilities and duties of care of online intermediaries as set out in Directive 2000/31/EC (E-Commerce Directive, ECD) and gives recommendations for a possible future EU Digital Services Act.

Authors : Mariusz MACIEJEWSKI

Summary : This study analyses the role and development of Points of Single Contact and other information services. It reviews recent policy documents, and identifies a range of weaknesses for the provision of contact points. The main recommendations are to improve monitoring (using the indicators and the Single Market Scoreboard) and make use of infringement proceedings in case of non-compliance. The actions could build on the instruments available under the recent Single Digital Gateway Regulation. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Authors : Pau SALSAS-FORN et al.

Summary : This document provides links to all Briefings produced by the Policy Departments of the Directorate-General for Internal Policies and of the Directorate-General for External Policies of the European Parliament, with salient points and essential commitments made by the Vice-Presidents and Commissioners-designates at their respective hearings before the European Parliament, in September-November 2019 and in October 2020. For an exhaustive list of all commitments made and positions taken by the candidates, the full verbatim report of each public hearing is available on the dedicated hearings website of the European Parliament, as are the written questions and answers.

Summary : The original full study reviews and assesses the EU regulatory framework on content moderation and current practices by key online platforms. It assesses the regulation in six countries/regions and makes recommendations to improve the EU legal framework on content moderation in the context of the forthcoming Digital Services Act.

Authors : Alexandre DE STREEL et al.

Summary : This paper defines loot boxes and describes their behavioural effects, including problematic behaviour. It examines the regulatory framework at EU and national level within which loot boxes operate, provides an overview of public and industry practices, and derives recommendations. Framing the debate around loot boxes, away from gambling and towards consumer protection, would provide the EU with an array of tools to address problematic practices and minimise potential harm, especially for minors.

Authors : Annette CERULLI-HARMS et al.

Summary : The original full study presents an overview of possible options for an effective model of enforcement for a future Digital Services Act (DSA). Four key areas of regulatory design are emphasised: the failure of self-regulation in relation to platforms; the importance of correct regulatory framing; the necessity of focusing on the internal operations of platforms; and that the scope of a DSA should be limited but include robust transparency and enforcement measures. A range of enforcement strategies are then evaluated across a suite of Digital Single Market (DSM) legislation, alongside barriers to Member States cooperation and effective enforcement.

Authors : Melanie SMITH

Summary : This paper summarises the discussions that took place at the workshop on “E-commerce rules, fit for the digital age”. The E-commerce directive was elaborated twenty years ago and has been key in regulating online services. However, the role of the internet has drastically evolved over the last two decades. The Chair of IMCO Committee Prof Dr Petra de Sutter and the Rapporteur for the Digital Services Act (DSA) Mr Alex Agius Saliba co-chaired this workshop in order to discuss which areas of the E-commerce directive are no longer fit for purpose and need reforming in the DSA.

Authors : LOUISE MATHILDE CAROLINE BLANDIN

Summary : This paper defines loot boxes and describes their behavioural effects, including problematic behaviour. It examines the regulatory framework at EU and national level within which loot boxes operate, provides an overview of public and industry practices, and derives recommendations. Framing the debate around loot boxes, away from gambling and towards consumer protection, would provide the EU with an array of tools to address problematic practices and minimise potential harm, especially for minors.

Authors : Annette CERULLI-HARMS et al

Summary : As EU Member States embark on a cautious de-confinement path, the economy slides into recession and the question of the proportionality of public health-related measures and their economic consequences is increasingly present in the public debate. As long as a vaccine (or an effective treatment) for the Covid-19 disease is not found and deployed, post-Covid-19 societies will have to coexist with the virus, and find an equilibrium between the social constraints resulting from health protecting measures and the need to mitigate as much as possible a huge economic shock, which if not addressed adequately, could have unpredictable social and political consequences. The Covid-19 crisis has shown above all the importance of joint European action. Although public health is primarily the competence of the Member States, the European Parliament has called on the Commission and the Member States to act together and to rise to the challenge and ensure that the Union emerges stronger from this crisis. In particular, a differentiated but coordinated post-lockdown approach in the EU should be ensured, in order to avoid a resurgence of the virus. The present Covid-19 Newsletter focuses on the de-confinement strategies and EU measures to support the economic recovery. An update of ongoing Covid-19 related expertise work for the ECON, EMPL, ENVI, ITRE and IMCO committees is provided at the end of this document.

Authors : AOIFE KENNEDY, Zsuzsanna LAKY, Adolfo BARBERA DEL ROSAL, MATTEO CIUCCI, Christina RATCLIFF, Dirk VERBEKEN

Summary : Online platforms have created content moderation systems, particularly in relation to tackling illegal content online. This study reviews and assesses the EU regulatory framework on content moderation and the practices by key online platforms. On that basis, it makes recommendations to improve the EU legal framework within the context of the forthcoming Digital Services Act.

Authors : University of Namur (CRIDS/NADI) and VVA

Summary : This paper provides a framework for maximising current and potential benefits of e-commerce for the single market while minimising economic and societal costs. It takes stock of the role of the e-Commerce Directive and analyses new challenges arising in the age of platforms. Forward-looking solutions are presented to enhance cross-border e-commerce in the EU, facilitate access to digital copyrighted content and improve the sustainability of online platforms. Finally, the paper reflects on the planned digital services act, outlining policy recommendations. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on the Internal Market and Consumer Protection (IMCO).

Authors : Nadina IACOB, Felice SIMONELLI

Summary : This at a glance presents an overview of the current state of play in the area of e-commerce. It discusses the existing legislative framework of the Digital Single Market as well as the technology-driven changes of market and economy that have taken place over the last twenty years. The analysis identifies areas prone to producing a positive reaction to legislative intervention. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on the Internal Market and Consumer Protection (IMCO).

Authors : Mariusz MACIEJEWSKI, Christina RATCLIFF

Summary : Developing appropriate policies and regulations for AI is a priority for the European Union. AI has become a powerful driver of social transformation, reshaping individual lives and interactions as well as economical and political organisations. AI brings huge opportunities for development, sustainability, health and knowledge, as well as significant risks of unemployment, discrimination, exclusion, etc. Multiple areas are affected by AI, such as data protection (lawful and proportionate processing of personal data, subject to oversight), fair algorithmic treatment (not being subject to unjustified prejudice resulting from automated processing), transparency and explicability (knowing how and why a certain algorithmic response has been given or a decision made), protection from undue influence (not being misled, manipulated, or deceived). This collection of studies presents research resulting from ongoing interest of the Committee on the Internal Market and Consumer Protection in improving functioning of the Digital Single Market and developing European digital policies based on scientific evidence and expertise.

Authors : Mariusz MACIEJEWSKI, KRISTINE MARIE SAKSENVIK NAESS, LOUISE MATHILDE CAROLINE BLANDIN

Summary : The original full study discusses the opportunities and challenges brought by the recent and the foreseeable developments of Artificial Intelligence into online platforms and marketplaces. The paper advocates the importance to support trustworthy, explainable AI (in order to fight discrimination and manipulation, and empower citizens), and societal-aware AI (in order to fight polarisation, monopolistic concentration and excessive inequality, and pursue diversity and openness)

Authors : Prof. Dr Dino PEDRESCHI and Dr Ioanna MILIOU

Summary : The original full study discusses the new challenges and opportunities for digital services that are provided by artificial intelligence, in particular which regard to consumer protection, data protection, and providers’ liability. The discussion addresses the way in which digital services rely on Artificial Intelligence (AI) for processing consumer data and for targeting consumers with ads and other messages, with a focus on risks to consumer privacy and autonomy, as well as on the possibility of developing consumer-friendly AI applications. Also addressed is the relevance of AI for the liability of service providers in connection with the use of AI systems for detecting and responding to unlawful and harmful content.

Authors : Prof Dr Giovanni Sartor

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.