De Minimis Research Articles

ЮСМКА ВМЕСТО НАФТА

The U. S. President Trump administration has made NAFTA re-negotiation and modernization a priority of its trade policy. D. Trump has repeatedly characterized this agreement as the “worst trade deal” in history and has stated that he may seek to withdraw from the agreement. The U. S. talks with Mexico and Canada began on August 16, 2017. After more than a year of intense negotiations the three North American countries have finally reached a deal that was renamed Agreemrnt between the United States of America, the United Mexican States, and Canada (USMCA). USMCA is based on the NAFTA. Among the most prominent changes are the following: American farmers gain easier access to the tightly regulated Canadian dairy market; guidelines to have a higher proportion of automobiles and spare parts manufactured amongst the three countries rather than imported from abroad; strengthened environmental and labor regulations, increased intellectual rights protection and de minimis customs threshold for duty free treatment. New issues, such as digital trade, currency manipulation, stronger disciplines for operations of the state-owned enterprises, and relations with non-market economies, are also addressed. They may serve as a template for trade deals under the Trump administration in the future. The USMCA will take effect after ratification by all three parties, which is probable but not guaranteed. This article analyses key changes in USMCA by comparing it with NAFTA; describes peculiarities of the NAFTA re-negotiation; identifies winners and losers; assesses perspectives of USMCA ratification and its international consequences. The United States-Mexico-Canada Agreement represents a mix of free trade provisions with elements of managed trade, especially in the automotive industry. Its mere signing is not a small accomplishment in the era of backlash to free trade and economic globalization.

Thou Shalt Sample? New Drifts in the Ocean of Sampling

The status quo of the pre-2014 period with respect to musical sampling was that any taking of the whole or a portion of a sound recording (embodying musical compositions and musical performances) might run against the economic – and, in the Continental European droit d’auteur/Urheberrecht systems, the moral – rights of the respective rightholders (authors, performers and/or sound recording producers). The sampler might excuse himself from liability if the unauthorised use can fit into the frames of any limitation or exception, including the fair use doctrine under the laws of United States. Limitations and exceptions cannot provide any shelter for samplers with respect to moral rights. Both U.S. and German practice have continuously applied such potential excuses tightly. In one of the most important sampling decisions ever, the Sixth Circuit has noted in its bright line rule that the prior authorization is a prerequisite to any lawful sampling (“get a license or do not sample”). Similarly, the Sixth Circuit also refused to apply the exception of de minimis for sampling cases in this ruling. In the most important German ‘sampling’ ruling, the German Federal Supreme Court (hereinafter: BGH) similarly excluded the applicability of the concept of de minimis, when it found that the sound recording producers’ rights are infringed by the taking of even the smallest of sound samples. Further, it has been declared as a bright-line rule that the sampler cannot apply the concept of “free use” (“freie Benutzung”) of the German Copyright Act, in a case where he could have been able to record the taken segment individually. Such a limited approach may be dangerous. Sampling has become a fundamental element of modern music industry, especially for hip-hop and electronic musicians. If all samples would require prior authorization, it could chill musical self-expression – an important part of the modern “pop-culture”. Not to mention that a bright-line rule, like the one in Bridgeport, would lead to a de facto monopoly of copyrights, and/or of the rights of sound recording producers, which should not be the ultimate goal of any copyright regime. Naturally, the exact opposite of this argument, namely, that all samplings are to be treated lawfully, is similarly false, and neither will this paper take such a position. This article aims to introduce the post-2014 U.S. and German sampling rulings. According to the chronologic order, the paper starts with the American cases (Part I), followed by the German rulings (Part II). Part III provides for a critical analysis of the latest developments, and discusses the possible outcomes of the pending Pelham ruling of the Court of Justice of the European Union.

Occupational exposure to volatile organic compounds and health risks in Colorado nail salons

Nail salon technicians face chronic exposure to volatile organic compounds (VOCs), which can lead to adverse health outcomes including cancer. In this study, indoor levels of formaldehyde, as well as benzene, toluene, ethylbenzene and xylene, were measured in 6 Colorado nail salons. Personal exposure VOC measurements and health questionnaires (n = 20) were also performed; questionnaires included employee demographics, health symptoms experienced, and protective equipment used. Cancer slope factors from the United States Environmental Protection Agency (US EPA) and anthropometric data from the Centers for Disease Control and Prevention were then used to estimate cancer risk for workers, assuming 20-yr exposures to concentrations of benzene and formaldehyde reported here. Results show that 70% of surveyed workers experienced at least one health issue related to their employment, with many reporting multiple related symptoms. Indoor concentrations of formaldehyde ranged from 5.32 to 20.6 μg m−3, across all 6 salons. Indoor concentrations of toluene ranged from 26.7 to 816 μg m−3, followed by benzene (3.13–51.8 μg m−3), xylenes (5.16–34.6 μg m−3), and ethylbenzene (1.65–9.52 μg m−3). Formaldehyde levels measured in one salon exceeded the Recommended Exposure Limit from the National Institute for Occupational Safety and Health. Cancer risk estimates from formaldehyde exposure exceeded the US EPA de minimis risk level (1 × 10−6) for squamous cell carcinoma, nasopharyngeal cancer, Hodgkin's lymphoma, and leukemia; leukemia risk exceeded 1 × 10−4 in one salon. The average leukemia risk from benzene exposure also exceeded the US EPA de minimis risk level for all demographic categories modeled. In general, concentrations of aromatic compounds measured here were comparable to those measured in studies of oil refinery and auto garage workers. Cancer risk models determined that 20-yr exposure to formaldehyde and benzene concentrations measured in this study will significantly increase worker's risk of developing cancer in their lifetime.

The future of domestic water law: trends and developments revisited, and where reform is headed

ABSTRACTA re-visitation of trends and developments in water legislation in the light of experience and new legislation from selected countries confirms the findings of prior stocktaking, while bearing out advances in many areas: achieving adaptability of regulatory water-allocation mechanisms; blending efficiency and equity of allocation; ‘greening’ of water laws; bridging the land–water divide; and giving customary and de minimis water rights their due. The human right to water, and access to justice, are emerging new trends. These, and the advances listed earlier, show the likely direction of future water law reform.

Brief of <i>Amici Curiae</i> Professor Clark D. Cunningham and Professor Jesse Egbert on Behalf of Neither Party, In Re: Trump, No. 18-2486 (4th Cir. Jan. 29, 2019)

On June 12, 2017, District of Columbia and State of Maryland filed suit in United States District Court for District of Maryland against Donald J. Trump, in his official capacity as President of United States of America. The complaint alleged that President had violated both Emoluments Clause and Foreign Emoluments Clause of Constitution through his continued ownership interest in The Trump International Hotel in Washington, D.C. On September 29, 2017, President filed a Motion to Dismiss, arguing that when Constitution was ratified term had two distinct meanings -- a sense limited to arising from an office or employ and a broad sense meaning benefit, advantage or profit -- and that emolument in Constitution only referred to narrow meaning. The district court denied President's motion, concluding that the term 'emolument' in both Clauses extends to any profit, gain, or advantage of more than de minimis value, received by [the President], directly or indirectly, from foreign, federal, or domestic governments. District of Columbia v. Trump, 315 F. Supp. 3d 875 (D. Md. 2018). On December 20, 2918, Court of Appeals for 4th Circuit granted President's motion to stay district court proceedings, and ordered parties to address not only procedural issues regarding President's mandamus petition but also the underlying issue[] of whether two Emolument Clauses provide plaintiffs with a cause of action. The appeal is currently set for argument on March 19, 2019. On January 29, 2019, Professors Clark Cunningham and Jesse Egbert filed this amicus brief in support of neither party in 4th Circuit, reporting results of research described in their paper Scientific Methods for Analyzing Original Meaning: Corpus Linguistics and Emoluments Clauses, available at SSRN: https://ssrn.com/abstract=3321438. Cunningham and Egbert filed amicus brief to present a different, scientifically-grounded approach for researching original public meaning of emolument. They applied tools of linguistic analysis to newly available big collections encompassing written language in common usage at time of ratification. This data is accessible on public website of Corpus of Founding Era American English (COFEA), which contains in digital form over 95,000 texts created between 1760 and 1799, totaling more than 138,800,000 words. Cunningham and Egbert accessed every text on COFEA in which emolument appeared -- over 2500 examples of actual usage -- and analyzed all of these texts using three different computerized search methods. They found no evidence that emolument had a distinct narrow meaning of arising from an office or employ. All three analyses indicated just opposite: emolument was consistently used and understood as a general and inclusive term. When they embarked on this research project, Cunningham and Egbert had no expectation that results would favor any particular party to this case. Their amicus brief takes no position on merits of President's Petition for Mandamus, and offers no view on affirmance or reversal of District Court's decision denying Petitioner's Motion to Dismiss, nothing that original public meaning may be only one of many factors taken into account when applying a constitutional text to a current issue. Egbert is a professor of applied linguistics who has authored or co-edited three books and more than 60 peer-reviewed publications. Cunningham is a law professor who has written previously about applying linguistics to interpretation of legal texts, including Plain Meaning and Hard Cases, 103 Yale L.J. 1561 (1994); Using Common Sense: A Linguistic Perspective on Judicial Interpretations of 'Use a Firearm,' 73 Wash. U. L.Q. 1159 (1995); and A Linguistic Analysis of Meanings of 'Search' in Fourth Amendment: A Search for Common Sense, 73 Iowa L. Rev. 541 (1988).

Tell me where you come from and I will tell you the price: Ambiguous expansion of prohibited geographical price discrimination in the EU

This article outlines some of the ambiguities arising from the endeavours of EU legislators to tackle the problem of direct and indirect price discrimination based on nationality or residence of the customer – in this article referred to as geographical price discrimination (GPD) under EU free movement law. It is submitted that prohibiting direct and indirect GPD on the sale of goods and services with an unclear system of derogations potentially covers a variety of established pricing practices (including uniform prices and de minimis price differences). While it is submitted that Article 20(2) of the Services Directive should be repealed, a cautious approach towards interpreting and applying Article 4 of the new Geo-Blocking Regulation is suggested in order to avoid disproportional restrictions of parties’ contractual freedom, especially in respect of traders with insignificant market power.

Socio-economic impacts of the landing obligation of the European Union Common Fisheries Policy on Galician (NW Spain) small-scale fisheries

This paper analyses the impacts of the new LO policy on small-scale fishing fleet under the TAC regulation in Galicia, namely focused on Atlantic mackerel (Scomber scombrus), European hake (Merluccius merluccius) and Rays (Rajidae). The paper shows that, as in much of the North Atlantic small-scale fisheries, the volume of discards of these species is relatively small, at 0–5% of the total volume of catches. However, while the volume of discards may increase as quotas allocated to a fleet are exhausted, discards by the small-scale fleet are managed by a combination of effort and minimum size. The main reason given by fishers is that small-scale fishing is highly selective and has a discard ratio significantly lower than that of industrial fishing.Regarding the impacts of the landing obligation (LO), this paper shows that 88% of the Galician small-scale fishers interviewed who harvest species (Atlantic mackerel, European hake and ray) under the European Union TAC regulation. Indeed, 60% of the fishers indicated that the implementation of the LO would mean they would leave small-scale fishing. The main incentive to avoiding discards lies in changing the system of TACs and quotas (based on the principle of relative stability of the EU), promoting small-scale fishing and increasing de “de minimis” exceptions. The fact that many small-scale fishers are not willing to accept the LO highlights the lack of information and dialogue on the part of authorities regarding the impact of the LO on small-scale fishing.Regarding the economic and social impact of the LO on Galician small-scale fisheries, the economic loss for the fleet which harvest species under the TAC regulation is estimated to be 58,753,632 EUR per year. In macroeconomic terms, the direct economic loss will lead to lost income taxes plus the cost of unemployment payments to affected fishers. In microeconomic terms, given the high dependence on fishing revenues of coastal communities, the household incomes of around 3000 small-scale fishers (nearly 11,000 people taking into account family members) would be negatively affected. The effects on other economic branches supplying goods and services to small-scale fisheries are excluded from this estimate. This impact would further aggravate the social and economic crisis of the Galician small-scale fishing sector, which has lost 17% of its fishing vessels and 20% direct employment in the last decade.

Do WTO Commitments Restrict the Policy Space of Countries Wishing to Provide Food Security Through Stockholding Programs?

The use of administered prices to acquire public stockholdings for food security purposes has become contentious among WTO members. G-33 countries have proposed that existing limits be lifted while other WTO members have not acquiesced. This impasse has threatened the success of WTO Ministerial Meetings in both Bali and Nairobi. Currently, a Peace Clause pertaining to cases being brought to the disputes settlement system has been agreed while members seek a permanent solution. The debate over public stockholdings, however, is being conducted with limited information – in particular whether the WTO de minimis limits restrict the policy space for developing countries pursuing food security goals. This article examines the restrictiveness of the limits on G-33 countries. Using conservative assumptions, it finds that for high food security risk G-33 countries the current de minimis levels are constraining. They are less constraining on medium and low food security risk countries. As a result, the policy space for some developing countries is restricted. The results also suggest that the current ‘one size fits all’ limits may not be appropriate and could be replaced by a flexible system.

De minimis Aid as a Special Form of Public Support for Small and Medium Entrepreneurs

De minimis aid – as an aid of marginal size is characterized by its small amount and inability to affect competition on the internal market – can be granted to companies without notifying the European Commission. All issues related to its functionality are regulated by various legal acts both national and supranational. The main source of law regarding soft aid is regulation of the European Commission (EU) No. 1407/2013. Among Polish regulations, the crucial meaning is given to the Act of 30 April 2004 on proceedings in public aid cases and regulation of the Council of Ministers, supplementing and further developing the Act. In this article, the author analyses current regulations concerning soft aid. She presents rule for granting de minimis aid, a transparent procedure of awarding and monitoring. In the context of her reflections and provided data from the years 2012–2016, the author shows growth in power of the biggest beneficiaries of the soft aid, that is micro-, medium and small sized entrepreneurs, who are the driving force of economic development in Poland.

Plant toxicity and accumulation of biosolids-borne ciprofloxacin and azithromycin

Trace organic chemicals (TOrCs) in land applied biosolids can cause phytotoxicities and contaminate human and animal food chains. Information on phytotoxicity and phytoaccumulation of environmentally relevant concentrations of two antibiotic TOrCs, ciprofloxacin (CIP) and azithromycin (AZ), from biosolids-amended soils is limited. Greenhouse studies were conducted to assess the plant toxicity and accumulation of a range of environmentally relevant concentrations of biosolids-borne CIP and AZ in biosolids-amended soils. Separate studies assessed phytotoxicity potential of soil-borne CIP and AZ (soils directly spiked with the target antibiotics without biosolids) at concentrations much greater than those of environmental relevance in biosolids-amended soils. Both the biosolids-borne and the soil-borne antibiotic studies involved three plants (radish (Raphanus sativus), lettuce (Lactuca sativa), and tall fescue grass (Festuca arundinacea)) of different morphologies, physiologies, and chemical exposure scenarios. Phytotoxicity and phytoaccumulation from the biosolids-borne antibiotics were minimal at environmentally relevant concentrations, even in sand. The separate phytotoxicity experiments involving the soil-borne antibiotics revealed no observed adverse effect concentration (NOAEC) of 3.2 mg kg−1 (AZ) and 36.1 mg kg−1 (CIP) for the three plants grown in soils mimicking typical agricultural soils. These NOAEC values are about 100-fold greater than the antibiotic concentrations expected in biosolids-amended soils. NOAEC values under an unrealistic worst-case where the antibiotics were directly spiked to sand (NOAEC = 3.2 mg kg−1 for AZ; and ≥0.36 mg kg−1 for CIP) were also greater than the environmentally relevant concentrations of the biosolids-borne antibiotics. The results suggest that land application of biosolids-borne CIP and AZ pose De minimis risks to plants. Point estimates of plant bioaccumulation factors (dry weight basis) were 0.01 (CIP) and 0.1 (AZ), suggesting minimal impacts of the target TOrCs on human and/or animal food chains.

Digital Sampling v. Appropriation Art: Why Is One Stealing and the Other Fair Use? A Proposal for a Code of Best Practices in Fair Use for Digital Music Sampling

This Article examines the disparate treatment of music sampling and appropriation art under copyright law and advocates for the creation of a code of best practices in fair use for digital music sampling. In the music industry, when artists sample two-seconds of a song, courts call it stealing, piracy, and copyright infringement. In contrast, in the art world, when artists sample whole photographs, courts label it appropriation art, collage, and fair use. Yet, appropriation art and digital sampling are artistically analogous acts. Both arise from the practice of collage and the long-standing practice of musicians and visual artists sampling other artists’ works by incorporating them into new pieces, often without permission from the original artists. Therefore, this Article argues that the more liberal fair use and de minimis principles adopted in recent visual arts cases should be applied to music sampling. This Article then sets forth a Code of Best Practices in Fair Use for Digital Music Sampling which articulates principles for determining under which circumstances permission is needed for sampling. This code is based on the author’s online survey that questioned music professionals about their opinions, experiences, and practices concerning digital music sampling. This Article does not advocate for bright-line rules classifying all sampling as per se fair use. Just as some appropriation art is copyright infringement, some digital sampling will require a license too. The point is that it is time for musical artists to reclaim their right to fair use and to put digital music sampling on the same legal par as other artistic collage practices.

Envisioning an Improved Continuum of Special Education Services for Students with Learning Disabilities: Considering Intervention Intensity

AbstractIn Endrew F. v Douglas County School District RE‐1, the U.S. Supreme Court affirmed the requirement that schools provide special education services designed to confer educational benefit that is more than de minimis. Endrew offers an opportunity for the special education community to consider whether students with learning disabilities have access to a full continuum of services, including individualized, data‐driven, and intensive interventions. We examine predominant models of service delivery, highlight concerns that these are insufficient, and envision an improved continuum of services better aligned with the raised expectations of Endrew. We also highlight important barriers that need to be addressed before an improved continuum can be implemented in many schools in the United States.

Using Trade Facilitation to Assist MSMEs in E-Commerce in Developing Countries

In anticipation of the 11th WTO Ministerial Conference (MC11), several developing country Members submitted proposals reflecting concerns related with e-commerce and the continued involvement of micro, small and medium enterprises (MSMEs) in cross-border e-commerce. Some developing countries perceive the booming significance of MSMEs as an opportunity to further enhance their economic relevance by incorporating them into e-commerce. The increase of MSMEs in e-commerce has also been reflected by the International Trade Centre (ITC). In one of the ITC’s most recent surveys conducted on 2262 firms, the statistics indicated that of the firms that engage solely in cross-border e-commerce, 82% are MSMEs. Notwithstanding these significant changes on the ground, Members have differed significantly in their views since 1998 concerning the e-commerce agenda. This has created considerable inroads in defining what e-commerce is as well as the rules that should regulate e-commerce. More recently, the e-commerce dialogue has reflected concerns on how the WTO could potentially deal with the rapid inclusion of MSMEs in the market through e-commerce. Although all companies face red tape in cross-border trade, due to size and financial constraints, MSMEs in developing countries face the most challenges in cross-border e-commerce. Many of these problems are related to the cross-border delivery of goods, the after-sales services as well as limited cross-border de minimis exemptions that discourages MSMEs from e-trading. Therefore, several Members consider that it is vital to continue to work on trade facilitation matters, especially those that are forward looking and can better assist MSMEs to better integrate into the e-commerce world. This article adopts two specific discussion points based on the proposals submitted by different Members for the WTO MC11 suggesting ways to move forward. First, using case studies from different countries, the article will focus on some of the challenges faced by MSMEs in developing countries, such as inefficient customs administration which is a result of issues related to cross-border trade. Part of this discussion will also assess how developing countries can use the recently agreed TFA to address these issues. The second part of the article will focus on how current provisions in the TFA as well as other forward looking trade facilitation efforts that are not reflected in the agreement, can help MSMEs to benefit from cross-border e-commerce. In relation to this part of the discussion, an exploration of the possibilities of technical assistance and capacity building that is e-commerce relevant would thus be necessary. Finally the article will conclude, highlighting limitations associated with the recommendations given.

THE MORE ECONOMIC APPROACH TO PREDATORY PRICING

The “more economic approach” was introduced to antitrust to achieve a more effect-based and theoretically grounded enforcement. However, related to predatory pricing it resulted in systematic over- and under-enforcement: Economic theory does not require dominance for predation to be a rational (and harmful) strategy, although an ex ante dominant firm would often refrain from predation. Hence, within the current legal framework which requires dominance for antitrust to apply, a more effect-based and theoretically grounded antitrust enforcement cannot pursue harmful predation. Therefore, we suggest separating predatory pricing from exclusionary abuse of a dominant firm, both legally and analytically. Instead, predatory pricing should be analyzed along the same logic as a merger. In particular, we argue that three elements from merger control should be adopted: in the absence of dominance, market share and/or turnover thresholds may serve as a de minimis rule; recoupment should be analyzed similar to the competitive effect of a merger between the predator and its prey; and a stronger efficiency defense should be established.

De minimis aid in Poland in the years 2008-2015 – is this aid sustainable or not?

De minimis aid in Poland in the years 2008-2015 – is this aid sustainable or not?

On the impact of sample size on median lethal concentration estimation in acute fish toxicity testing: Is n = 7/group enough?

The fish acute toxicity test method is foundational to aquatic toxicity testing strategies, yet the literature lacks a concise sample size assessment. Although various sources address sample size, historical precedent seems to play a larger role than objective measures. We present a novel and comprehensive quantification of the effect of sample size on estimation of the median lethal concentration (LC50), covering a wide range of scenarios. The results put into perspective the practical differences across a range of sample sizes, from n = 5/concentration up to n = 23/concentration. We also provide a framework for setting sample size guidance illustrating ways to quantify the performance of LC50 estimation, which can be used to set sample size guidance given reasonably difficult (or worst-case) scenarios. There is a clear benefit to larger sample size studies: they reduce error in the determination of LC50s, and lead to more robust safe environmental concentration determinations, particularly in cases likely to be called worst-case (shallow slope and true LC50 near the edges of the concentration range). Given that the use of well-justified sample sizes is crucial to reducing uncertainty in toxicity estimates, these results lead us to recommend a reconsideration of the current de minimis 7/concentration sample size for critical studies (e.g., studies needed for a chemical registration, which are being tested for the first time, or involving difficult test substances). Environ Toxicol Chem 2018;37:1565-1578. © 2018 SETAC.

Educational Equality for Children with Disabilities: The 2016 Term Cases

One of the most longstanding debates in educational policy pits the goal of equality against the goal of adequacy: Should we aim to guarantee that all children receive an equal education? Or simply that they all receive an adequate education? The general equality-versus adequacy debate replicates itself at a more specific level when we focus on the educational services provided to students with disabilities. When Congress adopted the Education for All Handicapped Children Act in 1975 (the statute now known as the Individuals with Disabilities Education Act), it estimated that a million disabled children “were ‘excluded entirely from the public school system’” with millions more “receiving an inappropriate education.” The EAHCA required that every child with a disability receive a “free appropriate public education.” That mandate plainly barred schools from excluding disabled children, but what kind of education was required? What was “appropriate”? In its earliest case under the EACHA — the Rowley case, decided in 1982 — the Court refused to read the requirement of an “appropriate” education for children with disabilities as guaranteeing that they receive “‘equal’ educational opportunities.” It instead adopted a variant of an adequacy standard. This past Term, the Court revisited Rowley for the first time since that case was decided 35 years earlier. In Endrew F. v. Douglas County School District RE-1, the Court rejected the “merely more than de minimis” test that the Tenth Circuit had applied to determine what educational benefit was sufficient for a free appropriate public education. But it specifically rejected the Petitioner’s argument that the IDEA required schools to aim to provide an equal educational opportunity. By rejecting an equal-opportunity standard for determining compliance with the free appropriate public education requirement, Endrew F., like Rowley before it, responded to the difficulty in specifying equal opportunity in a way that courts can implement. In some respects, that decision was understandable and perhaps sensible. But equal opportunity concerns still lie below the surface of the Court’s opinion in Endrew F., and they remain a crucial foundation of the IDEA’s requirements. And, exactly one month before it decided Endrew F., the Court made clear that children with disabilities are entitled to an equal educational opportunity. That entitlement rests, not on the IDEA, but on the ADA. In Fry v. Napoleon Community Schools, the Court held that a disabled child could enforce the ADA’s requirements of equal participation in education independently of the IDEA — and could do so without first going through the IDEA’s complex administrative procedures so long as she was not seeking relief for the denial of a free appropriate public education. When Fry and Endrew F. are read together, they establish that children with disabilities do have federal rights to equal opportunity in education — but that the ADA, not the IDEA, is the key vehicle for enforcing those rights. The equality right under the ADA is different in important ways from the one that the Endrew F. petitioner asked the Court to read into the IDEA, though.

Action Levels for Food Allergens: An Approach for Official Food Control in Germany.

Official food control laboratories in Germany have established internal action values for the assessment of analytical results of food allergens especially obtained from samples without declaration of the specified allergen. A pragmatic approach was chosen considering the current situation for European food information legislation. Accordingly, when a positive result is obtained for an unlabeled allergen, it is not necessarily an irregularity if it can be demonstrated that the result was caused by cross-contamination. Action values take into account current analytical experiences as well as published allergologic reference doses. They are considered as internal de minimis thresholds by food control authorities that are used to support laboratories in the decision-making process and when a written expert opinion is requested by an enforcement authority. If only minor traces are detected at concentrations below the action values, further investigation of the issue and inspections at the location of manufacture can be abandoned. The present report includes a collection of results from official food control laboratories in Germany that have been evaluated in line with the aforementioned system of action levels.

Principles for Rating of State Aid and de Minimis Aid in Repayable Finance

Abstract Subject and purpose of work: The subject of the article is an analysis of the state aid rules by state authorities in the context of calculating the amount of state aid. This problem was discussed on the basis of a relatively new form of assistance repayable instruments. The aim of this article is to identify the noncompliance of the rules generally applicable to the rules for repayable support. Materials and methods: In order to achieve the objectives set, the analysis of the identified problems was based on non-reactive research involving the assessment of available information. It included studies of normative acts, literature of the subject and reports and analyzes. Results: It has been identified that the current form of act on State aid cases does not take into account the specific nature of aid calculation under return instruments, which is that the final value of the state aid is known only after the repayment of the financial instrument. Conclusions: The legislator should adjust the law on proceedings in state aid cases, the more frequently used form of State intervention is repayable finance. The current practice differs from the literal wording of the provisions in question and should therefore be amended to adapt the provisions to this form of aid.

Impact of increasing agricultural domestic support on China’s food prices considering incomplete international agricultural price transmission

PurposeThe purpose of this paper is to develop a modelling approach that enables the analysis of long-term food security policies. Specifically, the authors explore the effect of China’s agricultural domestic support on its agricultural and food market by also considering the impact of incomplete price transmission.Design/methodology/approachThe authors extend the standard Global Trade Analysis Project (GTAP) modelling framework. First, the authors incorporate incomplete price transmission into the GTAP model by generating tariff-equivalent price transmission elasticities. Second, the authors improve the current representation of China’s agricultural domestic support in the GTAP model and the underlying database by considering the production requirements and the trade-distorting effect of different policy instruments. Running a set of simulations, the authors examine first how the incorporation of incomplete price transmission affects the model’s results and second how increased agricultural domestic support affects China’s agricultural and food market accounting for incomplete price transmission.FindingsConsidering incomplete price transmission mitigates the domestic price increases as responses to high international agricultural prices, which also lead to an increase in China’s trade deficit and prohibits net food sellers from receiving high prices. In the long term, an increase in China’s agricultural domestic support to its World Trade Organisation de minimis commitment level would increase domestic agricultural production and reduce its demand pressure on the international market.Originality/valueThis paper contributes to the literature by examining the impact of increased agricultural domestic support on the domestic market while innovatively accounting for incomplete food price transmission. The authors combine econometric estimated price transmission elasticities and an extended GTAP framework to underscore the importance of enhancing the model’s ability in accounting for incomplete price transmission when analysing the impact of agricultural policies.