European Union Draft Research Articles

Нові пропозиції щодо регулювання ринку криптоактивів у Європі та шляхи імплементації їх в Україні

Introduction. Digital finance is increasingly becoming one of the most important parts of the economic and financial ecosystems of Europe and Ukraine. The demand for crypto-assets and related products and services has grown rapidly in recent years and is becoming increasingly interconnected with the regulated financial system as it potentially fundamentally changes it and the entire economic system of a nation. Understanding the risks associated with a sector where most activities are unregulated or, at best, lightly regulated, their assessment and the potential benefits of digital assets must answer the question of how the financial system meets the current needs of consumers in a fair, inclusive and efficient way. Problem Statement. The main challenge is the need for an internationally agreed policy approach, including the definition and parameters of jurisdiction, as well as in terms of exchanges between countries, prevention of market manipulation and systemic risks. On the national market – inconsistency of state authorities and blocking of the process of legalization of the virtual assets market, implementation of own regulatory framework taking into account credit and payment risks, banking risks and anti-money laundering (AML) risks, tax policy and risks of tax evasion, fraud, cyber security, hacking and privacy risks. Purpose. The new proposals of the digital financial package of the European Union draft laws on the regulation of the crypto-assets market were considered. The situation on the market was analysed and it was determined that Ukraine occupies one of the leading places in the world market and needs to speed up the implementation of the legal market of virtual assets. Considering the fact that our country is on the European democratic path, the need to revise the legislation in the financial system in terms of the introduction of digital finance is absolutely necessary for the effective development of the economic and IT spheres. Methods. General scientific and special methods are used: analysis, synthesis, grouping, description, comparison, theoretical generalization and abstract-logical. Conclusions. The introduction of an effective market of virtual assets in Ukraine is currently one of the important tasks of the political and financial system of the country, taking into account their popularity in Ukraine and the need in wartime for settlements with foreign counterparties. An effective legal system will not only maintain a leading position in the IT sector on the global market, but also the development of the financial and economic system as a whole. Since the European Union is the third largest economy in the world, regulatory decisions are more likely to have a serious impact on other countries, including Ukraine. Therefore, studying and implementing its legislative initiatives is an important step towards bringing Ukraine closer to a democratic safe space.

Pluralistic sociotechnical imaginaries in Artificial Intelligence (AI) law: the case of the European Union’s AI Act

ABSTRACT This paper asks how lawmakers and other stakeholders envision the potential benefits and challenges arising from Artificial Intelligence (AI). A close reading of the European Union's draft AI Act, a bill proposed by the European Commission in April 2021, and of 302 response papers submitted by NGOs, businesses and business associations, trade unions, academics, public authorities, and citizens, shows that pluralistic sociotechnical imaginaries contest: (1) the essential characteristics of technology as they relate to society, politics, and law; (2) whether, how and how much law can enable, direct or constrain scientific & technological developments; and (3) the degree to which law does and should intervene into scientific & technological controversies. The feedback from stakeholders reveals major disagreements with the lawmakers in terms of how the relevant characteristics of AI should influence legal regulation, what the desired law should look like, and whether and how the law should intervene into expert debates in AI. What is more, different types of stakeholders diverge considerably in what they problematise and how they do so.

Scrutinising European Union legislation in light of subsidiarity: the Maltese Parliament

ABSTRACTOne of the main objectives of the Lisbon Treaty was to increase the democratic legitimacy of the European Union (EU). Member state parliaments were, therefore, equipped with new tools for monitoring compliance of EU draft laws with the principle of subsidiarity. The aim of this article is to shed some light on the unicameral Maltese Parliament’s ex ante subsidiarity scrutiny of European legislation. Based on the island’s historical and cultural background, the Kamra tad-Deputati confers great importance to the application of subsidiarity, although it is still in its learning curve over the rapid and effective implementation of such procedures.

Opening the Door for the Opportunistic Use of Interim Financing: A Critical Assessment of the EU Draft Directive on Preventive Restructuring Frameworks

AbstractThe European Union Draft Directive on a Preventive Restructuring Framework and Second Chance (the ‘Draft Directive’) provides rules for adopting reorganisation plans in order to avoid insolvency. The Draft Directive also provides rules on the related problem of interim financing. According to the Draft Directive, interim financing should be encouraged and not be made subject to claw back unless parties have committed fraud or acted in bad faith. The Draft Directive thereby fails to recognise that finance transactions are too diverse in nature to provide the company and its financial creditors with a transaction avoidance free period. If the Draft Directive is adopted in its current form, it will open the door for opportunistic use of interim financing by both debtors and professional lenders. It will allow debtors to make final bets with other people's money and will also allow for conduit pipe financing reducing the exposure of existing shareholders. Lenders will also be able to make opportunistic use of the rules, most notably in the form of cross‐collateralisation and aggressive loan‐to‐own strategies under the guise of interim financing.There are several possible solutions to the potential for opportunistic use. The courts could be involved ex ante. This would, however, turn the Draft Directive into a fully fledged court supervised procedure instead of the currently intended preventive restructuring procedure which avoids such court procedures. An alternative would be to simply take out the provisions on interim financing. Another possibility would be to limit the protection offered in the Draft Directive to cases of new security against new money necessary and used for the continuation of the business. Copyright © 2018 The Authors International Insolvency Review published by INSOL International and John Wiley & Sons Ltd.

Subsidiarity as a Moral, Philosophical and Legal Category

In the paper subsidiarity is considered in two contexts: Moral-philosophical and legal. Both aspects are synergistic, predetermining the dynamic and ambiguous nature of subsidiarity as a principle aimed at better attainment of the objective by mutual assistance and mutual support of the actors of power relations. Do not take away from the others what they can do themselves! This is the moral and ethical quintessence of subsidiarity and the most important value aspect of its practical application. Without denying their Catholic roots and philosophical nature, today subsidiarity predominantly serves as a competency principle in multi-level decision-making systems that always raise the question concerning the best (appropriate) level of exercising jointly shared powers. By including the principle of subsidiarity in its primary law and consistently developing it in the provisions of constituent treaties, the European Union (EU) has shown to the entire world community practical ways to apply this principle in order to qualitatively improve the supranational legislation that regulates the issues jointly implemented by the EU Member States. Without going into an in-depth analysis of the substantive content of the principle of subsidiarity, the author pays particular attention to the procedural aspects of the practical application of the principle of subsidiarity in the EU law as justification for the need to implement regulatory EU prerogatives (to be included in the preamble to EU draft laws) and the subsidiary control mechanism (implemented by national parliaments with regard to the EU draft laws). A judicial aspect of practical application of the principle of subsidiarity is also not overlooked. In the course of the study, the author assesses the effectiveness of the principle of subsidiarity in the EU as a legal category. The author concludes that in EU Law prevails a political approach to resolving disagreements between supranational and national law-makers regarding the correct application of the principle of subsidiarity in the EU legislative process. However, this does not in any way have a leveling effect on the legal relevance of the principle of subsidiarity in order to achieve the goals of better enforcement of the EU regulatory prerogatives.

Sustainable use of sewage sludge in acid soils within a circular economy perspective

Fertiliser future shortage and the associated increased economic and environment transport costs are key reasons to promote the use of urban residues as fertilisers in agriculture. Sewage sludge (SS) use as a fertiliser is promoted by the EU, which also consider the harmful effects of heavy metals (HMs). It is important to characterise the levels of HM in soils allocated to pasture and forage crops, before SS application, in order to have an initial soil reference and to see how they vary over time specially in acid soils, where HM availability and therefore its ecosystem impact is larger. For this study, we selected a region with natural very acid soils, and with high needs of fertilisers due to the high crop production potential regarding to important crops like maize, forage crops and grasslands. Galicia is a small region of Spain (9% of the Spanish territory) that produces the 33% and the 60% of the woodland products of Spain. This study generally aims to evaluate the use of SS as a fertiliser in a large agronomic region of Spain, as well as to identify the disadvantages associated with its use. In concrete terms, the study aims at comparing the implications of the current limit values and the analysis of the implications of tighter limits imposed by the EC to evaluate the effect on the availability of sites for sludge applications in Galicia. Results indicate that, after the analysis of 2557 soils, more than the 90% of Galician soils are suitable to receive sewage sludge (SS) following the current regulation RD 1310/90 but only 28.7% fulfil the EUDWD (European Union Draft Working Document) requirements. Most of the samples that do not fulfil the Spanish regulation are associated with basic and ultrabasic rocks that define natural environments with specific plants and soil microorganisms already adapted to these levels of HM. In order to apply more sustainable practices for agricultural production, it is proposed to take into account the mean HM levels of the soil for each heavy metal (HM) trying not to surpass the mean levels of the soils derived from the different parent rock material, after considering human health risks. Moreover, this recommendation would respect the original environment of the soil that acts as a habitat for different organisms, preserving beta biodiversity.

An evaluation of fish early life stage tests for predicting reproductive and longer-term toxicity from plant protection product active substances.

The chronic toxicity of chemicals to fish is routinely assessed by using fish early life stage (ELS) test results. Fish full life cycle (FLC) tests are generally required only when toxicity, bioaccumulation, and persistence triggers are met or when there is a suspicion of potential endocrine-disrupting properties. This regulatory approach is based on a relationship between the results of fish ELS and FLC studies first established more than 35 yrs ago. Recently, this relationship has been challenged by some regulatory authorities, and it has been recommended that more substances should undergo FLC testing. In addition, a project proposal has been submitted to the Organisation for Economic Cooperation and Development (OECD) to develop a fish partial life cycle (PLC) test including a reproductive assessment. Both FLC and PLC tests are animal- and resource-intensive and technically challenging and should therefore be undertaken only if there is clear evidence that they are necessary for coming to a regulatory decision. The present study reports on an analysis of a database of paired fish ELS and FLC endpoints for plant protection product active substances from European Union draft assessment reports and the US Environmental Protection Agency Office of Pesticide Programs Pesticide Ecotoxicity Database. Analysis of this database shows a clear relationship between ELS and FLC responses, with similar median sensitivity across substances when no-observed-effect concentrations (NOECs) are compared. There was also no indication that classification of a substance as a mammalian reproductive toxicant leads to more sensitive effects in fish FLC tests than in ELS tests. Indeed, the response of the ELS tests was generally more sensitive than the most sensitive reproduction NOEC from a FLC test. This analysis indicates that current testing strategies and guidelines are fit for purpose and that there is no need for fish full or partial life cycle tests for most plant protection product active substances.

The European Union draft Code of Conduct for outer space activities: An appraisal

The European Union draft Code of Conduct for outer space activities is one of the primary international initiatives, that are currently active, to enhance the safety, security and sustainability of outer space activities. Although the spirit underlying the instrument is commonly shared by space-faring countries, substantial disagreement exists among States as to some of its core provisions. This article proposes that the Code of Conduct should make a clear distinction between commercial activities and military activities, and adopt more balanced measures on the restriction of military activities in outer space.

Towards a trans-systemic approach to observing Chinese civil law development

The essence of this article is a comparison of two major codification projects—the new codification of Chinese civil law legislation in the twenty-first century, compared with roots in similar projects of a European Union draft civil code or frame of common reference. This is further compared with the recent project at the Faculty of Law of McGill University to pursue the modern teaching of civil law and common law as a ‘transsystemic’ class-room, a theory that seems to be at play in modern Chinese legislative development.

Decontamination of polycyclic aromatic hydrocarbons and nonylphenol from sewage sludge using hydroxypropyl-β-cyclodextrin and evaluation of the toxicity of leachates

A decontamination technique based in cyclodextrin extraction has been developed to eliminate nonylphenol (NP) and 16 polycyclic aromatic hydrocarbons (PAHs; the US Environmental Protection Agency priority pollutants list) from sewage sludge. In a first step, PAHs and NP were characterised in six sludges to determine contamination levels according to limit values proposed by the European Union Sludge Directive draft. There were few variations in the total PAHs content with levels of 1.88 to 3.05 mg kg(-1). Three-ring PAHs predominated, but fluoranthene and pyrene were also present. None of the sludge exceeded the PAHs limit proposed by the European Union's draft Directive. On the contrary, NP content in four of the six sludges was over the recommended limits of 50 mg kg(-1) for NP ethoxylates. With the aim of obtaining NP values below the concentration limits proposed to use the sewage sludge as agricultural amendments, a preliminary study using hydroxypropyl-β-cyclodextrin (HPBCD) extractions as a decontamination technique was carried out. About 90% of NP content was removed with only one extraction with HPBCD, whereas after three sequential extractions using an aqueous solution without HPBCD, the NP extraction percentage was less than 1%. Simultaneously, PAHs extraction percentages obtained with HPBCD were also much higher than when aqueous solution was used, especially in the case of two- and three-ring PAHs. Finally, the potential environmental hazard of HPBCD leachates to aquatic organisms (Daphnia magna) was tested. These results indicate that the treatment of sewage sludge with cyclodextrin could allow their safe use as fertiliser in agriculture.

A Case Study and a Computational Simulation of the European Union Draft Technical Guidance Documents for Chemical Safety Assessment of Mixtures: Limitations and a Tentative Alternative

Two different methods, Key Critical Component (KCC) and Composite Reciprocal (CR), are used to derive Predicted No Effect Concentration (PNECs) and Derived No Effect Level (DNELs) that are employed in mixture risk assessment. A case study was conducted on coating products and a computational simulation of the KCC and CR methods. The KCC method considers only one key critical component as the whole mixture of equal danger, whereas the CR method indirectly considers the contribution of each component to mixture toxicity. Computational simulation is the first approach that adopts a theoretical perspective in discussing the causes of different outcomes between models and how the two methods should be applied for regulatory purposes in terms of concept, implementation, and performance. The deviation between the two models was highly dependent on the number of mixture components having similarly weighted DNELs (or PNECs). Therefore, if risk assessment using the KCC or CR method needs to be achieved, then the number of mixture components with similarly weighted DNELs (or PNECs) should be checked first. In this study, as a tentative alternative to the existing KCC and CR methods, a tiered approach combining Enhanced KCC (e-KCC) and CR methods was proposed and discussed. [Supplementary materials are available for this article. Go to the publisher's online edition of Journal of Occupational and Environmental Hygiene for the following free supplemental resources: Material Safety Data Sheets for coating products.]

Microwave-assisted transesterification of jatropha and waste frying palm oil

The utilisation of non-edible oil as a biodiesel feedstock is expected to minimise the utilisation of food-grade oil for industrial applications. The microwave-assisted transesterification process was adopted to obtain the biodiesel from jatropha oil and waste frying palm oil (WFPO). The transesterification process was carried out in the presence of methanol with a methanol to oil ratio of 12:1 and a catalyst (sodium hydroxide). The effect of transesterification reaction parameters such as quantity of the catalyst, reaction temperature and time on the biodiesel yield and purity has been investigated. The optimised reaction temperature, time and catalyst concentration was 65 °C, 7 min and 1% by weight, respectively. The highest percentage yield (89.7 for jatropha and 88.63 for WFPO) and purity (99.65 for jatropha and 99.45 for WFPO) of biodiesel was observed with the optimised process parameters. The fuel properties of the obtained biodiesel were tested according to European Union draft standards. The obtained results suggested that microwave radiation may be employed in the transesterifcation process to reduce the reaction time and temperature.

Cadmium availability to wheat grain in soils treated with sewage sludge or metal salts

Grain Cd concentrations were determined in wheat ( Triticum aestivum L.) grown in 1999, 2001 and 2003, at six sludge cake field experiments. Three of these sites also had comparisons with Cd availability from metal amended liquid sludge and metal salts. Grain Cd concentrations in all years and at all sites were significantly linearly correlated with NH 4NO 3 extractable Cd and soil total Cd ( P < 0.001). Soil extractability was greater in the liquid sludge and metal salt experiments than in the cake experiments, as were grain Cd concentrations. Across all the sites, NH 4NO 3 extractable soil Cd was no better at predicting grain Cd than soil total Cd. Stepwise multiple linear regression analysis showed that soil total Cd, pH and organic carbon were the only significant ( P < 0.001) variables influencing wheat grain Cd concentrations, explaining 78% of the variance across all field experiments (1408 plots). This regression predicted that the current UK soil total Cd limit of 3 mg kg −1 was not sufficiently protective against producing grain above the European Union (EU) grain Cd Maximum Permissible Concentration (MPC) of 0.235 mg Cd kg −1 dry weight, unless the soil pH was >6.8. Our predictions show that grain would be below the MPC with >95% confidence with the proposed new EU draft regulations permitting maximum total Cd concentrations in soils receiving sludge of 0.5 mg kg −1 for soils of pH 5–6, 1 mg kg −1 for soils of pH 6–7, and 1.5 mg kg −1 for soils of pH ⩾ 7.

The European disunion

In the wake of French and Dutch voters'‘no’ to the European Union's draft constitutional treaty, European leaders have so far failed to rise to the occasion. Rather than struggle to define a reasonable way forward at the June 2005 summit in Brussels, European governments fiddled over relatively trivial budget issues while the EU burned. Ironically, the draft EU constitution has died — or at least has fallen into a deep coma – in France, where the European project was initiated more than half a century ago. The endeavour is now stalled. A battle of visions has started amidst widespread confusion about what to do with the constitutional treaty. The time has come to clarify the institutional nature, as well as the ultimate goal, of the European Union.

Exposure assessment and microcosm fate of selected selective serotonin reuptake inhibitors

The exposure and fate of selective serotonin reuptake inhibitors (SSRIs) was evaluated using modeled predicted environmental concentrations (PECs) according to the U.S. and the European Union (EU) guidelines and microcosm model ecosystems. According to the U.S. guidance, crude environmental introduction concentrations, the only SSRI that would require environmental assessment would be sertraline. However, the more conservative EU draft guidance PEC would require further assessment of all five SSRIs. Refined PECs developed using the U.S. and the EU guidelines along with estimates of removal by sewage treatment and receiving water dilution factors indicate that the U.S. methodology corresponds better to MEC data determined in the U.S. and Canada. Worst-case (99th centile) PECs for citalopram, fluoxetine, fluvoxamine, paroxetine, and sertraline were 30, 19, 30, 65, and 122 ng/L, respectively, using the U.S. methodology and 142, 182, 841, 144, and 575 ng/L, respectively, using the EU draft methodology. The dissipation of fluoxetine and fluvoxamine from the water column in aquatic microcosms was best described using a two-compartment model while sertraline followed a one-compartment model. Fluoxetine and fluvoxamine water concentrations initially dissipated with first phase half-lives of 3.8 and 1.8 days, respectively, but levelled off at concentrations around 10 μg/L with second phase half-lives of 76.7 and 59.3 days, respectively, not including those estimated as infinity. Sertraline dissipation tended toward the detection limit with a half-life of 3.4 days. Fluoxetine was found to be the most persistent followed by fluvoxamine and sertraline. Estimated log( K OC) values for all SSRIs were >4.3 indicating that SSRIs are expected to adsorb to sediment or sludge. Partitioning into other environmental compartments such as this may act as a reservoir from which SSRIs may be re-released into surface waters and indicates the potential susceptibility of benthos.

CHEMICALS PLAN GAINS MOMENTUM

WORK ON REACH —THE European Union's draft legislation on the registration, evaluation, and authorization of chemicals—is gaining momentum. That was the word last week from Stavros Dimas, the Europe...

A Different Course? America and Europe in the 21st Century

Nations are not something eternal. They had their beginnings and they will have an end. A European confederation will very probably replace them. But such is not the law of the century in which we are living. At the present time, the existence of nations is good thing, necessity even. Their existence is the guarantee of liberty, which would be lost if the world had only one law and only one master. (1) -- Ernest Renan, 1882 With ten new members added into the fold and new draft constitution working its way through capitals for ratification, the European Union (EU) is in the midst of unprecedented political and geographic integration. This transcontinental constitutional process is major undertaking. Of course, at 263 single-spaced pages, just reading the EU constitution is major undertaking. One can't help but compare the EU's behemoth to the US Constitution, which is modest 4,600 words, not including amendments. While the EU document addresses everything from fisheries to occupational hygiene, the US Constitution deals with broader matters--treaties and taxation, war and peace, rights and responsibilities. Perhaps it's understandable, then, that as Europe strives to come together, the transatlantic community, led as it is by the States, seems to be coming apart. Some voices on both sides of the Atlantic argue that this parting of ways is inevitable, even desirable. After all, the differences between Europe and the States are more pronounced and their common interests less obvious than at any time in the last 65 years. However, if the history of the past hundred years or so teaches us anything, it is that the transatlantic partnership is an essential ingredient both to the security of the States and to the security of the modern Hence, understanding the changes and challenges within Europe could help Americans respond to the changes and challenges facing the transatlantic community. is The question What is Europe? is not so easily answered--especially, it seems, inside Europe. Some see Europe as large chunk of the northern hemisphere stretching from Iceland to Siberia; some say it's smaller, but they don't know precisely how much smaller. Some say Europe is an economic club, an idea, common cultural heritage. Others say it's political unit of diverse peoples--hence, the EU's new motto United in Diversity. British Prime Minister Tony Blair wants a Europe of nation-states, while French President Jacques Chirac envisions a grand design for Europe, one that will secure France's place in the world. (2) Answering this question is essential for Europeans and the rest of the world, however, because as long as it remains unanswered the still-amorphous swath of earth known as Europe cannot really play dependable role in international security. Like college student finding herself or 40-something going through his mid-life crisis, an undefined Europe may be independent; it may even offer something constructive from time to time; but it will usually be self-centered and focused inward. This sort of Europe cannot be an enduring partner in the 21st century. Europe is indeed common market--and powerful one at that. After all, the European Union consists of some 450 million people. When considered as one unit, the EU's 25 economies comprise the largest gross domestic product (GDP) on earth. But is it really union? It has flag and pan-national anthem. It claims to have common currency, though key members of the EU, including the Kingdom, have not adopted it. However, Europe has no common foreign policy. It has no common language, except perhaps the language spoken by George W. Bush and Blair, two men who have caused more than little heartburn for the continental club. Indeed, the EU's draft constitution is written in almost two dozen languages. Europe also has no common history or ethnicity or founding moment. …

Hindsight rather than foresight: reality versus the EU draft guideline on pharmaceuticals in the environment

The strategy of passing much of European Union (EU) waste water through a sewage treatment plant (STP) before discharging it into rivers or lakes has done much to improve the quality of our inland waterways. But we still face a very worrying situation. Environmental problems have surfaced in conjunction with the STPs and their effluent recipients, and attention has turned to human pharmaceuticals and endocrine active substances, in particular, as another source of potential pollutants. Trying to assess the detrimental effects of these chemicals on the aquatic environment represents an extreme cost in terms of animals, time and finance. Instead, it would be better to go back to basics and to prevent entry of these substances into our aquatic environment.

Hindsight rather than foresight: reality versus the EU draft guideline on pharmaceuticals in the environment

The strategy of passing much of European Union (EU) waste water through a sewage treatment plant (STP) before discharging it into rivers or lakes has done much to improve the quality of our inland waterways. But we still face a very worrying situation. Environmental problems have surfaced in conjunction with the STPs and their effluent recipients, and attention has turned to human pharmaceuticals and endocrine active substances, in particular, as another source of potential pollutants. Trying to assess the detrimental effects of these chemicals on the aquatic environment represents an extreme cost in terms of animals, time and finance. Instead, it would be better to go back to basics and to prevent entry of these substances into our aquatic environment.

Some Comments on the Draft EU Constitution's Exit Proposal

This paper comments on the secession provision of the European Union's draft constitution. The author suggests changes to the language of the current draft that would better protect the rights of individuals who live in a nation that is a member of the EU.