The Transition to a New EU Plant Protection Regime – Legal Problems in the Regulatory Field

2011 ◽  
Vol 2 (3) ◽  
pp. 407-414
Author(s):  
Gérardine Garçon
Keyword(s):  
European Union ◽  
Plant Protection ◽  
Plant Protection Products ◽  
Common Market ◽  
The European Union ◽  
Member States ◽  
The Past ◽  
Legal Problems ◽  
Council Directive ◽  
The Common

The plant protection law within the European Union has been continuously developed over the past two decades. Whereas harmonized provisions for the placing of plant protection products on the common market were introduced by Council Directive 91/414/EEC of 15 July 1991 (hereinafter the “Directive”), almost two decades later, a revision of the Directive has been passed which takes, in order to ensure consistency throughout the Member States and to provide for simplification, the form of a regulation. Regulation (EC) No. 1107/2009 concerning the placing of plant protection products on the market (hereinafter the “Regulation”) was adopted on 21 October 2009.

scholarly journals Protection possibilities of agricultural minor crops in the European Union: a case study of soybean, lupin and camelina

2019 ◽  
Vol 127 (1) ◽  
pp. 55-61 ◽  
Author(s):  
Ewa Matyjaszczyk
Keyword(s):  
European Union ◽  
Active Substance ◽  
Plant Protection ◽  
Plant Protection Products ◽  
Agricultural Crops ◽  
The European Union ◽  
Member States ◽  
Minor Crops ◽  
Chemical Products

Abstract In the central part of the European Union soybean, lupin and camelina are minor agricultural crops. The paper presents analysis of plant protection products availability for those crops in Austria, Belgium, Czech Republic, Germany, Holland, Hungary, Poland and Slovakia. Data from year 2019 show that availability of products is generally insufficient. For camelina in some countries, there are no chemical products available whatsoever. For lupin and soybean, there are not always products available to control some pest groups. However, the products on the market differ significantly among the member states. The results show that in protection of soybean, lupin and camelina, no single active substance is registered for the same crop in all the analysed member states. In very numerous cases, active substance is registered in one out of eight analysed member states only.

Part V Judicial Review before the Court of Justice of the European Union, 3 Decentralized Judicial Review and Enforcement of EU State Aid Rules

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
Judicial Review ◽  
State Aid ◽  
Common Market ◽  
Final Decision ◽  
The European Union ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
The Common

This chapter assesses the enforcement of EU State aid rules. The Commission is not the only authority involved in the monitoring of State aid. As regards the supervision of Member States' compliance with their obligations under Articles 107 and 108 TFEU, the national courts also have an important role to play. The implementation of that system of control is a matter for both the Commission and the national courts, their respective roles being complementary but separate. Whilst assessment of the compatibility of aid measures with the common market falls within the exclusive competence of the Commission, subject to review by the Courts of the European Union, it is for national courts to ensure the safeguarding, until the final decision of the Commission, of the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by Article 108(3) TFEU.

scholarly journals The Gazprom Case: Lessons of the Past For the Future

2017 ◽  
Vol 10 (16) ◽  
pp. 57-76
Author(s):  
Dalia Višinskienė ◽  
Justina Nasutavičienė
Keyword(s):  
European Union ◽  
Common Market ◽  
Competition Authority ◽  
The European Union ◽  
The Past ◽  
Merger Regulation ◽  
The Future ◽  
The Common ◽  
The Republic ◽  
The Eu

Under the EU Merger Regulation, if the Commission has concerns that a merger may significantly affect competition in the European Union, the merging companies may propose modifications to the project that would guarantee continued competition on the market. The Commission may declare a concentration compatible with the common market following such a modification by the parties and attach to its decision conditions and obligations intended to ensure that the undertakings comply with the commitments. In other words, commitments have to be offered by the parties but the Commission may introduce conditions and obligations if they are required to ensure the enforceability of commitments. Meanwhile the scope to propose merger modifications and the level of discretion of the competition authority are quite different under the Law on Competition of the Republic of Lithuania, adopted almost two decades ago. The goal of this paper is to reveal those differences and, with the help of the jurisprudence of the Supreme Administrative Court of Lithuania in the Gazprom case, to explain how this may impact future cases

Law on Churches and Religion in the European Legal Area – Through German Glasses

2007 ◽  
Vol 8 (6) ◽  
pp. 563-576 ◽  
Author(s):  
Hans Michael Heinig
Keyword(s):  
European Union ◽  
German Law ◽  
Legal Framework ◽  
Common Market ◽  
The European Union ◽  
Member States ◽  
Legal Situation ◽  
Antidiscrimination Law ◽  
The Common ◽  
Critique Of Ideology

Approximately ten to fifteen years ago the “danger of Europeanization” of the German law on churches and religion was hotly debated. The churches in Germany feared that the influence of the European Union would dramatically change their legal framework. But also academic writers worried about the influence of the common market law or European antidiscrimination law on the legal situation of the churches in the member states – sometimes in rather shrill tone. One almost got the impression that Brussels replaced the Marxist Ideologiekritik (critique of ideology) as the main enemy of Christianity in Europe.

Het moeilijke keren van een kolos de Europese Unie in 1995

Res Publica ◽  
1996 ◽  
Vol 38 (3-4) ◽  
pp. 607-630
Author(s):  
Bart Kerremans
Keyword(s):  
European Union ◽  
Security Policy ◽  
Economic And Monetary Union ◽  
The European Union ◽  
Member States ◽  
The Past ◽  
Third Stage ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Eu

In 1995 the newly enlarged European Union has proved to be capable to handle its problems and to take decisions in a large array of issues. The EU tried to cope with unemployment, continued the preparation of the third stage of the Economic and Monetary Union, adopted its 1996 budget decisions relatively smoothly, and intensified its relations with different parts of the world. On the other hand however, enlargement itself is increasingly affecting the Union as it preparing itself for the upcoming accession of some of its Central European and Mediterranean neighbors. The northern member states look with some suspicion at the budgetary consequences and already show a lot of restraint in paying more to the EU-budget, for the sake of their southern counterparts. Some member states are looking for a balanced enlargement in which the eastern enlargement would be counterbalanced by a Mediterranean one, and for a balance in the financial support that is provided by the EU to third countries. The biggest issue is however, the institutional adaptation of the European Union to a new enlargement. The preparations of the 1996 Intergovernmental Conferencethat took place in 1995, have shown however, that this process will be a difficult one. With the 1995 enlargement, the European Union has increased the number ofmember states that perceive the process of European integration primarily as an economic one. This will make institutional adaptations more difficult and risks to paralyze the Common Foreign and Security Policy of the Union even more than it already did in the past few years. Stated differently, 1995 has left a number of question marks on the EU's future. Whether these will disappear soon, 1996 will show.

The Plant Protection Products (PPP) Sector in the European Union: A Special View on Herbicides

2017 ◽  
Vol 29 (3) ◽  
pp. 575-595 ◽  
Author(s):  
Alessandro Bonanno ◽  
Valentina C. Materia ◽  
Thomas Venus ◽  
Justus Wesseler
Keyword(s):  
European Union ◽  
Plant Protection ◽  
Plant Protection Products ◽  
The European Union

scholarly journals Competition Law and State Aid for Failing Banks in the EU and its Specific Implications for CEE Member States

2016 ◽  
Vol 9 (14) ◽  
pp. 145-157
Author(s):  
Virág Blazsek
Keyword(s):  
European Union ◽  
State Aid ◽  
Common Market ◽  
Competition Authority ◽  
The European Union ◽  
Member States ◽  
Positive Effects ◽  
The Stability ◽  
Bank Bailouts ◽  
The Eu

The bank bailouts following the global financial crisis of 2008 have been subject to prior approval of the European Commission (EC), the competition authority of the European Union. The EC was reluctant to reject rescue efforts directed at failing banks and so it consistently approved all such requests submitted by Member States. Out of the top twenty European banks, the EC authorized State aid to at least twelve entities. In this context, the paper outlines the gradually changing interpretation of EU State aid rules, the “temporary and extraordinary rules” introduced starting from late 2008, and the extension of the “no-State aid” category. The above shifts show that the EC itself deflected from relevant EU laws in order to systemically rescue important banks in Europe and restore their financial stability. The paper argues that bank bailouts and bank rescue packages by the State have led to different effects on market structures and consumer welfare in the Eurozone and non-Eurozone areas, mostly the Eastern segments of the European Union. As such, it is argued that they are inconsistent with the European common market. Although the EC tried to minimize the distortion of competition created as a result of the aforementioned case law primarily through the application of the principle of exceptionality and different compensation measures, these efforts have been at least partially unsuccessful. Massive State aid packages, the preferential treatment of the largest, or systemically important, banks through EU State aid mechanisms – almost none of which are Central and Eastern European (CEE) – may have led to the distortion of competition on the common market. That is so mainly because of the prioritization of the stability of the financial sector and the Euro. The paper argues that State aid for failing banks may have had important positive effects in the short run, such as the promotion of the stability of the banking system and the Euro. In the longrun however, it has contributed to the unprecedented sovereign indebtedness in Europe, and contributed to an increased economic and political instability of the EU, particularly in its most vulnerable CEE segment.

scholarly journals DERMAL ABSORPTION OF DIQUAT AND POTENTIAL OCCUPATIONAL RISK

2020 ◽  
Vol 73 (7) ◽  
pp. 1459-1464
Author(s):  
Tatyana O. Yastrub ◽  
Sergii T. Omelchuk ◽  
Andrii M. Yastrub
Keyword(s):  
Risk Assessment ◽  
European Union ◽  
Plant Protection ◽  
Plant Protection Products ◽  
Dermal Absorption ◽  
The European Union ◽  
Association Agreement ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
High Level

The aim: The toxicological-hygienic assessment of dermal absorption of diquat in terms of potential risk of its bioavailability in professional use. Materials and methods: The object of the study was cutaneous exposure of diquat, determined in toxicological experiments of different duration (data of scientific literature) and at the stage of state testing of pesticide preparations based on diquat dibromide (data of a full-scale hygiene experiment, prognostic model of risk assessment), the technical concentrate of diquat dibromide (active substance content not less than 377 g / kg) contains relevant supplements, the content of which is regulated by the Food and Agriculture Organization. Results and conclusions: Due to the high risk of the diquat adverse effects affecting the personnel, general public and environment, the European Union has introduced administrative decisions to forbid plant protection products containing the diquat. Fulfillment of the conditions of the Association Agreement between Ukraine and the European Union indicates the need to develop common regulations and risk assessment methods aimed at ensuring high level of protection of human health and the environment.

Part IV Procedures before the Commission, 3 Recovery of Unlawful Aid and the Role of National Courts

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
Competitive Advantage ◽  
Common Ground ◽  
Common Market ◽  
The European Union ◽  
National Courts ◽  
The Common ◽  
State Aids

This chapter examines the recovery of unlawful and incompatible State aids, which is one of the cornerstones of free and undistorted competition in the European Union. The repayment of an aid declared unlawful and incompatible with the common market is of utmost importance, as it eliminates the distortion of competition caused by the competitive advantage afforded by the contested aid. In other words, by repaying an unlawful aid, the recipient forfeits the advantage it had enjoyed over its competitors on the market and therefore the previously existing situation is restored; it is common ground in this respect that this objective is attained once the aid in question—increased, where appropriate, by default interests—has been repaid by the recipient.

scholarly journals A New Crisis Manager at the Horizon – The Case of the European Union

2000 ◽  
Vol 13 (2) ◽  
pp. 255-263
Author(s):  
Steven Blockmans
Keyword(s):  
European Union ◽  
Crisis Management ◽  
Security Policy ◽  
Crisis Response ◽  
The European Union ◽  
Member States ◽  
Management Capability ◽  
Concrete Form ◽  
Foreign And Security Policy ◽  
The Common

The 1999 Kosovo crisis has forced the European Union to finally give concrete form to its ambitions in the sphere of the common foreign and security policy. At a time when agreement on defence issues seems out of reach, the member states' focus is on the development of a crisis management capability. It is argued that when the Union's diplomatic structures are complemented with military and civilian crisis response tools, much needed balance will be given to the Union's persona as an economic giant and a political dwarf. The article includes a number of measures which should be taken with a view to reinforcing and extending the Union's external role in this field.

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