Showing posts with label legal framework. Show all posts
Showing posts with label legal framework. Show all posts

Friday, 21 May 2010

EU Task Force on crisis resolution and budgetary discipline

The first meeting of the Task Force established by the March 2010 European Council on improved crisis resolution and better budgetary discipline will be held in Brussels on today, Friday 21 May 2010.

The Task Force is chaired by Herman Van Rompuy, President of the European Council.

Representatives of the members states, the rotating presidency and the European Central Bank will meet for the first time to start work with a view to presenting a report to the October European Council on the measures needed to reach the objectives of an improved crisis resolution framework and better budgetary discipline, says the press release from the President of the European Council.



European Council March 2010



We recall the conclusions of the European Council 25/26 March 2010 (document EUCO 7/10), where the heads of state or government mercifully acknowledged “in cooperation with the Commission” with regard to the establishment:



7. The European Council asks the President of the European Council to establish, in cooperation with the Commission, a task force with representatives of the Member States, the rotating presidency and the ECB, to present to the Council, before the end of this year, the measures needed to reach the objective of an improved crisis resolution framework and better budgetary discipline, exploring all options to reinforce the legal framework.



In the news


If official communication from the European Council has been meagre, individual leaders and politicians have launched various ideas and actions, probably adding more confusion than clarity at this stage.

Here is a brief roundup of European news sources ahead of the task force meeting.




EUobserver, Andrew Rettman: EU holds first meeting on joint economic governance (21 May 2010). The article discusses the proposals tabled by the Commission on 12 May and especially issues proposed by the German finance minister Wolfgang Schäuble.



EurActiv: Paris, Berlin struggle for unity ahead of EU meeting (21 May 2010) tells us how Germany’s Angela Merkel and France’s Nicolas Sarkozy are trying to iron out differences after the uncertainty generated by unilateral moves and ideas. Sanctions, potential French budget discipline, concerns over the euro and the Commission proposal on improving economic governance are outlined.




EUbusiness: France, Germany agree to cooperate on euro proposals (20 May 2010) says that Merkel and Sarkozy will coordinate closely at the Friday meeting chaired by Van Rompuy and prepare jointly ahead of the European Council 17 June and the G20 meeting at the end of June.




European Voice, Simon Taylor: Germany to push for nine financial reforms (21 May 2010) expected German finance minister Wolfgang Schäuble to present a nine-point plan to the Van Rompuy task force and outlined main points.




The Financial Times, Quentin Peel: Berlin pushes for global financial curbs (20 May 2010) records that chancellor Merkel will win a majority for Germany’s part of the euro stabilisation package, but fail to gain cross-party support. The article presents some proposals and positions.




Ralf Grahn

Saturday, 24 January 2009

EU customs duties: Associated overseas countries and territories

The asymmetric relationship between the EU member states and the associated overseas countries and territories (OCTs) is illustrated by the provisions on customs duties.

Customs duties are prohibited with regard to goods imported and originating from an OCT into an EU member states (paragraph 1).

Customs duties are prohibited with regard to imports from an EU member state or another OCT into an OCT (paragraph 2), but with the sizable exception that non-discriminatory customs duties which meet thee needs of its development and industrialisation or produce revenue for its budget (fiscal nature) are allowed (paragraphs 3 and 5).

Article 25 TEC referred to comprises not only to customs duties on imports and exports, but also to charges having equivalent effect.

The current Treaty establishing the European Community (TEC) sets out the principles concerning customs duties with regard to the non-European associated countries and territories in Article 184:




Article 184 TEC

1. Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States in accordance with the provisions of this Treaty.

2. Customs duties on imports into each country or territory from Member States or from the other countries or territories shall be prohibited in accordance with the provisions of Article 25.

3. The countries and territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets.

The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.

4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff.

5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States.


***

Consolidated Lisbon Treaty


Article 184 TEC underwent no specific amendments, so we move on to the consolidated version of the Treaty on the Functioning of the European Union (TFEU, where the corresponding provision is Article 200 (OJEU 9.5.2008 C 115/138):

(PART FOUR
ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES)


Article 200 TFEU
(ex Article 184 TEC)

1. Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States in accordance with the provisions of the Treaties.

2. Customs duties on imports into each country or territory from Member States or from the other countries or territories shall be prohibited in accordance with the provisions of Article 30.

3. The countries and territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets.

The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.

4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff.

5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States.


***


OCT background and perspectives




The Commission’s Green Paper on future OCT relations. The Communication Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 COM(2008) 383 final, presents the existing relations between the European Union and the OCTs as well as questions about the future:

http://ec.europa.eu/development/icenter/repository/1_EN_ACT_part1_v8.pdf

***


Overview legal framework


Annex III The Overseas Association Decision of 27 November 2001 (page 28 to 31) of the Commission Staff Working Document accompanying the Green Paper Future relations between the EU and the Overseas Countries and Territories, Brussels, 25.6.2008 SEC(2008) 2067, presents a summary of legal framework ruling the relationship between the EU and the OCTs, both the development assistance aspect and the economic and trade relations:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2067:FIN:EN:PDF


***


Trade relations overview

Annex IV Working document on the trade arrangements between the Community and the OCTs (page 32 to 38) of the Staff Working Document discusses regional integration, rules of origin, trade-related issues and transhipment.


***

Overseas Association Decision


The more exact arrangements are set out in the Overseas Association Decision 2001/822/EC, as amended and extended until 31 December 2013.



Ralf Grahn

Saturday, 25 October 2008

European Central Bank Ic: ESCB books and publications

One of the objectives of this blawg is to suggest reading materials for students of history, politics, economics and law on EU law and related subjects, here the European System of Central Banks (ESCB) and the European Central Bank (ECB), as well as European economic policy and the euro currency more widely.

***

An introductory brochure of a general nature, available in 23 EU languages, is ‘The European Central Bank, the Eurosystem, the European System of Central Banks’ (2nd edition, April 2008). It presents the history of economic and monetary union, the structure and tasks of the European System of Central Banks, monetary policy, the Target2 System, the euro banknotes and coins and banking supervision, and it offers a handy glossary for the general reader. The English version is available at the website of the European Central Bank:

http://www.ecb.int/pub/pdf/other/escb_en.pdf

***

Hanspeter K. Scheller: The European Central Bank ─ History, role and functions (2nd revised edition, 2006). The book is available in 13 languages; for the English version, go to:

http://www.ecb.int/pub/pdf/other/ecbhistoryrolefunctions2006en.pdf

***

The ‘Legal framework of the Eurosystem and the ESCB. ECB legal acts and instruments’ (July 2008), which “contains summaries of the legal acts and instruments constituting the legal framework of the Eurosystem and the ESCB. The publication presents the main legal acts and instruments in a readable form, with references to the official acts, which have been adopted by the ECB and published since the ECB’s establishment in June 1998 up to the end of 2007.”

In other words, this publication contains legal material at a deeper level than the treaty provisions, in the form of readable summaries. Go to:

http://www.ecb.int/pub/pdf/other/legalframeworkeurosystemescb2008en.pdf

***

If you need the (internal) institutional provisions, you might profit from having a handy publication. The ECB’s booklet ‘Institutional provisions’ contains the Statute of the ESCB and the ECB, the Rules of procedure of the Executive Board of the ECB and the Rules of procedure of the General Council of the ECB:

http://www.ecb.europa.eu/pub/pdf/other/ecbinstitutionalprovisions2004en.pdf



***

‘Legal aspects of the European System of Central Banks ─ Liber amicorum Paolo Zamboni Garavelli’ (2005) is a hefty compilation of articles about various legal aspects of European monetary policy:
http://www.ecb.int/pub/pdf/other/legalaspectsescben.pdf

***

European Central Bank: How the euro became our money. A short history of the euro banknotes and coins (unknown date ; 94 pages).

This illustrated history of the euro banknotes and coins is available at:

http://www.ecb.europa.eu/pub/pdf/other/euro_became_our_moneyen.pdf



***


Werner Becker: Der Euro wird zehn (EU Monitor 57, Deutsche Bank Research, 17. Juni 2008; 44 pages), is a detailed analysis, in German, of the successes and disappointments of nearly a decade of the single currency, since 1 January 1999 The strengths and weaknesses of the euro, the potential second world currency, are detailed in the face of approaching financial turmoil, which is going to be the first hard test of the Eurozone.

Available at:

http://www.dbresearch.com/PROD/CIB_INTERNET_EN-PROD/PROD0000000000226658.pdf

***

‘10th Anniversary of the ECB’ is the theme of the Special edition of the Monthly Bulletin (29 May 2008; 158 pages), with a comprehensive overview of monetary policy within the euro area. The English version is available at:

http://www.ecb.int/pub/pdf/other/10thanniversaryoftheecbmb200806en.pdf

***


The European Central Bank: The monetary policy of the ECB (2004; 128 pages), available at:

http://www.ecb.europa.eu/pub/pdf/other/monetarypolicy2004en.pdf


***

There are a number of useful publications on the ECB’s web pages, from the Monthly Bulletin and the handy Monthly Statistics Pocket Book to various specialist books and research papers. Look for Publications at:

http://www.ecb.europa.eu

The latest ECB Monthly Bulletin with economic and monetary developments, articles and euro area statistics (October 2008) is available at:

http://www.ecb.europa.eu/pub/pdf/mobu/mb200810en.pdf

The latest Statistics Pocket Book with macroeconomic data (October 2008):

http://www.ecb.europa.eu/pub/pdf/stapobo/spb200810en.pdf

***

Both long term decisions and the current financial turmoil are reflected in the European Central Bank’s press releases, available at:

http://www.ecb.europa.eu/press/pr/date/2008/html/index.en.html

***


The legal framework of the European Central Bank in its entirety can be accessed through:

http://www.ecb.int/ecb/legal/html/index.en.html

There is a helpful User Guide and links for detailed search.

***

For a quick recap of history, la Banque de France offers a convenient calender of events on the road to monetary union ‘Principales dates de l’Europe monétaire ─ et calendrier prévisionnel’:

http://www.banque-france.fr/fr/eurosys/telechar/europe/calendrier.pdf



***
The Banque de France article ‘Le statut juridique de la monnaie unique’ (an extract from Bulletin de la Banque de France No 108, December 2002) presents an overview of the legal framework of the euro currency:

http://www.banque-france.fr/fr/publications/telechar/bulletin/etu108_2.pdf


***

Deutsche Bundesbank, the national central bank of Germany, has published a fairly detailed overview of economic and monetary union, especially monetary policy. The 83 page publication ‘Die Europäische Wirtschafts- und Währungsunion’ (April 2008) is available at:

http://www.bundesbank.de/download/presse/publikationen/ewwu.pdf


***

The new Eurosystem entrant Malta presents ‘The law of the euro: Constitutive, institutional and external aspect’, by Ken Mifsud Bonnici (published by the Central Bank of Malta, 2008; 34 pages):

http://www.centralbankmalta.org/updates/downloads/pdfs/the_law_of_the_euro_2008.pdf

***

Michael Palmer offers a historical perspective in ‘The Banque central du Luxembourg in the European system of central banks’ (2001), with both national and European ingredients. The book, which contains a portrait of Pierre Werner (of the Werner Plan), is available at:

http://www.bcl.lu/fr/publications/autres_publications/bcl_european_system.pdf

***
The legal framework of the national central bank of Luxembourg is presented in Étienne de Lhoneux at al. ‘La Banque central du Lxembourg’:

http://www.bcl.lu/fr/publications/autres_publications/bcl_presentation_juridique.pdf

***

One example of interlocking national and European legislation is the Bank of Finland publication ‘Legal Provisions’ (2006):

http://www.bof.fi/NR/rdonlyres/0F437D54-9B58-4DA8-B5C4-CDCB3402CC51/0/saados_en.pdf

***

Some readers may be interested in the introduction of the euro currency in new entrants to the Eurosystem. Slovakia is going to be in the news during the last days of this year and at the beginning of 2009. You could start with the Slovakian government’s press release ‘Government approved the National Euro Changeover Plan’ (7 July 2005), with links to Part I and Part II of the Changeover Plan:

http://www.nbs.sk/INDEXA.HTM

You can then monitor further developments and updated plans by looking at the web page on the introduction of the euro at the National Bank of Slovakia.


You can also look for (official legal) opinions of the European Central Bank on various aspects concerning the euro changeover in Slovakia, or more generally at the web pages dedicated to the euro changeover.

Documents on the recent euro changeover (1 January 2007) in Slovenia are found on:

http://www.bsi.si/en/publications.asp?MapaId=717

***
Banco de España presents future perspectives in its conference report S. Fernández & F. Restoy (eds.) ‘Central Banks in the 21st Century’ (2006):

http://www.bde.es/informes/be/bcentral/bcentral_indice.htm

***

Next, this legal blog is going to return to the treaty and other provisions on the European System of Central Banks and the European Central Bank.


Ralf Grahn

Saturday, 11 October 2008

EU: Monetary policy Ic

The European Central Bank (ECB) offers the interested reader a number of publications on economic and monetary union (EMU). Here is a sample for students of history, politics, economics and law.

***

An introductory brochure, available in 23 EU languages, is ‘The European Central Bank, the Eurosystem, the European System of Central Banks’ (2nd edition, April 2008). It presents the history of economic and monetary union, the structure and tasks of the European System of Central Banks, monetary policy, the Target2 System, the euro banknotes and coins and banking supervision, and it offers a handy glossary for the general reader. The English version is available at the website of the European Central Bank:

http://www.ecb.int/pub/pdf/other/escb_en.pdf

***

Hanspeter K. Scheller: The European Central Bank ─ History, role and functions (2nd revised edition, 2006). The book is available in 13 languages; for the English version, go to:

http://www.ecb.int/pub/pdf/other/ecbhistoryrolefunctions2006en.pdf

***

‘10th Anniversary of the ECB’ is the theme of the Special edition of the Monthly Bulletin (29 May 2008), with a comprehensive overview of monetary policy within the euro area. The English version is available at:

http://www.ecb.int/pub/pdf/other/10thanniversaryoftheecbmb200806en.pdf

***

There are a number of useful publications on the ECB’s web pages, from the Monthly Bulletin and the handy Monthly Statistics Pocket Book to various specialist books and research papers. Look for Publications at:

http://www.ecb.europa.eu

The latest ECB Monthly Bulletin with economic and monetary developments, articles and euro area statistics (October 2008) is available at:

http://www.ecb.europa.eu/pub/pdf/mobu/mb200810en.pdf

The latest Statistics Pocket Book with macroeconomic data (October 2008):

http://www.ecb.europa.eu/pub/pdf/stapobo/spb200810en.pdf

***

Both long term decisions and the current financial turmoil are reflected in the European Central Bank’s press releases, available at:

http://www.ecb.europa.eu/press/pr/date/2008/html/index.en.html

***

If you are digging deeper, this legal blog or blawg would like to draw your attention to ‘Legal framework of the Eurosystem and the ESCB. ECB legal acts and instruments’ (July 2008), which “contains summaries of the legal acts and instruments constituting the legal framework of the Eurosystem and the ESCB. It covers the main legal acts and instruments that have been adopted by the ECB and published since the ECB’s establishment in June 1998 up to the end of 2007.”

In other words, this publication contains legal material at a deeper level than the treaty provisions this blog is currently focused on. Go to:

http://www.ecb.int/pub/pdf/other/legalframeworkeurosystemescb2008en.pdf

***

The legal framework of the European Central Bank in its entirety can be accessed through:

http://www.ecb.int/ecb/legal/html/index.en.html

There is a helpful User Guide and links for detailed search.

***

‘Legal aspects of the European System of Central Banks ─ Liber amicorum Paolo Zamboni Garavelli’ (2005) is a hefty compilation of articles about various legal aspects of European monetary policy:

http://www.ecb.int/pub/pdf/other/legalaspectsescben.pdf

***

Is the European Central Bank secretive?


Ralf Grahn