EU Law - Global Reach Flashcards
Regulation 1236/2009 requirements
No exporting of death penalty drugs
How does WTO sometimes facilitate BE?
Limited ability of EU trading partners to respond with unilateral retaliation
What does the OTC Derivatives Regulation introduce?
Clearing house of derivatives to increase transparency and reduce financial risk
How is the EU weak in terms of power
Military
Capital Requirements Directive 4 triggr
Banker’s bonus
Com(2013)71 Financial Transaction Tax Proposal novel jurisdictional trigger
Issuance principle
Rosen
Data Protection Directive is the ‘biggest threat to freedom of speech on the Internet in the coming decade’
Country-level territorial extension
Account for conduct/circumstances in 3rd
How many consumers in EU?
500,000,000
When is Firm-level territorial extension common?
Financial services
Example of geo-filtering being sufficient
UEJF v Yahoo!
Directive 2008/106 requirements
Minimum level of training for seafarers to match EU standard
Two external constraints on BE
Market, international institutions and other states
California Waste Recycling Act 2003 general
Same bans as under RoHSD AND include any amendments
Financial Transaction Tax Proposal
Com(2013)71
Who identifies the conditions for de facto BE?
Bradford
Example of legal non-divisibility
Honeywell-GE merger
Two examples of technical non-divisibility
GMOs and Data Protection Directive
Who called Data Protection Directive the ‘biggest threat to freedom of speech on the Internet in the coming decade’?
Rosen
Three possible ways of implementing Google Spain v Agencia Espanola
Domain-based, global implementation or geo-filtering
Capital Requirements Directive 4 requirements
Non-EU subsidiaries to EU parent need to comply
What country challenged Capital Requirements Directive 4?
UK
What is transaction level territorial extension?
Concerns a particular batch
Nazi
UEJF v Yahoo!
Three ways EU incentivises compliance by 3rd?
Dilutes intensity of regulatory demands, flexibility in conditions and one-stop-shop access to EU market
Data Protection Directive
Directive 95/46
What country fear ‘false positive’ regulations?
US
What can the brussels effect be contrasted with
California effect
Directive 2008/101/EC TRIGGER
Taking off or landing in EU
UEJF v Yahoo! judgment
Take all necessary measures to prevent French access
OTC Derivatives
Regulation 468/2012
What shows US finally following EU lead in privacy protection?
Consumer Data Privacy in a Networked World, Report from White House to Congress
Who explored the distinction between territorial extension and extraterritoriality?
Scott
Name at least two advantages of MDH
Low cost, easily implemented, no need for states to agree on global standards and efficient
What is the issuance principle?
As long as transaction involves EU-issed financial instrument, Directive applies
Name at least two advantages of policy-driven harmonisation
No need for BE conditions, if BE doesn’t create level playing field, internal objective compromised by leniency elsewhere and to ‘lock-in’ EU standards
Who highlighted how regulatory influence works both ways - EU to 3rd and 3rd to EU?
Scott
What is an example of a divisible market?
Labour markets
Why does the EU criticise US territorial extension?
Seems to pursue US-only interests
What do strict regulatory standards show?
Aversion to risk and commitment to social market
SB 509 content
EU data main source feeding into it
When was the injunction imposed in UEJF v Yahoo!?
Once court satisfied technically feasible for Yahoo! to determine origin of page request
Importing Animal Products
Regulation 1099/2009
What percentage of GDP is EU budget?
1%
What is an example of EU giving US producers a forum to challenge competitors?
United Technologies in GE-Honeywell merger
Example of transaction-level territorial extension
EU Aviation Directive - worldwide volume of emissions from single flight
Example of oversight mechanism under Privacy Shield Agreement
US Ombudsman
Three ways REACH extends beyond EU borders
Extend internal processes to 3rd, allow 3rd to use data generated and motivate similar regulations through learning, emulation and competition
Regulation 1099/2009
Importing Animal Products
Directive 2008/106 trigger
Seafarer on EU shop
Four types of non-divisibility
Technical, legal, informational and economic
What Directive enforces international standard?
Seafarer Directive
Example of globe-level TE
EU Aviation Directive on possible future international agreement
Three general examples of territorial extension
Animal pain and suffering, capital punishment drugs and Aviation Directive
Case on Directive 2008/101/EC
Air Transport v SoS for Energy & Climate Change
Restriction of Hazardous Substances Directive was copied in what Act?
California Waste Recycling Act 2003
Who argued EU’s internal motivation for BE is to ensure a level playing field?
Bradford
REACH obligations and content
Burden of proof on manufacturer, not regulator, and low regulatory threshold (precautionary principles)
Commission Decision 2000/520/EC
Safe harbour privacy principles adequate
Who argued EU’s external motivation for BE is imperialism in environmental and food safety matters?
Kogan
Author of brussels effect
Anu Bradford
Who argued global implementation only justified if reasonable?
Alsenoy and Koekkoek
What two concerns of safe harbour principle did CJEU express in Schrems?
Self-certification without monitoring procedure and open-ended exceptions without monitoring mechanisms
Give at least two examples of country-level territorial extension
EU Aviation Directive, Seafarer Directive and DPD
Why are WTO remedies imperfect?
No enforcement (other than sanctions), restricted mandate to ban discrimination and WTO sometimes facilitates BE
What state fear false negative regulations?
EU
Article 29 WP suggestion to implement Google Spain decision
Global implementation
Two internal constraints on BE
Missing conditions for URG or internal conflicts between corporations/growing heterogeneity of the population
Who came up with the california effect
Vogel
What i global implementation
Removal from all versions
How are internal EU processes extended to 3rd according to Biedenkopf?
Need to register and authorise when on EU market, and including in policy-making bodies
Where is EU regulatory capacity most restricted?
Common Foreign and Security Policy
Three things added to Privacy Shield Agreement recently
Greater limitations on exceptions, new oversight mechanisms and joint EU-US governmental process to monitor self-certification
What Directive did California copy in California Waste Recycling Act 2003?
Restriction of Hazardous Substances Directive
What international institution could limit BE?
WTO
Territorial extension
Need relevant territorial connection, but regulator needs to take account of conduct/circumstances abroad when applying the measure
Google Spain v Agencia Espanola judgment
Remove inadequate, irrelevant or excessive info if individual applies - ensure ‘effective and complete protection’ of individuals
Where is EU regulatory capacity most extensive?
Trade/competition policy
Regulation 1099/2009 requirements
Spare animals avoidable pain, suffering and distress during preparation
How would WTO limit BE?
Prevent restrictions on imports with less stringent regulations unless justified
Directive 2008/101/EC considerations
Emissions abroad, third country measures and future conclusion of international agreement
three conditions for DF BE
Market power, regulatory capacity, regulatory propensity for strict standards and non-divisibility
Why are regs cheap?
Compliance borne by firms and implementing/enforcing done by Member Gs
What is de facto BE
Companies choose to comply voluntarily outside EU
Example of EU willing, for once, to endorse US extraterritoriality?
US Iran Sanctions
Case on Directive 95/46 DPD firm-level
Google Spain v Agencia Espanola
What link was found in Google Spain?
Between search engine service and activity of selling space
Who argued EU’s internal motivation for BE is to protect high-cost producers from cheaper labour?
Czech President Vaclav Klaus
Who highlighted how the EC has very limited power OTHER THAN that delegated to take all measures necessary to create and maintain single market?
Bradford
Aviation Directive
Directive 2008/101/EC
How is the EU strong in terms of power
Global regulatory power
Who compared the advantages of policy and market-driven harmonisation?
Bradford
How is REACH criticised internationally
Significant costs/impedes innovation and development
In what way can EU be seen to have greater regulatory capacity than the US?
Can prohibit mergers/impose remedies w/o court judgment
DPD country-level TE
3rd needs adequate protection of DP
SB 509 general
Toxic Clearinghouse
Mosley v UK general
Formula 1
Air Transport v SoS for Energy & Climate Change judgment
no infringement of Aviation Directive on territoriality/sovereignty of 3rds
Globe-level TE
Account for conduct/circumstances across entire globe
SPECIFIC example of 3rd using REACH data
SB 509
Example of WTO preventing EU restriction on import
Growth Hormone Beef
Directive 95/46 DPD trigger for firm-level
Presence of subsidiary in EU - can control foreign parent
What did Bradford argue about EU’s internal BE motivation?
Level playing field and reflects bureaucratic EC interests
What was weight given to in Schrems?
EU Charter
Three instruments on Firm-level territorial extension
Reg 391/2009 Recognised Organisation, Capital Requirements Directive 4 and Data Protection Directive
What in DPD is a novel jurisdictional trigger
Non-EU data controllers, when using EU computer equipment for processing personal data, are within EU
What shows EU fears false negative regs?
Precautionary principle
Restriction of Hazardous Substances Directive general
Prohibition of substances in electrical equipment
Regulation 1236/2009
Goods for cruel treatment
What is de jure BE
EU legislation internally and 3rd mimic
Firm-level territorial extension
Account of conduct/circumstances outside EU pertaining to a specific firm
Who gave three ways REACH extends beyond EU borders?
Biedenkopf
Why did Alsenoy and Koekkoek say global implementation only justified if reasonable?
Interferes with national sovereignty
Schrems v Data Protection Commissioners general
Inadequate standards of safe harbour privacy principles
What is an example of a corporation who ensured compliance globally with REACH?
DOW Chemicals
Article 29 working party on domain-based
Woefully inadequate because of circumvention possibility
Why is EU regulatory capacity most extensive in trade/competition policy
Central to single market
Example of country-level territorial extension in EU Aviation Directive
Similar measures in 3rd?
Novel jurisdictional trigger in OTC Derivatives Regulation
If contract has direct, substantial and foreseeable effect within EU OR obligation necessary to prevent evasion of Regulation
What is a vital method of enforcement of EU instruments - regulatory capacity to enforce?
Sanctions
What case showed EU already affects US companies in regard to data protection?
UEJF v Yahoo!
Example of domain-based being sufficient
Mosley v UK
Directive 2008/106
Seafarer directive
Kogan
EU’s external motivation for BE is imperialism in environmental and food safety matters
Reg 391/2009 Recognised Organisation trigger
Certifying EU ships as an RO
Three examples of novel jurisdictional triggers
Data Protection Directive, OTC Derivatives Regulation and COM(2013)71 Financial Transaction Tax Proposal
Czech President Vaclav Klaus
EU’s internal motivation for BE is to protect high-cost producers from cheaper labour elsewhere
Example of technical non-divisibility
EU Data Protection Directive, Google
How has Data Protection Directive been expanded?
Includes right to be forgotten and fines up to 2% annual global revenue
Why might EU have been willing to endorse US Iran Sanctions?
Preceded by UNSC Resolution
Why was Honeywell-GE merger prohibition by EU controversial?
Already cleared US antitrust authorities
What do the strict standards need to be directed at for DF BE?
Inelastic targets
Google Spain v Agencia Espanola general
Right to be forgotten
UEJF v Yahoo! general
Nazi
GENERAL example of 3rd using data generated by REACH
NGOs to raise public awareness
Issuance principle
Com(2013)71 Financial Transaction Tax Proposal
Biedenkopf
Three ways REACH extends beyond EU borders
Consumer Data Privacy in a Networked World
Congress urged to adopt consumer privacy BoR
How is the Reg 391/2009 Recognised Organisation enforced?
By EU Maritime Safety Agency
Directive 2008/101/EC
Aviation Directive
Safe harbour privacy principles adequate
Commission Decision 2000/520/EC
Extraterritoriality
Obligations without territorial connection with regulation state
Why was there no infringement of Aviation Directive on territoriality/sovereignty of 3rd?
Only attached jurisdiction when IN EU
Reg 391/2009 Recognised Organisation requirements
Firm needs to comply worldwide, even when certifying non-EU flagged ships
Goods for cruel treatment
Regulation 1236/2009
What is EU currently negotiating with US in regard to DP?
Privacy Shield Agreement
How can visible internal conflict be a source of strength for EU?
Helps secure concessions in politically-driven harmonisation
What case shows international orientation is inherent in EU territorial extension?
Seafarer Directive
Who argued EU’s external motivation for BE is altruism?
Bradford
