Is the EU’s Governance ‘Good’?: An assessment of EU governance in its partnership with ACP States. IES WORKING PAPER 1/2010

This paper examines both the processes and outcomes of governance in the context of the EU’s relationship with ACP States within the period of the Cotonou Agreement (CA). It discusses and assesses a variety of governance mechanisms, including the European Commission’s use of the governance concept, EPAs, manifestations of partner preferences, the EDF, the revision of the CA, and Fisheries Partnership Agreements. Specific examples of the wielding of each mechanism are assessed based upon two criteria: a) the extent to which the wielding of the mechanism by the EU is a manifestation of “good governance”, and b) the extent to which the EU’s wielding of the mechanism has resulted, or is likely to result, in the sustainable development of and reduction of poverty in ACP countries. The examples are chosen to illustrate contradictions between rhetoric and practice and the consequential negative (actual and potential) impact upon development in ACP States. The final section offers suggestions for improving the EU’s governance processes and their outcomes for development.

An Assessment of the Penalties System for Infringements of EU Competition Law: Can Personal Sanctions be the Missing Piece of the Puzzle? IES WORKING PAPER 6/2013

Competition law seeks to protect competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources. In order to be successful, therefore, competition authorities should be adequately equipped and have at their disposal all necessary enforcement tools. However, at the EU level the current enforcement system of competition rules allows only for the imposition of administrative fines by the European Commission to liable undertakings. The main objectives, in turn, of an enforcement policy based on financial penalties are two fold: to impose sanctions on infringing undertakings which reflect the seriousness of the violation, and to ensure that the risk of penalties will deter both the infringing undertakings (often referred to as 'specific deterrence') and other undertakings that may be considering anti-competitive activities from engaging in them (often referred to as 'general deterrence'). In all circumstances, it is important to ensure that pecuniary sanctions imposed on infringing undertakings are proportionate and not excessive. Although pecuniary sanctions against infringing undertakings are a crucial part of the arsenal needed to deter competition law violations, they may not be sufficient. One alternative option in that regard is the strategic use of sanctions against the individuals involved in, or responsible for, the infringements. Sanctions against individuals are documented to focus the minds of directors and employees to comply with competition rules as they themselves, in addition to the undertakings in which they are employed, are at risk of infringements. Individual criminal penalties, including custodial sanctions, have been in fact adopted by almost half of the EU Member States. This is a powerful tool but is also limited in scope and hard to implement in practice mostly due to the high standards of proof required and the political consensus that needs first to be built. Administrative sanctions for individuals, on the other hand, promise to deliver up to a certain extent the same beneficial results as criminal sanctions whilst at the same time their adoption is not likely to meet strong opposition and their implementation in practice can be both efficient and effective. Directors’ disqualification, in particular, provides a strong individual incentive for each member, or prospective member, of the Board as well as other senior executives, to take compliance with competition law seriously. It is a flexible and promising tool that if added to the arsenal of the European Commission could bring balance to the current sanctioning system and that, in turn, would in all likelihood make the enforcement of EU competition rules more effective. Therefore, it is submitted that a competition law regime in order to be effective should be able to deliver policy objectives through a variety of tools, not simply by imposing significant pecuniary sanctions to infringing undertakings. It is also clear that individual sanctions, mostly of an administrative nature, are likely to play an increasingly important role as they focus the minds of those in business who might otherwise be inclined to regard infringing the law as a matter of corporate risk rather than of personal risk. At the EU level, in particular, the adoption of directors’ disqualification promises to deliver more effective compliance and greater overall economic impact.

TTIP’s Hard Core: Technical barriers to trade and standards. Paper No. 13 in the CEPS-CTR project ‘TTIP in the Balance’ and CEPS Special Report No. 117/August 2015

Michelle Egan and Jacques Pelkmans provide an overview of the TBT chapter in TTIP and the various issues between the US and the EU in this area, which in turn requires extensive expositions of domestic regulation in the US and the EU. TBTs, outside heavily regulated sectors such as chemicals, automobiles or medicines (which have separate chapters in TTIP), can be caused by divergent (voluntary) standards, technical regulations and conformity assessment. Indeed, in all three the US and the EU have long experienced frictions with considerable trading costs. The 1998 Mutual Recognition Agreement about conformity assessment only succeeded in two out of six sectors. The US and European standardisation traditions differ and this paper explains why it is so hard, also economically, to realise convergence. However, the authors reject the unproductive ‘stand-off’ between US and EU negotiators on standardisation and suggest to clarify the enormous economic ‘installed base’ of prominent US standards in the world economy and build a solution from there. As to technical regulation, the prospect of converging regulation (via harmonisation) is often dim, but equivalence (given similar levels of regulatory protection) can be an option.

Can the new refugee relocation system work? Perils in the Dublin logic and flawed reception conditions in the EU. CEPS Policy Brief No. 332, October 2015 Thursday, 1 October 2015

This Policy Brief argues that the newly adopted EU temporary relocation (quota) system constitutes a welcome yet timid step forward in addressing a number of central controversies of the current refugee debate in Europe. Two main challenges affect the effective operability of the new EU relocation model. First, EU member states’ asylum systems show profound (on-the-ground) weaknesses in reception conditions and judicial/administrative capacities. These prevent a fair and humane processing of asylum applications. EU states are not implementing the common standards enshrined in the EU reception conditions Directive 2013/33. Second, the new relocation system constitutes a move away from the much-criticised Dublin system, but it is still anchored to its premises. The Dublin system is driven by an unfair and unsustainable rule according to which the first EU state of entry is responsible for assessing asylum applications. It does not properly consider the personal, private and family circumstances or the preferences of asylum-seekers. Policy Recommendations In order to respond to these challenges, the Policy Brief offers the following policy recommendations: The EU should strengthen and better enforce member states’ reception capacities, abolish the current Dublin system rule of allocation of responsibility and expand the new relocation distribution criteria to include in the assessment (as far as possible) asylum-seekers’ preferences and personal/family links to EU member states. EU member countries should give priority to boosting their current and forward-looking administrative and judicial capacities to deal and welcome asylum applications. The EU should establish a permanent common European border and asylum service focused on ensuring the highest standards through stable operational support, institutional solidarity across all EU external borders and the practical implementation of new distribution relocation criteria.

Frequência de resistência a múltiplos fármacos em pseudomonas aeroginosa

A multirresistência bacteriana tem crescido significativamente nos últimos anos. Entre os gram negativos a P. aeruginosa demonstra facilidade de desenvolvimento de resistência aos antibióticos. O objetivo deste estudo foi determinar a frequência de resistência a múltiplos fármacos em isolados de Pseudomonas aeruginosa e detectar cepas multirresistentes em um hospital público de Maceió/AL. De forma retrospectiva, descritiva e transversal, entre janeiro de 2012 a dezembro de 2013, iniciou-se uma ampla análise documental dos registros de atendimento no setor de Microbiologia do Hospital Universitário Professor Alberto Antunes (HUPAA/UFAL) para avaliar o material obtido de pacientes que apresentaram cultura positiva para P. aeruginosa. Vários espécimes clínicos foram obtidos e as cepas identificadas fenotipicamente pelo método automatizado Vitek®, bem como as análises do perfil de susceptibilidade aos antimicrobianos, seguindo os critérios adotados pelo National Committee for Clinical and Laboratory Standards (NCCLS). Foram obtidas 78 culturas com isolados positivos para P. aeruginosa, sendo a maioria procedente de pacientes da UTI geral (47,4%), seguida da Clínica cirúrgica (16,7%). Entre as amostras clínicas analisadas, a secreção traqueal foi a de maior incidência com 25,6%, seguida de secreção de ferida (20,5%) e escarro (18%). O composto mais ativo contra a P. aeruginosa foi a Colistina (100,0%). Detectou-se elevada multirresistência de P. aeruginosa aos betalactâmicos, cefalosporinas e carbapenêmicos. Baseando-se nos dados apresentados, torna-se evidente a necessidade de um monitoramento rotineiro do perfil de sensibilidade desta bactéria em ambiente hospitalar, sendo de extrema utilidade para a escolha adequada na terapêutica empírica, proporcionando conhecimento prévio dos antimicrobianos que apresentam boa eficácia diante deste patógeno, favorecendo o uso racional de antimicrobianos. PALAVRAS-CHAVE: Multirresistência; Pseudomonas aeruginosa;Sensibilidade; Antimicrobianos.

Development of risk assessment methodology for surface disposal of municipal sludge.

"EPA/600/6-90/001."

Preliminary risk assessment for parasites in municipal sewage sludge applied to land.

Mode of access: Internet.

Evaluation of the microbiology standards for drinking water /

Mode of access: Internet.

Provisional guidance for quantitative risk assessment of polycyclic aromatic hydrocarbons.

Mode of access: Internet.

Quantitative techniques for the assessment of lake quality /

Mode of access: Internet.

Occupational exposure to hot environments : revised criteria 1986.

Mode of access: Internet.

Health assessment document for 1, 1, 1-Trichloroethane (methyl chloroform) : final report.

Mode of access: Internet.

Ambient water quality criteria for acrylonitrile /

Mode of access: Internet.

Ambient water quality criteria for antimony /

Mode of access: Internet.

Ambient water quality criteria for acenaphthene /

Mode of access: Internet.