Ayris, P., (2017). Brexit – and its potential impact for open access in the UK

Insights. 30(1), pp. 4–10. 

DOI: http://doi.org/10.1629/uksg.336

Abstract

This article looks at the possible implications of Brexit for approaches to open access (OA) in the UK. It begins by sketching current issues in Brexit debates at the end of 2016 as the context into which discussions about open access are then placed. Issues in four thematic areas are analysed: OA policies and mandates, EU copyright reform, new OA publishing models and open science. The level of dependence in the UK on European developments is assessed in each case and its contribution to Brexit issues identified. The paper concludes that Brexit presents not only challenges, but also opportunities which the UK could seize. In open access, the UK is already playing a leadership role. In areas of open science, particularly in relation to the European Open Science Cloud, it is the European Commission which is asserting leadership. The UK needs to consolidate its current activity and ensure that, whatever the nature of Brexit arrangements, its freedom does not lead to isolation.

LINK: http://insights.uksg.org/articles/10.1629/uksg.336/print/

  

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● Malin Wållgren, “Exploring the Outer Limits of Article 114 TFEU – towards a general power?”

Uppsala Universitet (2016) 64 págs.

An analysis of non-market objectives and ”measures having as their object the establishment and functioning of the internal market“

https://uu.diva-portal.org/smash/get/diva2:1052556/FULLTEXT01.pdf    

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● Ellen Vos and Maria Weimer, “Differentiated Integration or Uniform Regime? National Derogations from EU Internal Market Measures”

Maastricht Working Papers (2016) 43 págs.

Abstract

The EU has most frequently resorted to harmonisation as a model to achieve its internal market. This contribution examines the dynamics of legal differentiation in EU’s internal market law laid down in Article 114 TFEU and secondary laws. It concludes that there has been a modest number of invocations of the derogation possibilities under Article 114 (4) and (5) TFEU and the safeguard clauses. The low number may be due to the fact that may both the Commission and the Courts have a very rigid reading of the procedure whilst the grounds for invocation are very limited. This low number nevertheless does not automatically imply that Member States agree with the level of protection laid down in the EU’s harmonisation measures or that the opt out mechanisms are not relevant. Derogation mechanisms may play an important role in the negotiations of the level of protection in the draft legislative acts. This study moreover reveals that the derogation mechanisms may be important devices of regulatory adjustment and learning in the fields of public health and environmental protection in the EU. They ultimately may rather strengthen the uniformity of regulatory requirements in the EU internal market instead of leading to regulatory diversity.

https://pure.uva.nl/ws/files/9292553/SSRN_id2845819.pdf 

  

EU Parliamentary Question: Impact of CETA on the EU's agri-food sector:

• 15 December 2016 - Czesław Adam Siekierski – [P-009492-16] - Subject: Impact of CETA on the EU's agri-food sector:

The Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU raises serious concerns among the European public, in particular among consumers and farmers. One complaint often made against CETA is that its entry into force would lead to the gradual disappearance of small-scale family farming from our continent. It has been pointed out that trade liberalisation in the area of agricultural production would lead to the collapse of small EU farms, which will be unable to compete with huge Canadian farms. Another complaint that is raised is that CETA will open the European market up to genetically modified food from Canada, which is one of the largest global producers of GM foods, and will lead to a drop in quality standards.

Given these concerns, which are often brought to my attention by a variety of stakeholders in my capacity as Member of the European Parliament, I should like to put the following questions to the Commission:

On the basis of the information available to the Commission, will the entry into force of CETA:

1. Have a negative impact on small-scale farms in the EU? If so, to what degree?

2. Lead to the opening of the European market to genetically modified food from Canada?

3. Lower food quality standards on the European market?

Answer given by Mr Hogan on behalf of the Commission (2 February 2017):

«1. The EU impact assessments on trade agreements, including on the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA), consider the EU agricultural sector as a whole and the methodology used cannot specify the impact on small-scale farming. That being said, the EU does not grant full access to the EU market for sensitive products such as beef and pork, while CETA will provide significant market access opportunities to a number of sectors such as dairy and pig meat which could equally benefit small and large farms from the EU. CETA will also improve the protection of a range of EU geographical indications (GIs) on Canada's territory which will enhance export opportunities to a number of GIs producers who include small-scale farmers.

2. With respect to Genetically Modified Organisms (GMOs), CETA will have no impact on the existing EU legislation. As a result, GMOs and derived GM food and feed products now subject to an approval decision of the Commission, based on a thorough scientific risk assessment prior to their marketing in the EU, will continue to be subject to such an approval. In addition, these products will continue to be subject to EU specific GM traceability and labelling requirements.

3. CETA will have no impact on EU food quality standards as the agreement will not affect public or private quality standards.».