DRŽAVNA POMOĆ ZA ISTRAŽIVANjE I RAZVOJ I INOVACIJE KOJA SE MORA PRIJAVITI

According to Council Regulation (EU) 2015/1588 of 13 th July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid the Commission may declare state aid for research&development and innovation compatible with the internal market and are not subject to the notification requirement of Article 108(3) TFEU. Authorized by mentioned Regulation, Commission adopted Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty and stipulated conditions under which state aid for research&development and innovation is exempted from the notification requirement. It does not mean that state aid which does not fulfill prescribed conditions is forbidden. State aid which does not fulfill envisaged conditions can be considered compatible with the internal market if after notification to the Commission it assessing it separately establishes that it satisfies each of the following criteria: contribution to a well-defined objective of common interest; need for State intervention; appropriateness of the aid measure; incentive effect; proportionality of the aid (aid limited to the minimum); avoidance of undue negative effects on competition and trade between Member States and transparency of aid

Out of Sight, Out of Mind: New Zealand’s Latest Attempt at Prostitution Reform

<p>The Prostitution Reform Act 2003 decriminalised all aspects of commercial sex work. It was believed this would reduce the presence of prostitutes on the streets and the associated harms, in particular neighbourhood nuisance, increased violence and greater presence of underage persons engaging in prostitution. However, street-based prostitution and harm reduction has not occurred. This has prompted attempts to confine the parameters of the decriminalised prostitution regime: The Manukau City Council (Control of Street Prostitution) Bill, which was ultimately unsuccessful and led to The Manukau City Council (Regulation of Prostitution in Specified Places) Bill, and the recent Prostitution Reform (Control of Street-based Prostitutes and Their Clients) Amendment Bill. This paper considers how these attempts have proposed to achieve amelioration of the harms around street-based prostitution. This paper argues legislation will only further frustrate the issues because criminalisation, both in the manner proposed by these attempts, and more generally, is inappropriate for addressing issues of street-based prostitution. This paper recommends targeted social initiatives should be implemented as the best model for addressing the harms of street-based prostitution.</p>

Out of Sight, Out of Mind: New Zealand’s Latest Attempt at Prostitution Reform

<p>The Prostitution Reform Act 2003 decriminalised all aspects of commercial sex work. It was believed this would reduce the presence of prostitutes on the streets and the associated harms, in particular neighbourhood nuisance, increased violence and greater presence of underage persons engaging in prostitution. However, street-based prostitution and harm reduction has not occurred. This has prompted attempts to confine the parameters of the decriminalised prostitution regime: The Manukau City Council (Control of Street Prostitution) Bill, which was ultimately unsuccessful and led to The Manukau City Council (Regulation of Prostitution in Specified Places) Bill, and the recent Prostitution Reform (Control of Street-based Prostitutes and Their Clients) Amendment Bill. This paper considers how these attempts have proposed to achieve amelioration of the harms around street-based prostitution. This paper argues legislation will only further frustrate the issues because criminalisation, both in the manner proposed by these attempts, and more generally, is inappropriate for addressing issues of street-based prostitution. This paper recommends targeted social initiatives should be implemented as the best model for addressing the harms of street-based prostitution.</p>

Evidence Evaluation Relating to the Public Disclosure of the Community Design on the Internet

<p>The issue of public disclosure of the design is regulated in Article 7 of Council Regulation (EC) no. 6/2002 of 12 December 2001 on Community designs. Pursuant to this provision, a design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, except cases where these events could not reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the Community. The design is made available to the public in a situation where these events could be known in the course of normal professional activity in an environment specialized in a given sector, operating within the Community. The list of methods of public disclosure contained in Article 7 of Council Regulation (EC) no. 6/2002 is not a closed catalog. Disclosure of the earlier design on the Internet causes difficulties in assessing whether it meets the conditions required for public access, i.e. whether the design could reasonably have become known in the normal course of business to the circles specialized in the sector concerned. Moreover, the disclosure of the design on the Internet generates problems of evidence related to proving the precise date of its disclosure to the public. The article analyzes the jurisprudence of the European Union Intellectual Property Office (EUIPO) and European jurisprudence in recent years. In particular, attention was paid to the issues of evidence necessary to recognize that the Community design was made available on the Internet. The article concerns a topic that is current both among representatives of the doctrine and in jurisprudence (Polish and European). It has theoretical and practical significance, because the issue of evidence submitted by the parties on the fact that an industrial design is made available to the public is very often a problem at the stage of court proceedings.</p>

Use of antibiotics in organic animal husbandry: certain aspects of legal regulation

This article is devoted to the analysis of domestic and international legal bases of use of antibiotics in organic animal husbandry, and also formulation on its basis of the conclusions and offers directed on improvement of the current agrarian legislation in the specified sphere. It is determined that the reform of Ukrainian legislation on veterinary medicine and feed takes in to account the main international requirements for regulating the use of antibiotics in animal husbandry, in particular Regulation (EU) 2019/6 of the European Parliament and Council of 11.12.2018 «On veterinary medicinal products and repealing of the Directive 2001/82/EU». For the effective implementation of legislative requirements in practice, the need to continue working in the following areas is justified: development of by laws in the field of antimicrobial drugs in animal husbandry; collection, accumulation and analysis of information on the amounts and types of antibiotics used by agricultural producers; development of advanced livestock technologies without the use of antimicrobials, taking in to account the positive experience of other countries; dissemination of knowledge about such technologies among agricultural entities. As a result of the study of the current legislation in the field of organic agricultural production, it was concluded that the legal regulation of the use of antibiotics in organic animal husbandry meets international requirements, namely such basic documents as Commission Regulation (EU) of 05.09.2008 № 889/2008 «Detailed rules on organic production, labeling and control for the implementation of Council Regulation (EU) № 834/2007 on organic production and labeling of organic products» and Council Regulation (EU) № 834/2007 «On organic production and labeling of organic products, and repealing the Regulation (EEC) № 2092/91». To improve the mechanism of control and trace ability of antibiotics in the treatment of farm animals in organic animal husbandry, it is proposed: to accelerate the work on the adoption of the Procedure for the use of antimicrobial drugs in veterinary medicine; to supplement the Procedure (detailed rules) of organic production and circulation of organic products with provisions on the requirements for documentary confirmation of the use of antimicrobial drugs by operators, storage periods of relevant documents. Keywords: antibiotics, antibiotic resistance, safety of organic products, organic livestock products, organic agricultural production, organic animal husbandry, legal regulation, quality of organic products

The Community Plant Variety Office

This chapter is about the Community Plant Variety Office (CPVO), which was created by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights or the Basic Regulation. It explains the purpose of the implementation and application of the Basic Regulation. It also describes CPVO as an agency of the European Union (EU), which is a body governed by European public law that is distinct from the EU institutions. This chapter describes the resources that led the European Parliament, the EU Council, and the European Commission to launch an inter-institutional dialogue on decentralized agencies in 2009. It points out, as stated in the Basic Regulation, that the decisions of the CPVO will be taken by a committee of three members of its staff.

Acrylamide in Bakery Products: A Review on Health Risks, Legal Regulations and Strategies to Reduce Its Formation

Acrylamide is a contaminant as defined in Council Regulation (EEC) No 315/93 and as such, it is considered a chemical hazard in the food chain. The toxicity of acrylamide has been acknowledged since 2002, among its toxicological effects on humans being neurotoxicity, genotoxicity, carcinogenicity, and reproductive toxicity. Acrylamide has been classified as carcinogenic in the 2A group, with human exposure leading to progressive degeneration of the peripheral and central nervous systems characterized by cognitive and motor abnormalities. Bakery products (bread, crispbread, cakes, batter, breakfast cereals, biscuits, pies, etc.) are some of the major sources of dietary acrylamide. The review focuses on the levels of acrylamide in foods products, in particular bakery ones, and the risk that resulting dietary intake of acrylamide has on human health. The evolving legislative situation regarding the acrylamide content from foodstuffs, especially bakery ones, in the European Union is discussed underlining different measures that food producers must take in order to comply with the current regulations regarding the acrylamide levels in their products. Different approaches to reduce the acrylamide level in bakery products such as the use of asparginase, calcium salts, antioxidants, acids and their salts, etc., are described in detail.

The European Union Global Human Rights Sanctions Regime (EUGHRSR)

On December 7, 2020, the Council of the European Union adopted two legal instruments, Council Decision (CFSP) 2020/1999 and Council Regulation (EU) 2020/1998, which together make up the new EU Global Human Rights Sanctions Regime (EUGHRSR). Similar to the U.S. “Global Magnitsky Act,” and in contrast with the EU's existing country-specific sanctions regimes, the EUGHRSR seeks to address human rights abuses worldwide, by providing for the imposition of travel bans as well as financial sanctions on individual human rights offenders—state and non-state alike. The list of designated (natural and legal) persons will be reviewed on a periodic basis.

Trade and Emerging Technologies

Export controls are domestic trade restrictions placed on technologies that have been determined to be important to the national security concerns of a country. In recent years, the policy purpose for maintaining export control regulations have shifted, and how these new export control regulations would interact with new emerging technologies is something that should be analyzed and considered. The passage of the United States (US) Export Control Reform Act (ecra) of 2018 and the proposed regulatory changes for the European Union’s (EU) Council Regulation (ec) No. 428/2009 have shifted the focus of dual-use export controls so that the national security goals of these controls have broadened to include economic security and human rights concerns. This paper argues that the infusion of geoeconomics into US national security considerations and the proposed expansion to include human rights considerations into EU export control regulations are made mutually exclusive of each other and were not made to expand the reach of export controls in a unifying way. Rather, the purpose and structural change to export control regulations serves to create more regulatory barriers on the trade of emerging technology industries that would not only impact the US and the EU, but also their international trading partners.

Legal Foundations for Exporting Dual-Use Goods from the European Union

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.