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Flashcards in EU Law - Global Reach Deck (149):
1

Regulation 1236/2009 requirements

No exporting of death penalty drugs

2

How does WTO sometimes facilitate BE?

Limited ability of EU trading partners to respond with unilateral retaliation

3

What does the OTC Derivatives Regulation introduce?

Clearing house of derivatives to increase transparency and reduce financial risk

4

How is the EU weak in terms of power

Military

5

Capital Requirements Directive 4 triggr

Banker's bonus

6

Com(2013)71 Financial Transaction Tax Proposal novel jurisdictional trigger

Issuance principle

7

Rosen

Data Protection Directive is the 'biggest threat to freedom of speech on the Internet in the coming decade'

8

Country-level territorial extension

Account for conduct/circumstances in 3rd

9

How many consumers in EU?

500,000,000

10

When is Firm-level territorial extension common?

Financial services

11

Example of geo-filtering being sufficient

UEJF v Yahoo!

12

Directive 2008/106 requirements

Minimum level of training for seafarers to match EU standard

13

Two external constraints on BE

Market, international institutions and other states

14

California Waste Recycling Act 2003 general

Same bans as under RoHSD AND include any amendments

15

Financial Transaction Tax Proposal

Com(2013)71

16

Who identifies the conditions for de facto BE?

Bradford

17

Example of legal non-divisibility

Honeywell-GE merger

18

Two examples of technical non-divisibility

GMOs and Data Protection Directive

19

Who called Data Protection Directive the 'biggest threat to freedom of speech on the Internet in the coming decade'?

Rosen

20

Three possible ways of implementing Google Spain v Agencia Espanola

Domain-based, global implementation or geo-filtering

21

Capital Requirements Directive 4 requirements

Non-EU subsidiaries to EU parent need to comply

22

What country challenged Capital Requirements Directive 4?

UK

23

What is transaction level territorial extension?

Concerns a particular batch

24

Nazi

UEJF v Yahoo!

25

Three ways EU incentivises compliance by 3rd?

Dilutes intensity of regulatory demands, flexibility in conditions and one-stop-shop access to EU market

26

Data Protection Directive

Directive 95/46

27

What country fear 'false positive' regulations?

US

28

What can the brussels effect be contrasted with

California effect

29

Directive 2008/101/EC TRIGGER

Taking off or landing in EU

30

UEJF v Yahoo! judgment

Take all necessary measures to prevent French access

31

OTC Derivatives

Regulation 468/2012

32

What shows US finally following EU lead in privacy protection?

Consumer Data Privacy in a Networked World, Report from White House to Congress

33

Who explored the distinction between territorial extension and extraterritoriality?

Scott

34

Name at least two advantages of MDH

Low cost, easily implemented, no need for states to agree on global standards and efficient

35

What is the issuance principle?

As long as transaction involves EU-issed financial instrument, Directive applies

36

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

37

Who highlighted how regulatory influence works both ways - EU to 3rd and 3rd to EU?

Scott

38

What is an example of a divisible market?

Labour markets

39

Why does the EU criticise US territorial extension?

Seems to pursue US-only interests

40

What do strict regulatory standards show?

Aversion to risk and commitment to social market

41

SB 509 content

EU data main source feeding into it

42

When was the injunction imposed in UEJF v Yahoo!?

Once court satisfied technically feasible for Yahoo! to determine origin of page request

43

Importing Animal Products

Regulation 1099/2009

44

What percentage of GDP is EU budget?

1%

45

What is an example of EU giving US producers a forum to challenge competitors?

United Technologies in GE-Honeywell merger

46

Example of transaction-level territorial extension

EU Aviation Directive - worldwide volume of emissions from single flight

47

Example of oversight mechanism under Privacy Shield Agreement

US Ombudsman

48

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

49

Regulation 1099/2009

Importing Animal Products

50

Directive 2008/106 trigger

Seafarer on EU shop

51

Four types of non-divisibility

Technical, legal, informational and economic

52

What Directive enforces international standard?

Seafarer Directive

53

Example of globe-level TE

EU Aviation Directive on possible future international agreement

54

Three general examples of territorial extension

Animal pain and suffering, capital punishment drugs and Aviation Directive

55

Case on Directive 2008/101/EC

Air Transport v SoS for Energy & Climate Change

56

Restriction of Hazardous Substances Directive was copied in what Act?

California Waste Recycling Act 2003

57

Who argued EU's internal motivation for BE is to ensure a level playing field?

Bradford

58

REACH obligations and content

Burden of proof on manufacturer, not regulator, and low regulatory threshold (precautionary principles)

59

Commission Decision 2000/520/EC

Safe harbour privacy principles adequate

60

Who argued EU's external motivation for BE is imperialism in environmental and food safety matters?

Kogan

61

Author of brussels effect

Anu Bradford

62

Who argued global implementation only justified if reasonable?

Alsenoy and Koekkoek

63

What two concerns of safe harbour principle did CJEU express in Schrems?

Self-certification without monitoring procedure and open-ended exceptions without monitoring mechanisms

64

Give at least two examples of country-level territorial extension

EU Aviation Directive, Seafarer Directive and DPD

65

Why are WTO remedies imperfect?

No enforcement (other than sanctions), restricted mandate to ban discrimination and WTO sometimes facilitates BE

66

What state fear false negative regulations?

EU

67

Article 29 WP suggestion to implement Google Spain decision

Global implementation

68

Two internal constraints on BE

Missing conditions for URG or internal conflicts between corporations/growing heterogeneity of the population

69

Who came up with the california effect

Vogel

70

What i global implementation

Removal from all versions

71

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

72

Where is EU regulatory capacity most restricted?

Common Foreign and Security Policy

73

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

74

What Directive did California copy in California Waste Recycling Act 2003?

Restriction of Hazardous Substances Directive

75

What international institution could limit BE?

WTO

76

Territorial extension

Need relevant territorial connection, but regulator needs to take account of conduct/circumstances abroad when applying the measure

77

Google Spain v Agencia Espanola judgment

Remove inadequate, irrelevant or excessive info if individual applies - ensure 'effective and complete protection' of individuals

78

Where is EU regulatory capacity most extensive?

Trade/competition policy

79

Regulation 1099/2009 requirements

Spare animals avoidable pain, suffering and distress during preparation

80

How would WTO limit BE?

Prevent restrictions on imports with less stringent regulations unless justified

81

Directive 2008/101/EC considerations

Emissions abroad, third country measures and future conclusion of international agreement

82

three conditions for DF BE

Market power, regulatory capacity, regulatory propensity for strict standards and non-divisibility

83

Why are regs cheap?

Compliance borne by firms and implementing/enforcing done by Member Gs

84

What is de facto BE

Companies choose to comply voluntarily outside EU

85

Example of EU willing, for once, to endorse US extraterritoriality?

US Iran Sanctions

86

Case on Directive 95/46 DPD firm-level

Google Spain v Agencia Espanola

87

What link was found in Google Spain?

Between search engine service and activity of selling space

88

Who argued EU's internal motivation for BE is to protect high-cost producers from cheaper labour?

Czech President Vaclav Klaus

89

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

90

Aviation Directive

Directive 2008/101/EC

91

How is the EU strong in terms of power

Global regulatory power

92

Who compared the advantages of policy and market-driven harmonisation?

Bradford

93

How is REACH criticised internationally

Significant costs/impedes innovation and development

94

In what way can EU be seen to have greater regulatory capacity than the US?

Can prohibit mergers/impose remedies w/o court judgment

95

DPD country-level TE

3rd needs adequate protection of DP

96

SB 509 general

Toxic Clearinghouse

97

Mosley v UK general

Formula 1

98

Air Transport v SoS for Energy & Climate Change judgment

no infringement of Aviation Directive on territoriality/sovereignty of 3rds

99

Globe-level TE

Account for conduct/circumstances across entire globe

100

SPECIFIC example of 3rd using REACH data

SB 509

101

Example of WTO preventing EU restriction on import

Growth Hormone Beef

102

Directive 95/46 DPD trigger for firm-level

Presence of subsidiary in EU - can control foreign parent

103

What did Bradford argue about EU's internal BE motivation?

Level playing field and reflects bureaucratic EC interests

104

What was weight given to in Schrems?

EU Charter

105

Three instruments on Firm-level territorial extension

Reg 391/2009 Recognised Organisation, Capital Requirements Directive 4 and Data Protection Directive

106

What in DPD is a novel jurisdictional trigger

Non-EU data controllers, when using EU computer equipment for processing personal data, are within EU

107

What shows EU fears false negative regs?

Precautionary principle

108

Restriction of Hazardous Substances Directive general

Prohibition of substances in electrical equipment

109

Regulation 1236/2009

Goods for cruel treatment

110

What is de jure BE

EU legislation internally and 3rd mimic

111

Firm-level territorial extension

Account of conduct/circumstances outside EU pertaining to a specific firm

112

Who gave three ways REACH extends beyond EU borders?

Biedenkopf

113

Why did Alsenoy and Koekkoek say global implementation only justified if reasonable?

Interferes with national sovereignty

114

Schrems v Data Protection Commissioners general

Inadequate standards of safe harbour privacy principles

115

What is an example of a corporation who ensured compliance globally with REACH?

DOW Chemicals

116

Article 29 working party on domain-based

Woefully inadequate because of circumvention possibility

117

Why is EU regulatory capacity most extensive in trade/competition policy

Central to single market

118

Example of country-level territorial extension in EU Aviation Directive

Similar measures in 3rd?

119

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

120

What is a vital method of enforcement of EU instruments - regulatory capacity to enforce?

Sanctions

121

What case showed EU already affects US companies in regard to data protection?

UEJF v Yahoo!

122

Example of domain-based being sufficient

Mosley v UK

123

Directive 2008/106

Seafarer directive

124

Kogan

EU's external motivation for BE is imperialism in environmental and food safety matters

125

Reg 391/2009 Recognised Organisation trigger

Certifying EU ships as an RO

126

Three examples of novel jurisdictional triggers

Data Protection Directive, OTC Derivatives Regulation and COM(2013)71 Financial Transaction Tax Proposal

127

Czech President Vaclav Klaus

EU's internal motivation for BE is to protect high-cost producers from cheaper labour elsewhere

128

Example of technical non-divisibility

EU Data Protection Directive, Google

129

How has Data Protection Directive been expanded?

Includes right to be forgotten and fines up to 2% annual global revenue

130

Why might EU have been willing to endorse US Iran Sanctions?

Preceded by UNSC Resolution

131

Why was Honeywell-GE merger prohibition by EU controversial?

Already cleared US antitrust authorities

132

What do the strict standards need to be directed at for DF BE?

Inelastic targets

133

Google Spain v Agencia Espanola general

Right to be forgotten

134

UEJF v Yahoo! general

Nazi

135

GENERAL example of 3rd using data generated by REACH

NGOs to raise public awareness

136

Issuance principle

Com(2013)71 Financial Transaction Tax Proposal

137

Biedenkopf

Three ways REACH extends beyond EU borders

138

Consumer Data Privacy in a Networked World

Congress urged to adopt consumer privacy BoR

139

How is the Reg 391/2009 Recognised Organisation enforced?

By EU Maritime Safety Agency

140

Directive 2008/101/EC

Aviation Directive

141

Safe harbour privacy principles adequate

Commission Decision 2000/520/EC

142

Extraterritoriality

Obligations without territorial connection with regulation state

143

Why was there no infringement of Aviation Directive on territoriality/sovereignty of 3rd?

Only attached jurisdiction when IN EU

144

Reg 391/2009 Recognised Organisation requirements

Firm needs to comply worldwide, even when certifying non-EU flagged ships

145

Goods for cruel treatment

Regulation 1236/2009

146

What is EU currently negotiating with US in regard to DP?

Privacy Shield Agreement

147

How can visible internal conflict be a source of strength for EU?

Helps secure concessions in politically-driven harmonisation

148

What case shows international orientation is inherent in EU territorial extension?

Seafarer Directive

149

Who argued EU's external motivation for BE is altruism?

Bradford

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