No competence areas Sample Clauses

No competence areas. 89) The overview of the EU’s shale-related legislative competence reveals that there are crucial shale-related areas which have been completely left to the regulatory discretion of the Member States. For example, the EU does not have competence to regulate taxation of extractive industries such as through determining the amount of exploration/production authorisation fees, levels of royalties or rates of extractive-industry-specific income tax.294 Moreover, the TFEU expressly excludes the area of ‘property ownership’ from the scope of the EU’s legislative competence, implying that the Member States are free to regulate and govern matters such as the ownership of deposits, the distribution of royalties or the expropriation for landholders for the purposes of exploration/production operation without any interference by the EU lawmaker.295 284 “A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.” See ibid, art 288, third para. 285 “A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.” See ibid, art 288, fourth para. 286 “Recommendations and opinions shall have no binding force.” See ibid, TFEU (n266), art 288, fifth para. 287 The ordinary legislative procedure starts with the proposal submitted by the Commission to the Council and Parliament (TFEU (n266), art 294.2). A measure can be adopted in the first reading if the Council accept the Parliament’s position taken in the first reading (ibid, art 294.3-6). Otherwise (i.e. when the Council does not accepts Parliament’s position taken in the first reading and instead submits its own position or does not take any action) the parliament in the second reading approve the measure, reject it, or propose further amendments (ibid, art 294.7). In the case of amendments proposed by the parliament in the second reading, the Council can accept or reject such amendments acting by a qualified majority or unanimously in the case of Parliament’s amendments with a negative opinion issued by the Commission (ibid, art 294.8-9). In the case the parliament’s amendments proposed in the second reading are rejected, the conciliation committee composed of an equal number of the representative of the Parliament and the Council can reach an agreement as to the those amendments (yet the Council the Parliament need to confirm ...
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Related to No competence areas

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