Analysis of territorial compatibility for Seveso-type sites using different risk assessment methods and GIS technique

The increasing size of chemical plants and rapid growth in residential areas has led to many incompatible land-use scenarios in the last 100 years. In this context, the authors assume that assessment and planning have their significant role in preventing the juxtaposition of hazards and population, and that, in this field, there is a broad recognition of the need for legislative and policy consistency across the European Union. The paper presents a comparative case study in which the Romanian land-use planning (LUP) criteria and the risk-based quantitative approach for a chemical plant are applied. Accident scenarios involving chlorine and propylene arecomprehensively analyzed using consequence and risk modelling software and GIS technique for the territorial compatibility assessment. The objective of the paper is threefold. Firstly, it presents an overview about current risk analysis methods; secondly, the authors advance an understanding of risk assessment practices used in several countries for the prevention and control of major industrial accidents involving dangerous substances and, also, for LUP. Thirdly, a method targeting an improved risk assessment framework for LUP, encompassing Romania’s determinants is outlined. The results obtained using the two different approaches indicate significant differences regarding the possibly affected areas and territorial compatibility. Furthermore, based on the findings, the paper ends with a set of recommendations that can be transformed into the foundation for future enactments of new safety standards that cover risk assessment for LUP. Consequently, the present study aims to become a frame of reference for decision-makers towards more sustainable and updated risk assessment practices in the field of industrial activities.     

欧盟视阈下在线平台中个人数据的增值税处理

近年来,在线平台的迅猛发展推动了全球经济数字化加速转型,但同时也引发了包括增值税政策适用在内的诸多挑战.通过研究《欧盟增值税指令》和欧州法院的判例法,以及分析个人数据与在线平台运行之间的关系可以推断出,个人数据是在线平台提供访问服务构成的增值税应税范围内的供应,且与消费者是否向在线平台支付金钱形式的对价无关.在实践中,使用客观价值方法来确定在线服务供应的应税金额存在实际困难,而使用直接联系标准解决易货交易问题,会导致增值税税基在本质上得到扩张.因此,建议当前不要将在线平台访问服务的供应视为一项应税交易.此外,对于商家为获得消费者数据而向平台付款的情形,因其不符合直接联系标准,也不应被视为服务对价.     

Effectiveness of independent boards of UCITS funds

In order to protect fund investors against conflicts of interest with fund management companies, US funds have mandatory independent directors, but this obligation is not required under the European Union Undertakings for Collective Investment in Transferable Securities (UCITS) Directive. Nevertheless, a considerable number of UCITS funds do have independent directors. Whether independent directors should also be mandatory in Europe has been a topic of ongoing debate. Using a sample of Luxembourg UCITS, we test the hypothesis that more independent boards add value for investors through lower costs and/or better investment performance, but we fail to find supporting evidence, even for funds with a higher risk of conflicts of interest. Oversight by independent depositaries and institutional shareholders does not seem to be effective either. It appears that board attitude and the sponsor distribution model are more important since we find evidence that boards that prioritise cost monitoring have lower costs and that independent sponsor funds have better performance. These results question the effectiveness of self-regulation or formal regulation requiring independent board members.     

The challenge of legitimizing spatially differentiated regulation: Experiences from the implementation of the Danish Buffer zone act

Differentiating regulation is a promising approach to agri-environmental regulation that may potentially reduce the environmental impact of agriculture at the lowest possible costs for the farmers and society, but also possesses a number of challenges. In this article, we explore the challenges to the legitimacy of agri-environmental regulation that occurs when the regulatory regime changes from general regulation to differentiated regulation. The analysis is based on a case study of the implementation of the Buffer zone act in Denmark – a regulation that prevents agricultural production in a 10 (later 9) meter fringe around selected waterbodies. We distinguish between two different ways of legitimizing: Producing knowledge and participation. We conclude that to harvest some of the obvious benefits of differentiated regulation a number of challenges must be resolved, 1) ensuring legitimacy of differentiated regulation is crucial, 2) differentiated regulation imply that farmers are also differentiated, 3) differentiated regulation implies new uncertainties, 4) the current knowledge regime need to be reconfigured, 5) stakeholders feel that they are unevenly treated and 6) it is difficult to establish a win–win solution for all farmers on an individual level.     

How Safe Are the Harbors?

Abstract

With the growth of e-commerce has come the need for businesses to provide protection of personal, private data collected from internet users and consumers. The United States has favored a policy of industry self-regulation, while the European Union (EU) has responded to its consumer demands for privacy protection regulations and enforcement. Faced with the critical need for a middle ground, the US has proposed “Safe Harbor Privacy Principles” as a means of compromise with the EU. This article explores the market context of the Safe Harbor Principles, the European reaction, and the probable impact on businesses.     

Interest Income Tax Evasion,the EU Savings Directive and Capital Market Effects*

The EU Savings Directive has been celebrated as a major political breakthrough in coordinating taxation in Europe. Against this background, the present paper evaluates the real‐world effects of this directive. The directive has left a loophole by providing grandfathering (exemption from withholding tax) for some securities. In this paper, we compare the pre‐tax returns of exempt bonds and comparable taxable bonds. If working around the Savings Directive is difficult for income tax evaders in Europe, then investors should be willing to pay a premium for bonds that are exempt from the withholding rate. Conversely, if such a premium is absent, then this suggests that the supply of existing loopholes (exempt bonds included) is large enough to allow tax evaders to continue evasion at no additional cost. The findings of our study are in line with this latter interpretation.     

The Role and Current Status of IFRS in the Completion of National Accounting Rules – Evidence from Norway

Abstract

Although not a EU member, Norway is required to implement the EU Accounting Directive through its obligations under the EEA agreement. An expert group has prepared a draft law that will be decided upon by the legislator, most likely during 2017. The draft law has a strong orientation towards IFRS, which is evidenced in particular by the choice of IFRS for SMEs as the basis for Norwegian accounting standards.     

Towards the implementation of the European Water Framework Directive?: Lessons learned from water quality simulations in an agricultural watershed

The main objective of the European Water Framework Directive (WFD) is the achievement of a good ecological and chemical status of the water environment (water bodies). This status corresponds to the limit value of Germany's Working Group of the Federal States on Water Problems Issues (LAWA) for water quality class II (3 mg/l total nitrogen). The rivers in the intensively cropped Upper Ems River basin (northwestern Germany) show total nitrogen concentrations in excess of 5–10 mg/l. Hence, the objective of our study was to find a land use and land management scenario that would reduce the total nitrogen concentration to meet the WFD requirements for good ecological and chemical status. We developed consecutive land use and management scenarios on the basis of policy instruments such as the support of agro-environmental measures by Common Agricultural Policy and regional landscape development programs. The model simulations were done by using the Soil and Water Assessment Tool (SWAT). Results of SWAT scenario calculations showed that drastic measures, which are unrealistic from a socio-economic point of view, would be needed to achieve the water quality target in the basin (reduction of arable land from 77.2% to 46% [13% organic farming], increase of pasture from 4% to 15%, afforestation from 10% to 21%, increase of protected wetlands from 0% to 9%, etc.). The example shows additionally that the achievement of the WFD targets is only possible with a consideration of regional landscape and land use distinctions. A related problem yet to be addressed is the general lack of measured water quality data with which to calibrate and validate water quality models such as SWAT. This adds considerable uncertainty to already complicated and uncertainty situations. Thus, improved strategies for water quality monitoring, and data accessibility must be established.     

欧盟证券强制要约收购规则及启示

本文以2004年5月20日生效的《欧盟要约收购指令》为基础，对欧盟及其各成员国有关强制要约收购的临界点、强制要约收购的价格以及强制要约收购的豁免制度进行了重点分析，对如何完善我国上市公司强制要约收购制度作了探讨。该指令的研究对完善我国证券法律制度具有重要的现实意义。     

An analysis of the companies’ compliance with the EU disclosure requirements and corporate characteristics influencing it: A case study of Turkey

One of the factors shaping accounting disclosure of countries in Europe is the EU Fourth Directive (EUFD) which addresses individual company accounts. The EUFD has been claimed to have had an impact on accounting, including accounting disclosure, of not only the EU countries but also non-EU member European countries. Turkey is one of the non-EU member European countries claimed to be influenced by the EUFD and this study examined Turkish companies’ level of compliance with the disclosure requirements of the EUFD over the years (1986, 1987, 1991, 1992 and 1995), and assessed whether companies’ level of compliance had been influenced by their corporate characteristics, such as company size, listing status and industry type.Turkish companies’ level of compliance with the disclosure requirements of the EUFD was measured by an index (i.e. EUFD Disclosure Compliance Index—EUFDCDI). The index was developed by; constructing disclosure scoring sheet; obtaining annual reports of 61 sampled Turkish companies over the years; completing scoring sheet for each companies’ annual report; and creating disclosure index. The index (EUFDCDI) scores was, than, analysed for each year to assess the companies’ compliance with the EU disclosure requirements and both parametric and non-parametric test, were conducted to determine if there were significant changes in the extent of disclosure in compliance with the EUFD over the years. Furthermore, using the companies EUFDCDI score as dependent variable and corporate characteristics as independent variables, the Ordinary Least Square regression was run for each year to find out if the companies’ level of compliance with the EU disclosure requirements were influenced by their corporate characteristics.The results of this study revealed that Turkish companies’ compliance with the required disclosure by the EUFD varied within the range of 30–85%, but their compliance increased significantly from one year to another throughout the selected period. The results further revealed that listing status is one of the important corporate characteristics of the Turkish companies affecting their compliance with the EU disclosure requirements.