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Dear Readers,
In the words of Otto von Bismarck: “Lies may start wars but the truth can thwart entire armies.” Quotes from Germany’s former Imperial Chancellor are enjoying a revival in the wake of Russia’s invasion of Ukraine and its attempt to change European borders by force in the 21st century.
In these dramatic days, the grim truth is that security, and with it freedom and democracy, requires defence capability. For far too long, Europe has cavalierly chosen to ignore this truth and, after the collapse of the Soviet Union, was all too willing to profit from the so-called peace dividend.
This house of cards, built on naivety, has collapsed. How tragic that a geopolitical catastrophe of historic proportions was required before we finally came to our senses.
Now, things are moving fast. Germany is sending weapons to Kiev and has approved a rearmament programme worth € 100 billion. Within days, the EU, much rebuked for its divisions, has unanimously (!) launched no fewer than three sanctions packages and approved military aid worth half a billion euro to Ukraine. There is a growing certainty that Europe needs its own defence policy agenda, and that it cannot depend solely on the USA. The old continent is rousing itself. Finally.
The world changed on the 24th of February. We are experiencing a rupture in European policy, and stand on the threshold of a new world order. As an ordoliberal think-tank, the Centrum für Europäische Politik will be taking part in the discussion on a new system for peace and security, focussing particular attention on the concept of security in relation to energy policy and technology.
Stay with us!
Best wishes
Dr. Jörg Köpke
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“They belong to us”: On 27 February, after years of hesitation, Commission President Ursula von der Leyen indicated her support for Ukraine’s membership of the European Union.
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Latest EU Proposals in Focus
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Energy supply: Minimum gas storage reserves
On 2 March, the Commission will publish a Communication setting out further measures intended to secure the EU energy supply. In future, in view of the ongoing low level of gas stocks and high gas prices, Member States will oblige gas storage operators to maintain a certain minimum level of gas storage at the beginning of the heating season. In addition, gas retailers will have easier access to state aid for gas purchasing. Finally, the Commission is planning to support the joint procurement of gas in the EU through better coordination of the use of terminals for importing liquid gas (LNG).
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Biodiversity targets for the restoration of damaged ecosystems
On 23 March, as part of its EU Biodiversity Strategy 2030 [COM(2020) 380; see cepPolicyBrief], the Commission will propose legally binding targets for restoring damaged ecosystems. These could be incorporated into existing EU legislation on environmental protection – such as the Habitats Directive [92/43/EEC], the Water Framework Directive [2000/60/EC], the Marine Strategy Framework Directive [2008/56/EC] and the Birds Directive [2009/147/EC].
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Circular economy: Amendment of Construction Products Regulation
On 30 March, as part of its Circular Economy Action Plan, [COM(2020) 98; see cepPolicyBrief 5/2020] the Commission will propose changes to the Construction Products Regulation [(EU) No. 305/2011]. In order to ensure stricter application of the principle of the circular economy throughout the entire “life cycle” of buildings, the Commission is considering the introduction of EU-wide rules on the “sustainability performance” of construction products and requirements regarding the proportion of recyclate to be contained in certain construction products, taking account of their safety and functionality.
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Central securities depositories: Revision of the existing EU Regulation
On 16 March, the Commission will submit a proposal to revise the Regulation on central securities depositories [(EU) No. 909/2014, see cepPolicyBrief]. Central securities depositories (CSDs) are key players on the financial markets. They undertake, for example, the recording and holding of securities and operate systems for the settlement of securities transactions. The proposal is likely to contain clarifications and simplifications regarding the authorisation requirements for CSDs. An easing of the rules on the cross-border provision of services by CSDs is also expected, as is the removal of barriers to the provision of banking-type services by CSDs.
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“Green transition”: New consumer rights for the transition to a more sustainable economy
As announced in its new Consumer Agenda (see cepPolicyBrief 10/2021), the Commission wants to empower consumers in readiness for the “green transition”. In the Commission’s view, EU consumer law – which primarily means the Unfair Commercial Practices Directive [Directive 2005/29/EC] and the Consumer Rights Directive [Directive 2011/83/EU] – fails to ensure that consumers receive reliable and useful product information, for example on a product’s lifetime or the possibility for repairs. This will be changed. Minimum requirements for sustainability labelling are also expected. Finally, the Commission wants, above all, to prevent the misleading use of green claims (greenwashing). The Commission proposal is expected on 30 March.
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The EU Commission asks decision-makers and interested parties from civil society for their opinion on European policy proposals. Here is our short-list of the most important consultations:
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Standard-essential patents: Efficiency and transparency
Standard-essential patents (SEPs) are patents which protect technology that is essential to a standard. The right to use these patents is thus crucial to enable compliance with the standard in the manufacture of the corresponding products. All persons or companies wishing to have their patents included in a standard must therefore undertake to issue licenses to use the protected technology under fair, reasonable and non-discriminatory conditions. According to the Commission, it is often unclear whether a patent is a SEP and what licence fees SEP-users can expect. In addition, enforcement processes are often disproportionately long.
The submission period for opinions ends on 9 May 2022.
Go to consultation
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Renewable energy: EU solar strategy
The share of renewables in overall EU energy consumption will be increased to 40% by 2030 [COM(2021) 557, see cepPolicyBrief 1/2022]. In order to achieve this target, the Commission wants to develop an EU strategy for the roll-out of solar energy. The EU solar strategy will reduce barriers to the production and deployment of solar energy which arise from procedures for competitive tendering, financial aid, permits, grid connection and proof of origin.
The submission period for opinions ends on 12 April 2022.
Go to consultation
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Climate neutrality: Certification of carbon removals
The EU climate neutrality target is to be achieved not only by reducing carbon emissions but also by removing carbon from the atmosphere through reforestation, agricultural processes and the use of technical solutions. In order to promote carbon removals, EU-wide standards will be created to certify them. Covering various different types of carbon removal, these standards will establish requirements for measuring, monitoring, reporting and verification.
The submission period for opinions ends on 2 May 2022.
Go to consultation
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Chemicals: Restricting the use of mercury
The Commission wants to further restrict the use of mercury, such as for dentistry, light sources and measuring devices, and to amend the Mercury Regulation for this purpose [(EU) 2017/852]. In particular, it is considering the possibility of phasing out the use of dental amalgam by 2030, restricting the sale of products containing mercury, and reducing mercury emissions from crematoria.
The submission period for opinions ends on 3 May 2022.
Go to consultation
Plastics: Reducing environmental pollution from microplastics
As part of the EU Action Plan for the Circular Economy [COM(2020) 98; see cepPolicyBrief 05/2020] and the Zero Pollution Action Plan [COM(2021) 400; see cepPolicyBrief 20/2021], the Commission has announced new measures to reduce the impact of microplastics – plastic particles less than 5mm in diameter – on the environment.
The focus will be on measures to label, standardise, certify and regulate the three main sources of microplastics - tyre-wear, synthetic granules and synthetic textiles.
The submission period for opinions ends on 17 May 2022.
Go to consultation
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Capital Markets Union: Expansion of central clearing of derivatives transactions in the EU
Central counterparties (CCPs) are companies which position themselves between the counterparties to a derivatives transaction and reduce the risks for these parties. With respect to the buyer of a derivative, CCPs act as seller, and with respect to the seller, they act as purchaser. The market for CCPs is highly concentrated. Although the United Kingdom (UK) has left the EU, a substantial volume of derivatives transactions denominated in euro are still being cleared via CCPs located in that “third country”. This poses risks for financial market stability. The Commission is using the consultation to gather opinions on how to make the EU more attractive to CCPs, how to reduce its dependence on UK CCPs and how to enhance the supervision of CCPs at European level. It will submit concrete measures, for strengthening central clearing in the EU, in the second half of 2022.
The submission period for opinions ends on 8 March 2022.
Go to consultation
Retail investments: New concept for suitability and appropriateness assessments
According to the Commission, there have been calls from the financial sector and from consumers to overhaul the existing procedure for assessing the needs of retail investors when making investments. Currently, tests of the suitability and appropriateness of an investment for an investor are usually required in this regard. The Commission is now considering, in particular, whether these tests, which are usually based on a specific financial product, could be replaced by a “personalised asset allocation strategy”. This would give the retail investor a personal investment plan with an “optimal investment allocation” designed for the investor, although the investor would retain ultimate control over whether to follow the plan or diverge from it. The Commission is also considering whether retail investors should be given the option to transfer the personal asset allocation strategy, for example to other finance intermediaries or online brokers, in order to facilitate switching between providers of financial products. The Commission is using the consultation to gather opinions on its deliberations. The results will be incorporated into the retail investment strategy announced for the first half of 2022.
The submission period for opinions ends on 21 March 2022.
Got to consultation
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Digital Corona Certificate: One-year extension planned
The Commission intends to extend by one year the Regulation [(EU) 2021/953] on the EU Digital COVID Certificate, which is due to expire on 30 June 2022, and to adapt it at the same time. Selected laboratory-based antigen tests will be recognised in order to ensure that test certificates can be issued despite the existing shortage of certified testing capacity. In addition, vaccination certificates will indicate the correct number of doses administered even if this took place in different Member States. In addition, those participating in clinical trials of the COVID 19 vaccine will also receive valid vaccination certificates. The European right to free movement will be safeguarded by way of the interoperable and uniform vaccination, testing and recovery certificates thereby counteracting any need for unilateral and therefore non-uniform measures by Member States.
The submission period for opinions ends on 8 April 2022.
Go to consultation
Antimicrobial resistance Recommendation for greater action
Antimicrobial resistance (AMR) arises e.g. due to the excessive use of antibiotics in animal husbandry as well as through the inappropriate prescription, administration and disposal of medicines containing antibiotics. As a consequence, micro-organisms such as bacteria and fungi can become resistant to antimicrobial agents, such as antibiotics, antiviral medicines, antimycotics or antiprotozoals, thereby jeopardising the ability to combat infectious diseases (see cepPolicyBrief 1/2018 and cepPolicyBrief 2/2020). In order to reduce the spread of AMR, globally coordinated measures are required. These include, for example, reducing the use of antibiotics in animal husbandry, more responsible prescription of antibiotics and the development of new and effective antimicrobial medicines. Based on a proposal from the Commission, on which consultations will be held, the Council will prepare a recommendation.
The submission period for opinions ends on 24 March 2022.
Go to consultation
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Package travel: Examination of EU rules
As announced in its “New Consumer Agenda” (see cepPolicyBrief 10/2021), EU legislation on package travel is to be reviewed. During the Corona pandemic, numerous travel restrictions resulted in mass cancellations. The existing Package Travel Directive [Directive (EU) 2015/2302] gave rise to considerable legal uncertainty, particularly regarding price refunds and the right to issue vouchers (see cepPolicyBrief 10/2021). The Commission wants to strengthen consumer rights and, among other things, examine whether and to what extent the provisions on insolvency protection should be amended.
The submission period for opinions ends on 10 May 2022.
Go to consultation
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7 March 2022
Paris
Ministerial Conference on Antimicrobial Resistance The 2017 EU action plan to combat antimicrobial resistance as part of the “One Health” concept (see cepPolicyBrief 1/2018) will be brought up to date.
7-10 March 2022
Strasbourg
Session of the European Parliament. This concerns the reduce of health care disparities and improve cross-border health cooperation
8-9 March 2022
Nevers
Informal Meeting of Ministers in charge of Telecommunications This concerns the outlook for digital policy in Europe.
10-11 March 2022
France
Informal meeting of heads of state or government of the European Council.*
14 March 2022
Brussels
Meeting of the Eurogroup.*
14-15 March 2022
Online
Ministerial Conference on the Mental Health of Vulnerable Young People. The foundations for an EU action plan in this regard will be developed.
15 March 2022
Brussels
Meeting of the Council for Economic and Financial Affairs (ECOFIN).*
23-24 March 2022
Brussels
Session of the European Parliament. This concerns.*
24-25 March 2022
Brussels
Meeting of the European Council.*
29 March
Brussels
Meeting of the Employment, Social Policy, Health and Consumer Affairs Council.*
*The precise agenda was not yet available at the time of going to press.
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cep Publications to Current Topics
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cepInput: EU Fiscal Reform
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2022 will be crucial for the EU's economic governance. On 19 October 2021, after the relaxation of fiscal rules due to the Corona pandemic, the Commission decided to tighten the reins once more. The Centre de Politique Européenne in Paris has analysed the macroeconomic situation and developed proposals to stimulate growth while reducing debt-to-GDP ratios and achieving more fiscal sovereignty.
Go to cepInput
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cepPolicyBrief: Fit for 55: Renewable Energy
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The EU wants to reduce its greenhouse gas emissions to 55% of 1990 levels by 2030. To achieve this, the share of renewable energy in overall EU energy consumption will increase to 40%. The Centrum für Europäische Politik (cep) has assessed the proposal and believes that the rigid requirements for industry to use renewable energy will put the EU at a competitive disadvantage.
Go to cepPolicyBrief
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Dear Reader,
As the Greek philosopher Aeschylus once said: “In war, truth is the first victim”. Despite the imminent geopolitical and economic challenges, we will do our utmost to remain a reliable compass.
Yours
Dr. Jörg Köpke
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