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Dear Readers, Russia’s war crimes in the Ukraine are unsupportable. For weeks now, bombs and shells have been raining down on defenceless civilians, laying bare the West’s vulnerability and demonstrating the negligence of failing to maintain a link between its defence policy and a diversified energy supply. Like drug addicts, Europe, and particularly Germany, have allowed themselves to become dependent on their cheap Russian dealer, without stopping to consider the geopolitical consequences. This naive and tight-fisted approach is now exacting a heavy price. With each new image of death and destruction, pressure mounts on the EU to impose an embargo on Russian oil and gas imports. Yet this is exactly what will not happen. Both sides have a vital interest in maintaining the status quo. Without Russian gas, Germany faces an industrial meltdown; France and Italy, traditional food producers, lose the most important raw material for the manufacture of essential fertilisers. Despite frantic efforts by the Federal Minister of Economics, Robert Habeck, to develop alternative sources, no adequate substitute is in sight. The same applies to Russia. The ultimatum issued by Russian dictator, Vladimir Putin, that payment for Russian raw materials must be in roubles, was nothing more than a smokescreen of propaganda. Moscow needs the revenue from oil and gas like it needs air to breathe. The Kremlin kleptocracy relies entirely on this revenue to feed both oligarchs and the army. Anything else would be political suicide for Putin. In addition, once gas fields are shut down, it is difficult to reactivate them. Despite the war in Ukraine, we will of course continue to keep you up to date with the legislative process in Brussels. This month’s Newsletter looks at, among other things, the protection of journalists, data transfers by Facebook to the US and industrial emissions. I wish you an enjoyable read. Stay tuned! Best wishes Dr. Jörg Köpke |
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The pressure is rising: the pictures of dozens of dead civilians in the Kiev suburb of Butcha make the demands for a supply stop of Russian oil and gas more pressing. Nevertheless, it is not only Slovakia that continues to rule out an embargo. |
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Latest EU Proposals in Focus |
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Facebook: Final decision on data transfers to the USA approaches In April, the Irish Data Protection Authority (DPC) is expected to submit a proposal to the other European data protection authorities to prohibit Meta, formerly Facebook, from transferring the personal data of European Facebook users to the US (see cepStudy 1/2021). If the other authorities approve the draft decision, Meta could be prohibited from transferring data to the US without sufficient safeguards. The DPC would thus be implementing the Schrems II ruling. In that case, the ECJ overturned the EU-US Privacy Shield and made transatlantic data traffic subject to strict conditions. Meta recently threatened to end its services in Europe in the event of a transfer ban. Meta would not be the only one affected by such a transfer ban. Other companies in the EU would also have to be prepared for the authorities to prohibit transfers in similar cases. |
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SLAPP lawsuits: Protection of journalists and human rights defenders On 27 April, the Commission will present its initiative to protect journalists and human rights defenders from abusive lawsuits. The background to this is that, according to the Commission, in some Member States, journalists and human rights defenders are often subject to so-called SLAPP lawsuits (Strategic Lawsuit against Public Participation) issued by influential individuals or companies. This is mainly to stop the activists from raising issues which are not to the plaintiff’s liking. The Commission wants to combat such abusive litigation in order to prevent any threat to the public discourse. |
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Industrial emissions: Updating the EU requirements On 5 April, as part of its Zero Pollution Action Plan [COM(2021) 400; see cepPolicyBrief 20/2021], the Commission will propose amendments to the Industrial Emissions Directive [2010/75/EU] and the European Pollutant Release and Transfer Register Regulation (E-PRTR) [(EC) No 166/2006] to bring them into line with technical progress. Industry is expected to use the latest techniques to reduce environmental pollution and protect public health. |
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Digitalisation: Commission plans proposal for Health Data Space The planned proposal for a Regulation on the EU Health Data Space is to be expected shortly. This would be the first such data space that is specific to one sector. It aims to allow the secure and efficient exchange of data across the EU and thus radically advance the Health Union. It will also improve the cross-border interoperability of health data as well as safeguarding data protection and cybersecurity. Whether the project will be successful depends to a large extent on whether it gains the trust of EU citizens. They should therefore be permitted to access their personal health data across borders and be able to decide for themselves about access by third parties. This would also strengthen the existing rights of patients and give EU citizens sovereignty over their health data. Use of this data should only be permitted for legally defined purposes, such as research. In order to ensure technical realisation of the Health Data Space, national authorities must be more interconnected and linked to the digital service infrastructure "MyHealth@EU". This should be obligatory for Member States. |
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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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Data economy: Improving access to vehicle data, functions and resources Vehicles are increasingly becoming equipped with wireless networks and features that allow remote access to vehicle data, functions and resources. This access is crucial for enabling remote diagnostics and developing new innovative data-driven services; at the same time, it can also make it easier for the authorities to carry out their monitoring activities. The Commission is considering supplementing the cross-sectoral general rules of the Data Act, proposed in February [Data Act, COM(2022) 68], with more detailed sector-specific legislation for the automotive sector. This will ensure secure and non-discriminatory access and thus fair competition in connectivity markets and mobility services. With this Consultation, the Commission is aiming to gather opinions on the current state of play on access to vehicle data, functions and resources, on the need for supplementary legislative regulatory measures and their scope, and on the cost, impact and risk of such measures. The submission deadline for opinions is 21 June 2022. Got to Consultation |
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Cybersecurity: Expansion of requirements Under current EU law, certain products must comply with cybersecurity requirements when made available on the internal market. This in particular affects radio equipment covered by the Delegated Regulation (EU) 2022/30 . The Commission is considering proposing a regulation that would extend such requirements to other products and services. It is also thinking of extending the requirements to the entire life cycle of a product, since software has to be repeatedly updated. In its Consultation, the Commission wants to hear the views of stakeholders. The deadline for submission of comments is 25 May 2022. Go to Consultation |
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Traffic offences: Cross-border exchange of information The Commission wants to revise the Traffic Offences Directive [(EU) 2015/413], which regulates the exchange of information between EU Member States on road traffic offences, such as speeding and driving under the influence of alcohol or drugs. This aims to improve the cross-border investigation of traffic offences and enforcement of sanctions. The deadline for submission of comments is 20 May 2022. Go to Consultation |
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Driving licences: Increased digitalisation The Commission wants to revise the Driving Licence Directive [2006/126/EC]. It aims to increase road safety and promote the free movement of people and goods in the EU. In particular, it is considering proposing regulations for increased digitalisation of driving licences. The deadline for submission of comments is 20 May 2022. Go to Consultation |
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Combined transport: Promoting transport by rail and ship The Commission wants to revise the Combined Transport Directive [92/106/EEC; see cepPolicyBrief 05/2018]. It wants to provide more incentives to increase the share of low-emission modes of transport in the transport sector, such as rail, short sea shipping and inland waterways. The deadline for submission of comments is 30 May 2022. Go to Consultation |
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Pollutants: Restricted use of electrical and electronic equipment As part of its Circular Economy Action Plan [COM(2020) 98; see cepPolicyBrief 5/2020] and its Zero Pollutant Action Plan [COM(2021) 400; see cepPolicyBrief 20/2021], the Commission wants to revise the RoHS Directive [2011/65/EU] to further restrict the use of hazardous substances in electrical and electronic equipment. Uniform EU regulations will promote the environmentally friendly treatment of waste electrical and electronic equipment in the context of the circular economy, encourage the emergence of cross-border recycling markets and improve protection of human health. The deadline for submission of comments is 2 June 2022. Go to Consultation |
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Banks: Evaluation of state aid rules for banks in difficulty Specific state aid rules for banks in difficulty were developed in response to the financial crisis. They have been in place since 2008 and are intended to help manage the consequences of the financial crisis for the banking industry and to preserve financial stability. At the same time, they aim to minimise distortions of competition associated with state aid. The applicable rules are enshrined in a total of six Commission communications (see here). The Commission is using the Consultation to find out the extent to which the rules have achieved their objectives and whether they are still appropriate in their current form. The deadline for submission of comments is 9 June 2022. Go to Consultation |
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Third Health Programme (2014-2020): Final evaluation The Commission intends to carry out a final evaluation of the Third Health Programme (2014-2020) which, among other things, was intended to reduce inequalities in health care and promote cooperation between Member States. The final evaluation will assess the results, effectiveness and cost-effectiveness of the programme and use the findings to optimise measures for the Fourth Health Programme (2021-2027). The deadline for submission of comments is 3 June 2022. Go to Consultation |
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Revision of the Toy Safety Directive: Better protection for children against unsafe toys The Commission wants to revise the Directive on the safety of toys [2009/48/EC]. The aim of the revision is to ensure that children are even better protected against certain risks in the future. These are, for example, hazardous chemicals found in toys for which there are as yet no binding rules. In addition, new risks and dangers to children's safety and to data privacy arise when dealing with toys that are connected to the internet. Such toys, including dolls and robots, are not yet adequately addressed by the current Directive. The deadline for submission of comments is 25 May 2022. Go to Consultation |
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4 - 7 April 2022 Strasbourg Session of the European Parliament. The agenda includes the European Right to Repair and the Data Governance Act (cepPolicyBrief 6/2021) 5 April 2022 Luxembourg Meeting of the Economic and Financial Affairs Council (Ecofin). The agenda includes a Global minimum level of taxation for large corporations as well as Economic and financial aspects of Russia’s war in Ukraine. 8 - 9 April 2022 Strasbourg Plenary session of the Conference on the Future of Europe. 12 April 2022 Luxembourg Meeting of the General Affairs Council. Topics include the rule of law and the conference on the future of Europe. 29 - 30 April 2022 Strasbourg Plenary session of the Conference on the Future of Europe. |
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cep Publications to Current Topics |
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cepAdhoc: More European sovereignty: How the Ukraine war overshadows the French presidential election |
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| The Ukraine war is pushing the presidential elections in France into the background. At the same time, attention is focussing on the question of more European sovereignty - a concern of Emmanuel Macron's since the first day of his presidency. The Centre de Politique Européenne in Paris has examined the situation in France in the light of Russia's war of aggression on a neighbour of the EU. Go to cepAdhoc |
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cepAdhoc: The TESS Index: A progress indicator for the EU and its Member States |
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| "Dare to take progress further" is the motto of the traffic light coalition. 100 days after taking office, the SPD, the Greens and the FDP still have a lot of work to do. This is the result of the TESS progress index compiled by cep. The index measures progress in the 27 EU states under the headings of technology, environment, social affairs and state. Go to cepAdhoc |
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cepAdhoc: REPowerEU: Struggling for EU Energy Sovereignty |
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| In response to the war in Ukraine, the European Union wants to completely phase out fossil fuels from Russia by 2027. By the end of this year, imports of Russian gas are already set to be reduced by two thirds. cep advocates targeted payments to households and businesses as compensation for further price increases. The Freiburg experts, however, reject the EU-wide price limits for energy that are being considered by the EU Commission. Go to cepAdhoc |
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Dear Reader, There is nothing we desire more than peace for all of Europe. In the coming weeks, the EU should make it their primary task to seek a viable compromise between the warring parties in Russia and Ukraine, and thereby break the spiral of violence. Yours Dr. Jörg Köpke |
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