Table.Briefing: Europe

Combustion compromise + ITER nuclear fusion reactor + Approval of industrial cloud project

Dear reader,

In the night from Saturday to Sunday, the clocks were once again advanced to summer time. And once again, the question arises as to when the change between summer and winter time will end. In fact, the EU already announced in 2018 to abolish the seasonal time changes. Since then, the ball has been in the court of the EU member states. Last week, a Commission spokesperson once again stated that there was nothing new in this matter. It will probably take a little more time.

A lot of time was lost in the dispute between German Transport Minister Volker Wissing and Climate Commissioner Frans Timmermans over the phase-out of internal combustion vehicles in 2035. Now, the dispute has been settled. Wissing withdraws his blockade and in return gets the promise that the Commission will give “e-fuels only” cars a chance. However, this promise is not as legally binding as the Transport Minister is making it out to be.

The construction of the nuclear fusion reactor ITER in southern France is also taking a long time and is costing the EU billions. The money is being chalked up as climate financing, because the hope of a clean energy mix hangs on nuclear fusion. Yet the experimental reactor itself will probably never generate electricity, reports Charlotte Wirth.

In today’s profile we have the Hessian ambassador to the EU, Friedrich von Heusinger, who has been in Brussels for over 30 years and yet sometimes finds the city and the European institutions complicated.

Your
Lukas Knigge
Image of Lukas  Knigge

Feature

Combustion engine dispute: no legal certainty despite agreement

In the dispute over the end of the internal combustion engine, the German Free Democratic Party (FDP) always demanded legal certainty that “e-fuels only” vehicles could also be registered after 2035. A corresponding demand was indeed included in a recital of the tightened EU fleet standards, which stipulate CO2 reduction targets for car manufacturers. But Climate Commissioner Frans Timmermans already stressed in June last year that it was up to the Commission whether or not to present such a proposal. That was not enough for the FDP, which was the reason for their rebellion.

Even the agreement reached over the weekend does not create the legal certainty that German Transport Minister Volker Wissing demanded. MEPs from the SPD, CDU and Greens are already expressing considerable doubts about whether the compromise between Wissing and Timmermans can be put into practice.

No legal basis for delegated act

According to the German Federal Ministry of Transport, the agreement states:

  • The text of the trilogue agreement is adopted unchanged.
  • The EU Commission is creating a new vehicle category within the Euro 6 type approval for internal combustion vehicles that can be fuelled exclusively with synthetic fuels with an implementing act.
  • Subsequently, the Commission is to integrate this vehicle category into the fleet regulation via a delegated act.

The last step would mean that manufacturers of “e-fuels only” cars could count them towards achieving their CO2 reduction targets. But the Commission could lack the legal basis for a delegated act. The co-legislators European Parliament and Council must allow the Commission to clarify certain details of a law via delegated acts. In the case of the combustion car phase-out law, this permission is not in the current text. MEPs like Michael Bloss (Greens) have therefore already announced the legal examination and, if necessary, an action before the European Court of Justice if the delegated act is coming.

The CDU MEP Peter Liese opposes the combustion engine ban in substance, but doubts the legality of the construct: “Nine out of ten lawyers will say that it is not possible,” he told Table.Media. So the delegated act could be overturned by the ECJ. Liese says that the Commission itself also assumes that the whole thing is not legally watertight.

Alternative: ordinary legislative procedure

In this case, the Commission and the German Federal Ministry of Transport have agreed that instead of a delegated act, an ordinary revision of the EU fleet regulation would take place. This would mean a say for the Parliament and the member states. Both co-legislators would thus be in a position to prevent an exemption for e-fuels from the combustion engine phase-out.

Moreover, this process takes time and will probably not be completed before the spring 2024 European elections. The Ministry of Transport itself is expecting this to happen in autumn 2024. However, the Commission’s promise to integrate “e-fuels only” cars into fleet regulation via a proper legislative procedure if necessary is not legally binding, said Bloss. The next EU Commission would not have to abide by it.

In any case, the current text of the law already stipulates a review of the law in 2026. How extensively the law will then be revised is up to the next EU Commission and the next EU Parliament and the member states. The bottom line is that although Wissing has wrested a clearer declaration of intent from Timmermans than before, it is not a guarantee that combustion vehicles can still be registered after 2035 – with or without e-fuels.

One thing is for sure: The blockade of the German FDP has been resolved. The EU ambassadors will schedule a new vote early this week in order to complete the formal adoption at the ministerial level at the Energy Council on Tuesday (28 March).

  • Climate & Environment
  • European policy
  • Transport policy

ITER nuclear fusion reactor: climate funding for science project

Construction site of the ITER nuclear research center in Cadarache, southern France.

The nuclear fusion reactor ITER will cost at least 22 billion euros. The reactor is being built in Cadarache in southern France and is intended to pave the way for electricity generation from nuclear fusion. “By the end of this century, as fossil fuels will be phasing out of the energy mix, fusion could become a suitable complement to energy from renewables,” the EU Commission wrote in a communication in 2017. The EU is digging deep into its pockets for this. In the financial budget 2021-2027 alone, 5.6 billion are earmarked for funding the reactor.

The ITER project dates back to an agreement between US President Ronald Reagan and Soviet President Mikhail Gorbachev in the 1980s, which was formalized in 2006. Besides Euratom, Russia, the USA, China, Japan, India and South Korea are participating in the project.

Climate or science project

The EU covers 45 percent of the funding. Since 2019, it has accounted for this money as climate financing, as decided by the Council. “Regarding ITER’s place in energy policy and decarbonization, […] although it does not contribute directly to energy and climate targets in the short- to medium-term, its potential role in the decarbonization of the energy landscape post-2050 is very significant,” reads the draft EU budget for 2023.

The hope of a clean energy mix after 2050 also hangs on ITER, says Hartmut Zohm, a physicist at the Max Planck Institute for Plasma Physics. Zohm specializes in tokamak reactors: “If we assume that we won’t manage to cover 100 percent of our needs worldwide with wind and sun, then we need a non-fossil source for the base load: That leaves nuclear fission and nuclear fusion.”

Unlike fission reactors, nuclear fusion does not use uranium, but tritium, whose radioactivity decreases after twelve years. Nevertheless, there is a risk that radioactive hydrogen could leak into the environment when the reactor is in operation.

However, Zohm also says, “ITER is first and foremost a scientific project.” It will demonstrate that a plasma is self-sustaining once ignited. The experimental reactor will never generate electricity. Only the energy balance in the plasma will be positive: ITER is expected to release ten times as much fusion energy as is needed to start the fusion reaction. That shows scientifically that the plasma burns, Zohm said. “Then, if you want to generate electricity with it and get net energy out of it, you have to increase the fusion power even more, for example by enlarging the machine or increasing the magnetic field.”

Commission defends ITER

The EU Commission has spent around a million euros on a wide variety of studies in recent years to work out the economic added value of the experimental reactor. A 2018 study on the impact of ITER activities in the EU, for example, says: “Whilst the goal is to contribute to the development of a commercial fusion power technology this remains so far into the future that it is not a key driver for ITER.” And, it “is not realistic to expect any substantial contribution of ITER and DEMO to the 2050 European energy and climate targets.”

The reasons why Brussels is billing the ITER money as climate spending may lie elsewhere. Even under the last budget, the EU failed to meet the 20 percent climate spending target it had set for itself, the European Court of Auditors criticized in a 2022 report. The auditors expressed concern that climate targets will not be met in the current budget either. “Not all the reported climate-related spending under the EU budget was actually relevant to climate action. That is why we make several recommendations to better link the EU’s expenditure to its climate and energy objectives,” the auditors concluded. They did not comment on the extent to which that applied to ITER, because contributions were not yet considered climate finance in the last budget.

Costly delays

Meanwhile, ITER’s cost simulation is based on an outdated projection from 2016, and a new calculation regarding the cost and schedule is in the works, confirms a spokesperson for the ITER Organization. Significant delays have occurred in recent years, not least due to the Covid pandemic. According to the last official schedule, the first plasma was supposed to be ignited in December 2025. Experiments with tritium and deuterium were scheduled for 2035. That timeline is no longer realistic, the spokesman said.

The war in Ukraine is also throwing off the schedule. Russia is one of the ITER states: One of ITER’s central components, a giant magnet, was manufactured under the supervision of the Russian nuclear agency Rosatom: 200 tons in weight, 9 meters in diameter. Production time: about ten years.

This is one of the reasons why the reactor project is one of the few exceptions to the EU sanctions against Moscow. The ship with the magnet from St. Petersburg arrived in Marseille in mid-February. About 70 Russian scientists are currently working in Cadarache. ITER is not a political agency; Russia has promised to honor its commitments, it is said. Criticism, if any, is hidden. The 2023 EU budget speaks of a “reputational risk”. Meanwhile, the ITER treaty does not even provide for the withdrawal of a partner country.

Criticism from nuclear regulator

However, the delays of the ITER project are also the result of problems with the French nuclear regulator ASN. Their protocols speak of a “lack of safety culture,” “nonconformities that have not been fixed,” and “difficulties in obtaining information and documents.” That is a strong criticism, admits Mathieu Masson, Deputy Head of ASN’s Marseille Section and responsible for ITER controls. He explains, “What we call ‘safety culture’ is the ability of the operator to manage the risks inherent in its activity.” Currently, he says, ITER is in the construction phase, so safety challenges are low. “But we need to be sure that risk management for design and construction phases is satisfactory before irreversible construction operations are due,” Masson urges.

One such construction operation is the assembly of the vacuum vessel in which the magnetic field required for plasma fusion is generated. Here, construction is at a standstill because the necessary parts show significant deviations. The reason: The parts come from different manufacturers on different continents. “This is perhaps in the spirit of each ITER partner learning the technology,” says Hartmut Zohm. However, he says, it is not efficient. “An industry would never think of having four wheels for the same car built by four manufacturers on three continents.”

Zohm criticizes that the ITER team in Cadarache has no control over the manufacturers. The engineers can only check whether components are compliant and fit once they arrive in Cadarache. With expensive consequences, as some parts now have to be adapted or repaired before the ASN gives the green light for assembly.

Knowledge flows into DEMO

One of the problems is that the project is simultaneously being planned and built due to its complex technical requirements and the variety of suppliers, says Mathieu Rasson of the French regulatory authority. That would make it more difficult for the operator to keep track of the configuration.

However, this also means that the construction of ITER is a constant learning process, emphasizes Hartmut Zohm: “We are building a machine of unprecedented complexity. With solutions that have never existed before.” One is already learning what works and what does not work with the technology. The knowledge gained is enormous, even before the start of operation, he says. This knowledge will also be used in the design of the DEMO reactor, which will also generate electricity for the first time. Construction is to start after the ITER project. Date: uncertain.

  • Climate & Environment
  • Climate Policy
  • Energy Transition
  • ITER
  • Nuclear Fusion

News

Germany launches funding for industrial cloud project

The German Ministry for Economic Affairs and Climate Action approved the first sub-project of the EU program IPCEI-CIS for strengthening cloud and edge computing capacities in the EU ahead of schedule on Friday. This means that the software company SAP can begin its project even before the EU Commission’s final state aid decision.

The IPCEI (Project of Common European Interest) is an aid instrument with which member states can support pan-European innovation projects. In this case, industrial cloud. The IPCEI-CIS involves 150 companies and research institutions from twelve member states. SAP’s project is the first of a total of 22 German projects. The EU project aims to create a uniform infrastructure for real-time data exchange.

SAP’s project is about developing open reference architectures (ORA) for a pan-European cloud edge infrastructure. Other cloud providers and IT service providers should then be able to use the corresponding building blocks in their data centers.

More resilience and digital sovereignty

German Economy Minister Robert Habeck (Greens) called the industrial cloud a key project for greater resilience and stronger digital sovereignty in the EU. He said the SAP project could lay an important foundation for the overall project and various sub-projects. “The rapid approval of the IPCEI Industrial Cloud under state aid law is then the next step and is a high priority for me,” Habeck said.

The digital association Bitkom called the start of funding an important impetus for industrial policy. Now, however, all other subprojects must be implemented quickly. “It is crucial that we manage to better network the decentralized and regionally distributed providers of cloud and edge solutions in Europe and advance open and inclusive standards,” said Bitkom President Achim Berg. vis

  • IPCEI

Data Act: Trilogue begins in late March

On Friday, the Committee of Permanent Representatives of the EU Member States (Coreper) agreed on a common position on the Data Act. This gives the Council a mandate for negotiations with the EU Parliament. The first, mainly organizational, date for the trilogue is March 29. The substantive negotiations are scheduled for April 4. The Parliament had already issued its negotiating mandate in mid-March.

The Council’s common position (published by Contexte) differs only slightly from the Swedish Presidency’s sixth compromise paper. There was an amendment clarifying that the text does not affect national or European legislation on data access for scientific reasons.

Germany sees need for improvements

However, the text differs significantly from the Commission proposal. The most important changes are:

  • Clearer definition of the scope of the regulation: With regard to data from the Internet of Things, the Council has shifted the focus from the products themselves to the functions of the data collected by the networked products.
  • Clarifications on the interplay between the Data Act and existing legislation such as the Data Governance Act and the GDPR: Germany also attached importance to this.
  • Protection of trade secrets and intellectual property rights, supplemented by appropriate safeguards against misconduct: This topic was of key importance to Germany’s industry.
  • Additional guidance regarding appropriate compensation for providing the data and dispute resolution mechanisms.
  • Fine-tuning data sharing requests from government agencies in exceptional circumstances.
  • Clearer and more generally applicable provisions regarding switching cloud service providers.

But even though the member states have now found a common position, the German government still sees room for improvement. In particular – but not exclusively – these concern trade secrets and the right of public authorities to access data outside of public emergencies. Both will now also be the subject of negotiations with Parliament. vis

  • Data Act
  • Data protection
  • Digital policy
  • Trilog

TikTok: France bans use on all staff phones

TikTok is now also banned on staff phones in France’s public sector. On Friday, the responsible ministry announced that “downloading and installation of recreational applications on official cell phones” is prohibited with immediate effect. Apps such as TikTok allegedly do not have sufficient cybersecurity and data protection to be used on government devices.

France is following the example of the USA, Germany and the UK with its ban on TikTok on staff devices. It currently also applies to the EU Commission’s cell phones. In the USA, politicians are even discussing a complete ban on TikTok, but civil rights organizations are warning against this.

Stomach pains for German constitutional protection

The German Federal Office for the Protection of the Constitution also sees considerable risks in the use of TikTok. Looking at the volume of data and content at TikTok and then considering what influence state agencies have on such companies causes him “stomach pains,” the vice president of Germany’s domestic intelligence agency, Sinan Selen, said in Berlin. He criticized that it was not clear enough to what extent state agencies could gain access, especially in China. “I think that’s the core problem with the whole thing.” He believes companies such as TikTok are unable to avoid such influence.

While German Interior Minister Nancy Faeser sees no grounds for a general ban of the short video app in Germany, US President Joe Biden is demanding that the Chinese parent company ByteDance sell TikTok in order to avert a ban. However, it is also unclear how such a ban could be implemented in the US. The corresponding decrees of Biden’s predecessor Donald Trump also failed in court because they violated freedom of speech.

Access Now sees risk to freedom of expression

On Friday, TikTok and China again rejected U.S. accusations of data espionage. The government in Beijing attaches great importance to data protection and security, its foreign ministry said on Friday. It was responding to the recent hearing of TikTok chief Shou Zi Chew before the US Congress. China vowed to never have and will never ask companies to disclose data.

The nonprofit organization Access Now, which works to defend digital civil liberties, warned against a TikTok ban. It said banning a single app would not stop the systematic collection of data that undermines privacy and democracy worldwide. Blocking communications platforms that millions of people use is an extreme measure that rarely meets the principles of legality, proportionality or necessity, it said. Rather, large-scale blocking would threaten freedom of expression and democracy worldwide. vis with dpa

  • EU
  • European Commission

Nuclear weapons in Belarus: Poland sees European peace threatened

Poland has strongly criticized Russian President Vladimir Putin’s announcement of the deployment of tactical nuclear weapons in their common neighbor Belarus. “We condemn this amplifying of the threat to peace in Europe and the world,” a foreign ministry spokesman in Warsaw said Sunday, according to the PAP agency.

Lithuania’s Minister of Defense Arvydas Anusauskas, on the other hand, reacted calmly to the announcement from the Kremlin. With this, Russian President Vladimir Putin would aim to intimidate the countries that support Ukraine, Anusauskas wrote on Facebook on Sunday. According to the minister of the Baltic EU and NATO country, no special reaction should be made in response to the Russian plans.

“The protection of NATO countries against the threat of nuclear weapons is ensured regardless of whether these weapons are deployed to the West of our borders (Kaliningrad region), to the east (Belarus), or the north (Leningrad region),” Anusauskas wrote. Lithuania borders Russia’s exclave of Kaliningrad as well as Russia’s ally Belarus. dpa

  • Poland

ECB expects lower growth and inflation rates

The European Central Bank (ECB) believes that the recent turmoil in the banking sector could lead to lower growth and inflation rates. Its Vice President Luis de Guindos said. “Our impression is that they will lead to an additional tightening of credit standards in the euro area. And perhaps this will feed through to the economy in terms of lower growth and lower inflation,” he told the Business Post.

Government agencies and central banks around the world are on high alert after the collapses of Silicon Valley Bank and Signature Bank in the US and last week’s bailout of Credit Suisse.

After the Swiss government brokered the takeover of Credit Suisse by Zurich-based rival UBS, Deutsche Bank became the focus of investors’ attention. Shares in Germany’s largest bank fell 8.5 percent Friday, the cost of insuring its bonds against the risk of default jumped and the index of major European bank stocks fell. rtr

  • European policy
  • EZB
  • Financial policy

Heads

Friedrich von Heusinger – ambassador of Hesse in Brussels

Friedrich von Heusinger leitet seit 2005 die hessische Landesvertretung in Brüssel.
Friedrich von Heusinger has headed the Hessian representation in Brussels since 2005.

The career decision was made during a train ride from Munich to Erlangen. Friedrich von Heusinger had just successfully passed the second state law examination and already agreed to accept a judgeship in Traunstein. Then came the offer from the Bavarian Ministry of Social Affairs. “I changed my mind overnight,” says Heusinger. “That’s how I came to Europe.” In the meantime, the current head of the Hessian state representation, has been in Brussels for more than 30 years.

At first, he didn’t even know that the position would involve Europe. What drew him to the position in the policy department of the Bavarian Ministry of Social Affairs was similar to why he originally wanted to become a judge: To shape law and be able to help decide how it is applied. “The policy department of the Ministry of Social Affairs offered me even greater scope for this,” explains Heusinger. And in the Europe department, this was particularly broad. “Today, about 80 percent of political decisions affecting German domestic policy are decided or influenced by Brussels.”

The first employee in the European department

Heusinger was well prepared when he took up his post at the Ministry of Social Affairs in Munich in January 1989 in his early 30s. In law school at the University of Erlangen-Nuremberg, he had taken an elective course in European and international law. “At the time, it was exotic,” Heusinger recalls. “Today, European law is a mandatory subject.”

He became the first employee in the newly formed Europe department. “A stroke of luck,” says Heusinger, because he was able to help set up the department. His task was to explain what was coming from Brussels and what it meant for Bavaria. And, as he had hoped, he also became a shaper of the law, representing Bavaria in the working group of the German states on European labor and social policy. “That was exciting,” he recalls.

It was only logical that he soon wished to go to Brussels. He seized the opportunity when it presented itself. In 1991, he moved to the Bavarian representation in Brussels. He already knew his colleagues there. Until 2001, he was the Bavarian Ministry of Social Affairs’ mirror officer at the EU. After that, he was deputy head of the representation for four years.

Brussels works differently

“You cannot make European policy without knowing how Brussels works,” Heusinger says today. This begins with the perception, which is European and not German, and also affects working methods. The Commission always makes decisions as a collegiate body – this also distinguishes the Berlaymont system from the German federal government.

In 2005, another exciting opportunity arose for Heusinger, who was born in 1958 in Hesse: The Hessian state representation was looking for a new director. “As a child of the state, you always look at your state representation,” says Heusinger. He probably would not have applied for any other state representation. “It does help to have a close connection to the region you represent.”

Switch from Bavaria to Hesse

This is how Heusinger made an unusual move from Bavaria to Hesse – within Brussels. He has now been Hesse’s ambassador to the European capital for 18 years – making him one of the longest-serving state representatives. Nevertheless, “I still find Brussels complicated,” says Heusinger. At least he has built up such a resilient network over the years that he always knows who to turn to.

By the same token, the Commission officials also find Germany complicated. “Many didn’t know the importance of the federal states in Germany,” explains Heusinger. Yet Hesse’s importance in Europe is not so small. After all, Hesse has a larger population than twelve EU members, and Hesse’s gross domestic product per capita in 2021, at 48,200 euros, was between Finland (45,600 euros) and the Netherlands (49,000 euros).

Heusinger: ‘We are not lobbyists’

Heusinger does not see himself as a lobbyist. Still, just like them, he tries to meet the relevant people as early as possible and get involved when an issue becomes of interest to Hesse. “We offer information and always seek dialogue, all the way up to the Commissioners’ cabinets.” He has never stood in front of closed doors, says Heusinger.

But Hesse’s ambassador to the EU does not only go to the people, he also invites them into his own home. The Hessian representation at Rue Montoyer 21 in the heart of the European Quarter is a meeting place. More than 1,200 appointments are held here each year, including 70 to 80 major events. In 2019 – before the pandemic – 25,000 guests attended. The house wants to be a platform, a door opener.

The multi-region house as a unique feature

The Hessian State Representation is set up as a multi-region house and includes the regions of Hesse, Nouvelle Aquitaine (France), Emilia-Romagna (Italy) and Wielkopolska (Poland) under one roof. In addition, a number of European representations of companies and organizations. “The multi-region house is a unique selling point,” Heusinger emphasizes. “We present ourselves to the EU together with four regions and are thus perceived differently than other German states.”

Europe has grown close to Heusinger’s heart. For more than 30 years, he has been shaping European policy, up to and including saving the term cider, which was actually supposed to be deleted during the reform of the wine market regulation. What he has not been successful at? “Bringing European banking supervision to Frankfurt.” Instead, Heusinger is now trying to get the anti-money laundering authority Amla to come to Germany.

Today, one of Heusinger’s daughters and two granddaughters also live in Brussels. This is another reason why he wants to stay loyal to the city after his retirement on July 1, 2024. As a retiree, he will have more time to relax with a nice movie or a historical novel and a glass of wine. Corinna Visser

  • European policy

Europe.Table Editorial Office

EUROPE.TABLE EDITORS

Licenses:
    Dear reader,

    In the night from Saturday to Sunday, the clocks were once again advanced to summer time. And once again, the question arises as to when the change between summer and winter time will end. In fact, the EU already announced in 2018 to abolish the seasonal time changes. Since then, the ball has been in the court of the EU member states. Last week, a Commission spokesperson once again stated that there was nothing new in this matter. It will probably take a little more time.

    A lot of time was lost in the dispute between German Transport Minister Volker Wissing and Climate Commissioner Frans Timmermans over the phase-out of internal combustion vehicles in 2035. Now, the dispute has been settled. Wissing withdraws his blockade and in return gets the promise that the Commission will give “e-fuels only” cars a chance. However, this promise is not as legally binding as the Transport Minister is making it out to be.

    The construction of the nuclear fusion reactor ITER in southern France is also taking a long time and is costing the EU billions. The money is being chalked up as climate financing, because the hope of a clean energy mix hangs on nuclear fusion. Yet the experimental reactor itself will probably never generate electricity, reports Charlotte Wirth.

    In today’s profile we have the Hessian ambassador to the EU, Friedrich von Heusinger, who has been in Brussels for over 30 years and yet sometimes finds the city and the European institutions complicated.

    Your
    Lukas Knigge
    Image of Lukas  Knigge

    Feature

    Combustion engine dispute: no legal certainty despite agreement

    In the dispute over the end of the internal combustion engine, the German Free Democratic Party (FDP) always demanded legal certainty that “e-fuels only” vehicles could also be registered after 2035. A corresponding demand was indeed included in a recital of the tightened EU fleet standards, which stipulate CO2 reduction targets for car manufacturers. But Climate Commissioner Frans Timmermans already stressed in June last year that it was up to the Commission whether or not to present such a proposal. That was not enough for the FDP, which was the reason for their rebellion.

    Even the agreement reached over the weekend does not create the legal certainty that German Transport Minister Volker Wissing demanded. MEPs from the SPD, CDU and Greens are already expressing considerable doubts about whether the compromise between Wissing and Timmermans can be put into practice.

    No legal basis for delegated act

    According to the German Federal Ministry of Transport, the agreement states:

    • The text of the trilogue agreement is adopted unchanged.
    • The EU Commission is creating a new vehicle category within the Euro 6 type approval for internal combustion vehicles that can be fuelled exclusively with synthetic fuels with an implementing act.
    • Subsequently, the Commission is to integrate this vehicle category into the fleet regulation via a delegated act.

    The last step would mean that manufacturers of “e-fuels only” cars could count them towards achieving their CO2 reduction targets. But the Commission could lack the legal basis for a delegated act. The co-legislators European Parliament and Council must allow the Commission to clarify certain details of a law via delegated acts. In the case of the combustion car phase-out law, this permission is not in the current text. MEPs like Michael Bloss (Greens) have therefore already announced the legal examination and, if necessary, an action before the European Court of Justice if the delegated act is coming.

    The CDU MEP Peter Liese opposes the combustion engine ban in substance, but doubts the legality of the construct: “Nine out of ten lawyers will say that it is not possible,” he told Table.Media. So the delegated act could be overturned by the ECJ. Liese says that the Commission itself also assumes that the whole thing is not legally watertight.

    Alternative: ordinary legislative procedure

    In this case, the Commission and the German Federal Ministry of Transport have agreed that instead of a delegated act, an ordinary revision of the EU fleet regulation would take place. This would mean a say for the Parliament and the member states. Both co-legislators would thus be in a position to prevent an exemption for e-fuels from the combustion engine phase-out.

    Moreover, this process takes time and will probably not be completed before the spring 2024 European elections. The Ministry of Transport itself is expecting this to happen in autumn 2024. However, the Commission’s promise to integrate “e-fuels only” cars into fleet regulation via a proper legislative procedure if necessary is not legally binding, said Bloss. The next EU Commission would not have to abide by it.

    In any case, the current text of the law already stipulates a review of the law in 2026. How extensively the law will then be revised is up to the next EU Commission and the next EU Parliament and the member states. The bottom line is that although Wissing has wrested a clearer declaration of intent from Timmermans than before, it is not a guarantee that combustion vehicles can still be registered after 2035 – with or without e-fuels.

    One thing is for sure: The blockade of the German FDP has been resolved. The EU ambassadors will schedule a new vote early this week in order to complete the formal adoption at the ministerial level at the Energy Council on Tuesday (28 March).

    • Climate & Environment
    • European policy
    • Transport policy

    ITER nuclear fusion reactor: climate funding for science project

    Construction site of the ITER nuclear research center in Cadarache, southern France.

    The nuclear fusion reactor ITER will cost at least 22 billion euros. The reactor is being built in Cadarache in southern France and is intended to pave the way for electricity generation from nuclear fusion. “By the end of this century, as fossil fuels will be phasing out of the energy mix, fusion could become a suitable complement to energy from renewables,” the EU Commission wrote in a communication in 2017. The EU is digging deep into its pockets for this. In the financial budget 2021-2027 alone, 5.6 billion are earmarked for funding the reactor.

    The ITER project dates back to an agreement between US President Ronald Reagan and Soviet President Mikhail Gorbachev in the 1980s, which was formalized in 2006. Besides Euratom, Russia, the USA, China, Japan, India and South Korea are participating in the project.

    Climate or science project

    The EU covers 45 percent of the funding. Since 2019, it has accounted for this money as climate financing, as decided by the Council. “Regarding ITER’s place in energy policy and decarbonization, […] although it does not contribute directly to energy and climate targets in the short- to medium-term, its potential role in the decarbonization of the energy landscape post-2050 is very significant,” reads the draft EU budget for 2023.

    The hope of a clean energy mix after 2050 also hangs on ITER, says Hartmut Zohm, a physicist at the Max Planck Institute for Plasma Physics. Zohm specializes in tokamak reactors: “If we assume that we won’t manage to cover 100 percent of our needs worldwide with wind and sun, then we need a non-fossil source for the base load: That leaves nuclear fission and nuclear fusion.”

    Unlike fission reactors, nuclear fusion does not use uranium, but tritium, whose radioactivity decreases after twelve years. Nevertheless, there is a risk that radioactive hydrogen could leak into the environment when the reactor is in operation.

    However, Zohm also says, “ITER is first and foremost a scientific project.” It will demonstrate that a plasma is self-sustaining once ignited. The experimental reactor will never generate electricity. Only the energy balance in the plasma will be positive: ITER is expected to release ten times as much fusion energy as is needed to start the fusion reaction. That shows scientifically that the plasma burns, Zohm said. “Then, if you want to generate electricity with it and get net energy out of it, you have to increase the fusion power even more, for example by enlarging the machine or increasing the magnetic field.”

    Commission defends ITER

    The EU Commission has spent around a million euros on a wide variety of studies in recent years to work out the economic added value of the experimental reactor. A 2018 study on the impact of ITER activities in the EU, for example, says: “Whilst the goal is to contribute to the development of a commercial fusion power technology this remains so far into the future that it is not a key driver for ITER.” And, it “is not realistic to expect any substantial contribution of ITER and DEMO to the 2050 European energy and climate targets.”

    The reasons why Brussels is billing the ITER money as climate spending may lie elsewhere. Even under the last budget, the EU failed to meet the 20 percent climate spending target it had set for itself, the European Court of Auditors criticized in a 2022 report. The auditors expressed concern that climate targets will not be met in the current budget either. “Not all the reported climate-related spending under the EU budget was actually relevant to climate action. That is why we make several recommendations to better link the EU’s expenditure to its climate and energy objectives,” the auditors concluded. They did not comment on the extent to which that applied to ITER, because contributions were not yet considered climate finance in the last budget.

    Costly delays

    Meanwhile, ITER’s cost simulation is based on an outdated projection from 2016, and a new calculation regarding the cost and schedule is in the works, confirms a spokesperson for the ITER Organization. Significant delays have occurred in recent years, not least due to the Covid pandemic. According to the last official schedule, the first plasma was supposed to be ignited in December 2025. Experiments with tritium and deuterium were scheduled for 2035. That timeline is no longer realistic, the spokesman said.

    The war in Ukraine is also throwing off the schedule. Russia is one of the ITER states: One of ITER’s central components, a giant magnet, was manufactured under the supervision of the Russian nuclear agency Rosatom: 200 tons in weight, 9 meters in diameter. Production time: about ten years.

    This is one of the reasons why the reactor project is one of the few exceptions to the EU sanctions against Moscow. The ship with the magnet from St. Petersburg arrived in Marseille in mid-February. About 70 Russian scientists are currently working in Cadarache. ITER is not a political agency; Russia has promised to honor its commitments, it is said. Criticism, if any, is hidden. The 2023 EU budget speaks of a “reputational risk”. Meanwhile, the ITER treaty does not even provide for the withdrawal of a partner country.

    Criticism from nuclear regulator

    However, the delays of the ITER project are also the result of problems with the French nuclear regulator ASN. Their protocols speak of a “lack of safety culture,” “nonconformities that have not been fixed,” and “difficulties in obtaining information and documents.” That is a strong criticism, admits Mathieu Masson, Deputy Head of ASN’s Marseille Section and responsible for ITER controls. He explains, “What we call ‘safety culture’ is the ability of the operator to manage the risks inherent in its activity.” Currently, he says, ITER is in the construction phase, so safety challenges are low. “But we need to be sure that risk management for design and construction phases is satisfactory before irreversible construction operations are due,” Masson urges.

    One such construction operation is the assembly of the vacuum vessel in which the magnetic field required for plasma fusion is generated. Here, construction is at a standstill because the necessary parts show significant deviations. The reason: The parts come from different manufacturers on different continents. “This is perhaps in the spirit of each ITER partner learning the technology,” says Hartmut Zohm. However, he says, it is not efficient. “An industry would never think of having four wheels for the same car built by four manufacturers on three continents.”

    Zohm criticizes that the ITER team in Cadarache has no control over the manufacturers. The engineers can only check whether components are compliant and fit once they arrive in Cadarache. With expensive consequences, as some parts now have to be adapted or repaired before the ASN gives the green light for assembly.

    Knowledge flows into DEMO

    One of the problems is that the project is simultaneously being planned and built due to its complex technical requirements and the variety of suppliers, says Mathieu Rasson of the French regulatory authority. That would make it more difficult for the operator to keep track of the configuration.

    However, this also means that the construction of ITER is a constant learning process, emphasizes Hartmut Zohm: “We are building a machine of unprecedented complexity. With solutions that have never existed before.” One is already learning what works and what does not work with the technology. The knowledge gained is enormous, even before the start of operation, he says. This knowledge will also be used in the design of the DEMO reactor, which will also generate electricity for the first time. Construction is to start after the ITER project. Date: uncertain.

    • Climate & Environment
    • Climate Policy
    • Energy Transition
    • ITER
    • Nuclear Fusion

    News

    Germany launches funding for industrial cloud project

    The German Ministry for Economic Affairs and Climate Action approved the first sub-project of the EU program IPCEI-CIS for strengthening cloud and edge computing capacities in the EU ahead of schedule on Friday. This means that the software company SAP can begin its project even before the EU Commission’s final state aid decision.

    The IPCEI (Project of Common European Interest) is an aid instrument with which member states can support pan-European innovation projects. In this case, industrial cloud. The IPCEI-CIS involves 150 companies and research institutions from twelve member states. SAP’s project is the first of a total of 22 German projects. The EU project aims to create a uniform infrastructure for real-time data exchange.

    SAP’s project is about developing open reference architectures (ORA) for a pan-European cloud edge infrastructure. Other cloud providers and IT service providers should then be able to use the corresponding building blocks in their data centers.

    More resilience and digital sovereignty

    German Economy Minister Robert Habeck (Greens) called the industrial cloud a key project for greater resilience and stronger digital sovereignty in the EU. He said the SAP project could lay an important foundation for the overall project and various sub-projects. “The rapid approval of the IPCEI Industrial Cloud under state aid law is then the next step and is a high priority for me,” Habeck said.

    The digital association Bitkom called the start of funding an important impetus for industrial policy. Now, however, all other subprojects must be implemented quickly. “It is crucial that we manage to better network the decentralized and regionally distributed providers of cloud and edge solutions in Europe and advance open and inclusive standards,” said Bitkom President Achim Berg. vis

    • IPCEI

    Data Act: Trilogue begins in late March

    On Friday, the Committee of Permanent Representatives of the EU Member States (Coreper) agreed on a common position on the Data Act. This gives the Council a mandate for negotiations with the EU Parliament. The first, mainly organizational, date for the trilogue is March 29. The substantive negotiations are scheduled for April 4. The Parliament had already issued its negotiating mandate in mid-March.

    The Council’s common position (published by Contexte) differs only slightly from the Swedish Presidency’s sixth compromise paper. There was an amendment clarifying that the text does not affect national or European legislation on data access for scientific reasons.

    Germany sees need for improvements

    However, the text differs significantly from the Commission proposal. The most important changes are:

    • Clearer definition of the scope of the regulation: With regard to data from the Internet of Things, the Council has shifted the focus from the products themselves to the functions of the data collected by the networked products.
    • Clarifications on the interplay between the Data Act and existing legislation such as the Data Governance Act and the GDPR: Germany also attached importance to this.
    • Protection of trade secrets and intellectual property rights, supplemented by appropriate safeguards against misconduct: This topic was of key importance to Germany’s industry.
    • Additional guidance regarding appropriate compensation for providing the data and dispute resolution mechanisms.
    • Fine-tuning data sharing requests from government agencies in exceptional circumstances.
    • Clearer and more generally applicable provisions regarding switching cloud service providers.

    But even though the member states have now found a common position, the German government still sees room for improvement. In particular – but not exclusively – these concern trade secrets and the right of public authorities to access data outside of public emergencies. Both will now also be the subject of negotiations with Parliament. vis

    • Data Act
    • Data protection
    • Digital policy
    • Trilog

    TikTok: France bans use on all staff phones

    TikTok is now also banned on staff phones in France’s public sector. On Friday, the responsible ministry announced that “downloading and installation of recreational applications on official cell phones” is prohibited with immediate effect. Apps such as TikTok allegedly do not have sufficient cybersecurity and data protection to be used on government devices.

    France is following the example of the USA, Germany and the UK with its ban on TikTok on staff devices. It currently also applies to the EU Commission’s cell phones. In the USA, politicians are even discussing a complete ban on TikTok, but civil rights organizations are warning against this.

    Stomach pains for German constitutional protection

    The German Federal Office for the Protection of the Constitution also sees considerable risks in the use of TikTok. Looking at the volume of data and content at TikTok and then considering what influence state agencies have on such companies causes him “stomach pains,” the vice president of Germany’s domestic intelligence agency, Sinan Selen, said in Berlin. He criticized that it was not clear enough to what extent state agencies could gain access, especially in China. “I think that’s the core problem with the whole thing.” He believes companies such as TikTok are unable to avoid such influence.

    While German Interior Minister Nancy Faeser sees no grounds for a general ban of the short video app in Germany, US President Joe Biden is demanding that the Chinese parent company ByteDance sell TikTok in order to avert a ban. However, it is also unclear how such a ban could be implemented in the US. The corresponding decrees of Biden’s predecessor Donald Trump also failed in court because they violated freedom of speech.

    Access Now sees risk to freedom of expression

    On Friday, TikTok and China again rejected U.S. accusations of data espionage. The government in Beijing attaches great importance to data protection and security, its foreign ministry said on Friday. It was responding to the recent hearing of TikTok chief Shou Zi Chew before the US Congress. China vowed to never have and will never ask companies to disclose data.

    The nonprofit organization Access Now, which works to defend digital civil liberties, warned against a TikTok ban. It said banning a single app would not stop the systematic collection of data that undermines privacy and democracy worldwide. Blocking communications platforms that millions of people use is an extreme measure that rarely meets the principles of legality, proportionality or necessity, it said. Rather, large-scale blocking would threaten freedom of expression and democracy worldwide. vis with dpa

    • EU
    • European Commission

    Nuclear weapons in Belarus: Poland sees European peace threatened

    Poland has strongly criticized Russian President Vladimir Putin’s announcement of the deployment of tactical nuclear weapons in their common neighbor Belarus. “We condemn this amplifying of the threat to peace in Europe and the world,” a foreign ministry spokesman in Warsaw said Sunday, according to the PAP agency.

    Lithuania’s Minister of Defense Arvydas Anusauskas, on the other hand, reacted calmly to the announcement from the Kremlin. With this, Russian President Vladimir Putin would aim to intimidate the countries that support Ukraine, Anusauskas wrote on Facebook on Sunday. According to the minister of the Baltic EU and NATO country, no special reaction should be made in response to the Russian plans.

    “The protection of NATO countries against the threat of nuclear weapons is ensured regardless of whether these weapons are deployed to the West of our borders (Kaliningrad region), to the east (Belarus), or the north (Leningrad region),” Anusauskas wrote. Lithuania borders Russia’s exclave of Kaliningrad as well as Russia’s ally Belarus. dpa

    • Poland

    ECB expects lower growth and inflation rates

    The European Central Bank (ECB) believes that the recent turmoil in the banking sector could lead to lower growth and inflation rates. Its Vice President Luis de Guindos said. “Our impression is that they will lead to an additional tightening of credit standards in the euro area. And perhaps this will feed through to the economy in terms of lower growth and lower inflation,” he told the Business Post.

    Government agencies and central banks around the world are on high alert after the collapses of Silicon Valley Bank and Signature Bank in the US and last week’s bailout of Credit Suisse.

    After the Swiss government brokered the takeover of Credit Suisse by Zurich-based rival UBS, Deutsche Bank became the focus of investors’ attention. Shares in Germany’s largest bank fell 8.5 percent Friday, the cost of insuring its bonds against the risk of default jumped and the index of major European bank stocks fell. rtr

    • European policy
    • EZB
    • Financial policy

    Heads

    Friedrich von Heusinger – ambassador of Hesse in Brussels

    Friedrich von Heusinger leitet seit 2005 die hessische Landesvertretung in Brüssel.
    Friedrich von Heusinger has headed the Hessian representation in Brussels since 2005.

    The career decision was made during a train ride from Munich to Erlangen. Friedrich von Heusinger had just successfully passed the second state law examination and already agreed to accept a judgeship in Traunstein. Then came the offer from the Bavarian Ministry of Social Affairs. “I changed my mind overnight,” says Heusinger. “That’s how I came to Europe.” In the meantime, the current head of the Hessian state representation, has been in Brussels for more than 30 years.

    At first, he didn’t even know that the position would involve Europe. What drew him to the position in the policy department of the Bavarian Ministry of Social Affairs was similar to why he originally wanted to become a judge: To shape law and be able to help decide how it is applied. “The policy department of the Ministry of Social Affairs offered me even greater scope for this,” explains Heusinger. And in the Europe department, this was particularly broad. “Today, about 80 percent of political decisions affecting German domestic policy are decided or influenced by Brussels.”

    The first employee in the European department

    Heusinger was well prepared when he took up his post at the Ministry of Social Affairs in Munich in January 1989 in his early 30s. In law school at the University of Erlangen-Nuremberg, he had taken an elective course in European and international law. “At the time, it was exotic,” Heusinger recalls. “Today, European law is a mandatory subject.”

    He became the first employee in the newly formed Europe department. “A stroke of luck,” says Heusinger, because he was able to help set up the department. His task was to explain what was coming from Brussels and what it meant for Bavaria. And, as he had hoped, he also became a shaper of the law, representing Bavaria in the working group of the German states on European labor and social policy. “That was exciting,” he recalls.

    It was only logical that he soon wished to go to Brussels. He seized the opportunity when it presented itself. In 1991, he moved to the Bavarian representation in Brussels. He already knew his colleagues there. Until 2001, he was the Bavarian Ministry of Social Affairs’ mirror officer at the EU. After that, he was deputy head of the representation for four years.

    Brussels works differently

    “You cannot make European policy without knowing how Brussels works,” Heusinger says today. This begins with the perception, which is European and not German, and also affects working methods. The Commission always makes decisions as a collegiate body – this also distinguishes the Berlaymont system from the German federal government.

    In 2005, another exciting opportunity arose for Heusinger, who was born in 1958 in Hesse: The Hessian state representation was looking for a new director. “As a child of the state, you always look at your state representation,” says Heusinger. He probably would not have applied for any other state representation. “It does help to have a close connection to the region you represent.”

    Switch from Bavaria to Hesse

    This is how Heusinger made an unusual move from Bavaria to Hesse – within Brussels. He has now been Hesse’s ambassador to the European capital for 18 years – making him one of the longest-serving state representatives. Nevertheless, “I still find Brussels complicated,” says Heusinger. At least he has built up such a resilient network over the years that he always knows who to turn to.

    By the same token, the Commission officials also find Germany complicated. “Many didn’t know the importance of the federal states in Germany,” explains Heusinger. Yet Hesse’s importance in Europe is not so small. After all, Hesse has a larger population than twelve EU members, and Hesse’s gross domestic product per capita in 2021, at 48,200 euros, was between Finland (45,600 euros) and the Netherlands (49,000 euros).

    Heusinger: ‘We are not lobbyists’

    Heusinger does not see himself as a lobbyist. Still, just like them, he tries to meet the relevant people as early as possible and get involved when an issue becomes of interest to Hesse. “We offer information and always seek dialogue, all the way up to the Commissioners’ cabinets.” He has never stood in front of closed doors, says Heusinger.

    But Hesse’s ambassador to the EU does not only go to the people, he also invites them into his own home. The Hessian representation at Rue Montoyer 21 in the heart of the European Quarter is a meeting place. More than 1,200 appointments are held here each year, including 70 to 80 major events. In 2019 – before the pandemic – 25,000 guests attended. The house wants to be a platform, a door opener.

    The multi-region house as a unique feature

    The Hessian State Representation is set up as a multi-region house and includes the regions of Hesse, Nouvelle Aquitaine (France), Emilia-Romagna (Italy) and Wielkopolska (Poland) under one roof. In addition, a number of European representations of companies and organizations. “The multi-region house is a unique selling point,” Heusinger emphasizes. “We present ourselves to the EU together with four regions and are thus perceived differently than other German states.”

    Europe has grown close to Heusinger’s heart. For more than 30 years, he has been shaping European policy, up to and including saving the term cider, which was actually supposed to be deleted during the reform of the wine market regulation. What he has not been successful at? “Bringing European banking supervision to Frankfurt.” Instead, Heusinger is now trying to get the anti-money laundering authority Amla to come to Germany.

    Today, one of Heusinger’s daughters and two granddaughters also live in Brussels. This is another reason why he wants to stay loyal to the city after his retirement on July 1, 2024. As a retiree, he will have more time to relax with a nice movie or a historical novel and a glass of wine. Corinna Visser

    • European policy

    Europe.Table Editorial Office

    EUROPE.TABLE EDITORS

    Licenses:

      Sign up now and continue reading immediately

      No credit card details required. No automatic renewal.

      Sie haben bereits das Table.Briefing Abonnement?

      Anmelden und weiterlesen