Table.Briefing: Europe

Data Act + Hydrogen + New European Minister of State

  • EU data policy
  • Hydrogen: not all that glitters is not green
  • Anna Lührmann to be new Minister of State for Europe
  • Commission wants to make joint gas reserves possible
  • CDU/CSU parliamentary group criticises traffic light coalition’s plans for Europe
  • EU chemicals strategy: industry calls for support for “massive investments
  • Privacy Shield: Jourová hopes for proposal by end of the year
  • ECB ruling in Karlsruhe: EU Commission drops proceedings against Germany
  • Consumer advocates may sue Facebook, says EU attorney general
  • FTC takes action against ARM takeover
  • France: Pécresse likely conservative candidate
  • Opinion: EU states are stonewalling on energy crisis solution
Dear reader,

With all the farewell interviews, political obituaries, and reviews of the “Merkel years” that could be read, seen, and heard in recent months, one could almost feel that the Chancellor’s long-announced departure was permanent. But now Angela Merkel is really leaving. Yesterday, the German Armed Forces said goodbye with a Great Taps. At the Chancellor’s request, the staff music corps played, among others, the Nina Hagen song “Du hast den Farbfilm vergessen” and “Für mich soll’s rote Rosen regnen” by Hildegard Knef. Merkel followed the ceremony visibly moved.

There were also political farewells in Germany’s southern neighbor. In Austria, however, things were less thoughtful: after former chancellor and ÖVP party leader Sebastian Kurz announced in the morning that he was turning his back on politics, his fellow campaigners followed suit. First, acting Chancellor Alexander Schallenberg announced his resignation, a short time later Finance Minister Gernot Blümel followed suit. “I have decided to leave politics,” said Blümel, who is considered a close confidant of Kurz. The Kurz system was considered extremely stable until recently, but now it is crumbling. According to media reports citing government circles, Interior Minister Karl Nehammer (ÖVP) is to take over the post of chancellor.

The process by which the Data Governance Act passed was rather peaceful. Now the next project is on the agenda. With the Data Act, the EU wants to promote the exchange of data and at the same time create clearer rules for data use. The potential for conflict is greater, writes Falk Steiner, capturing reactions from the business community.

In mid-December, the legislative texts with which the EU Commission wants to orient the European gas market towards hydrogen are to be presented. First drafts are already circulating and show that the focus is clearly on low-carbon fuels – such as blue hydrogen. But this is only supposedly climate-friendly, as Timo Landenberger analyses. One critic wants to recognize the “signature of the gas lobby” in the drafts.

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Sarah Schaefer
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Feature

EU data policy: the major construction site is yet to come

Europe’s data rights strategy must meet several requirements at once: On the one hand, it must guarantee the protection of European values, on the other hand, it must ensure the functioning of the markets, and thirdly, it is a geopolitical lever. The protection of personal data, primarily known under the heading of the General Data Protection Regulation, has set the style: The EU can obviously set standards so that the rest of the world has to follow them.

But since the debate about whether data is the new oil, two other aspects have also come increasingly into focus: Data as the basis of power, especially market power, and data as the raw material for economic prosperity.

With the Data Governance Act, the EU has now given itself a legal framework to promote this prosperity: It lays down the essential rules on how supply and demand are to be brought together via intermediary institutions, the data exchanges of the future – and, if possible, without encouraging the formation of new monopolies.

And the geopolitical dimension is also taken into account: the DGA contains rules under which conditions data may be transferred to third countries. Admittedly, these rules are not quite as strict as those of the General Data Protection Regulation, since data relating to individuals is already subject to the GDPR rules. However, the inspiration and intention here are hard to miss: If you want to work with Europe, you have to accept Europe’s rules.

Economy divided on Data Act

However, the regulation that will now follow and build on the DGA could be particularly important for the actual emergence of the European data market: the Data Act. On one hand, the EU wants to use this to promote the exchange of data between various participants, especially between companies, but also the state should share data and use it itself. On the other hand, the Data Act is also intended to create clearer rules for the use of data. The business community is divided or even undecided on this project.

“The data law is important for us because it should also include machine data: Industry 4.0, networked factories, and digital business models are based on data exchange,” the German Engineering Federation (VDMA), for example, informs us. “A law that seeks to regulate this data exchange must be designed with the utmost caution if there are to be no setbacks for the digitization of industry.” The approach of horizontal regulation harbors many problems, especially if very different players and industries are subjected to common standards.

There is no clearly regulated right of ownership to data – and no such right is planned with the Data Act. In contrast to personal data, the question of who may dispose of other types of data is therefore highly controversial. For example, should the owner of a car be allowed to dispose of sensor data, the car manufacturer, the manufacturer of the sensor, the supplier of the assembly, or the supplier whose operating system is installed on this end device – and whose software has read it out? Who may make this data available to whom and under what conditions? Is the owner allowed to grant access to a workshop of his choice? Or would there have to be shared rights of disposal between the parties involved?

Freedom of contract and consumer protection

At the same time, however, those involved in the mass generation and use of real data are in many cases not private individuals, but entrepreneurs. And they are basically free to structure their contractual relationships, regardless of market power, as long as this is not abused. The VDMA, for example, warns: “In the case of industrial data, the data sovereignty of companies must be strengthened above all, and investments in data generation and use must be protected. Consumer protection standards have their value, but should not be mixed up with the B2B sector.

The EU Commission is currently taking preventive action against such fears of overregulation through the Data Act: ” No one is being forced to share data. It’s about making data usable,” said Christiane Canenbley, deputy head of cabinet of Commission Vice-President Margarethe Vestager, at an event in Brussels on Thursday. “We can only really get the data economy moving forward if we have clear rules under which small and medium enterprises have good opportunities and a good legislative framework.”

In fact, more and more industries are confronted with the problem. Craftsmen are just as dependent on the manufacturers of their tools as construction companies are on the use of data, which is to play an increasingly strong role in the context of standardized construction via Building Information Modelling in order to build more efficiently, faster and more cost-effectively. And in the case of farmers, access to data is already a massively contentious issue, which is also occupying the new traffic light government in the coalition agreement. The threat of dependence on individual suppliers has been a recurring theme there for years.

Fragile interaction

Other players, however, warn against focusing too much on data generation and thus on the data producers: “A large data set alone does not create added value,” says Sabrina Caroli from the industry association Bitkom, in which the IT companies are organized. Only the targeted evaluation can tap the potential of the data. However, the evaluation is not likely to be the subject of the Data Act – but in many cases will take place within the framework of the AI Regulation.

In fact, it is already becoming apparent that the fragile interplay of the digital legislative initiatives consisting of the GDPR, DMA, DGA, DSA, AIA and, in the future, the Data Act will remain problematic. For political reasons, the latter should not touch on major problems in order not to jeopardize its adoption. The EU Commission’s proposal for this set of rules has meanwhile been postponed until the beginning of 2022. However, sectoral regulations, for example for the automotive sector, are already in the works, whose relationship to the Data Act is not least to create facts well in advance of its possible adoption.

Meanwhile, CSU MEP Markus Ferber hopes that the interlocking digital laws will eventually settle into a cozy coexistence: “I have a great amount of optimism that we won’t invent something new again now, but that overall this will fit into the set of rules we started in the area of digitalization.”

  • Data
  • Data protection
  • Digital policy
  • Digitization

Hydrogen: not all that glitters is green

Green hydrogen is supposed to do the trick. Produced by means of electrolysis processes on the basis of regenerative electricity sources, the gas is to become the climate-neutral energy source of the future for all those sectors that cannot be electrified or can only be electrified with difficulty. These include the steel and cement industries, but also parts of the transport sector.

The European Commission is trying by all means to accelerate the market ramp-up. At the European Hydrogen Week, Commission President Ursula von der Leyen announced her intention to increase the production of green hydrogen in the EU to ten million tons per year by 2030. According to a study by the Aurora Research Institute (ARI), electrolysis projects with a total capacity of more than 200 GW are planned worldwide by 2040. 85 percent of these are in Europe and 23 percent in Germany alone.

Yet, there is still a long way to go. Most of these projects are still at an early concept stage and are not economically viable. According to ARI, hydrogen electrolyzers with a total capacity of 0.2 GW, one-thousandth of what is planned, are currently in operation worldwide. In the EU, hydrogen accounts for about two percent of the energy mix. Over 90 percent of this is generated by fossil fuels. In addition, the expansion of renewable energies is rather sluggish and must be massively accelerated in view of the increasing demand for electricity in order to be available in sufficient quantities for the production of green hydrogen.

New EU gas market package

The much-awaited alternative: blue hydrogen. This is produced from natural gas, but the carbon dioxide produced in the process is captured from the air and stored (carbon capture and storage, CCS). With a new legislative package, the EU Commission wants to orient the European gas market towards hydrogen. The corresponding legislation is to be presented on December 14th.

First drafts have already been circulating since last week and put a clear focus on low-carbon fuels such as blue hydrogen. This could play an important role in the energy transition, “especially in the short and medium-term, to rapidly reduce emissions from existing fuels and support the introduction of renewable fuels such as renewable hydrogen,” the draft states.

In addition, an EU-wide certification system is to be introduced that also covers low-carbon fuels. This would allow member states to compare different decarbonization options and consider them as viable solutions in their energy mixes. To ensure that low-carbon fuels have the same impact as other renewable alternatives, the use of a “similar methodological approach based on a life-cycle assessment of total greenhouse gas emissions” is important in the certification process.

The Commission intends to set out the exact criteria for certification in a delegated act. However, the draft gas market directive states that low-carbon hydrogen is “hydrogen whose energy content comes from non-renewable sources and which complies with a greenhouse gas emission reduction threshold of [70 percent].”

The figure is based on the EU taxonomy and is still up for discussion. “The percentages will be discussed, but this is a good basis for negotiations,” says Markus Pieper, industrial policy spokesman for the CDU/CSU in the EU Parliament. “The fact that the Commission is even thinking in the direction of making low-carbon solutions possible and allowing them as transitions is already a very good sign.”

According to a study by the think tank Agora Energiewende, CO2 storage of up to 98 percent would be possible with the production of blue hydrogen. However, this figure is already considered optimistic. CCS technologies have hardly been tested yet and critics of the technology doubt that the capture and storage of CO2 can actually keep the greenhouse gas out of the atmosphere permanently. Agora is therefore calling for strict standards for the storage sites and regular monitoring and review.

Only supposedly climate-friendly

But even with a CO2 capture rate of 98 percent, blue hydrogen would be anything but low-emission. At least not when the entire value chain is taken into account. This is because the natural gas required for production consists almost exclusively of methane, which in turn is many times more harmful to the climate than carbon dioxide. The International Energy Agency (IEA) assumes that an average of 1.5 percent escapes into the atmosphere through leakage during the extraction and transport of methane worldwide. According to Agora, this would in turn lead to blue hydrogen exceeding the threshold listed in the EU taxonomy.

If one follows the argumentation of climate researchers Robert Howarth and Mark Jacobson of Cornell and Stanford Universities, who assume a leakage rate of 3.5 percent, the greenhouse gas effect of blue hydrogen would even be 20 percent higher than that of burning coal.

The announced gas market package is therefore to include a new regulation with which the EU Commission wants to get the leakage problem under control and significantly reduce emissions. According to the leaked draft, however, the new rules will primarily apply to production and transport within the EU. Only “incentives” are to be created for importers. The EU imports 90 percent of its natural gas needs from third countries.

“The drafts show the signature of the gas lobby, which refuses to take responsibility for methane emissions in its supply chain and is eyeing the lucrative hydrogen market,” Jutta Paulus (Greens) tells Europe.Table. The MEP was responsible for the EU Parliament’s own-initiative report on reducing methane emissions. In it, the parliament had already demanded that importers also be held accountable.

That things should now be different is unacceptable to Paul. “The dependence on fossil imports has led to the current energy price crisis. It would be a staircase joke if the gas market package were to exacerbate these dependencies instead of guaranteeing climate protection and affordable prices for European citizens through a clear preference for renewable energies.”

  • Climate & Environment
  • Climate protection
  • Energy
  • Hydrogen
  • Methane
  • Natural gas

News

Anna Lührmann becoming new Minister of State for Europe

Green politician Anna Lührmann is to become the new Minister of State for Europe at the Federal Foreign Office. Foreign Minister-designate Annalena Baerbock has appointed the 38-year-old to represent the German Government at the General Affairs Council.

Lührmann’s appointment is a surprise. She was not part of the Greens’ negotiating team in the coalition talks. Observers in Berlin assume that Baerbock will become more actively involved in European policy than her predecessor Heiko Maas (SPD). Lührmann would then have a supporting role.

In 2002, at the age of 19, Lührmann had been elected to the Bundestag as the youngest member in history and sat there for a time on the European Affairs Committee. After two terms, she left parliament, went abroad with her husband, the diplomat Rainer Eberle, and embarked on an academic career that took her to the University of Gothenburg as an assistant professor. In the Bundestag elections in September, she returned to the Bundestag.

Franziska Brantner, among others, had been considered as a possible Minister of State for Europe. However, the 42-year-old will now become Parliamentary State Secretary in the new Ministry for the Economy and Climate. This also makes it clear that Brantner will not run for the leadership of the Green Party.

Robert Habeck is thus further upgrading the personnel of his new ministry. With the Green Party’s federal manager Michael Kellner and the climate politician Oliver Krischer, he is bringing further political heavyweights into his ministry as parliamentary state secretaries. Baerbock in turn appoints Tobias Lindner and Katja Keul as additional ministers of state in the German Federal Foreign Office.

Lindner names his team

The FDP also announced further personnel decisions for the future traffic light government. Christian Lindner is bringing the FDP finance politicians Katja Hessel and Florian Toncar into the Federal Ministry of Finance as Parliamentary State Secretaries. According to the “Frankfurter Allgemeine Zeitung”, Steffen Saebisch is also to become a civil servant State Secretary in the Finance Ministry. He is still managing director of the Friedrich Naumann Foundation, which is close to the FDP. Christian Dürr, the current deputy leader of the FDP parliamentary group, is also to become parliamentary group leader of the Liberals in the Bundestag.

Hessel, a member of parliament from Nuremberg, used to head the Finance Committee of the Bundestag. Toncar is currently the financial policy spokesman for the FDP parliamentary group in the Bundestag and was the chairman of the Wirecard investigation committee.

As there is a separation of offices between ministerial and party posts in the Greens, new party leadership will be elected in January. Member of the Bundestag Omid Nouripour and the current deputy party leader Ricarda Lang are under discussion.

Lindner will remain the party leader of the FDP as finance minister. However, he must give up his office as parliamentary group leader, for which Dürr is now running. As the new First Parliamentary Secretary, the latter proposed FDP Vice Johannes Vogel. Vogel would succeed Marco Buschmann, who will become Federal Minister of Justice. tho/rtr

  • European policy
  • Federal Government
  • Germany
  • Robert Habeck

Commission wants to enable joint gas reserves

At a meeting of EU energy ministers on Thursday member states once again failed to find a common response to record-high energy prices. A group of countries including Spain, France, and Italy called for EU rules to protect consumers from price fluctuations and for joint gas purchases by EU countries to build up strategic reserves.

EU Energy Commissioner Kadri Simson announced that she would propose a framework enabling the joint procurement of strategic gas stocks. The Commission plans to unveil a gas market package on December 14th, including a revision of the gas security of supply regulation. “Gas will continue to play an important role in the transition to purely renewable energy,” Simson said Thursday. “Therefore, we need a more resilient framework for better functioning of the gas market. This is made clear by the current situation.”

Gas storage practices currently vary from country to country, he said, so the ability to assess risk is also limited. “That is why we need a more strategic and coordinated approach,” Simson added. The Commission will examine the extent to which joint purchases for emergency storage can contribute to price stability.

The only long-term solution, however, is to reduce dependence on imports of fossil fuels, Simson stressed. This is another reason why the expansion of renewable energies must be accelerated and energy efficiency increased as part of the Green Deal measures.

The European Union obtains 90 percent of its natural gas requirements from third countries. Increasing demand for fossil fuels as a result of the global economic recovery had driven up energy prices in recent weeks.

Some EU countries had therefore renewed their call for a reform of the electricity market design on Thursday. Others, including Germany, had already ruled out such measures, in particular a cap on electricity prices, in a joint statement ahead of the Council meeting. til/rtr

  • Electricity market
  • Energy
  • Energy policy
  • Fossil fuels
  • Natural gas
  • Power

Union faction criticizes traffic light’s plans for Europe

The CDU/CSU parliamentary group in the Bundestag has harshly criticized the European policy plans of the traffic light coalition. Deputy parliamentary group leader Katja Leikert (CDU) and European policy spokesperson Florian Hahn (CSU) criticize the goal of developing the EU into a “federal European state” as stated in the coalition agreement: “A federal state at the EU level would mean the abolition of national sovereignty and the end of the current EU,” they say in a letter to the other CDU/CSU MPs, which is available to Europe.Table.

The SPD, the Greens, and the FDP would thus fail to recognize the prevailing skepticism towards a further transfer of sovereignty and competencies in numerous member states and would accept the strengthening of the political fringes. Also, the plea of the traffic light coalition partners to develop the conference on the future of Europe into a convention is “not capable of gaining majority support in Europe at the present time”. The CDU/CSU’s call for transnational lists in the next European elections has also been rejected by the CDU/CSU.

On fiscal policy, Leikert and Hahn criticize the three parties for wanting to open up the Stability and Growth Pact to climate-friendly investments. This would mean a “softening of the pact“. In addition, they said, there was a lack of a clear commitment to the enforcement and timing of the reinstatement of the rules, which have largely been suspended until the end of 2022 in the wake of the pandemic. tho

  • CDU
  • European policy
  • Federal Government
  • Germany

EU chemicals strategy: industry calls for support for “massive investments”

European chemicals association Cefic on Thursday called on the EU Commission to work with industry on the transition to climate neutrality for the sector. The upcoming EU chemicals strategy for sustainability presents Europe’s fourth-largest industry with a crossroads, the association said. An impact analysis prompted by Cefic found that the new legislation could result in a “net market loss of at least 12 percent of industry sales by 2040″.

The European chemical industry supports the goals of the sustainability strategy for chemicals, explained Cefic President Martin Brudermüller. However: “To enable our industry to make this change, it needs a clear transformation path.” This, he said, must support massive investment to achieve the goals of the Green Deal. The chemicals strategy should be transformed “into a real growth and innovation strategy” through more collaboration.

EU intends to ban particularly toxic substances

The new EU chemicals strategy provides for a revision of the legislation on chemicals and concerns the CLP Regulation (classification, labeling, and packaging of substances and mixtures) and the REACH Regulation (registration, evaluation, and authorization of chemicals). The aim of the revision is to ban the most harmful chemicals in consumer products. These include toxic per- and polyfluoroalkyl substances (PFAS), which are used in the textile industry and can endanger humans, animals, and nature. But polychlorinated biphenyls (PCBs), dioxins, and certain pesticides would also be affected by the new rules.

Chemical companies fear that they will have to make costly substitutions for more heavily regulated substances as a result of the new legislation. Cefic said that manufacturers of adhesives, sealants, paints and detergents, and cleaners would be particularly affected. Association president Brudermüller says the policy change would have a “significant feedback effect” on many value chains that rely on chemicals. luk

  • Chemicals
  • Climate & Environment
  • Climate protection
  • REACH
  • Science

Privacy Shield: Jourová hopes for proposal by the end of the year

Exchanges between the Biden administration and the EU Commission have been ongoing for months. Slowly, a further timetable is emerging: EU Commissioner Věra Jourová said at the 11th Data Protection & Privacy Conference that she hoped there would be proposals “by the end of the year” that could then be discussed with the relevant bodies. She specifically mentioned the European data protection authorities.

The new U.S. administration, he said, is aware that there is little room for the EU to do anything but make the framework much stronger after the Schrems II ruling, which annulled the Commission’s last Privacy Shield adequacy decision for now. The requirements of the European Court of Justice would have to be “guaranteed by the other side of the Atlantic.”

This wording already points to the biggest obstacle to the transatlantic exchange of personal data: The solution originally sought by the US side mainly involved changes at the executive level, without making any changes to the legal bases. This is hardly considered sufficient by key actors on the EU side if the Safe Harbor and Privacy Shield successor is to stand up before the Luxembourg bench.

French Justice Minister Éric Dupont-Moretti also expressed the expectation that an agreement would be reached as soon as possible. He said that the General Data Protection Regulation had proved its worth. From January, France will take over the Council Presidency, which is not formally involved in the follow-up negotiations for the Privacy Shield. fst

  • Data protection
  • Digital policy
  • Digitization
  • GDPR

ECB ruling in Karlsruhe: EU Commission suspends proceedings against Germany

The dispute between the EU and Germany triggered by a controversial ruling in Karlsruhe on the ECB’s bond purchases is off the table. The Brussels-based EU Commission announced on Thursday that infringement proceedings against Germany had been dropped. The country has given formal assurances that it recognizes the primacy of EU law and the jurisdiction of the EU’s highest court.

In May 2020, the constitutional judges in Karlsruhe ruled that the European Central Bank’s (ECB) multi-billion-euro purchases of eurozone government bonds were partially unconstitutional. In doing so, they had gone against the European Court of Justice (ECJ), which had ruled at the end of 2018 that the purchases did not violate EU law. At the heart of the conflict is the primacy of European law.

In June, the EU Commission had initiated infringement proceedings against Germany because of the Karlsruhe ruling. In a letter to the Commission, the Federal Government referred to the fundamental pro-European character of the German constitution as well as to the constitutional mandate to realize a united Europe. The Federal Government also suggested establishing a dialogue between the ECJ and the constitutional courts of the member states. rtr

  • ECJ
  • European policy
  • Federal Government
  • Germany

EU Advocate General: consumer protection groups may sue Facebook

Consumer protection groups may sue the world’s largest internet network Facebook for breaches of data protection, according to the Advocate General at the European Court of Justice (ECJ). A corresponding action by associations on the basis of the General Data Protection Regulation (GDPR) is possible, explained ECJ Advocate General Richard de la Tour on Thursday. The Federal Court of Justice (BGH) had asked the ECJ in May 2020 whether consumer protection associations are entitled to do so.

The case began back in 2012, when Facebook unlawfully allowed online game providers to collect personal data from players, according to the German umbrella organization of consumer advocacy groups.

A spokesman for Facebook operator Meta announced it was considering the Advocate General’s opinion. The judges at the ECJ often follow the reasoning of the Advocate General, but are not bound by it. rtr

  • Data
  • Digitization
  • GDPR

FTC takes action against ARM takeover

The US antitrust authority FTC has announced a lawsuit against the purchase of ARM by the Taiwanese Nvidia Group. Nvidia had announced in September 2020 that it would acquire the UK-based chip designer from current Japanese owner Softbank for $40 billion.

A merged corporation would have “the means and motivation to suppress innovative next-generation technologies, including those used to power data centers and driver assistance systems in cars,” the FTC said in justification.

The US antitrust authority announced that it had worked closely with competition authorities in the EU, South Korea, the United Kingdom, and Japan in its own investigation. In October, the EU Commission had already announced that it was taking a closer look at the plans. The regulatory authority CMA in the United Kingdom had also announced an in-depth investigation.

Nvidia is the dominant supplier in the field of graphics chips and AI computing units, while ARM licenses its chip designs to manufacturers of an integrated Internet of Things and mobile phone processors, processors for computers and data centers, among others, as a neutral supplier without having its own chips manufactured. rtr

  • ARM
  • Arm
  • Data
  • Semiconductor
  • Technology

France: Pécresse likely candidate for the conservatives

Valérie Pécresse goes into the run-off election of the center-right Republican Party for the candidacy in the French presidential elections in April as the favorite. The 54-year-old, who is currently president of the Ile-de-France region, received 25 percent of the votes cast by registered members in the first round. She thus landed just behind Eric Ciotti, a staunch right-winger.

However, Pécresse is considered the favorite as the three other candidates quickly threw their support behind her, including the EU’s former Brexit chief negotiator Michel Barnier. The winner will be announced on Saturday afternoon. rtr

  • European policy
  • France
  • Presidential elections

Opinion

EU member states are not on board with the solution to the energy crisis

By Alberto Vela
Alberto Vela is Communications Officer for Energy and Climate Policy at the European Environmental Bureau, Europe’s largest network of environmental citizens’ initiatives.

Rising energy prices have become one of the European citizens’ most urgent concerns. In another week of record-breaking energy prices, the 27 EU energy ministers meet today in Brussels to discuss measures and policies that will be crucial to push our energy system towards a cleaner and more resilient model

Over 50 million Europeans currently live in energy poverty, having to choose between heating their homes and having food on the table, a number that is set to skyrocket this winter if member states do not choose the right policy toolbox.

Getting to the root of the energy price issue, there is no doubt that the EU’s heavy fossil-based energy mix, and its dependency on fossil fuel imports in a global market led by speculation and volatility, are the main cause of our soaring energy bills. Moreover, the cost of the kilowatt-hour in the EU energy market is set by the highest-priced energy source, which nowadays is fossil gas and coal.

Despite this well-known economic and regulatory context, some EU leaders are also trying to instrumentalize this situation to blame the European Green Deal and the Fit for 55 Package – which is so far not even agreed upon and will not be enforced for at least another two years – in order to claim EU funding for non-clean energy such as gas and nuclear. 

Energy efficient buildings

Paradoxically, the European Green Deal has proven to be the best tool to implement the most effective solution we have against energy poverty: energy efficiency. More than seven out of ten European buildings are energy inefficient, which has been identified as the root cause of energy poverty and overconsumption. The poor energy performance of European housing stock makes the building sector the single largest energy consumer in the EU and one of the biggest greenhouse gas emitters, accounting for one-third of total EU emissions.

Member States have never been in a better position to tackle this energy issue since the European Green Deal provides the necessary regulation, financing, and technical assistance to deliver deep renovation programs that prioritize energy-poor households and their gender dimension. If they pursue the Renovation Wave’s objective of the deep renovating of 35 million homes by 2030, their domestic heating demand will reduce by 60%. 

Renovations, if climate-friendly and carried out without installing gas boilers from 2025, can play a crucial role against energy poverty and in achieving the Paris climate targets. But once again, EU governments are turning a deaf ear to these energy measures.

Binding targets are lacking

The Commission’s proposal on the revision of the Energy Efficiency Directive (EED) and the Renewable Energy Directive (RED) strengthens the current EU energy policy by increasing the targets for 2030. However, these targets are still below the level of energy savings and renewables achievable and required to enable the transition to the fully decarbonized energy system needed for climate neutrality. To be aligned with the 1.5C trajectory, by 2030 the EU needs to set a renewable energy target of at least 50% in gross final energy consumption, and a target of 45% for energy efficiency. 

On the renewables side, the proposed binding targets for heating and cooling and decarbonization plans at the national level are very welcome. However, in district heating, where a switch from fossil to renewable energy is urgently needed, a 2.1% annual renewables increase is not enough to be in line with full decarbonization by 2040.

In addition, member states are resisting binding targets for renewable expansion and energy efficiency at the national level. This means that the full potential of these key instruments is not being exploited.

We should remember that the cleanest energy is that which is not consumed. Rapid mobilization of energy-saving potential through accelerated renovation, modernization of industrial production processes, and a rapid increase in the use of renewables in households could lead Europe to climate neutrality by 2040.

This position was taken from an article originally published on the EEB META news channel.

  • Climate & Environment
  • Climate Policy
  • Climate protection
  • Energy
  • Energy policy
  • Renewable energies

Apéro

Sebastian Kurz has done many things differently from his predecessors. He has repositioned his party, the ÖVP. He was only 31 when he became Austria’s chancellor. Independent observers also see him as an exceptional political talent. To his admirers – including Bild (“We need someone like that!”) – he is seen as a modern conservative.

And now Kurz is also showing himself to be a caring family man: one of the reasons he gave for his retirement from politics was the birth of his son. He realized that there were also “beautiful and important things outside politics”, Kurz said yesterday in his resignation speech.

How convenient that he’s just now discovering his role as a family man. There are serious allegations against Kurz, the public prosecutor’s office for economic affairs and corruption is investigating him for embezzlement, bribery, and corruption. Investigations are also underway against Kurz for allegedly making false statements to the Ibiza investigative committee. So far it is open whether charges will be brought. It is unclear what would have happened to his political career.

The ambitious Sebastian Kurz, a model father, a role model for couples who live parenthood as equals? Probably not.

It’s not uncommon for a woman to cut back after the birth of her child and forgo important career moves to do so. What is really new and refreshing is when a powerful man takes a step back for the family, but not like in this situation with Kurz. But rather when things are going really well professionally. Sarah Schaefer (with rtr)

Europe.Table Editorial Office

EUROPE.TABLE EDITORS

Licenses:
    • EU data policy
    • Hydrogen: not all that glitters is not green
    • Anna Lührmann to be new Minister of State for Europe
    • Commission wants to make joint gas reserves possible
    • CDU/CSU parliamentary group criticises traffic light coalition’s plans for Europe
    • EU chemicals strategy: industry calls for support for “massive investments
    • Privacy Shield: Jourová hopes for proposal by end of the year
    • ECB ruling in Karlsruhe: EU Commission drops proceedings against Germany
    • Consumer advocates may sue Facebook, says EU attorney general
    • FTC takes action against ARM takeover
    • France: Pécresse likely conservative candidate
    • Opinion: EU states are stonewalling on energy crisis solution
    Dear reader,

    With all the farewell interviews, political obituaries, and reviews of the “Merkel years” that could be read, seen, and heard in recent months, one could almost feel that the Chancellor’s long-announced departure was permanent. But now Angela Merkel is really leaving. Yesterday, the German Armed Forces said goodbye with a Great Taps. At the Chancellor’s request, the staff music corps played, among others, the Nina Hagen song “Du hast den Farbfilm vergessen” and “Für mich soll’s rote Rosen regnen” by Hildegard Knef. Merkel followed the ceremony visibly moved.

    There were also political farewells in Germany’s southern neighbor. In Austria, however, things were less thoughtful: after former chancellor and ÖVP party leader Sebastian Kurz announced in the morning that he was turning his back on politics, his fellow campaigners followed suit. First, acting Chancellor Alexander Schallenberg announced his resignation, a short time later Finance Minister Gernot Blümel followed suit. “I have decided to leave politics,” said Blümel, who is considered a close confidant of Kurz. The Kurz system was considered extremely stable until recently, but now it is crumbling. According to media reports citing government circles, Interior Minister Karl Nehammer (ÖVP) is to take over the post of chancellor.

    The process by which the Data Governance Act passed was rather peaceful. Now the next project is on the agenda. With the Data Act, the EU wants to promote the exchange of data and at the same time create clearer rules for data use. The potential for conflict is greater, writes Falk Steiner, capturing reactions from the business community.

    In mid-December, the legislative texts with which the EU Commission wants to orient the European gas market towards hydrogen are to be presented. First drafts are already circulating and show that the focus is clearly on low-carbon fuels – such as blue hydrogen. But this is only supposedly climate-friendly, as Timo Landenberger analyses. One critic wants to recognize the “signature of the gas lobby” in the drafts.

    Your
    Sarah Schaefer
    Image of Sarah  Schaefer

    Feature

    EU data policy: the major construction site is yet to come

    Europe’s data rights strategy must meet several requirements at once: On the one hand, it must guarantee the protection of European values, on the other hand, it must ensure the functioning of the markets, and thirdly, it is a geopolitical lever. The protection of personal data, primarily known under the heading of the General Data Protection Regulation, has set the style: The EU can obviously set standards so that the rest of the world has to follow them.

    But since the debate about whether data is the new oil, two other aspects have also come increasingly into focus: Data as the basis of power, especially market power, and data as the raw material for economic prosperity.

    With the Data Governance Act, the EU has now given itself a legal framework to promote this prosperity: It lays down the essential rules on how supply and demand are to be brought together via intermediary institutions, the data exchanges of the future – and, if possible, without encouraging the formation of new monopolies.

    And the geopolitical dimension is also taken into account: the DGA contains rules under which conditions data may be transferred to third countries. Admittedly, these rules are not quite as strict as those of the General Data Protection Regulation, since data relating to individuals is already subject to the GDPR rules. However, the inspiration and intention here are hard to miss: If you want to work with Europe, you have to accept Europe’s rules.

    Economy divided on Data Act

    However, the regulation that will now follow and build on the DGA could be particularly important for the actual emergence of the European data market: the Data Act. On one hand, the EU wants to use this to promote the exchange of data between various participants, especially between companies, but also the state should share data and use it itself. On the other hand, the Data Act is also intended to create clearer rules for the use of data. The business community is divided or even undecided on this project.

    “The data law is important for us because it should also include machine data: Industry 4.0, networked factories, and digital business models are based on data exchange,” the German Engineering Federation (VDMA), for example, informs us. “A law that seeks to regulate this data exchange must be designed with the utmost caution if there are to be no setbacks for the digitization of industry.” The approach of horizontal regulation harbors many problems, especially if very different players and industries are subjected to common standards.

    There is no clearly regulated right of ownership to data – and no such right is planned with the Data Act. In contrast to personal data, the question of who may dispose of other types of data is therefore highly controversial. For example, should the owner of a car be allowed to dispose of sensor data, the car manufacturer, the manufacturer of the sensor, the supplier of the assembly, or the supplier whose operating system is installed on this end device – and whose software has read it out? Who may make this data available to whom and under what conditions? Is the owner allowed to grant access to a workshop of his choice? Or would there have to be shared rights of disposal between the parties involved?

    Freedom of contract and consumer protection

    At the same time, however, those involved in the mass generation and use of real data are in many cases not private individuals, but entrepreneurs. And they are basically free to structure their contractual relationships, regardless of market power, as long as this is not abused. The VDMA, for example, warns: “In the case of industrial data, the data sovereignty of companies must be strengthened above all, and investments in data generation and use must be protected. Consumer protection standards have their value, but should not be mixed up with the B2B sector.

    The EU Commission is currently taking preventive action against such fears of overregulation through the Data Act: ” No one is being forced to share data. It’s about making data usable,” said Christiane Canenbley, deputy head of cabinet of Commission Vice-President Margarethe Vestager, at an event in Brussels on Thursday. “We can only really get the data economy moving forward if we have clear rules under which small and medium enterprises have good opportunities and a good legislative framework.”

    In fact, more and more industries are confronted with the problem. Craftsmen are just as dependent on the manufacturers of their tools as construction companies are on the use of data, which is to play an increasingly strong role in the context of standardized construction via Building Information Modelling in order to build more efficiently, faster and more cost-effectively. And in the case of farmers, access to data is already a massively contentious issue, which is also occupying the new traffic light government in the coalition agreement. The threat of dependence on individual suppliers has been a recurring theme there for years.

    Fragile interaction

    Other players, however, warn against focusing too much on data generation and thus on the data producers: “A large data set alone does not create added value,” says Sabrina Caroli from the industry association Bitkom, in which the IT companies are organized. Only the targeted evaluation can tap the potential of the data. However, the evaluation is not likely to be the subject of the Data Act – but in many cases will take place within the framework of the AI Regulation.

    In fact, it is already becoming apparent that the fragile interplay of the digital legislative initiatives consisting of the GDPR, DMA, DGA, DSA, AIA and, in the future, the Data Act will remain problematic. For political reasons, the latter should not touch on major problems in order not to jeopardize its adoption. The EU Commission’s proposal for this set of rules has meanwhile been postponed until the beginning of 2022. However, sectoral regulations, for example for the automotive sector, are already in the works, whose relationship to the Data Act is not least to create facts well in advance of its possible adoption.

    Meanwhile, CSU MEP Markus Ferber hopes that the interlocking digital laws will eventually settle into a cozy coexistence: “I have a great amount of optimism that we won’t invent something new again now, but that overall this will fit into the set of rules we started in the area of digitalization.”

    • Data
    • Data protection
    • Digital policy
    • Digitization

    Hydrogen: not all that glitters is green

    Green hydrogen is supposed to do the trick. Produced by means of electrolysis processes on the basis of regenerative electricity sources, the gas is to become the climate-neutral energy source of the future for all those sectors that cannot be electrified or can only be electrified with difficulty. These include the steel and cement industries, but also parts of the transport sector.

    The European Commission is trying by all means to accelerate the market ramp-up. At the European Hydrogen Week, Commission President Ursula von der Leyen announced her intention to increase the production of green hydrogen in the EU to ten million tons per year by 2030. According to a study by the Aurora Research Institute (ARI), electrolysis projects with a total capacity of more than 200 GW are planned worldwide by 2040. 85 percent of these are in Europe and 23 percent in Germany alone.

    Yet, there is still a long way to go. Most of these projects are still at an early concept stage and are not economically viable. According to ARI, hydrogen electrolyzers with a total capacity of 0.2 GW, one-thousandth of what is planned, are currently in operation worldwide. In the EU, hydrogen accounts for about two percent of the energy mix. Over 90 percent of this is generated by fossil fuels. In addition, the expansion of renewable energies is rather sluggish and must be massively accelerated in view of the increasing demand for electricity in order to be available in sufficient quantities for the production of green hydrogen.

    New EU gas market package

    The much-awaited alternative: blue hydrogen. This is produced from natural gas, but the carbon dioxide produced in the process is captured from the air and stored (carbon capture and storage, CCS). With a new legislative package, the EU Commission wants to orient the European gas market towards hydrogen. The corresponding legislation is to be presented on December 14th.

    First drafts have already been circulating since last week and put a clear focus on low-carbon fuels such as blue hydrogen. This could play an important role in the energy transition, “especially in the short and medium-term, to rapidly reduce emissions from existing fuels and support the introduction of renewable fuels such as renewable hydrogen,” the draft states.

    In addition, an EU-wide certification system is to be introduced that also covers low-carbon fuels. This would allow member states to compare different decarbonization options and consider them as viable solutions in their energy mixes. To ensure that low-carbon fuels have the same impact as other renewable alternatives, the use of a “similar methodological approach based on a life-cycle assessment of total greenhouse gas emissions” is important in the certification process.

    The Commission intends to set out the exact criteria for certification in a delegated act. However, the draft gas market directive states that low-carbon hydrogen is “hydrogen whose energy content comes from non-renewable sources and which complies with a greenhouse gas emission reduction threshold of [70 percent].”

    The figure is based on the EU taxonomy and is still up for discussion. “The percentages will be discussed, but this is a good basis for negotiations,” says Markus Pieper, industrial policy spokesman for the CDU/CSU in the EU Parliament. “The fact that the Commission is even thinking in the direction of making low-carbon solutions possible and allowing them as transitions is already a very good sign.”

    According to a study by the think tank Agora Energiewende, CO2 storage of up to 98 percent would be possible with the production of blue hydrogen. However, this figure is already considered optimistic. CCS technologies have hardly been tested yet and critics of the technology doubt that the capture and storage of CO2 can actually keep the greenhouse gas out of the atmosphere permanently. Agora is therefore calling for strict standards for the storage sites and regular monitoring and review.

    Only supposedly climate-friendly

    But even with a CO2 capture rate of 98 percent, blue hydrogen would be anything but low-emission. At least not when the entire value chain is taken into account. This is because the natural gas required for production consists almost exclusively of methane, which in turn is many times more harmful to the climate than carbon dioxide. The International Energy Agency (IEA) assumes that an average of 1.5 percent escapes into the atmosphere through leakage during the extraction and transport of methane worldwide. According to Agora, this would in turn lead to blue hydrogen exceeding the threshold listed in the EU taxonomy.

    If one follows the argumentation of climate researchers Robert Howarth and Mark Jacobson of Cornell and Stanford Universities, who assume a leakage rate of 3.5 percent, the greenhouse gas effect of blue hydrogen would even be 20 percent higher than that of burning coal.

    The announced gas market package is therefore to include a new regulation with which the EU Commission wants to get the leakage problem under control and significantly reduce emissions. According to the leaked draft, however, the new rules will primarily apply to production and transport within the EU. Only “incentives” are to be created for importers. The EU imports 90 percent of its natural gas needs from third countries.

    “The drafts show the signature of the gas lobby, which refuses to take responsibility for methane emissions in its supply chain and is eyeing the lucrative hydrogen market,” Jutta Paulus (Greens) tells Europe.Table. The MEP was responsible for the EU Parliament’s own-initiative report on reducing methane emissions. In it, the parliament had already demanded that importers also be held accountable.

    That things should now be different is unacceptable to Paul. “The dependence on fossil imports has led to the current energy price crisis. It would be a staircase joke if the gas market package were to exacerbate these dependencies instead of guaranteeing climate protection and affordable prices for European citizens through a clear preference for renewable energies.”

    • Climate & Environment
    • Climate protection
    • Energy
    • Hydrogen
    • Methane
    • Natural gas

    News

    Anna Lührmann becoming new Minister of State for Europe

    Green politician Anna Lührmann is to become the new Minister of State for Europe at the Federal Foreign Office. Foreign Minister-designate Annalena Baerbock has appointed the 38-year-old to represent the German Government at the General Affairs Council.

    Lührmann’s appointment is a surprise. She was not part of the Greens’ negotiating team in the coalition talks. Observers in Berlin assume that Baerbock will become more actively involved in European policy than her predecessor Heiko Maas (SPD). Lührmann would then have a supporting role.

    In 2002, at the age of 19, Lührmann had been elected to the Bundestag as the youngest member in history and sat there for a time on the European Affairs Committee. After two terms, she left parliament, went abroad with her husband, the diplomat Rainer Eberle, and embarked on an academic career that took her to the University of Gothenburg as an assistant professor. In the Bundestag elections in September, she returned to the Bundestag.

    Franziska Brantner, among others, had been considered as a possible Minister of State for Europe. However, the 42-year-old will now become Parliamentary State Secretary in the new Ministry for the Economy and Climate. This also makes it clear that Brantner will not run for the leadership of the Green Party.

    Robert Habeck is thus further upgrading the personnel of his new ministry. With the Green Party’s federal manager Michael Kellner and the climate politician Oliver Krischer, he is bringing further political heavyweights into his ministry as parliamentary state secretaries. Baerbock in turn appoints Tobias Lindner and Katja Keul as additional ministers of state in the German Federal Foreign Office.

    Lindner names his team

    The FDP also announced further personnel decisions for the future traffic light government. Christian Lindner is bringing the FDP finance politicians Katja Hessel and Florian Toncar into the Federal Ministry of Finance as Parliamentary State Secretaries. According to the “Frankfurter Allgemeine Zeitung”, Steffen Saebisch is also to become a civil servant State Secretary in the Finance Ministry. He is still managing director of the Friedrich Naumann Foundation, which is close to the FDP. Christian Dürr, the current deputy leader of the FDP parliamentary group, is also to become parliamentary group leader of the Liberals in the Bundestag.

    Hessel, a member of parliament from Nuremberg, used to head the Finance Committee of the Bundestag. Toncar is currently the financial policy spokesman for the FDP parliamentary group in the Bundestag and was the chairman of the Wirecard investigation committee.

    As there is a separation of offices between ministerial and party posts in the Greens, new party leadership will be elected in January. Member of the Bundestag Omid Nouripour and the current deputy party leader Ricarda Lang are under discussion.

    Lindner will remain the party leader of the FDP as finance minister. However, he must give up his office as parliamentary group leader, for which Dürr is now running. As the new First Parliamentary Secretary, the latter proposed FDP Vice Johannes Vogel. Vogel would succeed Marco Buschmann, who will become Federal Minister of Justice. tho/rtr

    • European policy
    • Federal Government
    • Germany
    • Robert Habeck

    Commission wants to enable joint gas reserves

    At a meeting of EU energy ministers on Thursday member states once again failed to find a common response to record-high energy prices. A group of countries including Spain, France, and Italy called for EU rules to protect consumers from price fluctuations and for joint gas purchases by EU countries to build up strategic reserves.

    EU Energy Commissioner Kadri Simson announced that she would propose a framework enabling the joint procurement of strategic gas stocks. The Commission plans to unveil a gas market package on December 14th, including a revision of the gas security of supply regulation. “Gas will continue to play an important role in the transition to purely renewable energy,” Simson said Thursday. “Therefore, we need a more resilient framework for better functioning of the gas market. This is made clear by the current situation.”

    Gas storage practices currently vary from country to country, he said, so the ability to assess risk is also limited. “That is why we need a more strategic and coordinated approach,” Simson added. The Commission will examine the extent to which joint purchases for emergency storage can contribute to price stability.

    The only long-term solution, however, is to reduce dependence on imports of fossil fuels, Simson stressed. This is another reason why the expansion of renewable energies must be accelerated and energy efficiency increased as part of the Green Deal measures.

    The European Union obtains 90 percent of its natural gas requirements from third countries. Increasing demand for fossil fuels as a result of the global economic recovery had driven up energy prices in recent weeks.

    Some EU countries had therefore renewed their call for a reform of the electricity market design on Thursday. Others, including Germany, had already ruled out such measures, in particular a cap on electricity prices, in a joint statement ahead of the Council meeting. til/rtr

    • Electricity market
    • Energy
    • Energy policy
    • Fossil fuels
    • Natural gas
    • Power

    Union faction criticizes traffic light’s plans for Europe

    The CDU/CSU parliamentary group in the Bundestag has harshly criticized the European policy plans of the traffic light coalition. Deputy parliamentary group leader Katja Leikert (CDU) and European policy spokesperson Florian Hahn (CSU) criticize the goal of developing the EU into a “federal European state” as stated in the coalition agreement: “A federal state at the EU level would mean the abolition of national sovereignty and the end of the current EU,” they say in a letter to the other CDU/CSU MPs, which is available to Europe.Table.

    The SPD, the Greens, and the FDP would thus fail to recognize the prevailing skepticism towards a further transfer of sovereignty and competencies in numerous member states and would accept the strengthening of the political fringes. Also, the plea of the traffic light coalition partners to develop the conference on the future of Europe into a convention is “not capable of gaining majority support in Europe at the present time”. The CDU/CSU’s call for transnational lists in the next European elections has also been rejected by the CDU/CSU.

    On fiscal policy, Leikert and Hahn criticize the three parties for wanting to open up the Stability and Growth Pact to climate-friendly investments. This would mean a “softening of the pact“. In addition, they said, there was a lack of a clear commitment to the enforcement and timing of the reinstatement of the rules, which have largely been suspended until the end of 2022 in the wake of the pandemic. tho

    • CDU
    • European policy
    • Federal Government
    • Germany

    EU chemicals strategy: industry calls for support for “massive investments”

    European chemicals association Cefic on Thursday called on the EU Commission to work with industry on the transition to climate neutrality for the sector. The upcoming EU chemicals strategy for sustainability presents Europe’s fourth-largest industry with a crossroads, the association said. An impact analysis prompted by Cefic found that the new legislation could result in a “net market loss of at least 12 percent of industry sales by 2040″.

    The European chemical industry supports the goals of the sustainability strategy for chemicals, explained Cefic President Martin Brudermüller. However: “To enable our industry to make this change, it needs a clear transformation path.” This, he said, must support massive investment to achieve the goals of the Green Deal. The chemicals strategy should be transformed “into a real growth and innovation strategy” through more collaboration.

    EU intends to ban particularly toxic substances

    The new EU chemicals strategy provides for a revision of the legislation on chemicals and concerns the CLP Regulation (classification, labeling, and packaging of substances and mixtures) and the REACH Regulation (registration, evaluation, and authorization of chemicals). The aim of the revision is to ban the most harmful chemicals in consumer products. These include toxic per- and polyfluoroalkyl substances (PFAS), which are used in the textile industry and can endanger humans, animals, and nature. But polychlorinated biphenyls (PCBs), dioxins, and certain pesticides would also be affected by the new rules.

    Chemical companies fear that they will have to make costly substitutions for more heavily regulated substances as a result of the new legislation. Cefic said that manufacturers of adhesives, sealants, paints and detergents, and cleaners would be particularly affected. Association president Brudermüller says the policy change would have a “significant feedback effect” on many value chains that rely on chemicals. luk

    • Chemicals
    • Climate & Environment
    • Climate protection
    • REACH
    • Science

    Privacy Shield: Jourová hopes for proposal by the end of the year

    Exchanges between the Biden administration and the EU Commission have been ongoing for months. Slowly, a further timetable is emerging: EU Commissioner Věra Jourová said at the 11th Data Protection & Privacy Conference that she hoped there would be proposals “by the end of the year” that could then be discussed with the relevant bodies. She specifically mentioned the European data protection authorities.

    The new U.S. administration, he said, is aware that there is little room for the EU to do anything but make the framework much stronger after the Schrems II ruling, which annulled the Commission’s last Privacy Shield adequacy decision for now. The requirements of the European Court of Justice would have to be “guaranteed by the other side of the Atlantic.”

    This wording already points to the biggest obstacle to the transatlantic exchange of personal data: The solution originally sought by the US side mainly involved changes at the executive level, without making any changes to the legal bases. This is hardly considered sufficient by key actors on the EU side if the Safe Harbor and Privacy Shield successor is to stand up before the Luxembourg bench.

    French Justice Minister Éric Dupont-Moretti also expressed the expectation that an agreement would be reached as soon as possible. He said that the General Data Protection Regulation had proved its worth. From January, France will take over the Council Presidency, which is not formally involved in the follow-up negotiations for the Privacy Shield. fst

    • Data protection
    • Digital policy
    • Digitization
    • GDPR

    ECB ruling in Karlsruhe: EU Commission suspends proceedings against Germany

    The dispute between the EU and Germany triggered by a controversial ruling in Karlsruhe on the ECB’s bond purchases is off the table. The Brussels-based EU Commission announced on Thursday that infringement proceedings against Germany had been dropped. The country has given formal assurances that it recognizes the primacy of EU law and the jurisdiction of the EU’s highest court.

    In May 2020, the constitutional judges in Karlsruhe ruled that the European Central Bank’s (ECB) multi-billion-euro purchases of eurozone government bonds were partially unconstitutional. In doing so, they had gone against the European Court of Justice (ECJ), which had ruled at the end of 2018 that the purchases did not violate EU law. At the heart of the conflict is the primacy of European law.

    In June, the EU Commission had initiated infringement proceedings against Germany because of the Karlsruhe ruling. In a letter to the Commission, the Federal Government referred to the fundamental pro-European character of the German constitution as well as to the constitutional mandate to realize a united Europe. The Federal Government also suggested establishing a dialogue between the ECJ and the constitutional courts of the member states. rtr

    • ECJ
    • European policy
    • Federal Government
    • Germany

    EU Advocate General: consumer protection groups may sue Facebook

    Consumer protection groups may sue the world’s largest internet network Facebook for breaches of data protection, according to the Advocate General at the European Court of Justice (ECJ). A corresponding action by associations on the basis of the General Data Protection Regulation (GDPR) is possible, explained ECJ Advocate General Richard de la Tour on Thursday. The Federal Court of Justice (BGH) had asked the ECJ in May 2020 whether consumer protection associations are entitled to do so.

    The case began back in 2012, when Facebook unlawfully allowed online game providers to collect personal data from players, according to the German umbrella organization of consumer advocacy groups.

    A spokesman for Facebook operator Meta announced it was considering the Advocate General’s opinion. The judges at the ECJ often follow the reasoning of the Advocate General, but are not bound by it. rtr

    • Data
    • Digitization
    • GDPR

    FTC takes action against ARM takeover

    The US antitrust authority FTC has announced a lawsuit against the purchase of ARM by the Taiwanese Nvidia Group. Nvidia had announced in September 2020 that it would acquire the UK-based chip designer from current Japanese owner Softbank for $40 billion.

    A merged corporation would have “the means and motivation to suppress innovative next-generation technologies, including those used to power data centers and driver assistance systems in cars,” the FTC said in justification.

    The US antitrust authority announced that it had worked closely with competition authorities in the EU, South Korea, the United Kingdom, and Japan in its own investigation. In October, the EU Commission had already announced that it was taking a closer look at the plans. The regulatory authority CMA in the United Kingdom had also announced an in-depth investigation.

    Nvidia is the dominant supplier in the field of graphics chips and AI computing units, while ARM licenses its chip designs to manufacturers of an integrated Internet of Things and mobile phone processors, processors for computers and data centers, among others, as a neutral supplier without having its own chips manufactured. rtr

    • ARM
    • Arm
    • Data
    • Semiconductor
    • Technology

    France: Pécresse likely candidate for the conservatives

    Valérie Pécresse goes into the run-off election of the center-right Republican Party for the candidacy in the French presidential elections in April as the favorite. The 54-year-old, who is currently president of the Ile-de-France region, received 25 percent of the votes cast by registered members in the first round. She thus landed just behind Eric Ciotti, a staunch right-winger.

    However, Pécresse is considered the favorite as the three other candidates quickly threw their support behind her, including the EU’s former Brexit chief negotiator Michel Barnier. The winner will be announced on Saturday afternoon. rtr

    • European policy
    • France
    • Presidential elections

    Opinion

    EU member states are not on board with the solution to the energy crisis

    By Alberto Vela
    Alberto Vela is Communications Officer for Energy and Climate Policy at the European Environmental Bureau, Europe’s largest network of environmental citizens’ initiatives.

    Rising energy prices have become one of the European citizens’ most urgent concerns. In another week of record-breaking energy prices, the 27 EU energy ministers meet today in Brussels to discuss measures and policies that will be crucial to push our energy system towards a cleaner and more resilient model

    Over 50 million Europeans currently live in energy poverty, having to choose between heating their homes and having food on the table, a number that is set to skyrocket this winter if member states do not choose the right policy toolbox.

    Getting to the root of the energy price issue, there is no doubt that the EU’s heavy fossil-based energy mix, and its dependency on fossil fuel imports in a global market led by speculation and volatility, are the main cause of our soaring energy bills. Moreover, the cost of the kilowatt-hour in the EU energy market is set by the highest-priced energy source, which nowadays is fossil gas and coal.

    Despite this well-known economic and regulatory context, some EU leaders are also trying to instrumentalize this situation to blame the European Green Deal and the Fit for 55 Package – which is so far not even agreed upon and will not be enforced for at least another two years – in order to claim EU funding for non-clean energy such as gas and nuclear. 

    Energy efficient buildings

    Paradoxically, the European Green Deal has proven to be the best tool to implement the most effective solution we have against energy poverty: energy efficiency. More than seven out of ten European buildings are energy inefficient, which has been identified as the root cause of energy poverty and overconsumption. The poor energy performance of European housing stock makes the building sector the single largest energy consumer in the EU and one of the biggest greenhouse gas emitters, accounting for one-third of total EU emissions.

    Member States have never been in a better position to tackle this energy issue since the European Green Deal provides the necessary regulation, financing, and technical assistance to deliver deep renovation programs that prioritize energy-poor households and their gender dimension. If they pursue the Renovation Wave’s objective of the deep renovating of 35 million homes by 2030, their domestic heating demand will reduce by 60%. 

    Renovations, if climate-friendly and carried out without installing gas boilers from 2025, can play a crucial role against energy poverty and in achieving the Paris climate targets. But once again, EU governments are turning a deaf ear to these energy measures.

    Binding targets are lacking

    The Commission’s proposal on the revision of the Energy Efficiency Directive (EED) and the Renewable Energy Directive (RED) strengthens the current EU energy policy by increasing the targets for 2030. However, these targets are still below the level of energy savings and renewables achievable and required to enable the transition to the fully decarbonized energy system needed for climate neutrality. To be aligned with the 1.5C trajectory, by 2030 the EU needs to set a renewable energy target of at least 50% in gross final energy consumption, and a target of 45% for energy efficiency. 

    On the renewables side, the proposed binding targets for heating and cooling and decarbonization plans at the national level are very welcome. However, in district heating, where a switch from fossil to renewable energy is urgently needed, a 2.1% annual renewables increase is not enough to be in line with full decarbonization by 2040.

    In addition, member states are resisting binding targets for renewable expansion and energy efficiency at the national level. This means that the full potential of these key instruments is not being exploited.

    We should remember that the cleanest energy is that which is not consumed. Rapid mobilization of energy-saving potential through accelerated renovation, modernization of industrial production processes, and a rapid increase in the use of renewables in households could lead Europe to climate neutrality by 2040.

    This position was taken from an article originally published on the EEB META news channel.

    • Climate & Environment
    • Climate Policy
    • Climate protection
    • Energy
    • Energy policy
    • Renewable energies

    Apéro

    Sebastian Kurz has done many things differently from his predecessors. He has repositioned his party, the ÖVP. He was only 31 when he became Austria’s chancellor. Independent observers also see him as an exceptional political talent. To his admirers – including Bild (“We need someone like that!”) – he is seen as a modern conservative.

    And now Kurz is also showing himself to be a caring family man: one of the reasons he gave for his retirement from politics was the birth of his son. He realized that there were also “beautiful and important things outside politics”, Kurz said yesterday in his resignation speech.

    How convenient that he’s just now discovering his role as a family man. There are serious allegations against Kurz, the public prosecutor’s office for economic affairs and corruption is investigating him for embezzlement, bribery, and corruption. Investigations are also underway against Kurz for allegedly making false statements to the Ibiza investigative committee. So far it is open whether charges will be brought. It is unclear what would have happened to his political career.

    The ambitious Sebastian Kurz, a model father, a role model for couples who live parenthood as equals? Probably not.

    It’s not uncommon for a woman to cut back after the birth of her child and forgo important career moves to do so. What is really new and refreshing is when a powerful man takes a step back for the family, but not like in this situation with Kurz. But rather when things are going really well professionally. Sarah Schaefer (with rtr)

    Europe.Table Editorial Office

    EUROPE.TABLE EDITORS

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