Table.Briefing: Europe

Debt rules + Due diligence + Court of Auditors

Dear reader,

So much for the cheerful spending policy on credit: At the end of the year, the Covid-related exemption rule for debt will expire, as officially announced by Economic Affairs Commissioner Paolo Gentiloni and EU Vice President Valdis Dombrovskis. However, they both believe that no state should cut back on investments. Christof Roche reports on how they envisage this.

Another work in progress: the Due Diligence Act. If the Council had its way, the financial sector would be almost entirely exempt from the rules. Charlotte Wirth uses the example of a Mexican company linked to a Luxembourg financial holding company to analyze why this exemption can be problematic.

It was bound to happen: Yesterday, the European Court of Auditors criticized a lack of controls over spending under the Reconstruction and Resilience Facility. In an investigation, it had “identified a gap in terms of assurance and accountability in protecting the EU’s financial interests”. Read more in our News.

By the way: Our Charlotte Wirth is currently making a name for herself in another respect. She received a “special mention” in the Luxembourg Amnesty Media Award 2023 in the article category. Namely with her research on Rwandan war criminals who are staying in Belgium, infiltrating politics and associations there and whose traces also lead to Luxembourg. Congratulations!

Your
Alina Leimbach
Image of Alina  Leimbach

Feature

Brussels announces end to suspension of debt rules

The European Commission is allowing the suspension of debt rules to expire at the end of the year. EU Economic Affairs Commissioner Paolo Gentiloni said in Brussels that it had been right to trigger the so-called Escape Clause enshrined in the Stability and Growth Pact in spring 2020. This had enabled the member states to “cushion the economic shocks caused by Covid and the Russian war of aggression against Ukraine”. In the meantime, the economic situation in Europe has stabilized again, despite continuing high uncertainty, so that the deactivation of the Escape Clause is in order.

In this context, EU Vice President Valdis Dombrovskis emphasized that the Commission would not launch any deficit procedures against member states with excessive new debt in the current year. However, the procedures would be restarted, where necessary, in spring 2024. The two commissioners made their remarks on the occasion of guidelines presented by the Brussels-based authority on the implementation and coordination of member states’ fiscal policies next year. The guidelines come at a time when a new direction for the Stability and Growth Pact is being negotiated. Until the new set of fiscal rules comes into force, the current debt rules will still apply.

Parts of the reform already in current cycle

Gentiloni stressed, however, that elements of the reform should be incorporated into national stability and convergence programs already in the current fiscal surveillance cycle “to allow for an effective bridge to future fiscal rules and to take into account the current challenges”. The Italian stressed that the Commission will integrate “quantitative targets as well as qualitative guidelines for investment and energy measures, in line with the Commission’s reform orientations” in its country-specific budget recommendations for 2024, due in May.

In this context, the recommendations are to be formulated on the basis of net primary expenditures and differentiated according to the challenges of the member states in terms of their debt sustainability. It was said in Commission circles that the recommendations are to cover a medium-term period of four years. The so-called 1/20 rule for debt reduction anchored in the current fiscal regime will not be applied.

Save on aid measures, not on investments

The sources also said that if deficit proceedings were to be opened against member states next year on the grounds of excessive new borrowing, the reduction target would probably be based on the current size of the deficit in the Stability Pact. While there is no fixed target for deficit reduction yet, as the reform is still pending, the reduction is likely to be comparable to the reduction of the structural deficit in the order of at least 0.5 percent in the current EDP. The counties also made clear that there would be no opening of excessive deficit procedures based on a country’s debt ratio in the coming year under any circumstances.

Gentiloni once again stressed that member states should achieve their budgetary adjustments “not by cutting investment, but by limiting current spending“. There was room for maneuver, he said, especially in the measures they had introduced to cushion the social and economic impact of the energy crisis. Now that energy price pressures are easing, he said, member states should phase out these support measures, starting “with those that are poorly targeted or distort the price signal”. The commissioner made clear that last year, support measures had reached 1.2% of EU gross domestic product (GDP).

This would have entailed considerable costs. If aid measures had been concentrated on actual emergencies, the cost would have been only 0.3 percent of EU GDP, according to the EU Commission’s calculations. With regard to the reform of European debt rules, Vice President Dombrovskis announced that the Commission would present the legislative package for the new EU fiscal framework promptly after the next EU summit, which is scheduled for March 23-24. Authority circles said the negotiations would likely drag into next year. However, they should be completed before the upcoming election for the new European Parliament in spring 2024.

  • Debt
  • EU-Schuldenregeln
  • Fiscal policy
  • Investments
  • Stability Pact

Due diligence obligations: financial sector to be privileged

Working in a mine in Mexico.

The Parliament is still negotiating, but the Council was already able to agree on a common approach to the Due Diligence Act in December. Under pressure from France, it decided on a special role for the financial sector. The text on which the EU27 agreed at the end is as opaque as it always is when a compromise could only be pushed through by the skin of its teeth.

This much, however, is clear:

  • It is to be left up to each member state to decide whether financial services, and in particular banks and insurers, are covered by the law. This may mean that the financial sector is dropped altogether so that there is a level playing field between member states;
  • Unlike other businesses, financial services providers do not have to end their business relationships if there are problems in the supply chain;
  • Financial service providers only have to perform upstream due diligence.

The far-reaching exceptions for the financial sector are surprising. It is precisely this sector that has a major influence on global value chains. As recently as its feasibility study on the Due Diligence Act, the Commission highlighted the role of the financial sector “in financing and carrying out economic activities in almost every other sector of the economy”. Because of this influence, the financial sector is considered a risk industry in the UN Sustainable Business Guidelines, for example.

But what does it mean in concrete terms if only very weak due diligence requirements apply to the financial sector? A look at the Luxembourg financial center provides a current example.

Two missing activists

It takes us to Mexico. There, two human rights activists disappeared a few weeks ago, the human rights lawyer Ricardo Arturo Lagunes Gasca and the representative of the indigenous Aquila community, Antonio Díaz Valencia.

Neither has been seen since they left for home about a month ago from a meeting with mine operator Ternium and the Aquila community. Their car was found abandoned. It was riddled with bullets. Their relatives are sure that Ternium was involved in their disappearance. The company had threatened the activists in the past. Ternium denies the accusations.

Ternium Mexico has been in dispute for years with the indigenous community on whose territory the company operates several mines. Many local residents have been relocated as a result of Ternium’s projects. Only some of them have been compensated by the company. And this was despite the fact that there was a corresponding agreement with the mining company.

The disappeared lawyer Lagunes Gasca previously represented the families in the dispute against the steel company and held Ternium responsible for environmental and human rights violations.

From Mexico to Luxembourg

“This is a classic case of ‘divide and conquer,’ as we see time and again. A company instigates strife between affected communities in order to better achieve its goals,” Antoniya Argirova of the Luxembourg-based NGO coalition Initiative pour un devoir de vigilance (Initiative for Due Diligence) tells Table.Media. She is in contact with the lawyer of the families of the disappeared activists.

Ternium Mexico is a subsidiary of Ternium SA, a Luxembourg financial holding company (SOPARFI). This in turn belongs to the Italo-Argentine group Techint, which is also a holding company based in Luxembourg.

In the case of the disappeared activists, however, Luxembourg sees itself as responsible only to a limited extent: Ternium SA was reminded in a letter of its due diligence obligations under the OECD Guidelines for Multinational Enterprises, among other things, yet Luxembourg is not responsible for Ternium under these guidelines, but Mexico is – after all, the case of Ternium concerns the Mexican subsidiary, says the Ministry of Finance.

The question of responsibility

The Ternium case shows how difficult it is to determine responsibility in corporate networks. After all, everything hinges on the question of who must perform due diligence: the company or its parent group? In the Council mandate, clarification of this question is left to the member states.

For Luxembourg, the interpretation of the Due Diligence Act is particularly critical, because only 0.1 percent of the companies based there would fall under the law based on their number of employees and turnover. At the same time, however, several thousand holding companies and investment funds are based in the Grand Duchy. They manage assets worth more than €5,000 billion. And yet, according to the Council mandate, they are to be exempt from the law.

Cases like Ternium are numerous in Luxembourg. There is the Pegasus scandal involving the Israeli company NSO, which in turn is linked to the Luxembourg holdings Q Cyber Technologies and Osy Technologies. The Luxembourg holding Kernel, which is responsible for land theft in Ukraine, and the meat company JBS, which is accused of corruption and illegal land clearing and manages large parts of the group from Luxembourg. In the case of all those mentioned, the question of who is ultimately responsible is likely to be difficult to clarify.

Holdings as a group of companies

The problem is that in Luxembourg, large holding companies are taking over the role of the business group, Charles Muller of Finance and Human Rights tells Table.Media. The asset manager and lawyer used to represent the Luxembourg fund industry ALFI, but today he campaigns for the protection of human rights in the Luxembourg financial industry. For him, one thing is clear: In cases like Ternium, responsibility must lie with the financial holding companies. “Their board of directors meets in Luxembourg. It decides what happens in the subsidiaries”.

Muller finds it hard to understand why the EU27 wants to exempt the financial sector. “If you want to change something, you have to aim at where the money comes from, shares are bought, loans are issued. You always end up with the funding industry“.

Financial service providers already perform due diligence

In addition, financial service providers already perform due diligence, for example to implement EU rules in the area of corruption and money laundering. EU legislation demands that financial service providers must ensure that they do not manage funds that originate from forced labor.

That the financial industry is capable of extending its due diligence to the areas of human rights and the environment is demonstrated by the Sustainable Finance and Human Rights Survey. This is a survey commissioned by the Luxembourg Ministry of Finance in 2020 and 2022. There, 87 percent of major financial players in Germany, France, Luxembourg, the Netherlands, Switzerland and the United Kingdom said they would welcome strengthening their human rights legislation. Most also stressed that they were well prepared for corresponding requirements.

The question arises, however, whether a country like Luxembourg could even monitor thousands of financial companies for their human rights due diligence. For a long time, the OECD contact point for the Guidelines for Multinational Enterprises employed only a part-time position. In the meantime, one employee has been added.

France’s push on behalf of the financial industry

France has lobbied even harder than Luxembourg against the inclusion of the financial sector. So much so that Paris even threatened to block the general approach in the Council. There are several reasons for this.

The government is aware of the problem of locating accountability. In an evaluation of the 2020 law, the French Ministry of Economy writes: “Based on the data from the Commercial Court, it is not possible to determine whether individual companies are part of a larger group.” It adds, “In the case of foreign companies, it is not possible to identify the only French part that could be affected by the law because of their integration for tax purposes into an international group“.

Brexit is also repeatedly cited as a reason for France’s push. Since it happened, Paris has wanted to replace London as one of the world’s most important financial centers and attract international asset managers. Stricter regulation would therefore come at an inopportune time.

  • Climate & Environment
  • dEvEloPmENT LAw
  • Due Diligence
  • European Council
  • Financial policy

Events

March 10, 2023; 10-10:45 a.m., online
BEUC, Briefing How to better protect consumers from electricity supplier malpractices
The European Consumer Organisation (BEUC) discusses steps to better protect and educate energy market consumers. INFO & REGISTRATION

March 14, 2023; 10 a.m.-12 p.m., Brussels (Belgium)/online
ERCST, Panel Discussion EU Climate Policy and Electricity Market
The European Roundtable on Climate Change and Sustainable Transition (ERCST) presents the results of a research exercise on developing a climate change lens to analyse and inform the EU debate on reforming the electricity market design. INFO & REGISTRATION

March 14, 2023; 3:30-5 p.m., Brussels (Belgium)/online
ERCST, Discussion CCUS in the net-zero transition
The European Roundtable on Climate Change and Sustainable Transition (ERCST) explores the role of CCUS in different climate neutrality scenarios and its role in different policy mixes. Furthermore, it presents regional perspectives on how this role has been translated and the technology implemented in different regulatory jurisdictions. INFO & REGISTRATION

News

Court of Auditors: not enough checks on reconstruction funds

The European Court of Auditors (ECA) has found fault with the European Commission’s control system for the multi-billion dollar Recovery and Resilience Facility (RRF). A press release from the Court says EU auditors examined the design of the control system and “found a gap regarding assurance and accountability in protecting the EU’s financial interests”.

With the ARF, EU countries are obliged to control whether ARF investment projects comply with EU and national regulations. However, the Commission “hardly has any self-identified and validated information on whether and how these national controls are carried out,” the Court criticizes. Without assurance that these rules are being followed, there is “a lack of accountability at the EU level”.

Funds of €723.5 billion

Under the ARF, which accounts for the bulk of EU funding for post-Covid pandemic reconstruction, €338 billion in grants and €385.8 billion in loans are available to member states. The money is intended to drive economic recovery after the Covid pandemic, especially for green and digital transformation. The President of the Court of Auditors, Tony Murphy, underlined: “Citizens will only trust new types of EU funding if they can be sure that their money is being spent properly“.

The Court of Auditors refers to experience with other EU spending programs. There, violations, including in the award of public contracts and state aid, occur time and again. The Court, therefore, urges the Commission to close the assurance gap for ARF at the EU level.

Among other things, the Commission would have to provide guidance to member states on how to act in the event that a funded measure is reversed in the event of non-compliance. While speaking to Table.Media in mid-February, ECA’s German member Klaus-Heiner Lehne already demanded: “The Commission must clearly show what significance and value each individual reform and investment requirement has for the member state, so that it is clear what it will face in the event of non-fulfillment, for example with the clawback of disbursed funds”. cr

  • EU
  • European Commission

Ukraine: Borrell demands €2 billion for ammunition

During an informal Stockholm meeting, EU defense ministers welcomed a proposal by Foreign Affairs Commissioner Josep Borrell to speed up ammunition procurement for Ukraine and member states with European funding. There had been general agreement, but some issues were still open, Borrell said. The Spaniard had presented a so-called non-paper to the roundtable with a three-pronged approach.

Thus, as a first step, Borrell proposes to provide €1 billion to procure 155 mm artillery shells for Ukraine. The funds are to come from the European Peace Facility (EFF). Specifically, member states will be compensated from the fund if they provide Ukraine with weapons or bullets from their stocks. Under discussion is an increase in the reimbursement rate from the recent 50 percent to 90 percent. This is conditional on a member state also supplying the ammunition within a certain period. He said there was agreement on the urgency of speeding up the delivery of ammunition.

Joint procurement as in pandemic

In parallel, the Foreign Affairs Commissioner and the Commission want to initiate joint procurement of ammunition for artillery and battle tanks, following the example of the Covid vaccines. Another €1 billion is to be made available for this purpose via the European Defense Agency (EDA): “If we proceed together, we can not only bring down the price, but also reduce delivery times,” said the Foreign Affairs Commissioner. In addition, the non-paper provides, in the third place, for supporting the development of additional capacities in the defense industry. Among other things, production bottlenecks are to be identified and eliminated. There is also talk of bringing production facilities back to the EU. Borrell prepared his non-paper together with Internal Market Commissioner Thierry Breton.

Ukrainian Defense Minister Oleksiy Reznikov criticized the EU plans at the Stockholm meeting as insufficient. Ukraine needs one million artillery shells, he said, and up to €4 billion are needed for this. The background to this is that Ukraine is suffering from a chronic shortage of artillery ammunition and can currently only fire up to a maximum of 120,000 rounds per month, while the Russian armed forces have a good ten times more at their disposal.

Pistorius makes a strong case for Ukraine

“We need to expand and dynamize support,” Minister of Defense Boris Pistorius said at the end of the meeting in Stockholm. In addition to the weapon systems, the necessary ammunition is also needed, he said. Capacities must now be ramped up, and the industry must make the right decisions. Some of this is already happening, but it will take time. That is why it is now a matter of gathering and supplying stocks, or at least what is possible in terms of the country’s own defense and alliance capabilities.

Josep Borrell is counting on defense ministers to approve his three-pronged proposal at the formal March 20 council. Otherwise, the procurement of ammunition for Ukraine and the replenishment of the country’s own stocks could also occupy the heads of state and government at the EU summit on March 23-24. sti

  • European Defense
  • Josep Borrell
  • Ukraine

France: ‘significant’ crack discovered in nuclear reactor

A new crack has been discovered in the currently shutdown nuclear reactor number 1 in Penly (northwestern France), which was described as “significant” by the operator EDF in a note published at the end of February. Contexte had first reported. This crack is forcing the French state-owned company to rethink its current strategy for repairing corrosion damage.

This crack affects the strength of the piping and the safety function associated with cooling the reactor, according to the French nuclear regulator (ASN), which ranks the event at level 2 on the Ines risk scale. According to ASN, the event had “no impact on the environment or personnel”. The crack extends 155 millimeters, or about a quarter of the pipe’s circumference, and is up to 23 millimeters deep – with a pipe thickness of 27 mm. “It’s a particularly deep crack,” said the deputy director general of the Institute for Radiation Protection and Nuclear Safety (IRSN), Karine Herviou, who was interviewed about it on the public radio station France Info: “We were pretty close to a leak“.

Further nuclear power plants affected by damage

While EDF is in the process of inspecting more than 150 welds and plans to replace the piping of all P’4 (1300 MW) stage reactors during 2023, ASN is asking the operator to revise its inspection strategy to take this event into account. This will be presented “in the coming days,” according to EDF, which also confirmed yesterday (Wednesday) that corrosion damage has also been detected at three other reactors (Civaux 2, Chooz 2 and Penly 2). These events are classified at level 1 on the Ines scale.

At a hearing in the Senate, the French equivalent of the Federal Council, on Wednesday, ASN President Bernard Doroszczuk said the crack was due to a “deviation in the adjustment of the piping during its repair”, “an approach that is unacceptable in that the piping was opened by force”, he stressed. The discovery of the crack is likely to have implications for the restart of the affected reactors. So far, EDF is sticking to May 2 as the date for reconnecting the Penly 1 reactor, which has been shut down since October 2021, to the grid. cst

  • Energy policy
  • Nuclear power
  • Power

Denmark: first CO2 storage under North Sea

On Wednesday, Denmark began storing CO2 under the North Sea. At the depleted Nini West oil field, up to 15,000 tons of liquefied CO2 from Belgium are to be pumped a good 1,800 meters into the depths by the beginning of April in the pilot phase of the Greensand project.

“Today we are opening a new chapter for the North Sea, a green chapter,” said Denmark’s Crown Prince Frederik. EU Commission President Ursula von der Leyen also spoke positively via video message: “This is a great moment for the green transition in Europe”.

Carbon Capture and Storage (CCS) involves capturing CO2 from industrial processes, for example, transporting it to an underground storage facility and storing it there. A consortium led by BASF subsidiary Wintershall Dea and British chemical company Ineos is working together on Greensand. According to Wintershall, this is the world’s first cross-border offshore CO2 storage facility with the explicit purpose of mitigating climate change.

CCS also an option for Germany

Denmark recently granted the first permits to allow large-scale storage of CO2 under the North Sea seabed. A bilateral agreement with Belgium allows CO2 to be transported to Denmark. The consortium of Wintershall Dea and Ineos hopes that politicians will create the legal framework for this in other countries as well – especially in Germany.

On its website, Habeck’s ministry already presents CCS technology as part of Germany’s climate strategy. By 2050, the aim is to remove more greenhouse gas from the atmosphere than is emitted. To make this possible, the ministry says that unavoidable CO2 emissions could be captured and then used or stored.

By contrast, CCS is controversial among environmental associations and climate protectionists. They fear that the technology will dampen ambition in climate protection and the expansion of renewable energies, and warn of dangers to the environment, for example, from carbon dioxide leakage. dpa

  • CCS
  • Climate Policy
  • Ursula von der Leyen

Heads

Annegret Groebel – the network pioneer

Annegret Groebel is president of the Council of European Energy Regulators (CEER). (Photo: CEER)

If citizens in Europe can have electricity and gas at any time, travel without borders by train or use the Internet at low cost, it is also due to the work of civil servants like Annegret Groebel. For decades, the enterprising economist has been helping to weld together the single market in the EU’s network industries: railroads, postal services, telecommunications and energy.

“Before the pandemic, I was actually either in Brussels or another European city every week,” says the head of the International Affairs Department at the German Federal Network Agency. Groebel travels the continent in several roles at once – for example, as President of the Council of European Energy Regulators (CEER).

CEER supervises end-user markets, ACER supervises wholesale trade

We develop the methods for Europe’s regulators to best achieve the goals of the Brussels regulatory framework”, says the 62-year-old. In the CEER, Europe’s regulators organize themselves and monitor how consumer-friendly the retail markets for gas and electricity are functioning.

The body thus complements ACER, the Agency for the Cooperation of Energy Regulators. The agency in Ljubljana is supposed to oversee wholesale energy trading – and the omnipresent Annegret Groebel is also a member of ACER’s Regulatory Council.

Regulators provide data for Commission decisions

In the energy crisis, with high prices weighing on Europe’s consumers, regulators are providing DGs with information that later becomes the basis for legislative proposals. “When the REPowerEU package came along, the Commission approached CEER very early on and asked for data on supply contracts for electricity and gas“, Groebel recounts.

How many consumers even have contracts with price guarantees? How have member states regulated whether and at what rates customers are still supplied if their supplier goes bankrupt? All of these questions suddenly had the utmost urgency. “In some cases, suppliers flipped because they hadn’t hedged against high prices, and in some member states, customers don’t automatically fall into a replacement supply“, the regulatory expert reports.

Abandonment of merit order could destroy single market

For Groebel, solid data is also essential in the discussion about reforming the electricity market design: “Without sufficient information, there is a risk that policymakers will make well-intentioned proposals but reform will fail”. The CEER president warns against one step in particular: “EU legislators should not decouple the price of electricity from the price of gas. The market’s price signals according to the merit order of power plants express shortages and form the foundation for electricity trade between EU states“, Groebel explains.

“If the market design is adjusted too much, there is a risk of distorting and, in the worst case, destroying the European internal market. Regulators would have to change too many methods for cross-border electricity trading. Within a few months, neither the authorities can handle that nor the market players can implement it”. In addition, according to Groebel, investors would be unsettled if prices lost their incentive effect, so that not enough would be invested in renewable energies and flexibility.

As recently as the beginning of February, the European Court of Auditors complained that the member states had not even fully implemented all the regulatory methods under the third energy market package of 2009.

New telecommunications market

Annegret Groebel’s career began a decade earlier at the birth of European regulated markets in the network industries. After completing her doctorate in Mannheim, the economist joined the Postal Ministry in 1997: “At that time, however, I was already employed by the new regulatory authority for telecommunications and postal services. At that time, we were already doing something in Bonn that didn’t exist in any other European country“.

The tinkerers in the offices had devised a method of unbundling customers’ telephone lines from the “monopolist” Deutsche Telekom and making them completely accessible to new competitors. “In other countries, there was a lot of interest in how this worked. And since I was in the relevant chamber and also spoke English, I was invited to go along”, Annegret Groebel recounts.

Balancing European interests

In 2001, the president of the agency brought the Hessian into the staff department, where she gradually built up the International Affairs Department, which was then merged with the Postal Department. In Brühl, the economist completed a Master of European Administrative Management at the European University of Applied Sciences. “Fortunately, it was possible to do this on the side, and this degree gave me a basic foundation of European knowledge for my day-to-day work”, says the knowledgeable economist.

Conversely, Annegret Groebel benefits from her broad wealth of experience in Brussels. “In European bodies, you never get everyone committed to exactly the same method. Getting the right amount of consistency and room for maneuver is tricky but doable in the EU“. Manuel Berkel

  • Energy
  • Natural gas
  • Power

Europe.Table Editorial Office

EUROPE.TABLE EDITORS

Licenses:
    Dear reader,

    So much for the cheerful spending policy on credit: At the end of the year, the Covid-related exemption rule for debt will expire, as officially announced by Economic Affairs Commissioner Paolo Gentiloni and EU Vice President Valdis Dombrovskis. However, they both believe that no state should cut back on investments. Christof Roche reports on how they envisage this.

    Another work in progress: the Due Diligence Act. If the Council had its way, the financial sector would be almost entirely exempt from the rules. Charlotte Wirth uses the example of a Mexican company linked to a Luxembourg financial holding company to analyze why this exemption can be problematic.

    It was bound to happen: Yesterday, the European Court of Auditors criticized a lack of controls over spending under the Reconstruction and Resilience Facility. In an investigation, it had “identified a gap in terms of assurance and accountability in protecting the EU’s financial interests”. Read more in our News.

    By the way: Our Charlotte Wirth is currently making a name for herself in another respect. She received a “special mention” in the Luxembourg Amnesty Media Award 2023 in the article category. Namely with her research on Rwandan war criminals who are staying in Belgium, infiltrating politics and associations there and whose traces also lead to Luxembourg. Congratulations!

    Your
    Alina Leimbach
    Image of Alina  Leimbach

    Feature

    Brussels announces end to suspension of debt rules

    The European Commission is allowing the suspension of debt rules to expire at the end of the year. EU Economic Affairs Commissioner Paolo Gentiloni said in Brussels that it had been right to trigger the so-called Escape Clause enshrined in the Stability and Growth Pact in spring 2020. This had enabled the member states to “cushion the economic shocks caused by Covid and the Russian war of aggression against Ukraine”. In the meantime, the economic situation in Europe has stabilized again, despite continuing high uncertainty, so that the deactivation of the Escape Clause is in order.

    In this context, EU Vice President Valdis Dombrovskis emphasized that the Commission would not launch any deficit procedures against member states with excessive new debt in the current year. However, the procedures would be restarted, where necessary, in spring 2024. The two commissioners made their remarks on the occasion of guidelines presented by the Brussels-based authority on the implementation and coordination of member states’ fiscal policies next year. The guidelines come at a time when a new direction for the Stability and Growth Pact is being negotiated. Until the new set of fiscal rules comes into force, the current debt rules will still apply.

    Parts of the reform already in current cycle

    Gentiloni stressed, however, that elements of the reform should be incorporated into national stability and convergence programs already in the current fiscal surveillance cycle “to allow for an effective bridge to future fiscal rules and to take into account the current challenges”. The Italian stressed that the Commission will integrate “quantitative targets as well as qualitative guidelines for investment and energy measures, in line with the Commission’s reform orientations” in its country-specific budget recommendations for 2024, due in May.

    In this context, the recommendations are to be formulated on the basis of net primary expenditures and differentiated according to the challenges of the member states in terms of their debt sustainability. It was said in Commission circles that the recommendations are to cover a medium-term period of four years. The so-called 1/20 rule for debt reduction anchored in the current fiscal regime will not be applied.

    Save on aid measures, not on investments

    The sources also said that if deficit proceedings were to be opened against member states next year on the grounds of excessive new borrowing, the reduction target would probably be based on the current size of the deficit in the Stability Pact. While there is no fixed target for deficit reduction yet, as the reform is still pending, the reduction is likely to be comparable to the reduction of the structural deficit in the order of at least 0.5 percent in the current EDP. The counties also made clear that there would be no opening of excessive deficit procedures based on a country’s debt ratio in the coming year under any circumstances.

    Gentiloni once again stressed that member states should achieve their budgetary adjustments “not by cutting investment, but by limiting current spending“. There was room for maneuver, he said, especially in the measures they had introduced to cushion the social and economic impact of the energy crisis. Now that energy price pressures are easing, he said, member states should phase out these support measures, starting “with those that are poorly targeted or distort the price signal”. The commissioner made clear that last year, support measures had reached 1.2% of EU gross domestic product (GDP).

    This would have entailed considerable costs. If aid measures had been concentrated on actual emergencies, the cost would have been only 0.3 percent of EU GDP, according to the EU Commission’s calculations. With regard to the reform of European debt rules, Vice President Dombrovskis announced that the Commission would present the legislative package for the new EU fiscal framework promptly after the next EU summit, which is scheduled for March 23-24. Authority circles said the negotiations would likely drag into next year. However, they should be completed before the upcoming election for the new European Parliament in spring 2024.

    • Debt
    • EU-Schuldenregeln
    • Fiscal policy
    • Investments
    • Stability Pact

    Due diligence obligations: financial sector to be privileged

    Working in a mine in Mexico.

    The Parliament is still negotiating, but the Council was already able to agree on a common approach to the Due Diligence Act in December. Under pressure from France, it decided on a special role for the financial sector. The text on which the EU27 agreed at the end is as opaque as it always is when a compromise could only be pushed through by the skin of its teeth.

    This much, however, is clear:

    • It is to be left up to each member state to decide whether financial services, and in particular banks and insurers, are covered by the law. This may mean that the financial sector is dropped altogether so that there is a level playing field between member states;
    • Unlike other businesses, financial services providers do not have to end their business relationships if there are problems in the supply chain;
    • Financial service providers only have to perform upstream due diligence.

    The far-reaching exceptions for the financial sector are surprising. It is precisely this sector that has a major influence on global value chains. As recently as its feasibility study on the Due Diligence Act, the Commission highlighted the role of the financial sector “in financing and carrying out economic activities in almost every other sector of the economy”. Because of this influence, the financial sector is considered a risk industry in the UN Sustainable Business Guidelines, for example.

    But what does it mean in concrete terms if only very weak due diligence requirements apply to the financial sector? A look at the Luxembourg financial center provides a current example.

    Two missing activists

    It takes us to Mexico. There, two human rights activists disappeared a few weeks ago, the human rights lawyer Ricardo Arturo Lagunes Gasca and the representative of the indigenous Aquila community, Antonio Díaz Valencia.

    Neither has been seen since they left for home about a month ago from a meeting with mine operator Ternium and the Aquila community. Their car was found abandoned. It was riddled with bullets. Their relatives are sure that Ternium was involved in their disappearance. The company had threatened the activists in the past. Ternium denies the accusations.

    Ternium Mexico has been in dispute for years with the indigenous community on whose territory the company operates several mines. Many local residents have been relocated as a result of Ternium’s projects. Only some of them have been compensated by the company. And this was despite the fact that there was a corresponding agreement with the mining company.

    The disappeared lawyer Lagunes Gasca previously represented the families in the dispute against the steel company and held Ternium responsible for environmental and human rights violations.

    From Mexico to Luxembourg

    “This is a classic case of ‘divide and conquer,’ as we see time and again. A company instigates strife between affected communities in order to better achieve its goals,” Antoniya Argirova of the Luxembourg-based NGO coalition Initiative pour un devoir de vigilance (Initiative for Due Diligence) tells Table.Media. She is in contact with the lawyer of the families of the disappeared activists.

    Ternium Mexico is a subsidiary of Ternium SA, a Luxembourg financial holding company (SOPARFI). This in turn belongs to the Italo-Argentine group Techint, which is also a holding company based in Luxembourg.

    In the case of the disappeared activists, however, Luxembourg sees itself as responsible only to a limited extent: Ternium SA was reminded in a letter of its due diligence obligations under the OECD Guidelines for Multinational Enterprises, among other things, yet Luxembourg is not responsible for Ternium under these guidelines, but Mexico is – after all, the case of Ternium concerns the Mexican subsidiary, says the Ministry of Finance.

    The question of responsibility

    The Ternium case shows how difficult it is to determine responsibility in corporate networks. After all, everything hinges on the question of who must perform due diligence: the company or its parent group? In the Council mandate, clarification of this question is left to the member states.

    For Luxembourg, the interpretation of the Due Diligence Act is particularly critical, because only 0.1 percent of the companies based there would fall under the law based on their number of employees and turnover. At the same time, however, several thousand holding companies and investment funds are based in the Grand Duchy. They manage assets worth more than €5,000 billion. And yet, according to the Council mandate, they are to be exempt from the law.

    Cases like Ternium are numerous in Luxembourg. There is the Pegasus scandal involving the Israeli company NSO, which in turn is linked to the Luxembourg holdings Q Cyber Technologies and Osy Technologies. The Luxembourg holding Kernel, which is responsible for land theft in Ukraine, and the meat company JBS, which is accused of corruption and illegal land clearing and manages large parts of the group from Luxembourg. In the case of all those mentioned, the question of who is ultimately responsible is likely to be difficult to clarify.

    Holdings as a group of companies

    The problem is that in Luxembourg, large holding companies are taking over the role of the business group, Charles Muller of Finance and Human Rights tells Table.Media. The asset manager and lawyer used to represent the Luxembourg fund industry ALFI, but today he campaigns for the protection of human rights in the Luxembourg financial industry. For him, one thing is clear: In cases like Ternium, responsibility must lie with the financial holding companies. “Their board of directors meets in Luxembourg. It decides what happens in the subsidiaries”.

    Muller finds it hard to understand why the EU27 wants to exempt the financial sector. “If you want to change something, you have to aim at where the money comes from, shares are bought, loans are issued. You always end up with the funding industry“.

    Financial service providers already perform due diligence

    In addition, financial service providers already perform due diligence, for example to implement EU rules in the area of corruption and money laundering. EU legislation demands that financial service providers must ensure that they do not manage funds that originate from forced labor.

    That the financial industry is capable of extending its due diligence to the areas of human rights and the environment is demonstrated by the Sustainable Finance and Human Rights Survey. This is a survey commissioned by the Luxembourg Ministry of Finance in 2020 and 2022. There, 87 percent of major financial players in Germany, France, Luxembourg, the Netherlands, Switzerland and the United Kingdom said they would welcome strengthening their human rights legislation. Most also stressed that they were well prepared for corresponding requirements.

    The question arises, however, whether a country like Luxembourg could even monitor thousands of financial companies for their human rights due diligence. For a long time, the OECD contact point for the Guidelines for Multinational Enterprises employed only a part-time position. In the meantime, one employee has been added.

    France’s push on behalf of the financial industry

    France has lobbied even harder than Luxembourg against the inclusion of the financial sector. So much so that Paris even threatened to block the general approach in the Council. There are several reasons for this.

    The government is aware of the problem of locating accountability. In an evaluation of the 2020 law, the French Ministry of Economy writes: “Based on the data from the Commercial Court, it is not possible to determine whether individual companies are part of a larger group.” It adds, “In the case of foreign companies, it is not possible to identify the only French part that could be affected by the law because of their integration for tax purposes into an international group“.

    Brexit is also repeatedly cited as a reason for France’s push. Since it happened, Paris has wanted to replace London as one of the world’s most important financial centers and attract international asset managers. Stricter regulation would therefore come at an inopportune time.

    • Climate & Environment
    • dEvEloPmENT LAw
    • Due Diligence
    • European Council
    • Financial policy

    Events

    March 10, 2023; 10-10:45 a.m., online
    BEUC, Briefing How to better protect consumers from electricity supplier malpractices
    The European Consumer Organisation (BEUC) discusses steps to better protect and educate energy market consumers. INFO & REGISTRATION

    March 14, 2023; 10 a.m.-12 p.m., Brussels (Belgium)/online
    ERCST, Panel Discussion EU Climate Policy and Electricity Market
    The European Roundtable on Climate Change and Sustainable Transition (ERCST) presents the results of a research exercise on developing a climate change lens to analyse and inform the EU debate on reforming the electricity market design. INFO & REGISTRATION

    March 14, 2023; 3:30-5 p.m., Brussels (Belgium)/online
    ERCST, Discussion CCUS in the net-zero transition
    The European Roundtable on Climate Change and Sustainable Transition (ERCST) explores the role of CCUS in different climate neutrality scenarios and its role in different policy mixes. Furthermore, it presents regional perspectives on how this role has been translated and the technology implemented in different regulatory jurisdictions. INFO & REGISTRATION

    News

    Court of Auditors: not enough checks on reconstruction funds

    The European Court of Auditors (ECA) has found fault with the European Commission’s control system for the multi-billion dollar Recovery and Resilience Facility (RRF). A press release from the Court says EU auditors examined the design of the control system and “found a gap regarding assurance and accountability in protecting the EU’s financial interests”.

    With the ARF, EU countries are obliged to control whether ARF investment projects comply with EU and national regulations. However, the Commission “hardly has any self-identified and validated information on whether and how these national controls are carried out,” the Court criticizes. Without assurance that these rules are being followed, there is “a lack of accountability at the EU level”.

    Funds of €723.5 billion

    Under the ARF, which accounts for the bulk of EU funding for post-Covid pandemic reconstruction, €338 billion in grants and €385.8 billion in loans are available to member states. The money is intended to drive economic recovery after the Covid pandemic, especially for green and digital transformation. The President of the Court of Auditors, Tony Murphy, underlined: “Citizens will only trust new types of EU funding if they can be sure that their money is being spent properly“.

    The Court of Auditors refers to experience with other EU spending programs. There, violations, including in the award of public contracts and state aid, occur time and again. The Court, therefore, urges the Commission to close the assurance gap for ARF at the EU level.

    Among other things, the Commission would have to provide guidance to member states on how to act in the event that a funded measure is reversed in the event of non-compliance. While speaking to Table.Media in mid-February, ECA’s German member Klaus-Heiner Lehne already demanded: “The Commission must clearly show what significance and value each individual reform and investment requirement has for the member state, so that it is clear what it will face in the event of non-fulfillment, for example with the clawback of disbursed funds”. cr

    • EU
    • European Commission

    Ukraine: Borrell demands €2 billion for ammunition

    During an informal Stockholm meeting, EU defense ministers welcomed a proposal by Foreign Affairs Commissioner Josep Borrell to speed up ammunition procurement for Ukraine and member states with European funding. There had been general agreement, but some issues were still open, Borrell said. The Spaniard had presented a so-called non-paper to the roundtable with a three-pronged approach.

    Thus, as a first step, Borrell proposes to provide €1 billion to procure 155 mm artillery shells for Ukraine. The funds are to come from the European Peace Facility (EFF). Specifically, member states will be compensated from the fund if they provide Ukraine with weapons or bullets from their stocks. Under discussion is an increase in the reimbursement rate from the recent 50 percent to 90 percent. This is conditional on a member state also supplying the ammunition within a certain period. He said there was agreement on the urgency of speeding up the delivery of ammunition.

    Joint procurement as in pandemic

    In parallel, the Foreign Affairs Commissioner and the Commission want to initiate joint procurement of ammunition for artillery and battle tanks, following the example of the Covid vaccines. Another €1 billion is to be made available for this purpose via the European Defense Agency (EDA): “If we proceed together, we can not only bring down the price, but also reduce delivery times,” said the Foreign Affairs Commissioner. In addition, the non-paper provides, in the third place, for supporting the development of additional capacities in the defense industry. Among other things, production bottlenecks are to be identified and eliminated. There is also talk of bringing production facilities back to the EU. Borrell prepared his non-paper together with Internal Market Commissioner Thierry Breton.

    Ukrainian Defense Minister Oleksiy Reznikov criticized the EU plans at the Stockholm meeting as insufficient. Ukraine needs one million artillery shells, he said, and up to €4 billion are needed for this. The background to this is that Ukraine is suffering from a chronic shortage of artillery ammunition and can currently only fire up to a maximum of 120,000 rounds per month, while the Russian armed forces have a good ten times more at their disposal.

    Pistorius makes a strong case for Ukraine

    “We need to expand and dynamize support,” Minister of Defense Boris Pistorius said at the end of the meeting in Stockholm. In addition to the weapon systems, the necessary ammunition is also needed, he said. Capacities must now be ramped up, and the industry must make the right decisions. Some of this is already happening, but it will take time. That is why it is now a matter of gathering and supplying stocks, or at least what is possible in terms of the country’s own defense and alliance capabilities.

    Josep Borrell is counting on defense ministers to approve his three-pronged proposal at the formal March 20 council. Otherwise, the procurement of ammunition for Ukraine and the replenishment of the country’s own stocks could also occupy the heads of state and government at the EU summit on March 23-24. sti

    • European Defense
    • Josep Borrell
    • Ukraine

    France: ‘significant’ crack discovered in nuclear reactor

    A new crack has been discovered in the currently shutdown nuclear reactor number 1 in Penly (northwestern France), which was described as “significant” by the operator EDF in a note published at the end of February. Contexte had first reported. This crack is forcing the French state-owned company to rethink its current strategy for repairing corrosion damage.

    This crack affects the strength of the piping and the safety function associated with cooling the reactor, according to the French nuclear regulator (ASN), which ranks the event at level 2 on the Ines risk scale. According to ASN, the event had “no impact on the environment or personnel”. The crack extends 155 millimeters, or about a quarter of the pipe’s circumference, and is up to 23 millimeters deep – with a pipe thickness of 27 mm. “It’s a particularly deep crack,” said the deputy director general of the Institute for Radiation Protection and Nuclear Safety (IRSN), Karine Herviou, who was interviewed about it on the public radio station France Info: “We were pretty close to a leak“.

    Further nuclear power plants affected by damage

    While EDF is in the process of inspecting more than 150 welds and plans to replace the piping of all P’4 (1300 MW) stage reactors during 2023, ASN is asking the operator to revise its inspection strategy to take this event into account. This will be presented “in the coming days,” according to EDF, which also confirmed yesterday (Wednesday) that corrosion damage has also been detected at three other reactors (Civaux 2, Chooz 2 and Penly 2). These events are classified at level 1 on the Ines scale.

    At a hearing in the Senate, the French equivalent of the Federal Council, on Wednesday, ASN President Bernard Doroszczuk said the crack was due to a “deviation in the adjustment of the piping during its repair”, “an approach that is unacceptable in that the piping was opened by force”, he stressed. The discovery of the crack is likely to have implications for the restart of the affected reactors. So far, EDF is sticking to May 2 as the date for reconnecting the Penly 1 reactor, which has been shut down since October 2021, to the grid. cst

    • Energy policy
    • Nuclear power
    • Power

    Denmark: first CO2 storage under North Sea

    On Wednesday, Denmark began storing CO2 under the North Sea. At the depleted Nini West oil field, up to 15,000 tons of liquefied CO2 from Belgium are to be pumped a good 1,800 meters into the depths by the beginning of April in the pilot phase of the Greensand project.

    “Today we are opening a new chapter for the North Sea, a green chapter,” said Denmark’s Crown Prince Frederik. EU Commission President Ursula von der Leyen also spoke positively via video message: “This is a great moment for the green transition in Europe”.

    Carbon Capture and Storage (CCS) involves capturing CO2 from industrial processes, for example, transporting it to an underground storage facility and storing it there. A consortium led by BASF subsidiary Wintershall Dea and British chemical company Ineos is working together on Greensand. According to Wintershall, this is the world’s first cross-border offshore CO2 storage facility with the explicit purpose of mitigating climate change.

    CCS also an option for Germany

    Denmark recently granted the first permits to allow large-scale storage of CO2 under the North Sea seabed. A bilateral agreement with Belgium allows CO2 to be transported to Denmark. The consortium of Wintershall Dea and Ineos hopes that politicians will create the legal framework for this in other countries as well – especially in Germany.

    On its website, Habeck’s ministry already presents CCS technology as part of Germany’s climate strategy. By 2050, the aim is to remove more greenhouse gas from the atmosphere than is emitted. To make this possible, the ministry says that unavoidable CO2 emissions could be captured and then used or stored.

    By contrast, CCS is controversial among environmental associations and climate protectionists. They fear that the technology will dampen ambition in climate protection and the expansion of renewable energies, and warn of dangers to the environment, for example, from carbon dioxide leakage. dpa

    • CCS
    • Climate Policy
    • Ursula von der Leyen

    Heads

    Annegret Groebel – the network pioneer

    Annegret Groebel is president of the Council of European Energy Regulators (CEER). (Photo: CEER)

    If citizens in Europe can have electricity and gas at any time, travel without borders by train or use the Internet at low cost, it is also due to the work of civil servants like Annegret Groebel. For decades, the enterprising economist has been helping to weld together the single market in the EU’s network industries: railroads, postal services, telecommunications and energy.

    “Before the pandemic, I was actually either in Brussels or another European city every week,” says the head of the International Affairs Department at the German Federal Network Agency. Groebel travels the continent in several roles at once – for example, as President of the Council of European Energy Regulators (CEER).

    CEER supervises end-user markets, ACER supervises wholesale trade

    We develop the methods for Europe’s regulators to best achieve the goals of the Brussels regulatory framework”, says the 62-year-old. In the CEER, Europe’s regulators organize themselves and monitor how consumer-friendly the retail markets for gas and electricity are functioning.

    The body thus complements ACER, the Agency for the Cooperation of Energy Regulators. The agency in Ljubljana is supposed to oversee wholesale energy trading – and the omnipresent Annegret Groebel is also a member of ACER’s Regulatory Council.

    Regulators provide data for Commission decisions

    In the energy crisis, with high prices weighing on Europe’s consumers, regulators are providing DGs with information that later becomes the basis for legislative proposals. “When the REPowerEU package came along, the Commission approached CEER very early on and asked for data on supply contracts for electricity and gas“, Groebel recounts.

    How many consumers even have contracts with price guarantees? How have member states regulated whether and at what rates customers are still supplied if their supplier goes bankrupt? All of these questions suddenly had the utmost urgency. “In some cases, suppliers flipped because they hadn’t hedged against high prices, and in some member states, customers don’t automatically fall into a replacement supply“, the regulatory expert reports.

    Abandonment of merit order could destroy single market

    For Groebel, solid data is also essential in the discussion about reforming the electricity market design: “Without sufficient information, there is a risk that policymakers will make well-intentioned proposals but reform will fail”. The CEER president warns against one step in particular: “EU legislators should not decouple the price of electricity from the price of gas. The market’s price signals according to the merit order of power plants express shortages and form the foundation for electricity trade between EU states“, Groebel explains.

    “If the market design is adjusted too much, there is a risk of distorting and, in the worst case, destroying the European internal market. Regulators would have to change too many methods for cross-border electricity trading. Within a few months, neither the authorities can handle that nor the market players can implement it”. In addition, according to Groebel, investors would be unsettled if prices lost their incentive effect, so that not enough would be invested in renewable energies and flexibility.

    As recently as the beginning of February, the European Court of Auditors complained that the member states had not even fully implemented all the regulatory methods under the third energy market package of 2009.

    New telecommunications market

    Annegret Groebel’s career began a decade earlier at the birth of European regulated markets in the network industries. After completing her doctorate in Mannheim, the economist joined the Postal Ministry in 1997: “At that time, however, I was already employed by the new regulatory authority for telecommunications and postal services. At that time, we were already doing something in Bonn that didn’t exist in any other European country“.

    The tinkerers in the offices had devised a method of unbundling customers’ telephone lines from the “monopolist” Deutsche Telekom and making them completely accessible to new competitors. “In other countries, there was a lot of interest in how this worked. And since I was in the relevant chamber and also spoke English, I was invited to go along”, Annegret Groebel recounts.

    Balancing European interests

    In 2001, the president of the agency brought the Hessian into the staff department, where she gradually built up the International Affairs Department, which was then merged with the Postal Department. In Brühl, the economist completed a Master of European Administrative Management at the European University of Applied Sciences. “Fortunately, it was possible to do this on the side, and this degree gave me a basic foundation of European knowledge for my day-to-day work”, says the knowledgeable economist.

    Conversely, Annegret Groebel benefits from her broad wealth of experience in Brussels. “In European bodies, you never get everyone committed to exactly the same method. Getting the right amount of consistency and room for maneuver is tricky but doable in the EU“. Manuel Berkel

    • Energy
    • Natural gas
    • Power

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