Table.Briefing: Europe (English)

Key role for Competition Commissioner + AI tool to combat bureaucracy

Dear reader,

The economic and technological developments in the last election period have made it very clear to us in Europe that we will not be able to defend our way of life and our democracy if our economy does not become stronger. This is especially true with the prospect of Donald Trump becoming president again and leading the USA into an uncertain future.

Europe’s economy must become more innovative and competitive. No one is likely to disagree with that. There are, of course, many opinions on how this can be achieved. Do we need European champions who can compete on an equal footing with the really big players from the USA or China? Or are the many small and medium-sized specialists, who can do what no one else can, our competitive advantage? We probably need both.

But one thing always applies: For our companies to become more competitive, we need a single internal market that offers attractive conditions. If you have to meet different requirements in every member state, your business will not progress. This is not a new insight, but unfortunately the reality is still different. It is therefore not trivial who will be the new Competition Commissioner in the new Commission. Till Hoppe explains the details.

And what we always need, alongside clever politicians and courageous entrepreneurs, are resourceful IT experts and lawyers. Like those from the Stuttgart Chamber of Industry and Commerce, who have developed an AI tool to reduce bureaucracy.

We wish you every success in overcoming mental barriers and bureaucratic hurdles!

Your
Corinna Visser
Image of Corinna  Visser

Feature

Von der Leyen: Election of Competition Commissioner sets important course

It’s only a few sentences, but they were enough to set the world of competition watchdogs on edge: “I believe that we need a new approach to competition policy“, writes Ursula von der Leyen in her political guidelines for her second term of office. This must be “better aligned with our common goals” and provide “stronger support” to companies that want to expand on global markets.

It seems that the Commission President is siding with Germany, France, and a number of industry representatives: At least since the rail merger between Siemens and Alstom was prohibited in 2019, Berlin and Paris have been pushing for the standards of merger control to be relaxed to allow the emergence of globally competitive large companies.

At their Council of Ministers at the end of May, both governments called for a review of European competition rules and practices to see whether they “allow consortia formation and consolidation in key sectors (e.g. mobile networks, aviation) to strengthen European resilience“.

Von der Leyen selects new Competition Commissioner

Many smaller member states have been resisting such relaxations for just as long. They fear that large corporations from the big countries will dominate their markets. For von der Leyen, wanting to change the legal basis of the Merger Regulation would therefore have little chance of success. This is because it would require unanimity in the Council. “However, it will be difficult to explain to Denmark or the Netherlands why they should abandon the fine balance of interests in favor of large companies from other member states”, says Andreas Schwab, the EPP Group’s spokesperson for internal market policy.

But von der Leyen has another lever: In the coming weeks, she will decide who she wants to appoint as the new Competition Commissioner, one of the most powerful posts in her new college. Margrethe Vestager of Denmark had defended herself doggedly against the many attempts by her French colleague Thierry Breton to relax the supervisory standards.

But Vestager’s ten-year term ends in the fall. Who von der Leyen will appoint as his successor is a matter of speculation at best. The only thing that seems clear is that it will not be Breton (or another candidate from Paris). Customs prohibit the appointment of a competition commissioner from the large states of Germany and France.

Revolution fails to materialize

In any case, there is much to suggest that it will be more about gradual adjustments in the practice of merger control than revolutionary reforms:

  • Von der Leyen seems to be aware of the political resistance and in her own political guidelines she states that competition should “prevent market concentration from increasing prices or lowering the quality of goods or services for consumers”.
  • Even a Commissioner with sympathy for large-scale mergers would only have limited leeway: The specific cases are examined by officials in the very self-confident Directorate-General for Competition. The decisions taken must also withstand the critical eye of the Commission’s legal service and stand up in court.
  • There are cautionary voices in the German government who are pushing for a little more flexibility in individual cases rather than wanting to clear the way for large-scale mergers that could be to the detriment of consumers. State Secretary for Economic Affairs Sven Giegold, for example, praised Vestager’s decision to prohibit the rail merger between Siemens and Alstom. He is in favor of smaller changes such as tighter procedures and new measures against so-called killer acquisitions of innovative start-ups.

Two sectors involved: Aviation and telecommunications

The political discussion focuses primarily on two sectors: aviation and telecommunications. In aviation, large providers such as Lufthansa, Air France-KLM and IAG are pursuing a strategy of strengthening themselves by taking over smaller rivals in order to compete with low-cost airlines or larger competitors from the USA or the Gulf States.

However, the Commission takes a critical view of the consolidation, as prices rose in many cases and the number of flights fell as a result. Lufthansa’s takeover of Italy’s ITA was only approved after extensive scrutiny and subject to strict conditions. The purchase of the Spanish Air Europa by IAG is on the brink because of the authority’s demands.

The airlines often have the backing of their domestic governments for their expansion plans, as they see strategic value in them. Berlin and Rome, for example, campaigned for the Commission to approve the Lufthansa-ITA deal despite their reservations. The takeover is an example of “how a takeover was approved under political pressure that should actually have been prohibited from a competition perspective“, criticizes Tomaso Duso, head of department at the German Institute for Economic Research and member of the German Monopolies Commission.

Telecommunications companies want to be allowed to swallow up competitors

The major telecommunications companies are in turn pushing for greater consolidation in the national markets. Until now, the Commission has prohibited takeovers of mobile phone companies if this would reduce the number of providers in a country to fewer than four. Deutsche Telekom CEO Tim Höttges and other CEOs argue that the high price pressure is robbing companies of the air they need to invest in upgrading their networks.

Former Italian Prime Minister Enrico Letta partially shared this view in his report on the Single Market: He sees the “need for a certain degree of consolidation within national markets” given the scale of investment required in new technologies such as edge/cloud or 6G.

However, Letta’s focus is on breaking down the boundaries of today’s largely nationally organized markets. Mergers could then create “cross-border operators of a European dimension“.

First domestic market, then consolidation

CDU MEP Andreas Schwab argues similarly: “We should now create a genuine European single market for telecommunications services in which companies can leverage synergies.” In a large single market, larger players could also be permitted without increasing prices for consumers.

DIW expert Tomaso Duso argues that telecommunications companies are actually seeking more market power in their domestic markets in order to be able to raise prices. The companies could easily merge across borders, “the argument that strict merger control would prevent big players is a masterpiece of lobbying by the telecoms groups“.

The economist fears that the beneficiaries of looser supervision will hijack the current debate on Europe’s competitiveness problems. “We should not draw the wrong conclusions from this: Competition in the domestic market is the foundation for global competitiveness.” What is needed is a targeted European industrial policy – “and not one that distributes money to large companies with good political contacts”.

  • Wettbewerbspolitik
Translation missing.Translation missing.

News

New European Bauhaus: Commission adopts guidelines for investors

The Commission has adopted guidelines for investments in the New European Bauhaus (NEB). They are intended to convey how and why investments can be made in line with the values and principles of the NEB. The NEB was founded by the Commission in 2021 as an interdisciplinary and creative initiative to anchor aesthetics, sustainability and inclusion in the construction environment.

The 183-page document is divided into two parts: The first part provides general guidance to help investors, developers and owners better understand how the NEB works. The second part provides specific recommendations for investments. These include planning and design solutions, technological solutions, approaches to public involvement and alternative operating models that help to create high-quality projects in line with the values and principles of the NEB. mgr

  • Green Deal

Cultured meat: First company applies for EU approval

The French start-up Gourmey has submitted the first application for approval for cultured meat in the European Union. Gourmey has also applied to the relevant authorities in the UK, Switzerland, Singapore and the USA for approval of its cultured duck liver pâté (foie gras). In the EU, the application falls within the scope of the Novel Foods Regulation.

The approval process for the European market is considered to be particularly strict. In the first phase, the EU Food Safety Authority (EFSA) examines the product safety documentation and assesses the risk posed by the novel food.

Based on this, the EU Commission and member states will decide on the approval in a second step. “We look forward to continuing to work closely with the regulatory authorities to ensure full compliance with safety requirements during these procedures”, said Nicolas Morin-Forest, CEO of Gourmey.

First market approvals in Singapore and USA

The first approvals for cultured meat have already been granted in Singapore and the USA. In Israel, the Israeli start-up Aleph Farms received market approval for its cultured beef product this year. Other companies state that they are in preliminary talks with the EFSA approval authority, including the German company The Cultivated B and the Dutch start-up Mosa Meat.

Cultured foods are based on cell culture techniques that are used to produce food – for example, to grow yeast for baking bread or to produce rennet for cheese. Starting from a small sample of animal cells, the cells grow into muscle, fat or other tissues. Gourmey states that it manufactures its product without animal ingredients such as calf serum (TCS) and without antibiotics. heu

  • Lebensmittel

Condor: Commission re-examines state aid

The European Commission is investigating whether a €321.2 million German restructuring measure for the airline Condor complies with EU state aid rules. The measure was originally approved by the Commission in July 2021 on the basis of the State Aid Guidelines on Rescue and Restructuring. However, the approval was annulled by the General Court of the EU.

Condor provides air transportation services for private customers and tour operators from its hubs in Germany. In September 2019, the airline had to file for insolvency due to the liquidation of its parent company, the Thomas Cook Group. In July 2021, the Commission approved a restructuring measure to enable Condor to return to viability. Rival airline Ryanair challenged this decision before the General Court of the European Union.

Court found that the Commission had not sufficiently examined

The restructuring measure comprised:

  • the write-off of receivables amounting to €90 million from a state-guaranteed public loan of €550 million granted by the German development bank KfW,
  • a reorganization of the repayment conditions for the remaining loan amount, insofar as it was used to finance the restructuring costs,
  • the write-off of interest receivables in the amount of €20.2 million from the compensation that Condor received during the COVID-19 crisis.

In May, the General Court found that the Commission had not examined whether Germany had received sufficient compensation for the write-downs granted to Condor. According to the General Court, the Commission should have examined in particular whether Germany had received sufficient premiums to ensure that former shareholders and subordinated creditors bore a sufficient share of the restructuring burden so that the amount of aid would be lower. vis

  • Wettbewerbspolitik

DSA: Commission also keeps an eye on state elections

Observers did not detect any major or systematic disinformation incidents before or during the 2024 European elections. Nevertheless, a few weeks before the state elections in Saxony, Thuringia and Brandenburg, the Commission is reminding social networks to continue to comply with the European rules against disinformation and foreign information manipulation and interference (Fimi).

It also wants to ensure that online platforms comply with the requirements of the Digital Services Act (DSA) in the upcoming national, regional and local elections. This is the conclusion of the follow-up report on the 2024 European elections, which the European Board for Digital Services has now presented. The report draws a positive balance of the measures taken so far.

The European Digital Media Observatory (EDMO) had already stated that the fight against disinformation in the 2024 European elections had been won, “but the war of attrition is far from over“. As expected, EDMO had found an increase in EU-related disinformation in the run-up to the elections, accounting for 15 percent of total disinformation detected in the month before the elections, compared to 11 percent two months before the elections. This increase is in line with the usual trends where disinformation follows information trends. In this case, an increased focus of the information space on the EU around the EP elections.

The Code of Conduct as part of the DSA

After the European elections, the underlying threat of disinformation and foreign information manipulation is likely to evolve, the report says. “Continued investment in countering such threats will remain a high priority.” The Commission, together with the Digital Services Coordinators (DSCs) in the member states, will continue to monitor the situation.

The report also states that the Board’s ad hoc working group will be integrated into a permanent working group in which the Commission and the DSCs will continue to build and share knowledge. The Commission also intends to continue its work under the Code of Practice on Combating Disinformation in Elections. The Commission also intends to finalize and stabilize the Code’s Rapid Response System for future elections. In addition, the Code of Conduct is to become a co-regulatory part of the DSA. vis

  • Europawahlen 2024

Wolves: ECJ calls for better protection of animals in Spain

iberischer Wolf
The Iberian wolf population is not recovering as well as in other regions.

The highest European court has strengthened the protection of wolves in Spain. The judges of the European Court of Justice (ECJ) ruled that if the condition of the animals is poor at a national level, hunting should not simply be allowed in individual regions where wolves are slightly better off. An assessment of whether a population is in good condition must always be carried out “at the level of the biogeographical region or even across borders”, the Court stated.

As soon as an animal species is in an unfavorable conservation status, the competent authorities must take measures to ensure that the population is well in the future. The Luxembourg-based court also ruled that a regional law allowing wolves to be hunted in a certain region of Spain was in breach of EU law.

In Spain, wolves are subject to different protection regulations: Wolves south of the River Duero in northern Spain are strictly protected, so hunting them is generally prohibited. North of the river, a regional law reportedly permitted the hunting of the animals under certain conditions in 2019.

Wolves were almost extinct in Spain

At the beginning of the 1970s, wolves were almost extinct in Spain. After the animals were placed under protection in the hunting law, the populations slowly recovered. A census in 1986-1988 recorded 294 packs. In a second census in 2012-2014, there were barely any more, 297 packs with a total of around 2,800 animals.

According to a report by state TV station RTVE, scientists have found that wolf populations have not recovered as well as in some other European countries. The development of the population was described as “unfavorable”. One of the reasons could be a dramatically shrunken gene pool as a result of the low number of animals and their spatial isolation. The wolves’ chances of survival have also decreased due to climate change and environmental pollution. dpa

  • EuGH

Tourism: ECJ strengthens rights of package travelers

The European Court of Justice (ECJ) has strengthened consumers’ hopes of getting their money back in certain cases following the insolvency of their tour operator. The ECJ in Luxembourg ruled that protection against the insolvency of a tour operator can also apply if the consumer withdraws from their trip due to “unavoidable and extraordinary circumstances and the tour operator becomes insolvent after this withdrawal”.

There is no reason to treat travelers whose vacation is canceled because the tour operator is bankrupt differently from travelers who have canceled their trip due to “unavoidable and extraordinary circumstances”. EU law stipulates that a consumer who does not take a package holiday due to “unavoidable and extraordinary circumstances” is entitled to a full refund.

Background: Cases from the Covid pandemic

The ruling is based on cases from Belgium and Austria – in both cases, the people affected had canceled their trips planned for 2020 due to the Covid pandemic. Shortly afterwards, the tour operator went bankrupt. In the Austrian case, the consumers then took HDI, the tour operator’s insurer, to court. According to the Court, HDI argued that it did not have to reimburse anything because the trip had been canceled due to coronavirus and not because of the insolvency. The ECJ did not follow this argument. HDI has not yet commented on the current ruling.

In both cases, national courts must now make a final decision and take the ECJ ruling into account. According to EU law, the member states should ensure that package holidaymakers are fully protected against the insolvency of the tour operator. dpa

  • EuGH

Must-Reads

Opinion

IHK Stuttgart: Innovative AI tool to reduce bureaucracy

By Claus Paal
Claus Paal is President of the IHK Stuttgart Region

The frustration is great. For years, companies have been promised a reduction in bureaucracy – but nothing has happened. On the contrary: politicians are constantly coming up with new projects, whether at state, federal or European level.

The result is reflected in a recent IHK survey. On a scale of one to ten, companies currently rate the burden of bureaucracy at 7.8, compared to 5.3 in 2019. A look towards Europe also confirms this: 95% of companies in the southwest say that the new EU Commission needs to tackle bureaucracy reduction with vigor. 85% believe that the flood of red tape significantly weakens the attractiveness of Europe as a business location.

IT experts and lawyers cooperate

An alarm signal for us and time to act. We were looking for a way to get away from the small details and develop systematic approaches. A discussion among colleagues – between the IT department and the legal department – gave rise to the idea of using AI for our purposes. We launched a bureaucracy check and asked our member companies to use the email address buerokratieabbau(at)stuttgart.ihk.de to report the examples from their day-to-day work where bureaucracy slows them down the most.

The majority of examples are small-scale statistical and reporting obligations as well as formal requirements. In addition, companies suffer from long and complex approval procedures and thus from poorly digitized and understaffed administrations.

Many hundreds of reports have been received

So far, many hundreds of reports on bureaucratic burdens have been received. These are entered into an AI-based tool that is fed exclusively by us. In addition, our legal experts have collected, categorized and uploaded around 700 documents from all possible sources and used another AI to search through around 6300 individual standards from Baden-Württemberg state law.

The results are:

  • 548 reporting obligations
  • 713 documentation obligations
  • 395 written form requirements

The next step is to target all application and approval procedures. The flood of legislation at the federal and EU level is also on our agenda and could be searched using our tool.

Authority can react within eight weeks

Our AI processes all the data entered, clusters it and our team uses it to develop solutions that can be adopted by the various legislators as overarching guidelines. Our specific proposals include, for example, generally doubling the threshold values for laws, such as the number of employees above which a regulation should apply.

In addition, it should be possible to fulfill any obligation to provide evidence, reporting or documentation by submitting a self-declaration; checks are carried out on a random basis. Each permit is deemed to have been granted if the competent authority has not decided on the application within eight weeks.

The same applies to the documents: they are deemed to be complete if the competent authority has not requested additional documents within four weeks. And if a written form is required anyway, it should also be possible in the future to submit it as an electronic declaration. We move many thousands of euros back and forth through online banking, but communication with an authority is not possible electronically?

Federal and state governments show interest in the AI tool

The state of Baden-Württemberg has expressed interest in our AI tool. The relief alliance of politicians and associations launched by the state has issued a public call via the Ministry of Economic Affairs to report examples to us. We are already providing the relief alliance with specific examples of bureaucratic burdens in state law. Federal politicians have also become aware of our tool and have contacted the IHK.

Politicians can no longer ignore companies’ calls for relief. Our initial proposals are on the table. We are convinced that reducing bureaucracy is possible if it is wanted. The ball is now in the politicians’ court. But we will not give up until the 180-degree turnaround is initiated.

Claus Paal is the President of the IHK Stuttgart Region.

Europe.table editorial team

EUROPE.TABLE EDITORIAL OFFICE

Licenses:
    Dear reader,

    The economic and technological developments in the last election period have made it very clear to us in Europe that we will not be able to defend our way of life and our democracy if our economy does not become stronger. This is especially true with the prospect of Donald Trump becoming president again and leading the USA into an uncertain future.

    Europe’s economy must become more innovative and competitive. No one is likely to disagree with that. There are, of course, many opinions on how this can be achieved. Do we need European champions who can compete on an equal footing with the really big players from the USA or China? Or are the many small and medium-sized specialists, who can do what no one else can, our competitive advantage? We probably need both.

    But one thing always applies: For our companies to become more competitive, we need a single internal market that offers attractive conditions. If you have to meet different requirements in every member state, your business will not progress. This is not a new insight, but unfortunately the reality is still different. It is therefore not trivial who will be the new Competition Commissioner in the new Commission. Till Hoppe explains the details.

    And what we always need, alongside clever politicians and courageous entrepreneurs, are resourceful IT experts and lawyers. Like those from the Stuttgart Chamber of Industry and Commerce, who have developed an AI tool to reduce bureaucracy.

    We wish you every success in overcoming mental barriers and bureaucratic hurdles!

    Your
    Corinna Visser
    Image of Corinna  Visser

    Feature

    Von der Leyen: Election of Competition Commissioner sets important course

    It’s only a few sentences, but they were enough to set the world of competition watchdogs on edge: “I believe that we need a new approach to competition policy“, writes Ursula von der Leyen in her political guidelines for her second term of office. This must be “better aligned with our common goals” and provide “stronger support” to companies that want to expand on global markets.

    It seems that the Commission President is siding with Germany, France, and a number of industry representatives: At least since the rail merger between Siemens and Alstom was prohibited in 2019, Berlin and Paris have been pushing for the standards of merger control to be relaxed to allow the emergence of globally competitive large companies.

    At their Council of Ministers at the end of May, both governments called for a review of European competition rules and practices to see whether they “allow consortia formation and consolidation in key sectors (e.g. mobile networks, aviation) to strengthen European resilience“.

    Von der Leyen selects new Competition Commissioner

    Many smaller member states have been resisting such relaxations for just as long. They fear that large corporations from the big countries will dominate their markets. For von der Leyen, wanting to change the legal basis of the Merger Regulation would therefore have little chance of success. This is because it would require unanimity in the Council. “However, it will be difficult to explain to Denmark or the Netherlands why they should abandon the fine balance of interests in favor of large companies from other member states”, says Andreas Schwab, the EPP Group’s spokesperson for internal market policy.

    But von der Leyen has another lever: In the coming weeks, she will decide who she wants to appoint as the new Competition Commissioner, one of the most powerful posts in her new college. Margrethe Vestager of Denmark had defended herself doggedly against the many attempts by her French colleague Thierry Breton to relax the supervisory standards.

    But Vestager’s ten-year term ends in the fall. Who von der Leyen will appoint as his successor is a matter of speculation at best. The only thing that seems clear is that it will not be Breton (or another candidate from Paris). Customs prohibit the appointment of a competition commissioner from the large states of Germany and France.

    Revolution fails to materialize

    In any case, there is much to suggest that it will be more about gradual adjustments in the practice of merger control than revolutionary reforms:

    • Von der Leyen seems to be aware of the political resistance and in her own political guidelines she states that competition should “prevent market concentration from increasing prices or lowering the quality of goods or services for consumers”.
    • Even a Commissioner with sympathy for large-scale mergers would only have limited leeway: The specific cases are examined by officials in the very self-confident Directorate-General for Competition. The decisions taken must also withstand the critical eye of the Commission’s legal service and stand up in court.
    • There are cautionary voices in the German government who are pushing for a little more flexibility in individual cases rather than wanting to clear the way for large-scale mergers that could be to the detriment of consumers. State Secretary for Economic Affairs Sven Giegold, for example, praised Vestager’s decision to prohibit the rail merger between Siemens and Alstom. He is in favor of smaller changes such as tighter procedures and new measures against so-called killer acquisitions of innovative start-ups.

    Two sectors involved: Aviation and telecommunications

    The political discussion focuses primarily on two sectors: aviation and telecommunications. In aviation, large providers such as Lufthansa, Air France-KLM and IAG are pursuing a strategy of strengthening themselves by taking over smaller rivals in order to compete with low-cost airlines or larger competitors from the USA or the Gulf States.

    However, the Commission takes a critical view of the consolidation, as prices rose in many cases and the number of flights fell as a result. Lufthansa’s takeover of Italy’s ITA was only approved after extensive scrutiny and subject to strict conditions. The purchase of the Spanish Air Europa by IAG is on the brink because of the authority’s demands.

    The airlines often have the backing of their domestic governments for their expansion plans, as they see strategic value in them. Berlin and Rome, for example, campaigned for the Commission to approve the Lufthansa-ITA deal despite their reservations. The takeover is an example of “how a takeover was approved under political pressure that should actually have been prohibited from a competition perspective“, criticizes Tomaso Duso, head of department at the German Institute for Economic Research and member of the German Monopolies Commission.

    Telecommunications companies want to be allowed to swallow up competitors

    The major telecommunications companies are in turn pushing for greater consolidation in the national markets. Until now, the Commission has prohibited takeovers of mobile phone companies if this would reduce the number of providers in a country to fewer than four. Deutsche Telekom CEO Tim Höttges and other CEOs argue that the high price pressure is robbing companies of the air they need to invest in upgrading their networks.

    Former Italian Prime Minister Enrico Letta partially shared this view in his report on the Single Market: He sees the “need for a certain degree of consolidation within national markets” given the scale of investment required in new technologies such as edge/cloud or 6G.

    However, Letta’s focus is on breaking down the boundaries of today’s largely nationally organized markets. Mergers could then create “cross-border operators of a European dimension“.

    First domestic market, then consolidation

    CDU MEP Andreas Schwab argues similarly: “We should now create a genuine European single market for telecommunications services in which companies can leverage synergies.” In a large single market, larger players could also be permitted without increasing prices for consumers.

    DIW expert Tomaso Duso argues that telecommunications companies are actually seeking more market power in their domestic markets in order to be able to raise prices. The companies could easily merge across borders, “the argument that strict merger control would prevent big players is a masterpiece of lobbying by the telecoms groups“.

    The economist fears that the beneficiaries of looser supervision will hijack the current debate on Europe’s competitiveness problems. “We should not draw the wrong conclusions from this: Competition in the domestic market is the foundation for global competitiveness.” What is needed is a targeted European industrial policy – “and not one that distributes money to large companies with good political contacts”.

    • Wettbewerbspolitik
    Translation missing.Translation missing.

    News

    New European Bauhaus: Commission adopts guidelines for investors

    The Commission has adopted guidelines for investments in the New European Bauhaus (NEB). They are intended to convey how and why investments can be made in line with the values and principles of the NEB. The NEB was founded by the Commission in 2021 as an interdisciplinary and creative initiative to anchor aesthetics, sustainability and inclusion in the construction environment.

    The 183-page document is divided into two parts: The first part provides general guidance to help investors, developers and owners better understand how the NEB works. The second part provides specific recommendations for investments. These include planning and design solutions, technological solutions, approaches to public involvement and alternative operating models that help to create high-quality projects in line with the values and principles of the NEB. mgr

    • Green Deal

    Cultured meat: First company applies for EU approval

    The French start-up Gourmey has submitted the first application for approval for cultured meat in the European Union. Gourmey has also applied to the relevant authorities in the UK, Switzerland, Singapore and the USA for approval of its cultured duck liver pâté (foie gras). In the EU, the application falls within the scope of the Novel Foods Regulation.

    The approval process for the European market is considered to be particularly strict. In the first phase, the EU Food Safety Authority (EFSA) examines the product safety documentation and assesses the risk posed by the novel food.

    Based on this, the EU Commission and member states will decide on the approval in a second step. “We look forward to continuing to work closely with the regulatory authorities to ensure full compliance with safety requirements during these procedures”, said Nicolas Morin-Forest, CEO of Gourmey.

    First market approvals in Singapore and USA

    The first approvals for cultured meat have already been granted in Singapore and the USA. In Israel, the Israeli start-up Aleph Farms received market approval for its cultured beef product this year. Other companies state that they are in preliminary talks with the EFSA approval authority, including the German company The Cultivated B and the Dutch start-up Mosa Meat.

    Cultured foods are based on cell culture techniques that are used to produce food – for example, to grow yeast for baking bread or to produce rennet for cheese. Starting from a small sample of animal cells, the cells grow into muscle, fat or other tissues. Gourmey states that it manufactures its product without animal ingredients such as calf serum (TCS) and without antibiotics. heu

    • Lebensmittel

    Condor: Commission re-examines state aid

    The European Commission is investigating whether a €321.2 million German restructuring measure for the airline Condor complies with EU state aid rules. The measure was originally approved by the Commission in July 2021 on the basis of the State Aid Guidelines on Rescue and Restructuring. However, the approval was annulled by the General Court of the EU.

    Condor provides air transportation services for private customers and tour operators from its hubs in Germany. In September 2019, the airline had to file for insolvency due to the liquidation of its parent company, the Thomas Cook Group. In July 2021, the Commission approved a restructuring measure to enable Condor to return to viability. Rival airline Ryanair challenged this decision before the General Court of the European Union.

    Court found that the Commission had not sufficiently examined

    The restructuring measure comprised:

    • the write-off of receivables amounting to €90 million from a state-guaranteed public loan of €550 million granted by the German development bank KfW,
    • a reorganization of the repayment conditions for the remaining loan amount, insofar as it was used to finance the restructuring costs,
    • the write-off of interest receivables in the amount of €20.2 million from the compensation that Condor received during the COVID-19 crisis.

    In May, the General Court found that the Commission had not examined whether Germany had received sufficient compensation for the write-downs granted to Condor. According to the General Court, the Commission should have examined in particular whether Germany had received sufficient premiums to ensure that former shareholders and subordinated creditors bore a sufficient share of the restructuring burden so that the amount of aid would be lower. vis

    • Wettbewerbspolitik

    DSA: Commission also keeps an eye on state elections

    Observers did not detect any major or systematic disinformation incidents before or during the 2024 European elections. Nevertheless, a few weeks before the state elections in Saxony, Thuringia and Brandenburg, the Commission is reminding social networks to continue to comply with the European rules against disinformation and foreign information manipulation and interference (Fimi).

    It also wants to ensure that online platforms comply with the requirements of the Digital Services Act (DSA) in the upcoming national, regional and local elections. This is the conclusion of the follow-up report on the 2024 European elections, which the European Board for Digital Services has now presented. The report draws a positive balance of the measures taken so far.

    The European Digital Media Observatory (EDMO) had already stated that the fight against disinformation in the 2024 European elections had been won, “but the war of attrition is far from over“. As expected, EDMO had found an increase in EU-related disinformation in the run-up to the elections, accounting for 15 percent of total disinformation detected in the month before the elections, compared to 11 percent two months before the elections. This increase is in line with the usual trends where disinformation follows information trends. In this case, an increased focus of the information space on the EU around the EP elections.

    The Code of Conduct as part of the DSA

    After the European elections, the underlying threat of disinformation and foreign information manipulation is likely to evolve, the report says. “Continued investment in countering such threats will remain a high priority.” The Commission, together with the Digital Services Coordinators (DSCs) in the member states, will continue to monitor the situation.

    The report also states that the Board’s ad hoc working group will be integrated into a permanent working group in which the Commission and the DSCs will continue to build and share knowledge. The Commission also intends to continue its work under the Code of Practice on Combating Disinformation in Elections. The Commission also intends to finalize and stabilize the Code’s Rapid Response System for future elections. In addition, the Code of Conduct is to become a co-regulatory part of the DSA. vis

    • Europawahlen 2024

    Wolves: ECJ calls for better protection of animals in Spain

    iberischer Wolf
    The Iberian wolf population is not recovering as well as in other regions.

    The highest European court has strengthened the protection of wolves in Spain. The judges of the European Court of Justice (ECJ) ruled that if the condition of the animals is poor at a national level, hunting should not simply be allowed in individual regions where wolves are slightly better off. An assessment of whether a population is in good condition must always be carried out “at the level of the biogeographical region or even across borders”, the Court stated.

    As soon as an animal species is in an unfavorable conservation status, the competent authorities must take measures to ensure that the population is well in the future. The Luxembourg-based court also ruled that a regional law allowing wolves to be hunted in a certain region of Spain was in breach of EU law.

    In Spain, wolves are subject to different protection regulations: Wolves south of the River Duero in northern Spain are strictly protected, so hunting them is generally prohibited. North of the river, a regional law reportedly permitted the hunting of the animals under certain conditions in 2019.

    Wolves were almost extinct in Spain

    At the beginning of the 1970s, wolves were almost extinct in Spain. After the animals were placed under protection in the hunting law, the populations slowly recovered. A census in 1986-1988 recorded 294 packs. In a second census in 2012-2014, there were barely any more, 297 packs with a total of around 2,800 animals.

    According to a report by state TV station RTVE, scientists have found that wolf populations have not recovered as well as in some other European countries. The development of the population was described as “unfavorable”. One of the reasons could be a dramatically shrunken gene pool as a result of the low number of animals and their spatial isolation. The wolves’ chances of survival have also decreased due to climate change and environmental pollution. dpa

    • EuGH

    Tourism: ECJ strengthens rights of package travelers

    The European Court of Justice (ECJ) has strengthened consumers’ hopes of getting their money back in certain cases following the insolvency of their tour operator. The ECJ in Luxembourg ruled that protection against the insolvency of a tour operator can also apply if the consumer withdraws from their trip due to “unavoidable and extraordinary circumstances and the tour operator becomes insolvent after this withdrawal”.

    There is no reason to treat travelers whose vacation is canceled because the tour operator is bankrupt differently from travelers who have canceled their trip due to “unavoidable and extraordinary circumstances”. EU law stipulates that a consumer who does not take a package holiday due to “unavoidable and extraordinary circumstances” is entitled to a full refund.

    Background: Cases from the Covid pandemic

    The ruling is based on cases from Belgium and Austria – in both cases, the people affected had canceled their trips planned for 2020 due to the Covid pandemic. Shortly afterwards, the tour operator went bankrupt. In the Austrian case, the consumers then took HDI, the tour operator’s insurer, to court. According to the Court, HDI argued that it did not have to reimburse anything because the trip had been canceled due to coronavirus and not because of the insolvency. The ECJ did not follow this argument. HDI has not yet commented on the current ruling.

    In both cases, national courts must now make a final decision and take the ECJ ruling into account. According to EU law, the member states should ensure that package holidaymakers are fully protected against the insolvency of the tour operator. dpa

    • EuGH

    Must-Reads

    Opinion

    IHK Stuttgart: Innovative AI tool to reduce bureaucracy

    By Claus Paal
    Claus Paal is President of the IHK Stuttgart Region

    The frustration is great. For years, companies have been promised a reduction in bureaucracy – but nothing has happened. On the contrary: politicians are constantly coming up with new projects, whether at state, federal or European level.

    The result is reflected in a recent IHK survey. On a scale of one to ten, companies currently rate the burden of bureaucracy at 7.8, compared to 5.3 in 2019. A look towards Europe also confirms this: 95% of companies in the southwest say that the new EU Commission needs to tackle bureaucracy reduction with vigor. 85% believe that the flood of red tape significantly weakens the attractiveness of Europe as a business location.

    IT experts and lawyers cooperate

    An alarm signal for us and time to act. We were looking for a way to get away from the small details and develop systematic approaches. A discussion among colleagues – between the IT department and the legal department – gave rise to the idea of using AI for our purposes. We launched a bureaucracy check and asked our member companies to use the email address buerokratieabbau(at)stuttgart.ihk.de to report the examples from their day-to-day work where bureaucracy slows them down the most.

    The majority of examples are small-scale statistical and reporting obligations as well as formal requirements. In addition, companies suffer from long and complex approval procedures and thus from poorly digitized and understaffed administrations.

    Many hundreds of reports have been received

    So far, many hundreds of reports on bureaucratic burdens have been received. These are entered into an AI-based tool that is fed exclusively by us. In addition, our legal experts have collected, categorized and uploaded around 700 documents from all possible sources and used another AI to search through around 6300 individual standards from Baden-Württemberg state law.

    The results are:

    • 548 reporting obligations
    • 713 documentation obligations
    • 395 written form requirements

    The next step is to target all application and approval procedures. The flood of legislation at the federal and EU level is also on our agenda and could be searched using our tool.

    Authority can react within eight weeks

    Our AI processes all the data entered, clusters it and our team uses it to develop solutions that can be adopted by the various legislators as overarching guidelines. Our specific proposals include, for example, generally doubling the threshold values for laws, such as the number of employees above which a regulation should apply.

    In addition, it should be possible to fulfill any obligation to provide evidence, reporting or documentation by submitting a self-declaration; checks are carried out on a random basis. Each permit is deemed to have been granted if the competent authority has not decided on the application within eight weeks.

    The same applies to the documents: they are deemed to be complete if the competent authority has not requested additional documents within four weeks. And if a written form is required anyway, it should also be possible in the future to submit it as an electronic declaration. We move many thousands of euros back and forth through online banking, but communication with an authority is not possible electronically?

    Federal and state governments show interest in the AI tool

    The state of Baden-Württemberg has expressed interest in our AI tool. The relief alliance of politicians and associations launched by the state has issued a public call via the Ministry of Economic Affairs to report examples to us. We are already providing the relief alliance with specific examples of bureaucratic burdens in state law. Federal politicians have also become aware of our tool and have contacted the IHK.

    Politicians can no longer ignore companies’ calls for relief. Our initial proposals are on the table. We are convinced that reducing bureaucracy is possible if it is wanted. The ball is now in the politicians’ court. But we will not give up until the 180-degree turnaround is initiated.

    Claus Paal is the President of the IHK Stuttgart Region.

    Europe.table editorial team

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