Table.Briefing: Europe

Race for critical raw materials + New competition rules for digital corporations + EU: Internet from space

  • Critical raw materials: Why recycling is only a long-term solution
  • Digital Markets Act: current implementation status
  • MEPs reject disbursement of EU funds to Hungary
  • EU launches its own satellite Internet
  • Supply Chain Act: BDI calls EU Parliament ‘far removed from reality’
  • Commission to present MFF revision in early 2023
  • Permanent representatives to vote on AI Act today
  • Grain agreement extended by 120 days
  • Column: What’s cooking in Matignon?
Dear reader,

Critical raw materials (CRM) are raw materials that are in short supply worldwide. It would stand to reason that the critical raw materials would also be recycled. But this is not the case; the recycling rate for many of these raw materials is currently close to zero, experts have told Leonie Düngefeld. The European Commission has promised improvement: In March, it plans to unveil the Critical Raw Materials Act. The goal is to recover at least 20 percent of the rare earths contained in waste streams by 2030. At this week’s Raw Materials Week in Brussels, recycling was praised as the best solution – although the industry is not yet ready, it is said.

The Digital Markets Act is already being implemented. In late summer 2023, it will become clear which companies and their services will fall under the DMA, as Till Hoppe reports. The rules are basically clear: For example, a service must have at least 45 million monthly active users within the EU on a permanent basis. But in addition to established candidates like Apple and Google, there will also be companies that will try to minimize their market calculations and make their market power appear smaller than it actually is.

The conflict between the EU and Hungary may be entering the final phase. MEPs from all political groups are demanding that the EU Commission investigate Hungary’s measures against corruption in the country. The Commission is supposed to withhold €7.5 billion in EU funds until the promised measures have been implemented.

Your
Matthias Wulff
Image of Matthias  Wulff

Feature

Critical raw materials: Why recycling is only a long-term solution

At the end of March, the European Commission will present its proposal for a Critical Raw Materials Act. The aim is to establish and strengthen European value chains for strategically important raw materials. An important pillar of the legislative package is to be the establishment of a raw materials circular economy.

During Raw Materials Week, a conference in Brussels hosted by the Commission and industry partners, Commissioner for Internal Market Thierry Breton stressed that the legislative proposal should also include concrete targets for recycling critical raw materials. In a LinkedIn post back in September, he had cited as an example the goal to recover “at least 20% of the rare earth elements present in relevant waste streams by 2030.”

A study presented at the event by KU Leuven on behalf of Eurometaux, the association of the European non-ferrous metals industry, also concludes that “recycling is Europe’s most important opportunity to strengthen its long-term self-sufficiency. By 2050, it could supply 45 to 65 percent of Europe’s base metal needs, and as much as 77 percent of battery metals, and even provide a surplus of rare earths. Europe’s clean energy system will rely on durable metals that can be maintained indefinitely in a circular economy,” the report says.

Strategic subsidies needed for the recycling industry

But what about the near future? Recycling does have an important role to play in securing raw material supplies, said Kerstin Jorna, director general of DG Grow. “In the short and medium term, however, we will continue to need primary raw materials.” The KU Leuven study cites a 20-year period in which new primary materials will be crucial to Europe’s energy transition. This is mainly due to the exploding demand for lithium, aluminum, rare earths and other raw materials. However, there is another reason: The recycling industry in Europe for the minerals and metals concerned is still in its infancy.

“For the vast majority of so-called critical raw materials, recycling rates are extremely low. You could say almost zero,” says Jens Gutzmer, director of the Helmholtz Institute Freiberg for Resource Technology. Yet at least half of these minerals and metals have been on the list of critical raw materials for the EU for more than a decade. “We haven’t managed to build a recycling value chain for any of these critical raw materials that would have a significant impact now to relieve the primary raw material base.”

According to the raw materials researcher, however, this is not due to a lack of ideas, funds or laboratory experiments. Rather, the last step is the problem: scaling up the experiments to industrial operation. So far, this has not worked in Germany or elsewhere in Europe; the risk inherent in the necessary investments is simply too great for the private sector, explains Gutzmer.

Long product cycle also delays recycling

“Establishing a circular economy for many of the technology feedstocks would require an initial investment, similar to what renewable energy has seen.” Setting up an industry for solar and wind energy was also not economically viable at first, he said. Here, he explained, the government had made sure it could develop by intervening in the market.

In China, he says, such strategic subsidies have long been common. “We would have to accept that in Europe as well, that we have to get the industry going first to overcome this hurdle,” says Gutzmer. This would make it possible to make a much greater contribution to recycling in the case of high-tech metals.

Even when recycling processes are then ramped up to industrial scale, the available material is another problem: The products concerned usually have long lifetimes; the battery of an electric vehicle, for example, can only be recycled after about 15 years.

In countries like China, where there was a market and larger production capacities for lithium-ion cells much earlier, the recycling industry was also ramped up more quickly. In a sense, companies there could already test and optimize recycling processes with production scrap and shortages (Europe.Table reported).

Keeping secondary raw materials in Europe

That is why it is important to ensure that secondary raw materials are not exported but remain part of the domestic raw material base, says Paolo Cerruti, COO of battery manufacturer Northvolt. He calls for a ban on exports of recyclable materials. “We need to keep our own materials within our borders,” he said in Brussels this week.

Instead of focusing too much on recycling, policymakers and industry also need to drive other circular economy strategies on a large scale. This is the conclusion of a new study by sustainability consultancy Systemiq with the support of the European Climate Foundation (Europe.Table reported). This includes, for example, promoting car-sharing services, reducing the use of certain raw materials, and keeping products and materials in use for longer.

Various non-governmental organizations have long been calling for binding targets for a reduction in the consumption of primary raw materials. What was possible for limiting CO₂ emissions must also be achieved for the consumption of raw materials and goods, an activist told Europe.Table. The Commission had shown itself open to this idea – but did not want to formulate such targets in the current mandate.

  • Climate & Environment
  • Raw materials
  • Recycling
  • Sustainability

Digital Markets Act: current implementation status

Things won’t get really serious until early May, when the Digital Markets Act takes effect. Informally, however, the EU Commission and the major digital companies are already talking about the new rules, which are intended to limit the market power of the corporations. So far, the contacts have been quite constructive, according to Brussels: “But there is still fighting over the points that could potentially hurt the companies.”

First of all, there is the question of which companies and which of their services fall under the DMA at all. The regulations contain clear thresholds for the so-called gatekeepers – for example, a service must have at least 45 million monthly active users in the EU on a permanent basis. The legal text also lists the types of services to which the DMA’s conduct requirements apply, such as search engines, social networks and app stores.

But not all cases are as clear-cut as Google’s online search or Apple’s App Store. In borderline cases, companies could try to stay below the thresholds by defining the market in their own terms – the Commission does not even want to get involved in such discussions. In addition, there are cases such as Microsoft’s search engine Bing, where the thresholds for user numbers, revenue and stock market value may be reached, but the providers still have little market power. Additionally, the DMA also provides for the softer category of “emerging gatekeepers” that have not yet quite reached the quantitative values.

Gatekeepers are not fixed until summer

Who will fall under the DMA will therefore not be known until late summer of next year. After the launch on May 2, companies will have two months to notify the Commission of their services if they meet the criteria. The authority then has 45 working days to classify a company as a gatekeeper and thus bind it to the numerous rules and regulations in articles 5 and 6 of the DMA. The companies can still appeal against this. The Commission is prepared for this to happen, at least in borderline cases.

The authority does not intend to tackle the decision in the less clear-cut cases of whether a company falls into the gatekeeper category until a second wave, partly in order to better distribute the initially high workload. 80 positions are earmarked for supervision at the authority, partly through internal shifts and partly through new jobs in the Directorate-General for Communications Networks, Content and Technology. In addition, around 60 experts will be recruited at Connect and the Joint Research Centre (JRC), which is part of the Commission, in order to implement the Digital Services Act, which will come into force at the same time. The Commission plans to make further additions next year when the revenues from the supervisory fee that the groups concerned have to pay start flowing in.

The teams in the new unit are not to be aligned with individual gatekeepers – so there will be no Team Apple or Team Amazon. Rather, experts from each of the two directorates general are to deal thematically with the individual platform services and the behavioral guidelines tailored to them.

New management

DG Connect officials will also ensure that insights from analyses of major platforms are incorporated under the DSA, for example on online advertising. The new unit at Connect will be headed by Filomena Chirico, who was previously responsible for the DMA in the cabinet of Commissioner for Internal Market Thierry Breton. Also responsible for DMA and DSA will be the new Deputy Director General Renate Nikolay, previously Head of Cabinet of Vice President Věra Jourová.

The experts’ task will be to monitor compliance with the obligations in the DMA. Once they have been assigned as gatekeepers, the companies have six months to implement the necessary technical and organizational changes. In a compliance report, they must explain to the Commission how they now intend to meet the requirements.

The authority can then demand specific improvements, if necessary after consultation with other market participants. Stakeholders are also to be involved in advance: For example, the Commission is planning a workshop for Dec. 5 to discuss how the ban on gatekeepers giving preference to their own offers can be implemented in practice.

In some cases, the companies have already anticipated the changes: For example, Google announced that developers of apps for the Play Store could now offer their European users other payment systems than the one provided by Google. This corresponds to one of the requirements from the DMA, which is aimed at app stores.

Little room for the Federal Cartel Office

Unlike the DSA, the national authorities in the member states play only a minor role in enforcing the new rules. The Commission was established as the “sole enforcer” in the DMA. The national competition authorities can only assist it, for example by receiving complaints. Under the current 11th amendment to the ARC, the German Federal Cartel Office is also to be given the right to investigate possible violations of the DMA. It will then report its findings to the Commission.

The Federal Cartel Office will also have much less scope to take action against the digital groups itself on the basis of German competition law. For practices covered by the DMA, “there will no longer be any need for intervention on the basis of competition law,” says a spokesperson for the Bonn-based authority. However, as far as combinations of services and practices not covered by the DMA are concerned, prohibitions on the basis of Section 19a of the ARC are still possible.

Following the introduction of the new Section 19a in the ARC at the beginning of 2021, the Federal Cartel Office has already initiated a number of proceedings against the digital groups – most recently against Amazon. The extent to which the authority will press ahead with these cases will now be coordinated with the Commission, according to the spokesperson. Here, “it must be clarified on a case-by-case basis, if necessary, to what extent the subjects of ongoing proceedings fall under the DMA”.

  • Digital policy
  • Digitization

EU Monitoring

Nov. 21, 2022; 10 a.m.
Council of the EU: Agriculture and Fisheries
Topics: Information and Exchange of views on the implementation of the New EU Forest Strategy for 2030, Information from the Commission on the regulation on nature restoration (agricultural aspects), Information from the Commission on the EU Bioeconomy Conference 2022 (Brussels, 6-7 October 2022). Draft Agenda

Nov. 21, 2022; 5-10 p.m.
Plenary Session of the EU Parliament: passenger rail transport, NextGenerationEU
Topics: Short presentation on the action plan to boost long-distance and cross-border passenger rail, report on the borrowing strategy to finance NextGenerationEU. Draft Agenda

Nov. 22, 2022
Weekly Commission Meeting
Topics: Debate on the European Semester autumn package. Draft Agenda

Nov. 22, 2022
Trilogue: ETS
Topics: The inclusion of shipping in the ETS is high on the agenda. The Council already wants to finalize the issue. There is still skepticism in Parliament as to whether this is realistic. In addition, the first talks on ETS 2 are to be held in the trilogue. However, no agreement is in sight. The inclusion of waste incineration and biomass in the ETS and the enlargement of modernization and innovation funds are also on the agenda.

Nov. 22, 2022; 9 a.m.-10 p.m.
Plenary Session of the EU Parliament: critical entities, terrorism, EU-China relations
Topics: Debate on the resilience of critical entities, vote on recognizing the Russian Federation as a state sponsor of terrorism, Debate on the relations between the EU and China. Draft Agenda

Nov. 22, 2022; 10 a.m.
Council of the EU: General Affairs Council (Cohesion)
Topics: Exchange of views on long-term impacts of cohesion policy on EU regions, approval of conclusions on cohesion policy. Draft Agenda

Nov. 23, 2022; 9 a.m.-10 p.m.
Plenary Session of the EU Parliament: 2023 budget, draft amending budget 2022, European financial architecture
Topics: Vote on the 2023 budgetary procedure, vote on the draft amending budget 2022 (additional measures to address the consequences of the Russian war in Ukraine), debate on the future European financial architecture for development. Draft Agenda

Nov. 24, 2022; 9 a.m.-4 p.m.
Plenary Session of the EU Parliament: digital decade
Topics: Debate on establishing the Digital Decade Policy Programme 2030. Draft Agenda

Nov. 24, 2022; 9:30 a.m.
Council of the EU: Energy (extraordinary meeting)
Topics: Political agreement on the council regulation on enhancing solidarity through better coordination of gas purchases, exchanges of gas across borders and reliable price benchmarks, political agreement on the Council regulation laying down a framework to accelerate the deployment of renewable energy. Draft Agenda

Nov. 25, 2022; 9:30 a.m.
Council of the EU: Foreign Affairs (Trade)
Topics: State of play of the WTO reform and preparations for the 13th WTO Ministerial Conference, state of play of the EU-US trade relations, policy debate on trade support to Ukraine. Draft Agenda

News

MEPs reject disbursement of EU funds to Hungary

The European Parliament’s rapporteurs have warned the EU Commission against releasing funds withheld to Hungary because of flaws in the rule of law. The measures under discussion between the Commission and Budapest are not likely to resolve the risks to the EU budget, said S&D MEP Eider Gardiazabal Rubial. “None of these measures will solve the problems highlighted in the areas of corruption and public procurement.”

The Commission had initiated proceedings under the new conditionality mechanism because of the abuses in Hungary. In mid-September, the authority submitted a proposal to the member states to withhold €7.5 billion from EU structural funds if the government in Budapest does not implement a catalog of 17 measures.

Negotiations are still ongoing, but in Brussels, Prime Minister Viktor Orbán is expected to accept the conditions. The head of government is under considerable economic pressure. The budget deficit is expected to exceed six percent of GDP this year. Moreover, in its autumn forecast, the Commission predicts zero growth for the coming year, with an inflation rate of more than 15 percent.

For Orbán, not only the €7.5 billion from the EU budget is at stake, but another €7.2 billion that Hungary is actually entitled to from the Corona reconstruction fund. The two procedures are formally independent but closely linked, as Budapest must improve the independence of the judiciary in order to receive the funds from the Recovery and Resilience Facility (RRF).

The Commission and the Hungarian government have already come much closer in the negotiations. A close associate of Orbán recently spoke of “good chances” of reaching an agreement within days or a few weeks. Within the Commission, however, there is resistance to releasing funds from the RRF and the EU budget. It is therefore questionable whether the authority will publish its recommendations as early as next week.

There is concern among the member states that the Commission will not come to a clear conclusion and will push the delicate decision to the Council. The Council must decide on conditionality by Dec. 19. Today, the European ministers are discussing the issue in the General Council.

Should Orbán largely meet the Commission’s conditions, there would probably not be the necessary majority in the Council to nevertheless withhold the funds from Hungary. However, there is great concern that Orbán will not deliver on the promised reforms or will undermine them. Both the Council and the European Parliament are therefore calling for longer-term monitoring. “During this time, the funds should remain frozen to provide an incentive,” demands Green MEP Daniel Freund. tho

  • European policy
  • Hungary
  • Rule of Law

EU launches its own satellite Internet

The European Union has agreed on a €6 billion satellite Internet system. With this, the EU wants to strengthen its own space and communications sector and ensure security, thus reducing its dependence on foreign suppliers. Representatives of the European Parliament and the European Council agreed on this on Thursday. The European Commission had announced the initiative to build and operate a satellite Internet system in February.

The EU’s plan comes at a time of growing concern about Russian and Chinese military advances in space and an increase in satellite launches. Having its own satellite Internet system could help the EU accelerate the rollout of broadband Internet in Europe, and it would also cover Africa, allowing the EU to offer countries there an alternative to Chinese competition.

The Commission plans to redirect €2.4 billion from various EU programs and use unspent funds from other EU projects, while the private sector is expected to raise the remaining €3.6 billion. Satellite development and deployment could begin next year so that a full service with high-level encryption would be available by 2028. rtr

  • European Council
  • Satellites
  • Technology
  • Telecommunications

Supply Chain Act: BDI calls EU Parliament ‘far removed from reality’

The Federation of German Industries (BDI) has accused the European Parliament of a lack of practical relevance in the drafting process of the EU-wide supply chain law. “The EU Parliament seems to lack a sense of proportion for the competitiveness of European companies in the crisis,” BDI President Siegfried Russwurm said on Thursday. The scope across the entire value chain is “far removed from reality,” he said. He called for a more limited scope of the legislation, which is expected to have far-reaching effects on business in China. “Mandatory legal requirements must be limited to direct suppliers. Otherwise, they cannot be implemented in daily practice.”

The EU Parliament’s Committee on Legal Affairs dealt with a draft report on the EU Supply Chain Act on Thursday. Currently, the details of the design are being negotiated within the EU institutions. Lara Wolters, the European Parliament’s rapporteur responsible for the supply chain law, emphasized that the goal continues to be coverage of the entire value chain.

In addition to the scope of the legislation, the question of how companies can be held accountable – including by those directly affected in third countries – is still open. The EU supply chain law is intended to be more far-reaching than the German one. The German supply chain law comes into force at the beginning of 2023. It is not yet clear by when exactly the EU-wide legislation will be completed. ari

  • China
  • Supply Chain Act
  • Supply chains

Commission to present MFF revision in early 2023

The European Parliament’s Committee on Budgets (BUDG) is calling on the Commission to undertake an “ambitious revision” of the Multiannual Financial Framework (MFF) as soon as possible in light of the challenges posed by war, inflation and high energy prices. But with the decision of the Committee on Budget from yesterday’s session, MEPs demand “that the revision should not lead to a downward revision of pre-allocated national financial frameworks or EU programs.” The Commission should present its legislative proposal no later than in the first quarter of 2023, they said.

The MFF runs from 2021 to 2027 and provides for total spending of €1210 billion. As scheduled, the Commission is due to revise the framework halfway through its term. The Commission had announced the revision for mid-2023. The Parliament now wants the Commission to present the legislative proposal for the revision several months earlier.

Housekeeper Rasmus Andresen (Greens) supports the decision: “The EU budget must become crisis-proof and flexible – especially against the backdrop of the Russian war of aggression in Ukraine and ever more looming natural disasters.” Andresen, who also heads the group of German Green MEPs in the European Parliament, would have liked to see “an even stronger stance on climate, biodiversity and gender justice in some places.” He said pressure must now be built up on the member states to make the EU financially sustainable. mgr

  • EU
  • European Commission

Permanent representatives to vote on AI Act today

Just before the Permanent Representatives Committee is scheduled to vote on the general approach to the AI Act this Friday, data and consumer advocates warn that the bill contains many risky exemptions. “Member state representatives are on the verge of agreeing on a weak position on the AI Act, and consumers have reason to worry,” said Frederico Oliveira da Silva, Senior Legal Officer at the European Consumer Organisation (BEUC).

The proposal in its current form contains many loopholes, criticizes the fundamental rights organization Digitalcourage. “It must be urgently improved at tomorrow’s meeting for consistent protection against biometric mass surveillance – as promised in the coalition agreement.”

Ministers decide on Dec. 6

The Czech Presidency sent the proposal for a general approach to the member states at the end of last week. On the agenda of today’s meeting, the general approach to the AI Act is under Part 2, i.e. under the items that still require discussion.

However, only one hour has been set aside for the debate. Only minor adjustments had been made to the text recently, so no more surprises are to be expected here. The ministers will then be able to adopt the general approach at the Transport, Telecommunications and Energy Council on Dec. 6.

Despite minor improvements in some areas, there are many issues that have either not been addressed or have been watered down, criticizes BEUC’s Oliveira da Silva. For example, he said, the introduction of exemptions for a whole range of high-risk AI systems is unwise. Nor has the list of prohibited practices, such as remote biometric identification, been extended to private actors. In addition, consumers should be able to count on collective redress if an AI system causes them harm, he demanded. “We call on national governments to correct these major gaps in their position before it is too late!” said Oliveira da Silva.

A ban with many exceptions

Digitalcourage also criticizes that the ban on biometric mass surveillance is limited to law enforcement agencies as well as to “real-time” biometric identification systems. “However, downstream surveillance by AI systems is just as dangerous,” Digitalcourage says. “A ban with so many exceptions is not a ban and does not live up to its name,” said Konstantin Macher of Digitalcourage, calling on the German government to keep its word and “enforce a consistent ban on biometric mass surveillance without loopholes.”

The criticism does not come too late, because Parliament is far from having concluded its negotiations on the AI Act. Several people close to the negotiations believe that an agreement by the end of the year is almost impossible. Large parts are still unresolved, they say. The most important issues, such as the definition of artificial intelligence, general-purpose AI, risk assessments, governance or enforcement, have either not yet been discussed or have been “negotiated to the maximum”. vis

  • Artificial intelligence
  • Digital policy
  • Digitization
  • Technology

Grain agreement extended by 120 days

A few days before the expiration of the Ukrainian grain agreement, the agreement, which is important for global food exports, has been extended. The agreement with Russia, reached in July under the mediation of the United Nations and Turkey, will be continued for 120 days, all parties confirmed on Thursday. Minister of Infrastructure of Ukraine Olexander Kubrakov spoke of an “important step in the global fight against the food crisis“.

UN secretary-general António Guterres stressed that the United Nations would work extensively to remove barriers to Russian food and fertilizer exports as well. The government in Moscow had made this point a condition for its approval. The deadline for the extension would have expired on Saturday.

Under the agreement, Ukraine will be able to ship its grain through a protected corridor in the Black Sea despite the Russian war. In return, however, Russia is also demanding support from the UN in being able to ship its own agricultural products. Russian agricultural exports are not explicitly subject to the sanctions imposed by the US and the EU in the wake of the war. However, according to Russia, they are severely hampered by the punitive measures adopted against the Russian financial and logistics sectors.

The Secretary General of the United Nations Conference on Trade and Development (UNCTAD), Rebeca Grynspan, said the extension was good news and a sign of hope for global food security and developing countries. But, she added, “the next issue to solve is the fertilizer shortage“. rtr

  • Geopolitics
  • Trade

Column

What’s cooking in Matignon?

By Claire Stam
Schwarz-weiß Portrait von Claire Stam

“She only eats grains!” In a country where people argue over whether eating (a lot of) meat and machismo go hand in hand, the Prime Minister’s culinary habits have not been spared the polemic. When accused by a government advisor of eating “only grains” over the summer, the prime minister responded a few days later in Elle magazine, “Honestly, I’m pretty hardened by my professional background. But when I see articles attacking my alleged eating habits, I believe I must be dreaming. This is an incredible form of sexism,” she outraged in the magazine.

With that, she showed that she would not be bullied. Since her appointment as Prime Minister by Emmanuel Macron in May this year, she is no longer the gray and bland technician many saw her as, but also a woman who knows how to attack.

The woman referred to as “Borne-out” or “Darth Vader” in the corridors of Parisian power has a reputation as a workhorse known for wearing down her staff. What is her method? “I’ve been an engineer, a prefect and an entrepreneur. I believe in results, not labels,” she said.

She also recalled that she has experience with difficult negotiations and explosive reforms (such as the reform of the SNCF and unemployment insurance under the previous five-year period) and that she can “deliver”.

And she who is considered so stiff, in a very rare moment of openness about her private life, also spoke about the drama of her childhood: the suicide of her father when she was 11, who was a Jewish resistance fighter who was deported to Auschwitz. Elisabeth Borne seeks political compromise – which is rare enough in France – and therefore exhibits qualities far more “Scholz-compatible” than the flamboyance that the French president can display.

In France, however, this is also the nature of the Prime Minister’s mandate: the French head of government is the number two in the state. Appointed by the President of the Republic, the occupant of the Hôtel Matignon in particular holds some executive power and directs the work of the government. But not only that. According to the theory of “safeguarding,” the French Prime Minister takes the blows for the president. Therefore, in the coming week, Elisabeth Borne sees it as her duty to ease the tensions that are currently running high between Paris and Berlin. If she succeeds, Emmanuel Macron will benefit. If she fails, the blame will be hers alone.

  • France
  • Germany

Europe.Table Editorial Office

EUROPE.TABLE EDITORS

Licenses:
    • Critical raw materials: Why recycling is only a long-term solution
    • Digital Markets Act: current implementation status
    • MEPs reject disbursement of EU funds to Hungary
    • EU launches its own satellite Internet
    • Supply Chain Act: BDI calls EU Parliament ‘far removed from reality’
    • Commission to present MFF revision in early 2023
    • Permanent representatives to vote on AI Act today
    • Grain agreement extended by 120 days
    • Column: What’s cooking in Matignon?
    Dear reader,

    Critical raw materials (CRM) are raw materials that are in short supply worldwide. It would stand to reason that the critical raw materials would also be recycled. But this is not the case; the recycling rate for many of these raw materials is currently close to zero, experts have told Leonie Düngefeld. The European Commission has promised improvement: In March, it plans to unveil the Critical Raw Materials Act. The goal is to recover at least 20 percent of the rare earths contained in waste streams by 2030. At this week’s Raw Materials Week in Brussels, recycling was praised as the best solution – although the industry is not yet ready, it is said.

    The Digital Markets Act is already being implemented. In late summer 2023, it will become clear which companies and their services will fall under the DMA, as Till Hoppe reports. The rules are basically clear: For example, a service must have at least 45 million monthly active users within the EU on a permanent basis. But in addition to established candidates like Apple and Google, there will also be companies that will try to minimize their market calculations and make their market power appear smaller than it actually is.

    The conflict between the EU and Hungary may be entering the final phase. MEPs from all political groups are demanding that the EU Commission investigate Hungary’s measures against corruption in the country. The Commission is supposed to withhold €7.5 billion in EU funds until the promised measures have been implemented.

    Your
    Matthias Wulff
    Image of Matthias  Wulff

    Feature

    Critical raw materials: Why recycling is only a long-term solution

    At the end of March, the European Commission will present its proposal for a Critical Raw Materials Act. The aim is to establish and strengthen European value chains for strategically important raw materials. An important pillar of the legislative package is to be the establishment of a raw materials circular economy.

    During Raw Materials Week, a conference in Brussels hosted by the Commission and industry partners, Commissioner for Internal Market Thierry Breton stressed that the legislative proposal should also include concrete targets for recycling critical raw materials. In a LinkedIn post back in September, he had cited as an example the goal to recover “at least 20% of the rare earth elements present in relevant waste streams by 2030.”

    A study presented at the event by KU Leuven on behalf of Eurometaux, the association of the European non-ferrous metals industry, also concludes that “recycling is Europe’s most important opportunity to strengthen its long-term self-sufficiency. By 2050, it could supply 45 to 65 percent of Europe’s base metal needs, and as much as 77 percent of battery metals, and even provide a surplus of rare earths. Europe’s clean energy system will rely on durable metals that can be maintained indefinitely in a circular economy,” the report says.

    Strategic subsidies needed for the recycling industry

    But what about the near future? Recycling does have an important role to play in securing raw material supplies, said Kerstin Jorna, director general of DG Grow. “In the short and medium term, however, we will continue to need primary raw materials.” The KU Leuven study cites a 20-year period in which new primary materials will be crucial to Europe’s energy transition. This is mainly due to the exploding demand for lithium, aluminum, rare earths and other raw materials. However, there is another reason: The recycling industry in Europe for the minerals and metals concerned is still in its infancy.

    “For the vast majority of so-called critical raw materials, recycling rates are extremely low. You could say almost zero,” says Jens Gutzmer, director of the Helmholtz Institute Freiberg for Resource Technology. Yet at least half of these minerals and metals have been on the list of critical raw materials for the EU for more than a decade. “We haven’t managed to build a recycling value chain for any of these critical raw materials that would have a significant impact now to relieve the primary raw material base.”

    According to the raw materials researcher, however, this is not due to a lack of ideas, funds or laboratory experiments. Rather, the last step is the problem: scaling up the experiments to industrial operation. So far, this has not worked in Germany or elsewhere in Europe; the risk inherent in the necessary investments is simply too great for the private sector, explains Gutzmer.

    Long product cycle also delays recycling

    “Establishing a circular economy for many of the technology feedstocks would require an initial investment, similar to what renewable energy has seen.” Setting up an industry for solar and wind energy was also not economically viable at first, he said. Here, he explained, the government had made sure it could develop by intervening in the market.

    In China, he says, such strategic subsidies have long been common. “We would have to accept that in Europe as well, that we have to get the industry going first to overcome this hurdle,” says Gutzmer. This would make it possible to make a much greater contribution to recycling in the case of high-tech metals.

    Even when recycling processes are then ramped up to industrial scale, the available material is another problem: The products concerned usually have long lifetimes; the battery of an electric vehicle, for example, can only be recycled after about 15 years.

    In countries like China, where there was a market and larger production capacities for lithium-ion cells much earlier, the recycling industry was also ramped up more quickly. In a sense, companies there could already test and optimize recycling processes with production scrap and shortages (Europe.Table reported).

    Keeping secondary raw materials in Europe

    That is why it is important to ensure that secondary raw materials are not exported but remain part of the domestic raw material base, says Paolo Cerruti, COO of battery manufacturer Northvolt. He calls for a ban on exports of recyclable materials. “We need to keep our own materials within our borders,” he said in Brussels this week.

    Instead of focusing too much on recycling, policymakers and industry also need to drive other circular economy strategies on a large scale. This is the conclusion of a new study by sustainability consultancy Systemiq with the support of the European Climate Foundation (Europe.Table reported). This includes, for example, promoting car-sharing services, reducing the use of certain raw materials, and keeping products and materials in use for longer.

    Various non-governmental organizations have long been calling for binding targets for a reduction in the consumption of primary raw materials. What was possible for limiting CO₂ emissions must also be achieved for the consumption of raw materials and goods, an activist told Europe.Table. The Commission had shown itself open to this idea – but did not want to formulate such targets in the current mandate.

    • Climate & Environment
    • Raw materials
    • Recycling
    • Sustainability

    Digital Markets Act: current implementation status

    Things won’t get really serious until early May, when the Digital Markets Act takes effect. Informally, however, the EU Commission and the major digital companies are already talking about the new rules, which are intended to limit the market power of the corporations. So far, the contacts have been quite constructive, according to Brussels: “But there is still fighting over the points that could potentially hurt the companies.”

    First of all, there is the question of which companies and which of their services fall under the DMA at all. The regulations contain clear thresholds for the so-called gatekeepers – for example, a service must have at least 45 million monthly active users in the EU on a permanent basis. The legal text also lists the types of services to which the DMA’s conduct requirements apply, such as search engines, social networks and app stores.

    But not all cases are as clear-cut as Google’s online search or Apple’s App Store. In borderline cases, companies could try to stay below the thresholds by defining the market in their own terms – the Commission does not even want to get involved in such discussions. In addition, there are cases such as Microsoft’s search engine Bing, where the thresholds for user numbers, revenue and stock market value may be reached, but the providers still have little market power. Additionally, the DMA also provides for the softer category of “emerging gatekeepers” that have not yet quite reached the quantitative values.

    Gatekeepers are not fixed until summer

    Who will fall under the DMA will therefore not be known until late summer of next year. After the launch on May 2, companies will have two months to notify the Commission of their services if they meet the criteria. The authority then has 45 working days to classify a company as a gatekeeper and thus bind it to the numerous rules and regulations in articles 5 and 6 of the DMA. The companies can still appeal against this. The Commission is prepared for this to happen, at least in borderline cases.

    The authority does not intend to tackle the decision in the less clear-cut cases of whether a company falls into the gatekeeper category until a second wave, partly in order to better distribute the initially high workload. 80 positions are earmarked for supervision at the authority, partly through internal shifts and partly through new jobs in the Directorate-General for Communications Networks, Content and Technology. In addition, around 60 experts will be recruited at Connect and the Joint Research Centre (JRC), which is part of the Commission, in order to implement the Digital Services Act, which will come into force at the same time. The Commission plans to make further additions next year when the revenues from the supervisory fee that the groups concerned have to pay start flowing in.

    The teams in the new unit are not to be aligned with individual gatekeepers – so there will be no Team Apple or Team Amazon. Rather, experts from each of the two directorates general are to deal thematically with the individual platform services and the behavioral guidelines tailored to them.

    New management

    DG Connect officials will also ensure that insights from analyses of major platforms are incorporated under the DSA, for example on online advertising. The new unit at Connect will be headed by Filomena Chirico, who was previously responsible for the DMA in the cabinet of Commissioner for Internal Market Thierry Breton. Also responsible for DMA and DSA will be the new Deputy Director General Renate Nikolay, previously Head of Cabinet of Vice President Věra Jourová.

    The experts’ task will be to monitor compliance with the obligations in the DMA. Once they have been assigned as gatekeepers, the companies have six months to implement the necessary technical and organizational changes. In a compliance report, they must explain to the Commission how they now intend to meet the requirements.

    The authority can then demand specific improvements, if necessary after consultation with other market participants. Stakeholders are also to be involved in advance: For example, the Commission is planning a workshop for Dec. 5 to discuss how the ban on gatekeepers giving preference to their own offers can be implemented in practice.

    In some cases, the companies have already anticipated the changes: For example, Google announced that developers of apps for the Play Store could now offer their European users other payment systems than the one provided by Google. This corresponds to one of the requirements from the DMA, which is aimed at app stores.

    Little room for the Federal Cartel Office

    Unlike the DSA, the national authorities in the member states play only a minor role in enforcing the new rules. The Commission was established as the “sole enforcer” in the DMA. The national competition authorities can only assist it, for example by receiving complaints. Under the current 11th amendment to the ARC, the German Federal Cartel Office is also to be given the right to investigate possible violations of the DMA. It will then report its findings to the Commission.

    The Federal Cartel Office will also have much less scope to take action against the digital groups itself on the basis of German competition law. For practices covered by the DMA, “there will no longer be any need for intervention on the basis of competition law,” says a spokesperson for the Bonn-based authority. However, as far as combinations of services and practices not covered by the DMA are concerned, prohibitions on the basis of Section 19a of the ARC are still possible.

    Following the introduction of the new Section 19a in the ARC at the beginning of 2021, the Federal Cartel Office has already initiated a number of proceedings against the digital groups – most recently against Amazon. The extent to which the authority will press ahead with these cases will now be coordinated with the Commission, according to the spokesperson. Here, “it must be clarified on a case-by-case basis, if necessary, to what extent the subjects of ongoing proceedings fall under the DMA”.

    • Digital policy
    • Digitization

    EU Monitoring

    Nov. 21, 2022; 10 a.m.
    Council of the EU: Agriculture and Fisheries
    Topics: Information and Exchange of views on the implementation of the New EU Forest Strategy for 2030, Information from the Commission on the regulation on nature restoration (agricultural aspects), Information from the Commission on the EU Bioeconomy Conference 2022 (Brussels, 6-7 October 2022). Draft Agenda

    Nov. 21, 2022; 5-10 p.m.
    Plenary Session of the EU Parliament: passenger rail transport, NextGenerationEU
    Topics: Short presentation on the action plan to boost long-distance and cross-border passenger rail, report on the borrowing strategy to finance NextGenerationEU. Draft Agenda

    Nov. 22, 2022
    Weekly Commission Meeting
    Topics: Debate on the European Semester autumn package. Draft Agenda

    Nov. 22, 2022
    Trilogue: ETS
    Topics: The inclusion of shipping in the ETS is high on the agenda. The Council already wants to finalize the issue. There is still skepticism in Parliament as to whether this is realistic. In addition, the first talks on ETS 2 are to be held in the trilogue. However, no agreement is in sight. The inclusion of waste incineration and biomass in the ETS and the enlargement of modernization and innovation funds are also on the agenda.

    Nov. 22, 2022; 9 a.m.-10 p.m.
    Plenary Session of the EU Parliament: critical entities, terrorism, EU-China relations
    Topics: Debate on the resilience of critical entities, vote on recognizing the Russian Federation as a state sponsor of terrorism, Debate on the relations between the EU and China. Draft Agenda

    Nov. 22, 2022; 10 a.m.
    Council of the EU: General Affairs Council (Cohesion)
    Topics: Exchange of views on long-term impacts of cohesion policy on EU regions, approval of conclusions on cohesion policy. Draft Agenda

    Nov. 23, 2022; 9 a.m.-10 p.m.
    Plenary Session of the EU Parliament: 2023 budget, draft amending budget 2022, European financial architecture
    Topics: Vote on the 2023 budgetary procedure, vote on the draft amending budget 2022 (additional measures to address the consequences of the Russian war in Ukraine), debate on the future European financial architecture for development. Draft Agenda

    Nov. 24, 2022; 9 a.m.-4 p.m.
    Plenary Session of the EU Parliament: digital decade
    Topics: Debate on establishing the Digital Decade Policy Programme 2030. Draft Agenda

    Nov. 24, 2022; 9:30 a.m.
    Council of the EU: Energy (extraordinary meeting)
    Topics: Political agreement on the council regulation on enhancing solidarity through better coordination of gas purchases, exchanges of gas across borders and reliable price benchmarks, political agreement on the Council regulation laying down a framework to accelerate the deployment of renewable energy. Draft Agenda

    Nov. 25, 2022; 9:30 a.m.
    Council of the EU: Foreign Affairs (Trade)
    Topics: State of play of the WTO reform and preparations for the 13th WTO Ministerial Conference, state of play of the EU-US trade relations, policy debate on trade support to Ukraine. Draft Agenda

    News

    MEPs reject disbursement of EU funds to Hungary

    The European Parliament’s rapporteurs have warned the EU Commission against releasing funds withheld to Hungary because of flaws in the rule of law. The measures under discussion between the Commission and Budapest are not likely to resolve the risks to the EU budget, said S&D MEP Eider Gardiazabal Rubial. “None of these measures will solve the problems highlighted in the areas of corruption and public procurement.”

    The Commission had initiated proceedings under the new conditionality mechanism because of the abuses in Hungary. In mid-September, the authority submitted a proposal to the member states to withhold €7.5 billion from EU structural funds if the government in Budapest does not implement a catalog of 17 measures.

    Negotiations are still ongoing, but in Brussels, Prime Minister Viktor Orbán is expected to accept the conditions. The head of government is under considerable economic pressure. The budget deficit is expected to exceed six percent of GDP this year. Moreover, in its autumn forecast, the Commission predicts zero growth for the coming year, with an inflation rate of more than 15 percent.

    For Orbán, not only the €7.5 billion from the EU budget is at stake, but another €7.2 billion that Hungary is actually entitled to from the Corona reconstruction fund. The two procedures are formally independent but closely linked, as Budapest must improve the independence of the judiciary in order to receive the funds from the Recovery and Resilience Facility (RRF).

    The Commission and the Hungarian government have already come much closer in the negotiations. A close associate of Orbán recently spoke of “good chances” of reaching an agreement within days or a few weeks. Within the Commission, however, there is resistance to releasing funds from the RRF and the EU budget. It is therefore questionable whether the authority will publish its recommendations as early as next week.

    There is concern among the member states that the Commission will not come to a clear conclusion and will push the delicate decision to the Council. The Council must decide on conditionality by Dec. 19. Today, the European ministers are discussing the issue in the General Council.

    Should Orbán largely meet the Commission’s conditions, there would probably not be the necessary majority in the Council to nevertheless withhold the funds from Hungary. However, there is great concern that Orbán will not deliver on the promised reforms or will undermine them. Both the Council and the European Parliament are therefore calling for longer-term monitoring. “During this time, the funds should remain frozen to provide an incentive,” demands Green MEP Daniel Freund. tho

    • European policy
    • Hungary
    • Rule of Law

    EU launches its own satellite Internet

    The European Union has agreed on a €6 billion satellite Internet system. With this, the EU wants to strengthen its own space and communications sector and ensure security, thus reducing its dependence on foreign suppliers. Representatives of the European Parliament and the European Council agreed on this on Thursday. The European Commission had announced the initiative to build and operate a satellite Internet system in February.

    The EU’s plan comes at a time of growing concern about Russian and Chinese military advances in space and an increase in satellite launches. Having its own satellite Internet system could help the EU accelerate the rollout of broadband Internet in Europe, and it would also cover Africa, allowing the EU to offer countries there an alternative to Chinese competition.

    The Commission plans to redirect €2.4 billion from various EU programs and use unspent funds from other EU projects, while the private sector is expected to raise the remaining €3.6 billion. Satellite development and deployment could begin next year so that a full service with high-level encryption would be available by 2028. rtr

    • European Council
    • Satellites
    • Technology
    • Telecommunications

    Supply Chain Act: BDI calls EU Parliament ‘far removed from reality’

    The Federation of German Industries (BDI) has accused the European Parliament of a lack of practical relevance in the drafting process of the EU-wide supply chain law. “The EU Parliament seems to lack a sense of proportion for the competitiveness of European companies in the crisis,” BDI President Siegfried Russwurm said on Thursday. The scope across the entire value chain is “far removed from reality,” he said. He called for a more limited scope of the legislation, which is expected to have far-reaching effects on business in China. “Mandatory legal requirements must be limited to direct suppliers. Otherwise, they cannot be implemented in daily practice.”

    The EU Parliament’s Committee on Legal Affairs dealt with a draft report on the EU Supply Chain Act on Thursday. Currently, the details of the design are being negotiated within the EU institutions. Lara Wolters, the European Parliament’s rapporteur responsible for the supply chain law, emphasized that the goal continues to be coverage of the entire value chain.

    In addition to the scope of the legislation, the question of how companies can be held accountable – including by those directly affected in third countries – is still open. The EU supply chain law is intended to be more far-reaching than the German one. The German supply chain law comes into force at the beginning of 2023. It is not yet clear by when exactly the EU-wide legislation will be completed. ari

    • China
    • Supply Chain Act
    • Supply chains

    Commission to present MFF revision in early 2023

    The European Parliament’s Committee on Budgets (BUDG) is calling on the Commission to undertake an “ambitious revision” of the Multiannual Financial Framework (MFF) as soon as possible in light of the challenges posed by war, inflation and high energy prices. But with the decision of the Committee on Budget from yesterday’s session, MEPs demand “that the revision should not lead to a downward revision of pre-allocated national financial frameworks or EU programs.” The Commission should present its legislative proposal no later than in the first quarter of 2023, they said.

    The MFF runs from 2021 to 2027 and provides for total spending of €1210 billion. As scheduled, the Commission is due to revise the framework halfway through its term. The Commission had announced the revision for mid-2023. The Parliament now wants the Commission to present the legislative proposal for the revision several months earlier.

    Housekeeper Rasmus Andresen (Greens) supports the decision: “The EU budget must become crisis-proof and flexible – especially against the backdrop of the Russian war of aggression in Ukraine and ever more looming natural disasters.” Andresen, who also heads the group of German Green MEPs in the European Parliament, would have liked to see “an even stronger stance on climate, biodiversity and gender justice in some places.” He said pressure must now be built up on the member states to make the EU financially sustainable. mgr

    • EU
    • European Commission

    Permanent representatives to vote on AI Act today

    Just before the Permanent Representatives Committee is scheduled to vote on the general approach to the AI Act this Friday, data and consumer advocates warn that the bill contains many risky exemptions. “Member state representatives are on the verge of agreeing on a weak position on the AI Act, and consumers have reason to worry,” said Frederico Oliveira da Silva, Senior Legal Officer at the European Consumer Organisation (BEUC).

    The proposal in its current form contains many loopholes, criticizes the fundamental rights organization Digitalcourage. “It must be urgently improved at tomorrow’s meeting for consistent protection against biometric mass surveillance – as promised in the coalition agreement.”

    Ministers decide on Dec. 6

    The Czech Presidency sent the proposal for a general approach to the member states at the end of last week. On the agenda of today’s meeting, the general approach to the AI Act is under Part 2, i.e. under the items that still require discussion.

    However, only one hour has been set aside for the debate. Only minor adjustments had been made to the text recently, so no more surprises are to be expected here. The ministers will then be able to adopt the general approach at the Transport, Telecommunications and Energy Council on Dec. 6.

    Despite minor improvements in some areas, there are many issues that have either not been addressed or have been watered down, criticizes BEUC’s Oliveira da Silva. For example, he said, the introduction of exemptions for a whole range of high-risk AI systems is unwise. Nor has the list of prohibited practices, such as remote biometric identification, been extended to private actors. In addition, consumers should be able to count on collective redress if an AI system causes them harm, he demanded. “We call on national governments to correct these major gaps in their position before it is too late!” said Oliveira da Silva.

    A ban with many exceptions

    Digitalcourage also criticizes that the ban on biometric mass surveillance is limited to law enforcement agencies as well as to “real-time” biometric identification systems. “However, downstream surveillance by AI systems is just as dangerous,” Digitalcourage says. “A ban with so many exceptions is not a ban and does not live up to its name,” said Konstantin Macher of Digitalcourage, calling on the German government to keep its word and “enforce a consistent ban on biometric mass surveillance without loopholes.”

    The criticism does not come too late, because Parliament is far from having concluded its negotiations on the AI Act. Several people close to the negotiations believe that an agreement by the end of the year is almost impossible. Large parts are still unresolved, they say. The most important issues, such as the definition of artificial intelligence, general-purpose AI, risk assessments, governance or enforcement, have either not yet been discussed or have been “negotiated to the maximum”. vis

    • Artificial intelligence
    • Digital policy
    • Digitization
    • Technology

    Grain agreement extended by 120 days

    A few days before the expiration of the Ukrainian grain agreement, the agreement, which is important for global food exports, has been extended. The agreement with Russia, reached in July under the mediation of the United Nations and Turkey, will be continued for 120 days, all parties confirmed on Thursday. Minister of Infrastructure of Ukraine Olexander Kubrakov spoke of an “important step in the global fight against the food crisis“.

    UN secretary-general António Guterres stressed that the United Nations would work extensively to remove barriers to Russian food and fertilizer exports as well. The government in Moscow had made this point a condition for its approval. The deadline for the extension would have expired on Saturday.

    Under the agreement, Ukraine will be able to ship its grain through a protected corridor in the Black Sea despite the Russian war. In return, however, Russia is also demanding support from the UN in being able to ship its own agricultural products. Russian agricultural exports are not explicitly subject to the sanctions imposed by the US and the EU in the wake of the war. However, according to Russia, they are severely hampered by the punitive measures adopted against the Russian financial and logistics sectors.

    The Secretary General of the United Nations Conference on Trade and Development (UNCTAD), Rebeca Grynspan, said the extension was good news and a sign of hope for global food security and developing countries. But, she added, “the next issue to solve is the fertilizer shortage“. rtr

    • Geopolitics
    • Trade

    Column

    What’s cooking in Matignon?

    By Claire Stam
    Schwarz-weiß Portrait von Claire Stam

    “She only eats grains!” In a country where people argue over whether eating (a lot of) meat and machismo go hand in hand, the Prime Minister’s culinary habits have not been spared the polemic. When accused by a government advisor of eating “only grains” over the summer, the prime minister responded a few days later in Elle magazine, “Honestly, I’m pretty hardened by my professional background. But when I see articles attacking my alleged eating habits, I believe I must be dreaming. This is an incredible form of sexism,” she outraged in the magazine.

    With that, she showed that she would not be bullied. Since her appointment as Prime Minister by Emmanuel Macron in May this year, she is no longer the gray and bland technician many saw her as, but also a woman who knows how to attack.

    The woman referred to as “Borne-out” or “Darth Vader” in the corridors of Parisian power has a reputation as a workhorse known for wearing down her staff. What is her method? “I’ve been an engineer, a prefect and an entrepreneur. I believe in results, not labels,” she said.

    She also recalled that she has experience with difficult negotiations and explosive reforms (such as the reform of the SNCF and unemployment insurance under the previous five-year period) and that she can “deliver”.

    And she who is considered so stiff, in a very rare moment of openness about her private life, also spoke about the drama of her childhood: the suicide of her father when she was 11, who was a Jewish resistance fighter who was deported to Auschwitz. Elisabeth Borne seeks political compromise – which is rare enough in France – and therefore exhibits qualities far more “Scholz-compatible” than the flamboyance that the French president can display.

    In France, however, this is also the nature of the Prime Minister’s mandate: the French head of government is the number two in the state. Appointed by the President of the Republic, the occupant of the Hôtel Matignon in particular holds some executive power and directs the work of the government. But not only that. According to the theory of “safeguarding,” the French Prime Minister takes the blows for the president. Therefore, in the coming week, Elisabeth Borne sees it as her duty to ease the tensions that are currently running high between Paris and Berlin. If she succeeds, Emmanuel Macron will benefit. If she fails, the blame will be hers alone.

    • France
    • Germany

    Europe.Table Editorial Office

    EUROPE.TABLE EDITORS

    Licenses:

      Sign up now and continue reading immediately

      No credit card details required. No automatic renewal.

      Sie haben bereits das Table.Briefing Abonnement?

      Anmelden und weiterlesen