Combating climate change and its effects with gigantic mirrors that deflect sunlight back into the atmosphere, or injections of aerosols into the stratosphere that reduce the transmission of sunlight: what sounds like science fiction at the moment could one day become reality. Research into such methods has been going on for a long time. However, there are also risks involved in geoengineering the atmosphere.
The EU Commission wants to introduce risks from such interventions into the debate on global warming and how to combat it. It will announce today a legal framework for assessing the security implications of global warming. It’s about preventing conflict and large-scale migration due to water and food shortages. And this precisely includes assessing potential dangers from artificial interventions in the atmosphere.
A comprehensive debate and assessment is also called for by the scientific community in particular. It is true that researchers from the UN Environment Programme (UNEP) recognize the change in solar radiation as the “only option that could cool the planet within a few years”. But they also point to dangers of the technology. Among them: Possible destruction of the ozone layer, local overcompensation for climate change, and risks to people and ecosystems. In addition, they put the cost at “tens of billions of US dollars per year per one degree of cooling” – costs for possible damages are not included.
The announcement of a legal framework to evaluate the pros and cons of climate engineering: This is the global prelude to regulating such novel methods – long before they reach a practical stage.
I wish you an exciting read.
The mood was charged, the room packed: The Environment (ENVI) Committee voted against the Nature Restoration Law in the final vote yesterday (Tuesday). The vote was a tie (44-44). Thus, the Committee recommends a rejection of the entire bill in the plenary of the European Parliament.
There had already been a vote in the Environment Committee in mid-June, but the turbulent session had to be interrupted. The motion to reject the entire proposal, which had previously been introduced by the EPP, had not received a majority.
Now, for supporters and opponents of the law, it will be a matter of organizing a majority in the European Parliament for their goal. And this is in a politically tense situation, in which both sides accuse each other of “fake news” and “election manipulation”.
Even the date for the vote in the Parliament is up for debate: The EPP wants a vote in September, because of an already “full political” agenda, while Renew, S&D, Greens and Left argue for a vote in the next plenary session, probably on July 11.
A different text will be put to the vote in plenary than the one rejected in committee yesterday. Supporters of the text hope that on July 11, Parliament will vote against this rejection and in favor of a new negotiating text that has yet to be drafted. This would include elements of the compromise negotiated in Parliament until the EPP left, as well as elements of the text adopted in the Environment Council on June 20.
Rapporteur César Luena (S&D) announced that the text would be one of the priorities of the Spanish Presidency. The current Spanish government is a strong supporter of the text – but the elections that will take place in Spain on July 23 could once again change the political situation fundamentally.
It is the first time that the Parliament’s Environment Committee has rejected a Green Deal proposal. Previously, the two associated committees on agriculture and fisheries had already rejected the text. The Green Deal is the prestige project of Commission President Ursula von der Leyen. She is therefore following the votes on the renaturation law “very closely”, a commission spokesman said yesterday. The Commission declines to comment on the environment committee because “the parliamentary process has not yet been completed”.
Frans Timmermans, Vice-President of the EU Commission and responsible for the Green Deal, has repeatedly stressed that the Commission will not present any other legislative proposal. But that is exactly what the EPP wants. Instead, the Commission spokesman repeated that Timmermans is ready to renegotiate “line by line” the current text.
Luena appealed to Commission President von der Leyen, calling on her to stop the “machinations” of EPP leader Manfred Weber, who wants to annul the text in its current form, until the next plenary session. He said there was “an intense struggle” within the EPP between Weber’s camp on the one hand and von der Leyen’s on the other, although they belonged to the same party.
Tuesday’s vote took place in a heated political atmosphere marked by hostility to the bill. Luena and ENVI Chairman Pascal Canfin (Renew) accused the EPP of watering down the law and teaming up with far-right parties to make it fail. “Many lies and false claims have been spread about this law”, Luena said. “In political struggle, you have to argue with data, with knowledge, with ideas, but not with lies.”
Canfin accused Weber of replacing “one-third” of the conservative members on the ENVI committee with “conservation-skeptical” legislators in order to get the bill rejected. “This was a very clear manipulation of the ENVI vote”, Canfin said. “It can’t happen in plenary, because Manfred Weber can’t replace members in plenary.” As chairman of a committee, it is “very appalling” to see that a political group is able to “manipulate to this extent”, he added.
Christine Schneider and Peter Liese (CDU) hit back, calling Canfin’s remarks “shocking” and “unacceptable”. Canfin was the “worst and most partisan” chairman of the ENVI committee he had seen since 1994, Liese said. “This has never happened before.”
Liese admitted that his party had made “many substitutions” during the vote because “we wanted to be on the safe side”. He said his Czech colleague Stanislav Polčák was the only one who had expressed a desire to vote for the law. Polčák did not participate in Tuesday’s vote.
“Our problems with the law are still the same”, Schneider said, calling the text “impractical, backward-looking and ideologically programmed”. She maintained her position that the EU Commission had taken “a completely wrong approach” to this law. It would lead to a decline in agricultural and forestry land and thus endanger food security, she warned.
The EU Commission has presented new criteria for the green taxonomy as part of a legislative package on sustainable finance. In doing so, it is adding to the catalog of economic activities that are considered sustainable under this classification system and should thus attract climate- and environmentally-friendly investments. These were previously developed by the Sustainable Finance Platform, the Commission’s advisory body.
For the EU green taxonomy, the Commission had so far adopted delegated acts on the two climate-related objectives and on natural gas and nuclear power. It is now proposing further taxonomy criteria for economic activities that make a significant contribution to one or more of the remaining four (non-climate-related) objectives:
In addition, the Commission has adopted amendments to the delegated act on the EU climate taxonomy. These expand the range of economic activities that contribute to climate change mitigation and adaptation and were not previously covered by the taxonomy. These include, in particular, the manufacturing and transport sectors.
Among others, the following economic activities are to fall within the EU taxonomy under certain criteria:
All economic activities are subject to the “Do No Significant Harm” criteria, according to which each activity must make a substantial contribution to at least one environmental objective and not harm any of the other objectives. In addition, the legal acts prescribe a number of specific technical criteria for each individual activity.
For example, listed accommodation activities are expected to make a significant contribution to the protection and restoration of biodiversity and ecosystems (and must not harm any of the other objectives). This ranges from hotels to vacation rentals and youth hostels to bivouac sites in the forest, provided that the operations are certified by an environmental impact assessment (EIA) and meet certain minimum standards of environmental impact and sustainability.
For example, operators of activities to conserve and restore habitats, ecosystems, and species must be independently certified and must implement a management plan on a 10-year cycle.
For the production of plastic packaging, adjustments had been called for in the Commission’s public consultation. Stakeholders had suggested that the criteria of the taxonomy should be adapted to other EU legislation: for example, to the revision of the Packaging Regulation currently under negotiation, the Water Framework Directive or the Ecodesign Directive, which is also currently being revised.
Now, stricter criteria apply to plastic packaging in the taxonomy than those in the upcoming revised legislation. These relate to the use of recyclate, ecodesign and the recyclability of the product. The proportion of recyclate in packaging, for example, must be at least 35 percent (for non-touch packaging) by 2028 under the taxonomy, with a target of ten percent for touch-sensitive packaging (such as for food). From 2028, these values will be increased to 65 and 50 percent, respectively. The Commission’s draft Packaging Regulation provides for a minimum value of up to 35 percent from 2030 and up to 65 percent from 2040.
Reactions to the delegated acts were mostly positive. The Federal Association of the German Waste Management, Water and Environmental Service Industries (BDE) stated that the EU Taxonomy Regulation was a “proper and sensible instrument for more sustainability”. It was particularly pleasing that the circular economy was explicitly mentioned. From the association’s point of view, it is regrettable that waste-to-energy has not yet been considered as a sustainable activity, as it makes an important contribution to the environmental objectives of the taxonomy as a pollutant sink for hazardous substances in waste and through the recovery of metals.
In a statement, the climate think tank E3G criticizes that some activities originally proposed by the Sustainable Finance Platform were not included in the Commission proposal. These included, in particular, sectors with high environmental impacts such as chemicals, textiles, agriculture and fisheries. “For these, science-based, ambitious criteria should be developed and included in the taxonomy”, writes E3G’s Tsvetelina Kuzmanova. Similarly, existing weak criteria, such as those for the forestry sector, should also have been improved.
The delegated acts will now be submitted to the Parliament and Council for a two-month review and are expected to enter into force from January 2024.
On Tuesday, shortly before midnight, Parliament and Council reached agreement on a new regulation on harmonized rules for fair access to and use of data (Data Act). “Today’s agreement will accelerate the digital transformation in the Union,” predicted Erik Slottner, Swedish Minister for Public Administration. The Data Act will contribute to a single market for data, he said. It will ensure that data can flow freely within the EU.
The provisional agreement must now be approved by the Council and Parliament. The incoming Spanish presidency plans to submit the text to the Permanent Representatives of the Member States (Coreper) for adoption as soon as possible. Both sides have agreed that the law should enter into force 18 months after publication.
Damian Boeselager (Volt), involved in the negotiations as shadow rapporteur for the Greens/EFA group, called the Data Act a landmark piece of legislation. “It will, I am convinced, help lead Europe into a future of digital innovation and competition.”
However, he was not satisfied with the compromise reached on all points. On the controversial issue of trade secrets, he spoke of a debacle. The manufacturers, “with their legions of lobbyists and lawyers,” had succeeded in watering down some of the rights to share data.
For example, it is possible for manufacturers to refuse legitimate data requests in “exceptional circumstances” where disclosure of trade secrets could result in “serious and irreparable economic loss” that would undermine their “economic viability.” So they could effectively pull the emergency brake.
Boeselager believes this is extremely questionable because data involving trade secrets would have to be secured anyway before it could be shared. “This is a loophole that I don’t agree with at all.”
Christian Ehler (CDU), spokesman on industry and research policy for the EPP Group, takes a different view: “The trilogue has brought improvements, in particular, to the protection of trade secrets.” The protection of property and the integrity of data are at the forefront of the Data Act.
Angelika Niebler (CSU), a member of the responsible industry committee, is convinced that the Data Act will open up data silos and fundamentally facilitate the sharing of non-personal data. “This will create more competition because new services can develop around data based on new business ideas, such as for repairs and maintenance.” vis
The EP Environment Committee (ENVI) wants to tighten the limit values for 2030 in the Air Quality Directive compared with the Commission’s proposal. This applies to the air pollutants particulate matter (PM2.5; PM10), sulfur dioxide, nitrous dioxide and ozone. In addition, the committee calls for the limit values proposed by the WHO guideline to be implemented one-to-one in revisions to the directive.
The committee also advocates that there be more measuring points than envisaged by the Commission. The report by Javi López (S+D) was adopted by 46 votes to 41. The plenary will vote in the July session week in Strasbourg, after which the trilogue can begin.
Shadow rapporteur Norbert Lins (CDU) wants to tighten the limits now in place, but fears that the limits the Commission is proposing would already lead to new driving bans and production bans in the industry: “This revision should weigh costs and effort with the end result. Incentives instead of bans are the way to go.” mgr
Negotiations between the EU and India are not progressing fast enough to be concluded by the end of the year as hoped. “We are not as far along as we should be“, a senior EU official said yesterday in Brussels. Both sides are meeting at high frequency, he said, but positions are often still far apart.
Last June, the EU Commission and the Indian government resumed work on a free trade agreement, which had been suspended for years. The Europeans also hope to gain more political influence from deeper trade relations after New Delhi took a neutral position in the Ukraine war. In view of the geopolitical significance, Commission President Ursula von der Leyen had set the goal of reaching an agreement by the end of this year.
Commission negotiators traveled to New Delhi last week for the fifth round of negotiations. The two sides have already agreed in principle on two less significant parts of the agreement – the chapters on medium-sized enterprises and public procurement. They also agreed to exchange offers on opening their markets by the end of July. This will hopefully show that both sides are serious, it was said in Brussels.
India has traditionally resisted opening its market to foreign exporters. This was also the point at which trade talks with the EU, which began in 2007, broke down. New Delhi also has major problems with the Europeans’ demands for an ambitious sustainability chapter, the EU official said. The Commission is now trying, also under pressure from the European Parliament, to enshrine in new trade agreements far-reaching commitments by partners to protect the climate and workers’ rights. The first case in point is the trade agreement with New Zealand, which the EU member states approved yesterday in the Council.
Nicolas Köhler-Suzuki, a researcher at the Jacques Delors Institute in Paris, argued that the approach should be reconsidered in the case of India. The EU could enforce its sustainability ideas against smaller trading partners such as Vietnam or South Korea, but not against an economically weighty country like India, he said at the presentation of a study on economic relations between the EU and India. Moreover, he said, it is doubtful whether formally stipulating sustainability commitments in a trade agreement will make much difference in practice. Possibly, the effect would be greater if the partners traded more with the EU and had to meet the standards applicable in the internal market for the import of goods. tho
The planned partnership agreement with Tunisia has been delayed. A “Memorandum of Understanding” is not yet ready and will not be available in time for the EU summit on Thursday and Friday, said a spokeswoman for the EU Commission. Talks with the government in Tunis would not resume until next week. The spokeswoman did not give a reason for the delay.
It was originally planned that Commissioner Olivér Várhelyi would finalize the Tunisia deal on Tuesday. Commission President Ursula von der Leyen had described it as a “blueprint” for combating irregular migration. In addition to a chapter on illegal and legal migration, the agreement is to include chapters on trade, energy and transport. In addition, extensive EU financial aid of up to €1 billion is planned.
The delay is bad news for Germany and Italy. Both countries had been particularly pushing for the deal. Italy is the most important receiving country for boat refugees from Tunisia, Germany in turn the largest receiving country for asylum seekers. The agreement with Tunisia is considered an important prerequisite for the compromise on European asylum and migration policy negotiated by EU interior ministers.
The topic of migration is also on the agenda of the EU summit. Von der Leyen wanted to present the MoU there and get the green light for a conclusion. Instead, there is now the threat of a dispute over how to proceed. ebo
Online retailer Zalando has filed a complaint with the European Court against its classification as a “Very Large Online Platform” under the Digital Services Act (DSA). The company made the announcement on Tuesday. The company objects to the classification on several grounds.
Robert Gentz, founder and co-managing director of Zalando, cites the classification based on user numbers as the main point of criticism. There is neither a clear methodology nor standardized criteria for what constitutes “active recipients of the service”, Gentz wrote on LinkedIn. Zalando reported the number of visitors to its listings, he said. Others had provided logged-in numbers or no numbers at all, Gentz said.
As a result, the Commission had decided on its classification as a “Very Large Online Platform” (VLOP) “on a random and inconsistent basis” in Zalando’s opinion. One striking aspect of the announcement was that not a single Chinese provider – with the exception of TikTok and AliExpress – claimed to have exceeded the thresholds for VLOPs.
In addition, the company argues, the Commission counted all users. In the process, 64 percent of users would access via retail third-party offers that were not attributable to Zalando. Therefore, these should not be part of the classification under DSA. In addition, Zalando does not pose any “systemic risk”.
Zalando wants its action to be understood as a fight against superfluous bureaucracy. As the only European company classified as a VLOP, the company would be subject to direct DSA supervision by the EU Commission and would have to fulfill additional obligations. The proceedings before the European Court, the lower of the two chambers at EU level, are likely to be only the beginning of a longer dispute. fst
Amazon’s legal battle against the German Federal Cartel Office could initially involve the European Court of Justice. This was indicated on Tuesday before the Federal Court of Justice in Karlsruhe. A year ago, the Federal Cartel Office had determined that Amazon has an “outstanding cross-market significance for competition“. This declaratory decision formed the basis for the Federal Cartel Office to conduct two investigation proceedings since November 2022.
Kartellamt chief Andreas Mundt said at the time that the authority was investigating in the two proceedings “whether and how Amazon impairs the business opportunities of merchants competing with Amazon’s own retail business on the Amazon marketplace”.
Amazon is already defending itself against the Federal Cartel Office’s declaratory decision of July 2022, which was the only issue heard by the Federal Supreme Court on Tuesday. The Internet retailer, which also operates an Internet marketplace, objects, among other things, that the Federal Cartel Office has circumvented higher-ranking European law.
The BGH in Karlsruhe is responsible for the Amazon complaint in the first and last instance. The BGH’s antitrust panel is considering a referral to the ECJ in Luxembourg, according to Wolfgang Kirchhoff, chairman of the BGH antitrust panel. At the same time, the antitrust senate is considering continuing the part of the proceedings to be decided under German law in the meantime, Kirchhoff added. The presiding judge justified such a hitherto unique parallel proceeding on the grounds that it would allow the proceedings to be conducted more efficiently. Amazon’s lawyer, Reiner Hall, expressed surprise.
The BGH intends to decide soon both on the referral to the ECJ and on the continuation of the proceedings at the BGH. A date as to when these interim decisions could be made was not initially communicated. rtr
In the future, police and judicial authorities will be able to more easily access electronic evidence such as e-mails or text messages across borders when prosecuting criminal offenses. The EU countries passed a law to this effect in Brussels on Tuesday.
Under the new rules, judicial authorities can request electronic evidence directly from telecommunications or social media companies based in another EU state. These companies must then respond within ten days or, in an emergency, even within eight hours.
A so-called security order is also intended to prevent evidence from being deleted by providers. If someone wants to offer their service in the EU, a legal representative must be named to whom the judicial authorities can address themselves.
In more than 50 percent of all criminal investigations, a cross-border request for electronic evidence is made, according to the data. Until now, it has been a complicated process to obtain electronic evidence from service providers in another EU country. dpa
Whether the leap from Rotenburg to far-away Brussels was difficult? For Jan-Christoph Oetjen, who has been sitting in the European Parliament for the Liberal Group since 2019, the distance wasn’t too great: “Here, in terms of working methods, you’re actually close to local politics.” And that’s just the way the 45-year-old likes it: “Party politics play a subordinate role, new majorities are always formed, you can make things happen crosswise.”
This requires a different task profile than in the state parliament in Lower Saxony, which is characterized by the tension between government and opposition. In addition to his ongoing involvement in local politics, Oetjen was re-elected to the state parliament three times for the FDP between 2003 and 2019.
But the dimensions have changed since those days. Compared to the state parliament of Lower Saxony, the European Parliament is “so big that I really got lost on my way back to the office at the beginning”, Oetjen says. And: The scope of the decisions is different. Most recently, he sensed this with the issue of the CO2 emission standards for passenger cars, which was an extraordinary situation for him, Vice Chairman of the Transport Committee.
Oetjen counters the critics of e-fuels by saying that it is true that cars can be operated most efficiently electrically and that electric cars will therefore play a central role. However, it must be kept in mind that the expansion of the relevant infrastructure must be implemented not only in Germany and France, but also in northern Finland, Romania and La Réunion. Oetjen is not sure whether this is feasible by 2035.
Oetjen is also skeptical about the extent to which it will be possible to negotiate politically which technologies will be future-oriented. E-fuels will continue to be produced in any case; that is guaranteed by the demand from shipping and aviation alone. If there is a supply for passenger cars that does not find any customers – for example, because the costs are too high or the efficiency is too low – then that would not be a loss: “Then it was not a political decision, it was decided by the citizens through their consumption.”
Oetjen can boil down the basic features of an innovative transport concept for Europe to three key words: “digital, borderless, sustainable”. It is a matter of great concern to him that, especially in questions of mobility, thinking beyond national borders should come to an end. Here, he says, there are tasks that show that gaps have remained in Europe: “There are fewer bridges between Baden-Württemberg and Alsace today than before the First World War, and where there are no bridges, there is no traffic.”
That’s why Oetjen is enthusiastic about concepts that want to make tickets for mobility services bookable across national borders, in which everything from e-scooters to long-distance trains are brought together in an app, regardless of location. After all, low-threshold exchange opportunities are essential for the success of the European project.
Oetjen himself was sent by train to France for a school exchange at the age of 13, and has been an avowed European ever since. Today, he is married to a French woman, and their children are growing up in two cultures. The mission for the future is clear in Oetjen’s mind: “That will remain one of the main tasks – to bring Europe to life.” Julius Schwarzwälder
Combating climate change and its effects with gigantic mirrors that deflect sunlight back into the atmosphere, or injections of aerosols into the stratosphere that reduce the transmission of sunlight: what sounds like science fiction at the moment could one day become reality. Research into such methods has been going on for a long time. However, there are also risks involved in geoengineering the atmosphere.
The EU Commission wants to introduce risks from such interventions into the debate on global warming and how to combat it. It will announce today a legal framework for assessing the security implications of global warming. It’s about preventing conflict and large-scale migration due to water and food shortages. And this precisely includes assessing potential dangers from artificial interventions in the atmosphere.
A comprehensive debate and assessment is also called for by the scientific community in particular. It is true that researchers from the UN Environment Programme (UNEP) recognize the change in solar radiation as the “only option that could cool the planet within a few years”. But they also point to dangers of the technology. Among them: Possible destruction of the ozone layer, local overcompensation for climate change, and risks to people and ecosystems. In addition, they put the cost at “tens of billions of US dollars per year per one degree of cooling” – costs for possible damages are not included.
The announcement of a legal framework to evaluate the pros and cons of climate engineering: This is the global prelude to regulating such novel methods – long before they reach a practical stage.
I wish you an exciting read.
The mood was charged, the room packed: The Environment (ENVI) Committee voted against the Nature Restoration Law in the final vote yesterday (Tuesday). The vote was a tie (44-44). Thus, the Committee recommends a rejection of the entire bill in the plenary of the European Parliament.
There had already been a vote in the Environment Committee in mid-June, but the turbulent session had to be interrupted. The motion to reject the entire proposal, which had previously been introduced by the EPP, had not received a majority.
Now, for supporters and opponents of the law, it will be a matter of organizing a majority in the European Parliament for their goal. And this is in a politically tense situation, in which both sides accuse each other of “fake news” and “election manipulation”.
Even the date for the vote in the Parliament is up for debate: The EPP wants a vote in September, because of an already “full political” agenda, while Renew, S&D, Greens and Left argue for a vote in the next plenary session, probably on July 11.
A different text will be put to the vote in plenary than the one rejected in committee yesterday. Supporters of the text hope that on July 11, Parliament will vote against this rejection and in favor of a new negotiating text that has yet to be drafted. This would include elements of the compromise negotiated in Parliament until the EPP left, as well as elements of the text adopted in the Environment Council on June 20.
Rapporteur César Luena (S&D) announced that the text would be one of the priorities of the Spanish Presidency. The current Spanish government is a strong supporter of the text – but the elections that will take place in Spain on July 23 could once again change the political situation fundamentally.
It is the first time that the Parliament’s Environment Committee has rejected a Green Deal proposal. Previously, the two associated committees on agriculture and fisheries had already rejected the text. The Green Deal is the prestige project of Commission President Ursula von der Leyen. She is therefore following the votes on the renaturation law “very closely”, a commission spokesman said yesterday. The Commission declines to comment on the environment committee because “the parliamentary process has not yet been completed”.
Frans Timmermans, Vice-President of the EU Commission and responsible for the Green Deal, has repeatedly stressed that the Commission will not present any other legislative proposal. But that is exactly what the EPP wants. Instead, the Commission spokesman repeated that Timmermans is ready to renegotiate “line by line” the current text.
Luena appealed to Commission President von der Leyen, calling on her to stop the “machinations” of EPP leader Manfred Weber, who wants to annul the text in its current form, until the next plenary session. He said there was “an intense struggle” within the EPP between Weber’s camp on the one hand and von der Leyen’s on the other, although they belonged to the same party.
Tuesday’s vote took place in a heated political atmosphere marked by hostility to the bill. Luena and ENVI Chairman Pascal Canfin (Renew) accused the EPP of watering down the law and teaming up with far-right parties to make it fail. “Many lies and false claims have been spread about this law”, Luena said. “In political struggle, you have to argue with data, with knowledge, with ideas, but not with lies.”
Canfin accused Weber of replacing “one-third” of the conservative members on the ENVI committee with “conservation-skeptical” legislators in order to get the bill rejected. “This was a very clear manipulation of the ENVI vote”, Canfin said. “It can’t happen in plenary, because Manfred Weber can’t replace members in plenary.” As chairman of a committee, it is “very appalling” to see that a political group is able to “manipulate to this extent”, he added.
Christine Schneider and Peter Liese (CDU) hit back, calling Canfin’s remarks “shocking” and “unacceptable”. Canfin was the “worst and most partisan” chairman of the ENVI committee he had seen since 1994, Liese said. “This has never happened before.”
Liese admitted that his party had made “many substitutions” during the vote because “we wanted to be on the safe side”. He said his Czech colleague Stanislav Polčák was the only one who had expressed a desire to vote for the law. Polčák did not participate in Tuesday’s vote.
“Our problems with the law are still the same”, Schneider said, calling the text “impractical, backward-looking and ideologically programmed”. She maintained her position that the EU Commission had taken “a completely wrong approach” to this law. It would lead to a decline in agricultural and forestry land and thus endanger food security, she warned.
The EU Commission has presented new criteria for the green taxonomy as part of a legislative package on sustainable finance. In doing so, it is adding to the catalog of economic activities that are considered sustainable under this classification system and should thus attract climate- and environmentally-friendly investments. These were previously developed by the Sustainable Finance Platform, the Commission’s advisory body.
For the EU green taxonomy, the Commission had so far adopted delegated acts on the two climate-related objectives and on natural gas and nuclear power. It is now proposing further taxonomy criteria for economic activities that make a significant contribution to one or more of the remaining four (non-climate-related) objectives:
In addition, the Commission has adopted amendments to the delegated act on the EU climate taxonomy. These expand the range of economic activities that contribute to climate change mitigation and adaptation and were not previously covered by the taxonomy. These include, in particular, the manufacturing and transport sectors.
Among others, the following economic activities are to fall within the EU taxonomy under certain criteria:
All economic activities are subject to the “Do No Significant Harm” criteria, according to which each activity must make a substantial contribution to at least one environmental objective and not harm any of the other objectives. In addition, the legal acts prescribe a number of specific technical criteria for each individual activity.
For example, listed accommodation activities are expected to make a significant contribution to the protection and restoration of biodiversity and ecosystems (and must not harm any of the other objectives). This ranges from hotels to vacation rentals and youth hostels to bivouac sites in the forest, provided that the operations are certified by an environmental impact assessment (EIA) and meet certain minimum standards of environmental impact and sustainability.
For example, operators of activities to conserve and restore habitats, ecosystems, and species must be independently certified and must implement a management plan on a 10-year cycle.
For the production of plastic packaging, adjustments had been called for in the Commission’s public consultation. Stakeholders had suggested that the criteria of the taxonomy should be adapted to other EU legislation: for example, to the revision of the Packaging Regulation currently under negotiation, the Water Framework Directive or the Ecodesign Directive, which is also currently being revised.
Now, stricter criteria apply to plastic packaging in the taxonomy than those in the upcoming revised legislation. These relate to the use of recyclate, ecodesign and the recyclability of the product. The proportion of recyclate in packaging, for example, must be at least 35 percent (for non-touch packaging) by 2028 under the taxonomy, with a target of ten percent for touch-sensitive packaging (such as for food). From 2028, these values will be increased to 65 and 50 percent, respectively. The Commission’s draft Packaging Regulation provides for a minimum value of up to 35 percent from 2030 and up to 65 percent from 2040.
Reactions to the delegated acts were mostly positive. The Federal Association of the German Waste Management, Water and Environmental Service Industries (BDE) stated that the EU Taxonomy Regulation was a “proper and sensible instrument for more sustainability”. It was particularly pleasing that the circular economy was explicitly mentioned. From the association’s point of view, it is regrettable that waste-to-energy has not yet been considered as a sustainable activity, as it makes an important contribution to the environmental objectives of the taxonomy as a pollutant sink for hazardous substances in waste and through the recovery of metals.
In a statement, the climate think tank E3G criticizes that some activities originally proposed by the Sustainable Finance Platform were not included in the Commission proposal. These included, in particular, sectors with high environmental impacts such as chemicals, textiles, agriculture and fisheries. “For these, science-based, ambitious criteria should be developed and included in the taxonomy”, writes E3G’s Tsvetelina Kuzmanova. Similarly, existing weak criteria, such as those for the forestry sector, should also have been improved.
The delegated acts will now be submitted to the Parliament and Council for a two-month review and are expected to enter into force from January 2024.
On Tuesday, shortly before midnight, Parliament and Council reached agreement on a new regulation on harmonized rules for fair access to and use of data (Data Act). “Today’s agreement will accelerate the digital transformation in the Union,” predicted Erik Slottner, Swedish Minister for Public Administration. The Data Act will contribute to a single market for data, he said. It will ensure that data can flow freely within the EU.
The provisional agreement must now be approved by the Council and Parliament. The incoming Spanish presidency plans to submit the text to the Permanent Representatives of the Member States (Coreper) for adoption as soon as possible. Both sides have agreed that the law should enter into force 18 months after publication.
Damian Boeselager (Volt), involved in the negotiations as shadow rapporteur for the Greens/EFA group, called the Data Act a landmark piece of legislation. “It will, I am convinced, help lead Europe into a future of digital innovation and competition.”
However, he was not satisfied with the compromise reached on all points. On the controversial issue of trade secrets, he spoke of a debacle. The manufacturers, “with their legions of lobbyists and lawyers,” had succeeded in watering down some of the rights to share data.
For example, it is possible for manufacturers to refuse legitimate data requests in “exceptional circumstances” where disclosure of trade secrets could result in “serious and irreparable economic loss” that would undermine their “economic viability.” So they could effectively pull the emergency brake.
Boeselager believes this is extremely questionable because data involving trade secrets would have to be secured anyway before it could be shared. “This is a loophole that I don’t agree with at all.”
Christian Ehler (CDU), spokesman on industry and research policy for the EPP Group, takes a different view: “The trilogue has brought improvements, in particular, to the protection of trade secrets.” The protection of property and the integrity of data are at the forefront of the Data Act.
Angelika Niebler (CSU), a member of the responsible industry committee, is convinced that the Data Act will open up data silos and fundamentally facilitate the sharing of non-personal data. “This will create more competition because new services can develop around data based on new business ideas, such as for repairs and maintenance.” vis
The EP Environment Committee (ENVI) wants to tighten the limit values for 2030 in the Air Quality Directive compared with the Commission’s proposal. This applies to the air pollutants particulate matter (PM2.5; PM10), sulfur dioxide, nitrous dioxide and ozone. In addition, the committee calls for the limit values proposed by the WHO guideline to be implemented one-to-one in revisions to the directive.
The committee also advocates that there be more measuring points than envisaged by the Commission. The report by Javi López (S+D) was adopted by 46 votes to 41. The plenary will vote in the July session week in Strasbourg, after which the trilogue can begin.
Shadow rapporteur Norbert Lins (CDU) wants to tighten the limits now in place, but fears that the limits the Commission is proposing would already lead to new driving bans and production bans in the industry: “This revision should weigh costs and effort with the end result. Incentives instead of bans are the way to go.” mgr
Negotiations between the EU and India are not progressing fast enough to be concluded by the end of the year as hoped. “We are not as far along as we should be“, a senior EU official said yesterday in Brussels. Both sides are meeting at high frequency, he said, but positions are often still far apart.
Last June, the EU Commission and the Indian government resumed work on a free trade agreement, which had been suspended for years. The Europeans also hope to gain more political influence from deeper trade relations after New Delhi took a neutral position in the Ukraine war. In view of the geopolitical significance, Commission President Ursula von der Leyen had set the goal of reaching an agreement by the end of this year.
Commission negotiators traveled to New Delhi last week for the fifth round of negotiations. The two sides have already agreed in principle on two less significant parts of the agreement – the chapters on medium-sized enterprises and public procurement. They also agreed to exchange offers on opening their markets by the end of July. This will hopefully show that both sides are serious, it was said in Brussels.
India has traditionally resisted opening its market to foreign exporters. This was also the point at which trade talks with the EU, which began in 2007, broke down. New Delhi also has major problems with the Europeans’ demands for an ambitious sustainability chapter, the EU official said. The Commission is now trying, also under pressure from the European Parliament, to enshrine in new trade agreements far-reaching commitments by partners to protect the climate and workers’ rights. The first case in point is the trade agreement with New Zealand, which the EU member states approved yesterday in the Council.
Nicolas Köhler-Suzuki, a researcher at the Jacques Delors Institute in Paris, argued that the approach should be reconsidered in the case of India. The EU could enforce its sustainability ideas against smaller trading partners such as Vietnam or South Korea, but not against an economically weighty country like India, he said at the presentation of a study on economic relations between the EU and India. Moreover, he said, it is doubtful whether formally stipulating sustainability commitments in a trade agreement will make much difference in practice. Possibly, the effect would be greater if the partners traded more with the EU and had to meet the standards applicable in the internal market for the import of goods. tho
The planned partnership agreement with Tunisia has been delayed. A “Memorandum of Understanding” is not yet ready and will not be available in time for the EU summit on Thursday and Friday, said a spokeswoman for the EU Commission. Talks with the government in Tunis would not resume until next week. The spokeswoman did not give a reason for the delay.
It was originally planned that Commissioner Olivér Várhelyi would finalize the Tunisia deal on Tuesday. Commission President Ursula von der Leyen had described it as a “blueprint” for combating irregular migration. In addition to a chapter on illegal and legal migration, the agreement is to include chapters on trade, energy and transport. In addition, extensive EU financial aid of up to €1 billion is planned.
The delay is bad news for Germany and Italy. Both countries had been particularly pushing for the deal. Italy is the most important receiving country for boat refugees from Tunisia, Germany in turn the largest receiving country for asylum seekers. The agreement with Tunisia is considered an important prerequisite for the compromise on European asylum and migration policy negotiated by EU interior ministers.
The topic of migration is also on the agenda of the EU summit. Von der Leyen wanted to present the MoU there and get the green light for a conclusion. Instead, there is now the threat of a dispute over how to proceed. ebo
Online retailer Zalando has filed a complaint with the European Court against its classification as a “Very Large Online Platform” under the Digital Services Act (DSA). The company made the announcement on Tuesday. The company objects to the classification on several grounds.
Robert Gentz, founder and co-managing director of Zalando, cites the classification based on user numbers as the main point of criticism. There is neither a clear methodology nor standardized criteria for what constitutes “active recipients of the service”, Gentz wrote on LinkedIn. Zalando reported the number of visitors to its listings, he said. Others had provided logged-in numbers or no numbers at all, Gentz said.
As a result, the Commission had decided on its classification as a “Very Large Online Platform” (VLOP) “on a random and inconsistent basis” in Zalando’s opinion. One striking aspect of the announcement was that not a single Chinese provider – with the exception of TikTok and AliExpress – claimed to have exceeded the thresholds for VLOPs.
In addition, the company argues, the Commission counted all users. In the process, 64 percent of users would access via retail third-party offers that were not attributable to Zalando. Therefore, these should not be part of the classification under DSA. In addition, Zalando does not pose any “systemic risk”.
Zalando wants its action to be understood as a fight against superfluous bureaucracy. As the only European company classified as a VLOP, the company would be subject to direct DSA supervision by the EU Commission and would have to fulfill additional obligations. The proceedings before the European Court, the lower of the two chambers at EU level, are likely to be only the beginning of a longer dispute. fst
Amazon’s legal battle against the German Federal Cartel Office could initially involve the European Court of Justice. This was indicated on Tuesday before the Federal Court of Justice in Karlsruhe. A year ago, the Federal Cartel Office had determined that Amazon has an “outstanding cross-market significance for competition“. This declaratory decision formed the basis for the Federal Cartel Office to conduct two investigation proceedings since November 2022.
Kartellamt chief Andreas Mundt said at the time that the authority was investigating in the two proceedings “whether and how Amazon impairs the business opportunities of merchants competing with Amazon’s own retail business on the Amazon marketplace”.
Amazon is already defending itself against the Federal Cartel Office’s declaratory decision of July 2022, which was the only issue heard by the Federal Supreme Court on Tuesday. The Internet retailer, which also operates an Internet marketplace, objects, among other things, that the Federal Cartel Office has circumvented higher-ranking European law.
The BGH in Karlsruhe is responsible for the Amazon complaint in the first and last instance. The BGH’s antitrust panel is considering a referral to the ECJ in Luxembourg, according to Wolfgang Kirchhoff, chairman of the BGH antitrust panel. At the same time, the antitrust senate is considering continuing the part of the proceedings to be decided under German law in the meantime, Kirchhoff added. The presiding judge justified such a hitherto unique parallel proceeding on the grounds that it would allow the proceedings to be conducted more efficiently. Amazon’s lawyer, Reiner Hall, expressed surprise.
The BGH intends to decide soon both on the referral to the ECJ and on the continuation of the proceedings at the BGH. A date as to when these interim decisions could be made was not initially communicated. rtr
In the future, police and judicial authorities will be able to more easily access electronic evidence such as e-mails or text messages across borders when prosecuting criminal offenses. The EU countries passed a law to this effect in Brussels on Tuesday.
Under the new rules, judicial authorities can request electronic evidence directly from telecommunications or social media companies based in another EU state. These companies must then respond within ten days or, in an emergency, even within eight hours.
A so-called security order is also intended to prevent evidence from being deleted by providers. If someone wants to offer their service in the EU, a legal representative must be named to whom the judicial authorities can address themselves.
In more than 50 percent of all criminal investigations, a cross-border request for electronic evidence is made, according to the data. Until now, it has been a complicated process to obtain electronic evidence from service providers in another EU country. dpa
Whether the leap from Rotenburg to far-away Brussels was difficult? For Jan-Christoph Oetjen, who has been sitting in the European Parliament for the Liberal Group since 2019, the distance wasn’t too great: “Here, in terms of working methods, you’re actually close to local politics.” And that’s just the way the 45-year-old likes it: “Party politics play a subordinate role, new majorities are always formed, you can make things happen crosswise.”
This requires a different task profile than in the state parliament in Lower Saxony, which is characterized by the tension between government and opposition. In addition to his ongoing involvement in local politics, Oetjen was re-elected to the state parliament three times for the FDP between 2003 and 2019.
But the dimensions have changed since those days. Compared to the state parliament of Lower Saxony, the European Parliament is “so big that I really got lost on my way back to the office at the beginning”, Oetjen says. And: The scope of the decisions is different. Most recently, he sensed this with the issue of the CO2 emission standards for passenger cars, which was an extraordinary situation for him, Vice Chairman of the Transport Committee.
Oetjen counters the critics of e-fuels by saying that it is true that cars can be operated most efficiently electrically and that electric cars will therefore play a central role. However, it must be kept in mind that the expansion of the relevant infrastructure must be implemented not only in Germany and France, but also in northern Finland, Romania and La Réunion. Oetjen is not sure whether this is feasible by 2035.
Oetjen is also skeptical about the extent to which it will be possible to negotiate politically which technologies will be future-oriented. E-fuels will continue to be produced in any case; that is guaranteed by the demand from shipping and aviation alone. If there is a supply for passenger cars that does not find any customers – for example, because the costs are too high or the efficiency is too low – then that would not be a loss: “Then it was not a political decision, it was decided by the citizens through their consumption.”
Oetjen can boil down the basic features of an innovative transport concept for Europe to three key words: “digital, borderless, sustainable”. It is a matter of great concern to him that, especially in questions of mobility, thinking beyond national borders should come to an end. Here, he says, there are tasks that show that gaps have remained in Europe: “There are fewer bridges between Baden-Württemberg and Alsace today than before the First World War, and where there are no bridges, there is no traffic.”
That’s why Oetjen is enthusiastic about concepts that want to make tickets for mobility services bookable across national borders, in which everything from e-scooters to long-distance trains are brought together in an app, regardless of location. After all, low-threshold exchange opportunities are essential for the success of the European project.
Oetjen himself was sent by train to France for a school exchange at the age of 13, and has been an avowed European ever since. Today, he is married to a French woman, and their children are growing up in two cultures. The mission for the future is clear in Oetjen’s mind: “That will remain one of the main tasks – to bring Europe to life.” Julius Schwarzwälder