Table.Briefing: Europe

Interview with Sophie Pornschlegel (EPC) + Solar industry + ETS reform

  • Sophie Pornschlegel (EPC): ‘Carrying on the status quo cannot be the solution’
  • Solar industry: end of supply bottlenecks in sight
  • ETS reform supposed to go directly to the plenum
  • Climate laws pending Environment Council approval
  • Hydrogen storage: Industry needs billions
  • British government wants to change Northern Ireland Protocol unilaterally
  • DSA: clear path for IMCO vote
  • Commission wants to dictate how Facebook and other platforms fight fake accounts
  • Amazon offers more transparency
  • Google offers to let ad rivals place YouTube ads
  • Carlo Piltz: the data protection consultant
Dear reader,

A constitutional amendment is necessary “to ensure that the Union can respond more effectively to future crises” – according to a resolution recently passed by the European Parliament with a clear majority. However, governments lack the will for real reform of the EU, says Sophie Pornschlegel, Senior Policy Analyst at the European Policy Centre. In an interview with Till Hoppe, she talks about her criticism of the EU’s structures and the strategy with which the traffic light coalition wants to appear pro-European.

The EU is dependent on imports of solar modules – and 63 percent of these imports come from China, according to the Commission. However, the global delivery delays are also affecting Europe: Now, container ships are even jammed in the North Sea. Experts expect the situation to ease by the end of the year. However, they expect a bottleneck in the production of polysilicon, as Manuel Berkel and Nico Beckert report.

After the ETS reform failed in the first reading in the EU Parliament, the next round is now on the agenda, directly in the plenary. The ENVI coordinators want to recommend that the amendments be put back on the agenda at the next plenary session on June 22 and 23. The Environment Committee is expected to vote on the recommendation today. The Greens warn of chaos. Read more about it in the News.

Your
Sarah Schaefer
Image of Sarah  Schaefer

Feature

‘Carrying on the status quo cannot be the solution’

Sophie Pornschlegel is a Senior Policy Analyst at the European Policy Centre and head of the Connecting Europe project.

Ms. Pornschlegel, the European Parliament has spoken out in favor of a convention to amend the EU treaties. What happens now?

A convention would be a first step – but that does not yet mean that EU treaty reform will happen. First of all, the Council must vote in favor of a convention taking up its work. If such a convention is convened, negotiations will begin: first on the composition of this body, then on the process, and finally on the content of the work. So we are still a long way from EU treaty reforms. But it would be a first step to say goodbye to the outdated Lisbon Treaty and to start an important debate on how to make the EU more capable of acting in the future.

Emmanuel Macron wants to campaign for reform among the member states between now and the EU summit on June 23 and 24. Do you think it’s realistic that the Council will pave the way for treaty change?

Thirteen member states have already spoken out clearly against EU treaty reform, including all Baltic and Scandinavian countries and many Eastern and Central European countries. Six other, mainly Western European countries, including Germany and Italy, however, have spoken out in favor of EU treaty reform, albeit in a mild tone. France still holds the Council presidency until July 1, so there is an opportunity with the Council at the end of June: President Macron wants to prioritize the issue, so we can expect it to at least be discussed by EU decision-makers.

What specifically do you criticize about the existing structures in the EU?

At the moment, the EU is mainly an intergovernmental union. It is usually the Council that slows things down, and there the unanimity principle is often the problem. The political will of the heads of state and government is often lacking. It is true that the EU could use the passerelle clause of the Lisbon Treaty and vote by qualified majority much more often. But the decision-makers don’t do it because the governments would de facto lose their veto power – they simply don’t want to. Treaty reforms will not change that.

Are you thinking of specific states in particular?

I am thinking, for one, of the autocratic governments in Poland and Hungary, which are making the EU’s work increasingly difficult. But not only that: Germany and other member states see themselves as pro-European but lack the ambition to move the EU forward. This is also problematic.

The traffic light coalition is open to contract reform, especially the Greens and FDP.

The German government is calling for majority voting in foreign and security policy. Yet it knows full well that this first requires unanimity. It hides behind such demands to appear pro-European – although this reform is hardly feasible in reality.

‘Differentiated integration or treaty reforms’

Does this also apply to Emmanuel Macron and Mario Draghi, who have clearly spoken out in favor of treaty reforms?

Macron has a clear vision for the further development of the EU – many of the concepts from the Sorbonne speech now dominate the discourse in the EU. By contrast, little has come from Germany in recent years. How ambitious Macron is when it comes to treaty reform, however, remains to be seen. In his speech on May 9, he seemed more in favor of a core Europe.

Which, in turn, Germany sees critically.

The German government has been pursuing the strategy of inclusion instead of ambition for years. But this means that the EU is not making progress in many policy areas. Given the situation, however, we need an EU that is capable of action, and that is very difficult to achieve at 27. So we need either differentiated integration or treaty reforms – carrying on as before cannot be a lasting solution.

Commission President Ursula von der Leyen has announced that she will incorporate demands from the Conference on the Future of Europe into her own proposals. What do you expect here?

I very much hope that the final report with the recommendations of the citizens will be taken up politically. We will probably find out what von der Leyen wants to implement in concrete terms in September when she delivers her State of the Union address. In any case, I hope that the EU Commission will not only use the proposals as a communication tool and will continue to advocate for deliberative democracy in the EU.

  • Democracy
  • Emmanuel Macron
  • European policy

Solar industry: end of supply bottlenecks in sight

Shipping disruptions continue to have an impact on global goods traffic. They are also being felt in the solar power sector. Like other goods, solar modules are affected by the COVID-related closures of Chinese ports, confirms a spokeswoman for the German Solar Industry Association. This hurts the sector enormously. The entire European industry is heavily dependent on supplies from other countries – especially China.

For solar modules, the EU’s import dependency is 65 to 80 percent. Almost two-thirds of these imports originated from the People’s Republic, as a Commission report on strategic dependencies noted in February. And nearly two and a half years after the pandemic began, there are still snags. In Shanghai and the neighboring Zhejiang province, however, the proportion of waiting cargo ships relative to global capacity rose again in May, according to the Kiel Trade Indicator published by the IfW on June 7.

Meanwhile, the shipping delays in China have also led to longer waiting times in European ports. “For the first time since the outbreak of the pandemic, ships are jammed off the ports of Germany, the Netherlands, and Belgium. Almost two percent of the global freight capacity is currently stuck here and can neither be loaded nor unloaded,” writes the IfW.

Ambitious goals for solar in the EU and China

But do the shipping delays also jeopardize achieving the ambitious goals of the European solar strategy? By 2025, the Commission wants to more than double the installed PV capacity to over 320 gigawatts (GW) compared to 2020, and by 2030 it is supposed to be 600 GW.

China, too, has set some ambitious goals. In 2021, the country has installed nearly 55 GW of capacity. Authorities expect that number to nearly double this year, with 108 GW added. By 2025, more than 550 gigawatts of wind and solar power plants are to be built – many of them as gigantic power plants in the deserts.

Will this even leave enough solar modules for export to the EU and Germany? The high prices for modules are likely to continue for a while, expects the umbrella organization SolarPower Europe. “Shipping delays are due to high demand and high freight costs,” says analyst Christophe Lits of SolarPower Europe, a Brussels-based lobby group that acts as a link to policymakers and the industry’s interests. However, according to a spokeswoman, the German Solar Industry Association expects the container backlog to be cleared by the end of the year.

Investors wait for prices to fall

The spot price of monocrystalline modules in Europe has jumped from $240 to $280 per kilowatt in one year, as data from consulting firm InfoLink shows. According to SolarPower Europe, some commercial solar investors have put their projects on hold till prices fall.

Last year, 20 to 25 percent of all PV projects in the EU were postponed or canceled altogether, the Commission’s report says. Aside from high shipping costs, increased raw material prices and shutdowns of Chinese factories also played a role. A lack of installers is also a significant factor, says industry representative Lits.

However, experts do not yet believe there will be production capacity bottlenecks. “Global – and China-dominated – production capacities for wafers, solar cells and modules clearly exceed even the high demand,” Johannes Bernreuter, supply chain expert at Bernreuter Research, tells Table.Media.

Polysilicon as a bottleneck

Presently, however, there is a bottleneck in the production of polysilicon. “The expansion of capacities is not keeping up with the rapidly growing demand,” says Bernreuter. But China is pursuing “gigantic expansion plans”. Within the next two years, the situation will ease, the expert predicts. Analyst Lits even expects new production capacities by the beginning of 2023.

In the long-term, the Commission and the European solar industry also aim to create new capacities. The industry wants to almost double the domestic production of polysilicon to have sufficient material for modules of 54 GW. Module production itself is to be quadrupled from 9 to 35.6 GW.

Yet at present, there is still fierce competition for solar components across the continent. In Slovakia, for example, there is a shortage of modules because buyers in other EU countries are able to pay higher prices, European consumer protection organizations report. With Nico Beckert

  • China
  • Energy
  • European policy
  • Renewable energies
  • Solar

News

ETS reform supposed to go directly to the plenum

The wrangling over the future of the European Emissions Trading System (ETS) is entering a new round. After the plenum could not agree on a common position last week, the ENVI coordinators of the political groups want to recommend to put the amendments back on the agenda at the next plenary session from June 22 to 23. The Environment Committee should vote on the coordinators’ recommendation between 11 a.m. and noon today, the secretariat said in a press release yesterday evening.

The Greens fear chaos in the votes in plenary without prior committee referral. Against the will of Social Democrats and Greens, the Environment Committee will not deal with CO2 trading again, wrote Green MEP Michael Bloss on Twitter. However, informal negotiations are to be expected, of course.

As the Environment Committee further explained, the coordinators are also aiming for final votes for the Carbon Border Adjustment Mechanism (CBAM) and the Social Climate Fund in the next plenary session. New amendments could still be tabled before then. ber

  • Climate & Environment
  • Climate Policy
  • Emissions trading

Climate laws pending Environment Council approval

For the next meeting of EU environment ministers on June 28, the French presidency is seeking agreement on several pieces of legislation from the Fit for 55 package. As “Contexte” reports, there could possibly be general orientations on several climate dossiers: the Emissions Trading System (ETS), including rules for the aviation sector, the Market Stability Reserve and the Social Climate Fund, the Effort Sharing Regulation (ESR) on burden sharing in the buildings and transport sectors, the LULUCF Regulation on natural carbon sinks and the controversial Regulation on fleet limits for passenger cars and light commercial vehicles.

On the latter point, in particular, it will be exciting to see how the environment ministers vote for their national governments. A dispute has broken out within the German government between the Greens (environment) and the FDP (transport) over the 2035 phase-out of internal combustion engines, which was passed by parliament.

Other dossiers are up for consultation: the Industrial Emissions Directive, the Fluorinated Greenhouse Gases Regulation, the Ecodesign Directive, and possibly the Renaturation Act. ber

  • Climate & Environment
  • Climate Policy
  • Emissions trading

Hydrogen storage: Industry needs billions

To achieve climate neutrality, Germany must invest up to €12.8 billion in underground storage facilities for hydrogen. Up to 40 cavern storage facilities would have to be built in addition, according to an industry study presented on Monday. The study was commissioned, among others, by the INES association, which brings together operators of existing natural gas storage facilities. With 91.2 billion cubic meters (bcm), Germany has the largest storage volume for natural gas in the EU, with a total of 399.6 bcm.

The study authors assume that only four of the twelve German pore storage facilities can be converted for operation with hydrogen. In terms of energy value, this would render one-third of German capacities worthless, or the storage facilities could only be used for methane produced synthetically from green electricity. In contrast, the 31 German cavern storage facilities could be converted to hydrogen, according to the study.

The basis for the industry study was the long-term scenarios of the German Federal Ministry of Economics for climate neutrality in 2050. According to these, 47 to 72.8 terawatt hours (TWh) of hydrogen would have to be stored in the long term. According to the gas industry, the required storage volume increases with higher electrification because more hydrogen is needed for reconversion in gas-fired power plants. ber

  • European policy
  • Federal Government
  • Hydrogen
  • Natural gas

British government wants to change Northern Ireland Protocol unilaterally

The British government wants to change the Brexit arrangements for Northern Ireland agreed with Brussels on its own. A bill presented for this purpose on Monday is necessary to secure stability and peace in the former troubled province, Foreign Secretary Liz Truss said in the House of Commons in London. She added: “We remain open to talks with the EU.” But progress could only come if Brussels accepted changes to the agreement known as the Northern Ireland Protocol. So far, that has not been the case.

“Renegotiating the protocol is unrealistic,” EU Commission Vice President Maroš Šefčovič said in a statement on Monday. The European Union will not renegotiate the protocol. The Commission will consider launching new infringement proceedings, Šefčovič added.

London is now threatening to halt the goods controls agreed in the protocol to protect the EU’s internal market and replace them with a voluntary regime. In addition, the role of the European Court of Justice is to be drastically limited. London also wants to give itself a free hand in regulations on value-added tax. According to many experts, this would be a clear breach of international law. However, the government in London denies this.

The EU had already voiced sharp criticism in advance. Šefčovič had already said in the morning that solo efforts would damage mutual trust and create uncertainty. The chairman of the Foreign Affairs Committee in the European Parliament, David McAllister, also called unilateral measures “unacceptable” in an interview with dpa.

The Northern Ireland Protocol is part of the 2019 Brexit agreement. It provides that the province, which is part of the United Kingdom, will continue to follow the rules of the EU single market and the European Customs Union. dpa/sas

  • Brexit
  • EU-Binnenmarkt
  • European policy
  • Geopolitics
  • Northern Ireland
  • United Kingdom

DSA: clear path for IMCO vote

The confusion was great, as was the anger of some of those involved. But after the latest confusion, the Digital Services Act (DSA) is now on the agenda for Thursday’s vote in IMCO, the committee responsible for the single market.

The irritations that had recently arisen before the weekend were cleared up with a version of the Council Presidency sent out on Monday morning, which is now even more final. The exception for betting and gambling platforms has been removed. The wording for stay-down obligations has also been adjusted: Neither de jure nor de facto automated filters should become mandatory by DSA, the text now explicitly emphasizes. However, the door remains explicitly open for such obligations based on other national or European laws within the scope permitted by the European Court of Justice.

Thus, barring any further surprises, the DSA should be adopted by the European Parliament in early July. fst

  • Digital policy
  • Digitization
  • European policy

Commission wants to dictate how Facebook and other platforms fight fake accounts

According to insiders, Internet companies such as Google, Facebook, and Twitter will have to take measures to counter fake user accounts and so-called deepfakes. The European Commission is expected to publish the updated code of practice on disinformation on Thursday as part of its crackdown against fake news. The code will also be linked to tough new EU rules known as the Digital Services Act (DSA). This would mean that corporations would face hefty fines if they failed to comply.

EU Internal Market Commissioner Thierry Breton said “well-known social networks” had allowed disinformation and destabilization strategies to spread unrestrained in recent years – “and even made money from it.” However, disinformation should not remain a source of revenue, according to a written statement available to Reuters. “The platforms should no longer receive a single euro for spreading disinformation.”

The Code of Conduct against Disinformation was introduced on a voluntary basis in 2018. Signatories include Google, Facebook and Twitter, as well as Microsoft and TikTok. Deepfakes are extremely realistic, computer-generated fakes of videos, for example, which have caused concern, particularly in the political context. rtr

  • Data
  • Digital policy
  • Digital Services Act
  • Digitization
  • Platforms

Amazon offers more transparency

According to insiders, Amazon is offering concessions in the antitrust dispute with the EU. Data from the company’s own Marketplace retailer platform is to be shared with sellers, and the visibility of competitors’ offers on the platform is also to be improved, people familiar with the matter said. In this way, the world’s largest online retailer hopes its concessions will stave off a potential European Union fine that could be as much as 10 percent of its global turnover.

The European Commission in 2020 charged Amazon with using its size, power and data to push its own products and gain an unfair advantage over rival merchants that sell on its online platform. It also launched an investigation into Amazon’s possible preferential treatment of its own retail offers and those of marketplace sellers that use its logistics and delivery services.

According to the insiders, the EU antitrust watchdogs will be gathering assessments from Amazon users and competitors in the coming weeks. A decision is expected by the end of the year. The EU Commission and Amazon declined to comment. The company had said in the past that it represented less than one percent of the global retail market and disagreed with the EU Commission’s assessment. rtr

  • Antitrust law
  • Digital policy
  • Digitization
  • European policy

Google offers to let ad rivals place YouTube ads

According to insiders, Google parent company Alphabet offers concessions in the antitrust dispute with the EU. Specifically, it is about allowing rivals to place advertisements on YouTube themselves, people familiar with the matter said.

The European Commission opened a probe last year to examine whether the world’s largest provider of search and video was giving itself an unfair advantage in digital advertising by restricting rivals’ and advertisers’ access to user data. rtr

  • Antitrust law
  • Digitization

Profile

Carlo Piltz: the data protection consultant

Carlo Piltz, partner at Piltz Legal & expert on data protection

Originally, Carlo Piltz wanted to study business informatics. A computer and programming enthusiast, he took a look at the study guides when he was still at school. “That’s when I saw that business informatics involved a lot of math. Well, not so great after all. Then I’ll just take law after all,” he recalls about his decision. During his law studies in Göttingen, Piltz focused on IT and media law early on. He is now one of the leading data protection experts in Germany, serves as an expert for parliaments and advises many major clients.

“I started out, and then the GDPR came along. In the end, that was also luck, but it also took courage to go into this niche,” says Piltz. The General Data Protection Regulation, which was presented by the EU Commission in 2012, was something of a watershed moment in European data protection policy. In the meantime, the European Union has become a pioneer in data protection. “Data Act, Digital Services Act, Digital Markets Act. You can hardly keep up with everything that’s being fired out of Brussels,” he says.

For him as a lawyer and expert, these are almost heavenly conditions, because many companies approach him with more and more new questions about regulations and rules. “Even for us lawyers, who deal with this on a daily basis, it’s not like we say, ‘Oh yeah, that’s totally intuitive and understandable, who has what rights and obligations there, and how it all interacts.’ These instruments are truly complex.” The challenges for companies are correspondingly great.

His law firm offers an all-round service. From advice on compliance with applicable data protection guidelines when creating a new app, to possible risks when working with a service provider from a third country, to employee data protection, which Piltz says is not always taken seriously by every company. In addition, Piltz also takes action when complaints or potential breaches have already happened and the client faces trouble. “Data protection overlays everything. If wanted, we could find problems anywhere in data protection law.”

Between investigation and privacy

With a view to data protection policy, for example, in Europe, there is a conflict between the desire for investigation and the invasion of privacy, particularly in the prosecution of possible criminal offenses. This is clearly illustrated by the current initiative of the European Commission with regard to the distribution of child pornography. In a recently presented draft law, EU Commissioner for Home Affairs Ylva Johansson envisages an obligation for certain Internet providers to check their content for depictions of child abuse and for so-called “grooming”. “This is the typical tension we face in data protection law, especially when it comes to the Internet,” says Piltz.

For him, the introduction of chat monitoring would be tantamount to a “turning point” because the scope would be very broad. “If it were to be stipulated that everything I saw would be scanned, then the question could be raised of how we differ from US law, which is so extremely in favor of surveillance,” says Piltz. If, however, the surveillance is politically desired, he would have to accept it. As a lawyer and data protection specialist, he would then be faced with a new pile of work. But he will not complain about it. Constantin Eckner

  • Data
  • Data law
  • Data protection
  • Digitization
  • DSGVO

Europe.Table Editorial Office

EUROPE.TABLE EDITORS

Licenses:
    • Sophie Pornschlegel (EPC): ‘Carrying on the status quo cannot be the solution’
    • Solar industry: end of supply bottlenecks in sight
    • ETS reform supposed to go directly to the plenum
    • Climate laws pending Environment Council approval
    • Hydrogen storage: Industry needs billions
    • British government wants to change Northern Ireland Protocol unilaterally
    • DSA: clear path for IMCO vote
    • Commission wants to dictate how Facebook and other platforms fight fake accounts
    • Amazon offers more transparency
    • Google offers to let ad rivals place YouTube ads
    • Carlo Piltz: the data protection consultant
    Dear reader,

    A constitutional amendment is necessary “to ensure that the Union can respond more effectively to future crises” – according to a resolution recently passed by the European Parliament with a clear majority. However, governments lack the will for real reform of the EU, says Sophie Pornschlegel, Senior Policy Analyst at the European Policy Centre. In an interview with Till Hoppe, she talks about her criticism of the EU’s structures and the strategy with which the traffic light coalition wants to appear pro-European.

    The EU is dependent on imports of solar modules – and 63 percent of these imports come from China, according to the Commission. However, the global delivery delays are also affecting Europe: Now, container ships are even jammed in the North Sea. Experts expect the situation to ease by the end of the year. However, they expect a bottleneck in the production of polysilicon, as Manuel Berkel and Nico Beckert report.

    After the ETS reform failed in the first reading in the EU Parliament, the next round is now on the agenda, directly in the plenary. The ENVI coordinators want to recommend that the amendments be put back on the agenda at the next plenary session on June 22 and 23. The Environment Committee is expected to vote on the recommendation today. The Greens warn of chaos. Read more about it in the News.

    Your
    Sarah Schaefer
    Image of Sarah  Schaefer

    Feature

    ‘Carrying on the status quo cannot be the solution’

    Sophie Pornschlegel is a Senior Policy Analyst at the European Policy Centre and head of the Connecting Europe project.

    Ms. Pornschlegel, the European Parliament has spoken out in favor of a convention to amend the EU treaties. What happens now?

    A convention would be a first step – but that does not yet mean that EU treaty reform will happen. First of all, the Council must vote in favor of a convention taking up its work. If such a convention is convened, negotiations will begin: first on the composition of this body, then on the process, and finally on the content of the work. So we are still a long way from EU treaty reforms. But it would be a first step to say goodbye to the outdated Lisbon Treaty and to start an important debate on how to make the EU more capable of acting in the future.

    Emmanuel Macron wants to campaign for reform among the member states between now and the EU summit on June 23 and 24. Do you think it’s realistic that the Council will pave the way for treaty change?

    Thirteen member states have already spoken out clearly against EU treaty reform, including all Baltic and Scandinavian countries and many Eastern and Central European countries. Six other, mainly Western European countries, including Germany and Italy, however, have spoken out in favor of EU treaty reform, albeit in a mild tone. France still holds the Council presidency until July 1, so there is an opportunity with the Council at the end of June: President Macron wants to prioritize the issue, so we can expect it to at least be discussed by EU decision-makers.

    What specifically do you criticize about the existing structures in the EU?

    At the moment, the EU is mainly an intergovernmental union. It is usually the Council that slows things down, and there the unanimity principle is often the problem. The political will of the heads of state and government is often lacking. It is true that the EU could use the passerelle clause of the Lisbon Treaty and vote by qualified majority much more often. But the decision-makers don’t do it because the governments would de facto lose their veto power – they simply don’t want to. Treaty reforms will not change that.

    Are you thinking of specific states in particular?

    I am thinking, for one, of the autocratic governments in Poland and Hungary, which are making the EU’s work increasingly difficult. But not only that: Germany and other member states see themselves as pro-European but lack the ambition to move the EU forward. This is also problematic.

    The traffic light coalition is open to contract reform, especially the Greens and FDP.

    The German government is calling for majority voting in foreign and security policy. Yet it knows full well that this first requires unanimity. It hides behind such demands to appear pro-European – although this reform is hardly feasible in reality.

    ‘Differentiated integration or treaty reforms’

    Does this also apply to Emmanuel Macron and Mario Draghi, who have clearly spoken out in favor of treaty reforms?

    Macron has a clear vision for the further development of the EU – many of the concepts from the Sorbonne speech now dominate the discourse in the EU. By contrast, little has come from Germany in recent years. How ambitious Macron is when it comes to treaty reform, however, remains to be seen. In his speech on May 9, he seemed more in favor of a core Europe.

    Which, in turn, Germany sees critically.

    The German government has been pursuing the strategy of inclusion instead of ambition for years. But this means that the EU is not making progress in many policy areas. Given the situation, however, we need an EU that is capable of action, and that is very difficult to achieve at 27. So we need either differentiated integration or treaty reforms – carrying on as before cannot be a lasting solution.

    Commission President Ursula von der Leyen has announced that she will incorporate demands from the Conference on the Future of Europe into her own proposals. What do you expect here?

    I very much hope that the final report with the recommendations of the citizens will be taken up politically. We will probably find out what von der Leyen wants to implement in concrete terms in September when she delivers her State of the Union address. In any case, I hope that the EU Commission will not only use the proposals as a communication tool and will continue to advocate for deliberative democracy in the EU.

    • Democracy
    • Emmanuel Macron
    • European policy

    Solar industry: end of supply bottlenecks in sight

    Shipping disruptions continue to have an impact on global goods traffic. They are also being felt in the solar power sector. Like other goods, solar modules are affected by the COVID-related closures of Chinese ports, confirms a spokeswoman for the German Solar Industry Association. This hurts the sector enormously. The entire European industry is heavily dependent on supplies from other countries – especially China.

    For solar modules, the EU’s import dependency is 65 to 80 percent. Almost two-thirds of these imports originated from the People’s Republic, as a Commission report on strategic dependencies noted in February. And nearly two and a half years after the pandemic began, there are still snags. In Shanghai and the neighboring Zhejiang province, however, the proportion of waiting cargo ships relative to global capacity rose again in May, according to the Kiel Trade Indicator published by the IfW on June 7.

    Meanwhile, the shipping delays in China have also led to longer waiting times in European ports. “For the first time since the outbreak of the pandemic, ships are jammed off the ports of Germany, the Netherlands, and Belgium. Almost two percent of the global freight capacity is currently stuck here and can neither be loaded nor unloaded,” writes the IfW.

    Ambitious goals for solar in the EU and China

    But do the shipping delays also jeopardize achieving the ambitious goals of the European solar strategy? By 2025, the Commission wants to more than double the installed PV capacity to over 320 gigawatts (GW) compared to 2020, and by 2030 it is supposed to be 600 GW.

    China, too, has set some ambitious goals. In 2021, the country has installed nearly 55 GW of capacity. Authorities expect that number to nearly double this year, with 108 GW added. By 2025, more than 550 gigawatts of wind and solar power plants are to be built – many of them as gigantic power plants in the deserts.

    Will this even leave enough solar modules for export to the EU and Germany? The high prices for modules are likely to continue for a while, expects the umbrella organization SolarPower Europe. “Shipping delays are due to high demand and high freight costs,” says analyst Christophe Lits of SolarPower Europe, a Brussels-based lobby group that acts as a link to policymakers and the industry’s interests. However, according to a spokeswoman, the German Solar Industry Association expects the container backlog to be cleared by the end of the year.

    Investors wait for prices to fall

    The spot price of monocrystalline modules in Europe has jumped from $240 to $280 per kilowatt in one year, as data from consulting firm InfoLink shows. According to SolarPower Europe, some commercial solar investors have put their projects on hold till prices fall.

    Last year, 20 to 25 percent of all PV projects in the EU were postponed or canceled altogether, the Commission’s report says. Aside from high shipping costs, increased raw material prices and shutdowns of Chinese factories also played a role. A lack of installers is also a significant factor, says industry representative Lits.

    However, experts do not yet believe there will be production capacity bottlenecks. “Global – and China-dominated – production capacities for wafers, solar cells and modules clearly exceed even the high demand,” Johannes Bernreuter, supply chain expert at Bernreuter Research, tells Table.Media.

    Polysilicon as a bottleneck

    Presently, however, there is a bottleneck in the production of polysilicon. “The expansion of capacities is not keeping up with the rapidly growing demand,” says Bernreuter. But China is pursuing “gigantic expansion plans”. Within the next two years, the situation will ease, the expert predicts. Analyst Lits even expects new production capacities by the beginning of 2023.

    In the long-term, the Commission and the European solar industry also aim to create new capacities. The industry wants to almost double the domestic production of polysilicon to have sufficient material for modules of 54 GW. Module production itself is to be quadrupled from 9 to 35.6 GW.

    Yet at present, there is still fierce competition for solar components across the continent. In Slovakia, for example, there is a shortage of modules because buyers in other EU countries are able to pay higher prices, European consumer protection organizations report. With Nico Beckert

    • China
    • Energy
    • European policy
    • Renewable energies
    • Solar

    News

    ETS reform supposed to go directly to the plenum

    The wrangling over the future of the European Emissions Trading System (ETS) is entering a new round. After the plenum could not agree on a common position last week, the ENVI coordinators of the political groups want to recommend to put the amendments back on the agenda at the next plenary session from June 22 to 23. The Environment Committee should vote on the coordinators’ recommendation between 11 a.m. and noon today, the secretariat said in a press release yesterday evening.

    The Greens fear chaos in the votes in plenary without prior committee referral. Against the will of Social Democrats and Greens, the Environment Committee will not deal with CO2 trading again, wrote Green MEP Michael Bloss on Twitter. However, informal negotiations are to be expected, of course.

    As the Environment Committee further explained, the coordinators are also aiming for final votes for the Carbon Border Adjustment Mechanism (CBAM) and the Social Climate Fund in the next plenary session. New amendments could still be tabled before then. ber

    • Climate & Environment
    • Climate Policy
    • Emissions trading

    Climate laws pending Environment Council approval

    For the next meeting of EU environment ministers on June 28, the French presidency is seeking agreement on several pieces of legislation from the Fit for 55 package. As “Contexte” reports, there could possibly be general orientations on several climate dossiers: the Emissions Trading System (ETS), including rules for the aviation sector, the Market Stability Reserve and the Social Climate Fund, the Effort Sharing Regulation (ESR) on burden sharing in the buildings and transport sectors, the LULUCF Regulation on natural carbon sinks and the controversial Regulation on fleet limits for passenger cars and light commercial vehicles.

    On the latter point, in particular, it will be exciting to see how the environment ministers vote for their national governments. A dispute has broken out within the German government between the Greens (environment) and the FDP (transport) over the 2035 phase-out of internal combustion engines, which was passed by parliament.

    Other dossiers are up for consultation: the Industrial Emissions Directive, the Fluorinated Greenhouse Gases Regulation, the Ecodesign Directive, and possibly the Renaturation Act. ber

    • Climate & Environment
    • Climate Policy
    • Emissions trading

    Hydrogen storage: Industry needs billions

    To achieve climate neutrality, Germany must invest up to €12.8 billion in underground storage facilities for hydrogen. Up to 40 cavern storage facilities would have to be built in addition, according to an industry study presented on Monday. The study was commissioned, among others, by the INES association, which brings together operators of existing natural gas storage facilities. With 91.2 billion cubic meters (bcm), Germany has the largest storage volume for natural gas in the EU, with a total of 399.6 bcm.

    The study authors assume that only four of the twelve German pore storage facilities can be converted for operation with hydrogen. In terms of energy value, this would render one-third of German capacities worthless, or the storage facilities could only be used for methane produced synthetically from green electricity. In contrast, the 31 German cavern storage facilities could be converted to hydrogen, according to the study.

    The basis for the industry study was the long-term scenarios of the German Federal Ministry of Economics for climate neutrality in 2050. According to these, 47 to 72.8 terawatt hours (TWh) of hydrogen would have to be stored in the long term. According to the gas industry, the required storage volume increases with higher electrification because more hydrogen is needed for reconversion in gas-fired power plants. ber

    • European policy
    • Federal Government
    • Hydrogen
    • Natural gas

    British government wants to change Northern Ireland Protocol unilaterally

    The British government wants to change the Brexit arrangements for Northern Ireland agreed with Brussels on its own. A bill presented for this purpose on Monday is necessary to secure stability and peace in the former troubled province, Foreign Secretary Liz Truss said in the House of Commons in London. She added: “We remain open to talks with the EU.” But progress could only come if Brussels accepted changes to the agreement known as the Northern Ireland Protocol. So far, that has not been the case.

    “Renegotiating the protocol is unrealistic,” EU Commission Vice President Maroš Šefčovič said in a statement on Monday. The European Union will not renegotiate the protocol. The Commission will consider launching new infringement proceedings, Šefčovič added.

    London is now threatening to halt the goods controls agreed in the protocol to protect the EU’s internal market and replace them with a voluntary regime. In addition, the role of the European Court of Justice is to be drastically limited. London also wants to give itself a free hand in regulations on value-added tax. According to many experts, this would be a clear breach of international law. However, the government in London denies this.

    The EU had already voiced sharp criticism in advance. Šefčovič had already said in the morning that solo efforts would damage mutual trust and create uncertainty. The chairman of the Foreign Affairs Committee in the European Parliament, David McAllister, also called unilateral measures “unacceptable” in an interview with dpa.

    The Northern Ireland Protocol is part of the 2019 Brexit agreement. It provides that the province, which is part of the United Kingdom, will continue to follow the rules of the EU single market and the European Customs Union. dpa/sas

    • Brexit
    • EU-Binnenmarkt
    • European policy
    • Geopolitics
    • Northern Ireland
    • United Kingdom

    DSA: clear path for IMCO vote

    The confusion was great, as was the anger of some of those involved. But after the latest confusion, the Digital Services Act (DSA) is now on the agenda for Thursday’s vote in IMCO, the committee responsible for the single market.

    The irritations that had recently arisen before the weekend were cleared up with a version of the Council Presidency sent out on Monday morning, which is now even more final. The exception for betting and gambling platforms has been removed. The wording for stay-down obligations has also been adjusted: Neither de jure nor de facto automated filters should become mandatory by DSA, the text now explicitly emphasizes. However, the door remains explicitly open for such obligations based on other national or European laws within the scope permitted by the European Court of Justice.

    Thus, barring any further surprises, the DSA should be adopted by the European Parliament in early July. fst

    • Digital policy
    • Digitization
    • European policy

    Commission wants to dictate how Facebook and other platforms fight fake accounts

    According to insiders, Internet companies such as Google, Facebook, and Twitter will have to take measures to counter fake user accounts and so-called deepfakes. The European Commission is expected to publish the updated code of practice on disinformation on Thursday as part of its crackdown against fake news. The code will also be linked to tough new EU rules known as the Digital Services Act (DSA). This would mean that corporations would face hefty fines if they failed to comply.

    EU Internal Market Commissioner Thierry Breton said “well-known social networks” had allowed disinformation and destabilization strategies to spread unrestrained in recent years – “and even made money from it.” However, disinformation should not remain a source of revenue, according to a written statement available to Reuters. “The platforms should no longer receive a single euro for spreading disinformation.”

    The Code of Conduct against Disinformation was introduced on a voluntary basis in 2018. Signatories include Google, Facebook and Twitter, as well as Microsoft and TikTok. Deepfakes are extremely realistic, computer-generated fakes of videos, for example, which have caused concern, particularly in the political context. rtr

    • Data
    • Digital policy
    • Digital Services Act
    • Digitization
    • Platforms

    Amazon offers more transparency

    According to insiders, Amazon is offering concessions in the antitrust dispute with the EU. Data from the company’s own Marketplace retailer platform is to be shared with sellers, and the visibility of competitors’ offers on the platform is also to be improved, people familiar with the matter said. In this way, the world’s largest online retailer hopes its concessions will stave off a potential European Union fine that could be as much as 10 percent of its global turnover.

    The European Commission in 2020 charged Amazon with using its size, power and data to push its own products and gain an unfair advantage over rival merchants that sell on its online platform. It also launched an investigation into Amazon’s possible preferential treatment of its own retail offers and those of marketplace sellers that use its logistics and delivery services.

    According to the insiders, the EU antitrust watchdogs will be gathering assessments from Amazon users and competitors in the coming weeks. A decision is expected by the end of the year. The EU Commission and Amazon declined to comment. The company had said in the past that it represented less than one percent of the global retail market and disagreed with the EU Commission’s assessment. rtr

    • Antitrust law
    • Digital policy
    • Digitization
    • European policy

    Google offers to let ad rivals place YouTube ads

    According to insiders, Google parent company Alphabet offers concessions in the antitrust dispute with the EU. Specifically, it is about allowing rivals to place advertisements on YouTube themselves, people familiar with the matter said.

    The European Commission opened a probe last year to examine whether the world’s largest provider of search and video was giving itself an unfair advantage in digital advertising by restricting rivals’ and advertisers’ access to user data. rtr

    • Antitrust law
    • Digitization

    Profile

    Carlo Piltz: the data protection consultant

    Carlo Piltz, partner at Piltz Legal & expert on data protection

    Originally, Carlo Piltz wanted to study business informatics. A computer and programming enthusiast, he took a look at the study guides when he was still at school. “That’s when I saw that business informatics involved a lot of math. Well, not so great after all. Then I’ll just take law after all,” he recalls about his decision. During his law studies in Göttingen, Piltz focused on IT and media law early on. He is now one of the leading data protection experts in Germany, serves as an expert for parliaments and advises many major clients.

    “I started out, and then the GDPR came along. In the end, that was also luck, but it also took courage to go into this niche,” says Piltz. The General Data Protection Regulation, which was presented by the EU Commission in 2012, was something of a watershed moment in European data protection policy. In the meantime, the European Union has become a pioneer in data protection. “Data Act, Digital Services Act, Digital Markets Act. You can hardly keep up with everything that’s being fired out of Brussels,” he says.

    For him as a lawyer and expert, these are almost heavenly conditions, because many companies approach him with more and more new questions about regulations and rules. “Even for us lawyers, who deal with this on a daily basis, it’s not like we say, ‘Oh yeah, that’s totally intuitive and understandable, who has what rights and obligations there, and how it all interacts.’ These instruments are truly complex.” The challenges for companies are correspondingly great.

    His law firm offers an all-round service. From advice on compliance with applicable data protection guidelines when creating a new app, to possible risks when working with a service provider from a third country, to employee data protection, which Piltz says is not always taken seriously by every company. In addition, Piltz also takes action when complaints or potential breaches have already happened and the client faces trouble. “Data protection overlays everything. If wanted, we could find problems anywhere in data protection law.”

    Between investigation and privacy

    With a view to data protection policy, for example, in Europe, there is a conflict between the desire for investigation and the invasion of privacy, particularly in the prosecution of possible criminal offenses. This is clearly illustrated by the current initiative of the European Commission with regard to the distribution of child pornography. In a recently presented draft law, EU Commissioner for Home Affairs Ylva Johansson envisages an obligation for certain Internet providers to check their content for depictions of child abuse and for so-called “grooming”. “This is the typical tension we face in data protection law, especially when it comes to the Internet,” says Piltz.

    For him, the introduction of chat monitoring would be tantamount to a “turning point” because the scope would be very broad. “If it were to be stipulated that everything I saw would be scanned, then the question could be raised of how we differ from US law, which is so extremely in favor of surveillance,” says Piltz. If, however, the surveillance is politically desired, he would have to accept it. As a lawyer and data protection specialist, he would then be faced with a new pile of work. But he will not complain about it. Constantin Eckner

    • Data
    • Data law
    • Data protection
    • Digitization
    • DSGVO

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