The corruption scandal in the European Parliament involving bribes from Qatar and Morocco has now been known for six months. Eva Kaili has meanwhile got rid of her ankle bracelet, is waiting for her trial and wants to return to Parliament. It has also been six months since the EU institutions promised to tighten controls over their own members of Parliament, officials and processes.
On Wednesday, the Commission will propose the long-awaited law on the establishment of a European ethics body. Ursula von der Leyen had announced this at the beginning of the legislative period. The calls for such an overarching ethics body for the institutions have been particularly loud since Qatargate.
But it is already known: The authority will be unable to punish violations. So it remains a paper tiger. The 14-point plan of Parliament President Roberta Metsola (EPP), which is supposed to ensure more transparency in the EP, has also meanwhile disappeared in the AFCO committee. In the meantime, the anti-corruption proposals of Roberta Metsola have been heavily watered down, as is heard from Parliament. Time and again, the MEPs involved invoke the free exercise of their mandate to free themselves from overly stringent requirements.
And the controversial Commission proposal on foreign influence, which advocates disclosure of the donors of lobbyists, has now also disappeared from the Commission’s agenda. There was too much pressure from civil society and MEPs that the Commission should first carry out an impact assessment. They also recalled that Qatargate was not the fault of an NGO but of corrupt MEPs.
In other words, despite all the mea culpa and promises, not much has happened since Qatargate. Barely a year before the European elections, it’s back to “business as usual.” Or, as lobby researcher Andreea Nastase of Maastricht University said in an interview with Table.Media: “There seems to be a lack of political will to act.”
The team around the new Budget Director General Stéphanie Riso, currently poring over the figures, is small. The group’s discussions are largely shielded, even within the EU Commission. As a result, few details have been leaked so far about the changes to the Multiannual Financial Framework (MFF) that the Commission intends to propose in just over two weeks – reportedly with a package of new own resources. What is clear, however: it will not be a big supplement.
The Commission is also aware that it cannot make high additional demands on the member states, according to Brussels. There is little willingness in the Council to make additional contributions from national budgets to close foreseeable gaps in the EU budget at the halfway point of the 2021 to 2027 financial period. According to EU diplomats, this does not only apply to countries that traditionally do not like to spend much, such as Austria or the Netherlands. The German government also shows little willingness to transfer more money to Brussels – especially as the pressure to save is growing in Berlin. Other finance ministers simply lack the fiscal leeway, they say.
There would also be little support in the Council for a new debt-financed EU pot à la the Next Generation EU. As a result, the European Sovereignty Fund, which the Commission intends to present with the MFF review on June 20, will be significantly smaller than its proponents around Internal Market Commissioner Thierry Breton had hoped. The exact function and structure of the fund are still the subject of intensive negotiations within the authority.
The Commission will thus probably propose to raise the required funds primarily through reallocations, especially from the cohesion funds or also from InvestEU. Moritz Körner, the FDP budget politician in the European Parliament, believes this to be the right approach: “It would make sense to reallocate funds from the Cohesion Fund that are only flowing out slowly, for example, to continue support of Ukraine and Moldova.”
Hardly anyone disputes that the financial requirements at the EU level have increased significantly since the budget framework was finalized after a marathon summit in 2019. Several factors mean that the MFF is likely to reach its upper limits:
“The framework is very tight – we have to use almost all the flexibility tools in the budget to absorb the increased interest costs alone,” Körner says. Diplomats say there is some willingness in the Council to offset the increased costs of interest and officials’ compensation. The Commission wants to stabilize aid to Ukraine, but presumably still through instruments outside the EU budget proper, such as the European Peace Facility.
In addition, there is the sovereignty fund announced by Commission President Ursula von der Leyen last fall. The Commission wants to raise the money for the fund as part of the MFF review. Internally, Vice President Margrethe Vestager in particular is fighting for the fund to be used as a risk buffer for private investors who want to invest in innovative technologies. The Dane expects this to be a quickly deployable instrument to serve the high investment needs for the green transformation of the economy. Her colleague Frans Timmermans, on the other hand, is in favor of strengthening the social balance within the framework of the Green Deal, according to reports in Brussels. The outcome of the discussion is still largely open.
In the German government, Economics Minister Robert Habeck (Greens) has greater sympathy for the Sovereignty Fund than Finance Minister Christian Lindner (FDP). For months, the federal government has been hiding behind the formulation that the Commission should first present an analysis of the financial requirements. According to a statement in Berlin, the proposal will be examined when available. Lindner, however, will seek political debate less about the sovereignty fund than in the negotiations on the reform of the Stability and Growth Pact.
However, the upcoming discussions are likely to be challenging anyway: The negotiations on the MFF review are likely to be linked to those on the EU budget for the coming year, according to EU sources. The Commission intends to present the draft budget for 2024 as early as Wednesday. Mixing these two processes with the sovereignty fund “is likely to lead to complex negotiations,” EU diplomats warn.
US pharmaceutical company Pfizer is refusing to provide information about an agreement to newly regulate a controversial, multibillion-dollar EU vaccine purchase from 2021. Instead of responding to questions from MPs on the COVI special committee looking into the Covid-19 crisis, the company sent a list of questions and refused to allow access to files. According to the Parliament, this is unacceptable.
The agreement with Pfizer and the German company Biontech was reached by the EU Commission at the end of May. According to the Brussels-based agency, the goal was to “better reflect the Member States’ assessment of the changing need for Covid-19 vaccines.” Details were not provided. Even when asked by Table.Media, the Commission would not provide figures on the agreement. Large sums are apparently at stake.
According to a report in the Süddeutsche Zeitung, the agreement with Pfizer, which was negotiated behind closed doors, results in high “cancellation fees.” Germany alone would have to pay “several hundred million euros” because it was buying fewer vaccine doses than originally agreed on. If the information is correct, all 27 EU countries will have to pay several billion euros. However, the parties involved have not yet commented.
The European Parliament is also in the dark. The COVI Committee had asked the EU Commission to disclose the original contracts with Pfizer in order to examine the basis for the renegotiations that have now taken place. However, the Brussels authority did not follow the request – but, according to information from the Parliament, turned to its contractual partner Pfizer with a permission request to inspect the files.
The US company reacted in an unusual way. Instead of granting permission, Pfizer sent a list of questions. The members of Parliament were asked to explain why they wanted to see the unedited versions of the 2021 contracts – after all, they had already been given access to the edited versions. However, these are partially blacked out. Pfizer also wants to know whether the texts would be published – and what the Parliament intends to do about “unauthorized leaks.”
In the view of the MEPs, this is unacceptable. It is “difficult to understand that a private company that has benefited massively financially from the pandemic and has received public funds to develop a vaccine can refuse to share the contracts concluded with the EU with MEPs,” said MEP Tilly Metz. After all, it is about health and building trust in EU procedures, she said.
The Luxembourg Green sits on the COVI committee and is not alone in her criticism. Several MEPs had already complained about the secrecy and called on Commission President Ursula von der Leyen to make a personal statement in Parliament. It was “self-evident” that von der Leyen would face the Committee, Parliament Vice President Katarina Barley told FOCUS. Von der Leyen (CDU) should not refuse, the SPD politician said. After all, “a lot of tax money” is at stake.
In total, the matter is about up to 1.8 billion vaccine doses and an estimated business volume of €35 billion. However, the EU Commission and the US company have refused from the outset to disclose the details of the deal that von der Leyen negotiated with Pfizer CEO Alfred Bourla in 2021. They cited trade secrets and safeguarding the vaccine supply as reasons.
However, the end of the Covid crisis has created a new situation: Fewer vaccine doses are needed. It is standard that there are fees, says the European Parliament. However, it is unacceptable that such clauses are negotiated without public scrutiny – and that even MEPs are denied full access to the negotiated text, they say. “That certain fees may be incurred in a commercial contract if fewer goods than planned are taken, is a standard commercial concept,” Metz said.
However, this is not an average contract between any trading partners. “It is about agreements concluded in the name of the European public with powerful private companies,” explains the MEP.
According to the COVI committee, the blockade will have repercussions. The deputies have no legal recourse. However, they are working on their final report on the Covid crisis, which is to be presented to the plenum before the summer break. In it, they could reprimand Pfizer, the EU Commission, and its president – for lack of transparency and cooperation.
Single Market Commissioner Thierry Breton is apparently determined to complete the Data Act in the next four weeks. “We have made great progress on the Data Act,” Breton told digital ministers at the Telecommunications Council in Luxembourg on Friday. He thinks only one more trilogue at the end of June will be necessary. Thus, the trilogue agreement on the Data Act could still take place under the Swedish Council presidency.
There are only a few outstanding issues that need to be resolved, Breton said, citing governance and trade secrets. “In some countries, safeguarding intellectual property rights is more challenging than in others.”
In the subsequent debate at the Telecom Council, it also became clear where the differences lie: Finland stressed that EU competitiveness, economic growth and innovation were based on data and its sharing. “Creating new access rights is a key element of the Data Act.” Too broad exceptions to these rights, for example, by reference to the protection of trade secrets, would dilute these rules. The Data Act would not be able to have its effect. France, on the other hand, argued that it is precisely trade secrets that safeguard competitiveness. However, this view, also held by Germany, probably does not have majority support in the Council.
In addition, there were other legislative procedures already in the trilogue: the European electronic Identification Scheme (eIDAS) and the e-privacy regulation. In the case of eIDAS, the positions of the Parliament and the Council are converging, Breton reported. There are still open questions, he said, for example on single identifier certification or the wallet. However, he hoped “that we will be able to make rapid progress and even bring this dossier to a close under the Swedish presidency.”
This does not apply to the e-privacy regulation, which has been under negotiation for years. The Swedes are setting priorities and announced that they will pass this dossier on to the Spanish. However, member states like the Netherlands asked to at least find a more consumer-friendly regulation on cookie banners in advance. “Citizens complain about it quite often, and rightly so,” Breton also admitted. A major point of contention, on the other hand, is data storage as part of the fight against crime.
Other topics on the agenda included:
Here, the work within the Council is still ongoing and will continue under the Spanish Council Presidency.
The most lively discussion took place during the exchange of practices and initiatives on the use of AI in the individual member states, i.e. outside the legislative process of the AI Act. This was initiated by the Danish delegation. The range of initiatives presented was very wide, from “we haven’t done anything yet” (Luxembourg) to policy advisor Ion (Romania).
Ion receives input from the population and analyzes the data. It is designed to give policymakers a better picture of citizens’ concerns and priorities. This information will serve as the basis for political decisions.
Finland also presented a project. More than one million people have already taken part in the free online course on the basics of AI. The course is available in all EU languages, including German.
Behind closed doors, the digital ministers also exchanged views with Commissioner Breton on his proposed AI Pact. With this AI Pact, the Commission wants to help AI companies understand the upcoming AI Act via a close dialog with their departments. This should enable them to prepare for it and even anticipate its implementation.
The AI Pact is something of an “antichambre” to the AI Act, Breton shared afterward. “The AI Pact will follow the AI Act’s key principles for high-risk AI.” These included data quality, technical documentation of the system, transparency, human oversight, and high levels of accuracy, cybersecurity, and robustness. Generative AI, which was not in the Commission’s proposal, should also be addressed in line with the outcome of discussions among co-legislators, Breton said.
“Other regions are not ready for regulation, but we are,” he said. “Now is the time for industry to start preparing.” The AI Pact will continue to evolve in the coming months, he said, “as we move closer to a political agreement on the AI Act.” vis
After the EPP in the EU Parliament’s Environment Committee (ENVI) left the negotiating table on the renaturation law, the remaining rapporteurs from S&D, Greens, Renew and Left negotiated 29 compromise proposals. The ENVI is scheduled to vote on these on June 15, followed by the plenary in July.
Table.Media was able to view the compromise draft in advance. It is essentially at the same level of ambition as the Commission’s proposal. It states that by 2030, renaturation measures should be carried out on at least 20 percent of all marine and terrestrial areas in the EU. The ENVI negotiators call for a 30 percent target only for those areas “in need of restoration.”
The lead rapporteur César Luena (S&D) initially called for a general increase in the ambition level to 30 percent. The withdrawal of this demand is likely to make the ENVI report more acceptable to the majority, as there are also tendencies within the Renew Group to reject the law as a whole. In the meantime, sub-targets for the renaturation of individual ecosystems were also up for discussion. These are also not reflected in the compromise motions.
There are minor changes to the likewise much-criticized ban on the deterioration of ecosystems in the Nature Conservation Act. Exemptions from the deterioration ban are to be granted only if member states can “convincingly” demonstrate that the deterioration was triggered by natural disasters or higher force. Unavoidable habitat changes as a result of climate change should only be considered a reason for exemption if a member state can scientifically prove it, MEPs add. The Commission has no such provision in its proposal. luk
It is a challenge to create a practicable Due Diligence Act that does not overburden small and medium-sized enterprises, emphasized Axel Voss (CDU) at the Table.Live briefing on Friday. The event brought together representatives from companies, the German Federal Ministry of Labor (BMAS) and civil society to discuss the parliamentary mandate on the Due Diligence Act (CSDD), which was agreed on June 1.
Voss found himself in a particularly difficult position during the vote: His CDU/CSU group voted against the compromise of rapporteur Lara Wolters (S&D). Although her party colleague as shadow rapporteur had tried until the very end to work out compromises acceptable to the EPP.
Entrepreneur Stefan Munsch, whose company manufactures chemical pumps, described how dicey the law is for companies. “I would have liked Parliament to pull the emergency brake,” he admitted, echoing the position of German industry associations, including the VDMA. He said he already has to fill out questionnaires of up to 70 pages for buyers to show that the company is doing business responsibly.
Yet his family business would only be indirectly affected by the Due Diligence Act: The company does not reach the threshold set by Parliament of €40 million in sales and 250 employees. But that would not change much for him, says Munsch. Indirectly, he would be affected by the law in the same way as larger companies, since he would have to vouch for clean supply chains with his buyers.
Munsch would thus prefer a system based on blacklists that companies can use as a guide. He said, a small, ultimately, internationally networked company like his will always have limited control over its supply chain. How should it vouch for something it cannot control, Munsch asked.
It is precisely for this reason that the question of liability must be viewed in a differentiated manner, interjected Nele Meyer, Director of the European Coalition for Corporate Justice. In fact, she said, the planned law should ensure that companies are liable, but only for problems they can act on. “This requires a paradigm shift. Companies should no longer simply outsource the cost of damages.” Meyer, however, does not consider blacklists to be expedient, because they carry the risk that companies will withdraw from regions altogether, making the situation on the ground even worse.
The risk-based approach, as demanded by the Council and the Parliament, is important to lower the burden on companies, Carsten Stender from the BMAS emphasized. It is important, he said, for companies to focus on those elements of their value chain with a real risk of negative impacts on human rights and the environment.
Stender also emphasized, “The national authorities in no way want to put additional pressure on companies.” Stender also views blacklists critically and warns, “You shouldn’t put states under blanket suspicion.” At the same time, however, the future law would have to provide more legal certainty and guidance for companies.
Another important question for the panelists was about harmonization. For EPP rapporteur Axel Voss, one thing is clear: in the law, full harmonization must be sought and the directive “ideally” converted into a regulation at a later date. He accuses the EU states of “backward thinking” when they insist that due diligence is about company law and that competence thus lies with the member states.
However, Nele Meyer warns that regulation should only be sought if the law really goes far enough and, above all, if legal recourse for injured parties is really guaranteed. Carsten Stender is also not averse to harmonization but has reservations: “We need leeway for legal idiosyncrasies.”
Meanwhile, he implied that the German government will not insist on more legal certainty for companies in the upcoming trilogue negotiations but will not pedantically stick to the so-called safe harbor clause. This would exempt companies from liability if they meet a certain checklist. An important instrument to relieve companies, for example, would be industry initiatives.
The first trilogue round on the future Due Diligence Act is already scheduled for June 8. cw
The European Court of Justice (ECJ) will issue another ruling on the independence of the judiciary in Poland this Monday (2:30 p.m.). The background is a complaint filed by the EU Commission in 2021, according to which several Polish regulations violate EU law. At issue is the independence of the Polish judiciary in reviewing EU law and the rights of judges to respect private life.
Poland’s national-conservative government has been restructuring the country’s judiciary for years, despite international criticism. The EU Commission has filed several lawsuits against the reforms. Some of the decisions were overturned by the ECJ. Because Warsaw refused to implement ECJ rulings, the Court finally imposed a fine of €1 million per day. The fine was halved in the spring because the government has since made some changes to the judicial system.
However, new proceedings are already on the horizon: In February, the EU Commission sued Poland again for violations of EU law by the Polish Constitutional Court. dpa
EU institutions do not have a particularly good reputation when it comes to transparency: rigid procedures, opaque processes, hardly any insight. For almost ten years, Emily O’Reilly has been working to change that. As the European Ombudswoman, she holds EU institutions to account by investigating complaints from individuals, businesses and organizations about maladministration in EU bodies. “The EU already has relatively good administrative standards,” said O’Reilly. “But it is precisely such an institution that is obliged to always strive for the best possible procedures and to do so for the benefit of all Europeans.”
The office of the European Ombudsman is elected every five years by the European Parliament. If the Ombudsman uncovers an instance of maladministration in the EU, EU institutions are also obliged to take a position on the matter within three months.
One of the grievances O’Reilly is addressing right now is a problem with the EU’s provision of public documents. It takes too long. “Especially when it comes to journalists who are reporting very topically on events in the EU and need timely access to documents, this is a problem,” the ombudswoman stresses. “Delayed access is thus also denied access at the same time.” And since public documents will be requested increasingly in the future, she says the EU needs to work as quickly as possible to get a handle on this problem.
The work of journalists is particularly close to the 65-year-old Irishwoman’s heart, as she worked as a journalist in her home country for more than 20 years. “You always bring a piece of your personality and your past into your career,” O’Reilly says. “And my work as a journalist prepared me well for the job of ombudswoman.” She also said that with the press, she has been a link between citizens and the government, paying close attention to the way politicians interact with the public.
That she was already extremely successful as a journalist is reflected, among other things, in her awards: In both 1986 and 1994, she won the award for best journalist of the year in Ireland. The European Ombudswoman still uses her eye for the essentials, which she has honed over the years, and her extensive experience in the field of political journalism in her work today.
After years of writing about Irish politics and authoring three books on the politics of her home country, O’Reilly’s path led her right there – into Irish politics. “After so many years as a journalist, it really appealed to me to take an active role in politics, rather than always an observing one.” Then, she said, she took a deep breath and ventured into politics. And with success.
From 2003 to 2013, she took on the role of Ireland’s Ombudswoman and Data Protection Commissioner, the first woman ever to hold the post. In 2007, she also became Environmental Information Commissioner. “Working as an Ombudswoman in Ireland was about 75 percent the same as working as an EU commissioner today,” O’Reilly says. When she receives a complaint, she listens to both sides of the story, requests relevant documents and, after getting a picture of the situation, tries to resolve the issue with all parties involved.
However, what makes the job of European Ombudswoman significantly different from the work in Ireland is the cultural aspect, says O’Reilly. Scandinavian countries, for example, are extremely transparent and offer a wealth of freely accessible documents. “Germany, on the other hand, places a very high value on data protection regulations and has a very different philosophy when it comes to transparency of their citizens.”
So one of her most difficult tasks, she says, is to find just the right middle ground between such cultural differences at the European level. “We have to find standards for Europe that, on the one hand, are not so low that they are basically useless and, on the other hand, are not so high that nobody agrees to follow them.”
All in all, Emily O’Reilly is very pleased with her powers as European Ombudswoman. “We realize that in our role as ombudsmen, we’re more of a soft power,” she admits. “But if we do our job right, we can have a really big impact on how individuals interact with the EU.” And that is how that all-important trust in the EU as an institution is created. Gregor Scheu
Plastic beverage bottle lids are among the single-use plastic items “most commonly found as litter on Union beaches.” That is what EU Directive 2019/904 says. So far, so bad. That is where environmentally conscious lawmakers can start to react and regulate.
In response, Brussels has come up with a very clever idea in the form of this directive: Manufacturers are to ensure that the lids “remain attached to the containers during the product’s intended use stage.” This sounds great because once the little plastic part is attached, it ideally ends up in the trash along with the bottle instead of in the sea.
Attentive supermarket customers may have noticed that some manufacturers are already implementing the directive. Quite exemplary, actually. However, the implementation is not always really practical. For example, the lid attached to the Coke bottle is a nuisance when drinking or pouring. You soil yourself or the coffee counter.
My preferred reaction: Tear off the lid somehow. But I often can’t get the damaged lid back on the bottle properly, depending on the manufacturer. The result: an open container. The bottle is thus neither transportable nor is the content long-lasting. In addition, the sense of the attached lids is completely superfluous. (Even if I dutifully ALWAYS throw the lid into the yellow garbage can).
But there is hope. The directive will not be mandatory until mid-2024. Until then, manufacturers and consumers can try different solutions and gain important experience. Surely a resourceful designer will come up with something better soon.
Until then, I’ll practice drinking and pouring and vow patience and forbearance in testing different variants of the environmentally friendly attached plastic lid. To be continued… Lukas Scheid
The corruption scandal in the European Parliament involving bribes from Qatar and Morocco has now been known for six months. Eva Kaili has meanwhile got rid of her ankle bracelet, is waiting for her trial and wants to return to Parliament. It has also been six months since the EU institutions promised to tighten controls over their own members of Parliament, officials and processes.
On Wednesday, the Commission will propose the long-awaited law on the establishment of a European ethics body. Ursula von der Leyen had announced this at the beginning of the legislative period. The calls for such an overarching ethics body for the institutions have been particularly loud since Qatargate.
But it is already known: The authority will be unable to punish violations. So it remains a paper tiger. The 14-point plan of Parliament President Roberta Metsola (EPP), which is supposed to ensure more transparency in the EP, has also meanwhile disappeared in the AFCO committee. In the meantime, the anti-corruption proposals of Roberta Metsola have been heavily watered down, as is heard from Parliament. Time and again, the MEPs involved invoke the free exercise of their mandate to free themselves from overly stringent requirements.
And the controversial Commission proposal on foreign influence, which advocates disclosure of the donors of lobbyists, has now also disappeared from the Commission’s agenda. There was too much pressure from civil society and MEPs that the Commission should first carry out an impact assessment. They also recalled that Qatargate was not the fault of an NGO but of corrupt MEPs.
In other words, despite all the mea culpa and promises, not much has happened since Qatargate. Barely a year before the European elections, it’s back to “business as usual.” Or, as lobby researcher Andreea Nastase of Maastricht University said in an interview with Table.Media: “There seems to be a lack of political will to act.”
The team around the new Budget Director General Stéphanie Riso, currently poring over the figures, is small. The group’s discussions are largely shielded, even within the EU Commission. As a result, few details have been leaked so far about the changes to the Multiannual Financial Framework (MFF) that the Commission intends to propose in just over two weeks – reportedly with a package of new own resources. What is clear, however: it will not be a big supplement.
The Commission is also aware that it cannot make high additional demands on the member states, according to Brussels. There is little willingness in the Council to make additional contributions from national budgets to close foreseeable gaps in the EU budget at the halfway point of the 2021 to 2027 financial period. According to EU diplomats, this does not only apply to countries that traditionally do not like to spend much, such as Austria or the Netherlands. The German government also shows little willingness to transfer more money to Brussels – especially as the pressure to save is growing in Berlin. Other finance ministers simply lack the fiscal leeway, they say.
There would also be little support in the Council for a new debt-financed EU pot à la the Next Generation EU. As a result, the European Sovereignty Fund, which the Commission intends to present with the MFF review on June 20, will be significantly smaller than its proponents around Internal Market Commissioner Thierry Breton had hoped. The exact function and structure of the fund are still the subject of intensive negotiations within the authority.
The Commission will thus probably propose to raise the required funds primarily through reallocations, especially from the cohesion funds or also from InvestEU. Moritz Körner, the FDP budget politician in the European Parliament, believes this to be the right approach: “It would make sense to reallocate funds from the Cohesion Fund that are only flowing out slowly, for example, to continue support of Ukraine and Moldova.”
Hardly anyone disputes that the financial requirements at the EU level have increased significantly since the budget framework was finalized after a marathon summit in 2019. Several factors mean that the MFF is likely to reach its upper limits:
“The framework is very tight – we have to use almost all the flexibility tools in the budget to absorb the increased interest costs alone,” Körner says. Diplomats say there is some willingness in the Council to offset the increased costs of interest and officials’ compensation. The Commission wants to stabilize aid to Ukraine, but presumably still through instruments outside the EU budget proper, such as the European Peace Facility.
In addition, there is the sovereignty fund announced by Commission President Ursula von der Leyen last fall. The Commission wants to raise the money for the fund as part of the MFF review. Internally, Vice President Margrethe Vestager in particular is fighting for the fund to be used as a risk buffer for private investors who want to invest in innovative technologies. The Dane expects this to be a quickly deployable instrument to serve the high investment needs for the green transformation of the economy. Her colleague Frans Timmermans, on the other hand, is in favor of strengthening the social balance within the framework of the Green Deal, according to reports in Brussels. The outcome of the discussion is still largely open.
In the German government, Economics Minister Robert Habeck (Greens) has greater sympathy for the Sovereignty Fund than Finance Minister Christian Lindner (FDP). For months, the federal government has been hiding behind the formulation that the Commission should first present an analysis of the financial requirements. According to a statement in Berlin, the proposal will be examined when available. Lindner, however, will seek political debate less about the sovereignty fund than in the negotiations on the reform of the Stability and Growth Pact.
However, the upcoming discussions are likely to be challenging anyway: The negotiations on the MFF review are likely to be linked to those on the EU budget for the coming year, according to EU sources. The Commission intends to present the draft budget for 2024 as early as Wednesday. Mixing these two processes with the sovereignty fund “is likely to lead to complex negotiations,” EU diplomats warn.
US pharmaceutical company Pfizer is refusing to provide information about an agreement to newly regulate a controversial, multibillion-dollar EU vaccine purchase from 2021. Instead of responding to questions from MPs on the COVI special committee looking into the Covid-19 crisis, the company sent a list of questions and refused to allow access to files. According to the Parliament, this is unacceptable.
The agreement with Pfizer and the German company Biontech was reached by the EU Commission at the end of May. According to the Brussels-based agency, the goal was to “better reflect the Member States’ assessment of the changing need for Covid-19 vaccines.” Details were not provided. Even when asked by Table.Media, the Commission would not provide figures on the agreement. Large sums are apparently at stake.
According to a report in the Süddeutsche Zeitung, the agreement with Pfizer, which was negotiated behind closed doors, results in high “cancellation fees.” Germany alone would have to pay “several hundred million euros” because it was buying fewer vaccine doses than originally agreed on. If the information is correct, all 27 EU countries will have to pay several billion euros. However, the parties involved have not yet commented.
The European Parliament is also in the dark. The COVI Committee had asked the EU Commission to disclose the original contracts with Pfizer in order to examine the basis for the renegotiations that have now taken place. However, the Brussels authority did not follow the request – but, according to information from the Parliament, turned to its contractual partner Pfizer with a permission request to inspect the files.
The US company reacted in an unusual way. Instead of granting permission, Pfizer sent a list of questions. The members of Parliament were asked to explain why they wanted to see the unedited versions of the 2021 contracts – after all, they had already been given access to the edited versions. However, these are partially blacked out. Pfizer also wants to know whether the texts would be published – and what the Parliament intends to do about “unauthorized leaks.”
In the view of the MEPs, this is unacceptable. It is “difficult to understand that a private company that has benefited massively financially from the pandemic and has received public funds to develop a vaccine can refuse to share the contracts concluded with the EU with MEPs,” said MEP Tilly Metz. After all, it is about health and building trust in EU procedures, she said.
The Luxembourg Green sits on the COVI committee and is not alone in her criticism. Several MEPs had already complained about the secrecy and called on Commission President Ursula von der Leyen to make a personal statement in Parliament. It was “self-evident” that von der Leyen would face the Committee, Parliament Vice President Katarina Barley told FOCUS. Von der Leyen (CDU) should not refuse, the SPD politician said. After all, “a lot of tax money” is at stake.
In total, the matter is about up to 1.8 billion vaccine doses and an estimated business volume of €35 billion. However, the EU Commission and the US company have refused from the outset to disclose the details of the deal that von der Leyen negotiated with Pfizer CEO Alfred Bourla in 2021. They cited trade secrets and safeguarding the vaccine supply as reasons.
However, the end of the Covid crisis has created a new situation: Fewer vaccine doses are needed. It is standard that there are fees, says the European Parliament. However, it is unacceptable that such clauses are negotiated without public scrutiny – and that even MEPs are denied full access to the negotiated text, they say. “That certain fees may be incurred in a commercial contract if fewer goods than planned are taken, is a standard commercial concept,” Metz said.
However, this is not an average contract between any trading partners. “It is about agreements concluded in the name of the European public with powerful private companies,” explains the MEP.
According to the COVI committee, the blockade will have repercussions. The deputies have no legal recourse. However, they are working on their final report on the Covid crisis, which is to be presented to the plenum before the summer break. In it, they could reprimand Pfizer, the EU Commission, and its president – for lack of transparency and cooperation.
Single Market Commissioner Thierry Breton is apparently determined to complete the Data Act in the next four weeks. “We have made great progress on the Data Act,” Breton told digital ministers at the Telecommunications Council in Luxembourg on Friday. He thinks only one more trilogue at the end of June will be necessary. Thus, the trilogue agreement on the Data Act could still take place under the Swedish Council presidency.
There are only a few outstanding issues that need to be resolved, Breton said, citing governance and trade secrets. “In some countries, safeguarding intellectual property rights is more challenging than in others.”
In the subsequent debate at the Telecom Council, it also became clear where the differences lie: Finland stressed that EU competitiveness, economic growth and innovation were based on data and its sharing. “Creating new access rights is a key element of the Data Act.” Too broad exceptions to these rights, for example, by reference to the protection of trade secrets, would dilute these rules. The Data Act would not be able to have its effect. France, on the other hand, argued that it is precisely trade secrets that safeguard competitiveness. However, this view, also held by Germany, probably does not have majority support in the Council.
In addition, there were other legislative procedures already in the trilogue: the European electronic Identification Scheme (eIDAS) and the e-privacy regulation. In the case of eIDAS, the positions of the Parliament and the Council are converging, Breton reported. There are still open questions, he said, for example on single identifier certification or the wallet. However, he hoped “that we will be able to make rapid progress and even bring this dossier to a close under the Swedish presidency.”
This does not apply to the e-privacy regulation, which has been under negotiation for years. The Swedes are setting priorities and announced that they will pass this dossier on to the Spanish. However, member states like the Netherlands asked to at least find a more consumer-friendly regulation on cookie banners in advance. “Citizens complain about it quite often, and rightly so,” Breton also admitted. A major point of contention, on the other hand, is data storage as part of the fight against crime.
Other topics on the agenda included:
Here, the work within the Council is still ongoing and will continue under the Spanish Council Presidency.
The most lively discussion took place during the exchange of practices and initiatives on the use of AI in the individual member states, i.e. outside the legislative process of the AI Act. This was initiated by the Danish delegation. The range of initiatives presented was very wide, from “we haven’t done anything yet” (Luxembourg) to policy advisor Ion (Romania).
Ion receives input from the population and analyzes the data. It is designed to give policymakers a better picture of citizens’ concerns and priorities. This information will serve as the basis for political decisions.
Finland also presented a project. More than one million people have already taken part in the free online course on the basics of AI. The course is available in all EU languages, including German.
Behind closed doors, the digital ministers also exchanged views with Commissioner Breton on his proposed AI Pact. With this AI Pact, the Commission wants to help AI companies understand the upcoming AI Act via a close dialog with their departments. This should enable them to prepare for it and even anticipate its implementation.
The AI Pact is something of an “antichambre” to the AI Act, Breton shared afterward. “The AI Pact will follow the AI Act’s key principles for high-risk AI.” These included data quality, technical documentation of the system, transparency, human oversight, and high levels of accuracy, cybersecurity, and robustness. Generative AI, which was not in the Commission’s proposal, should also be addressed in line with the outcome of discussions among co-legislators, Breton said.
“Other regions are not ready for regulation, but we are,” he said. “Now is the time for industry to start preparing.” The AI Pact will continue to evolve in the coming months, he said, “as we move closer to a political agreement on the AI Act.” vis
After the EPP in the EU Parliament’s Environment Committee (ENVI) left the negotiating table on the renaturation law, the remaining rapporteurs from S&D, Greens, Renew and Left negotiated 29 compromise proposals. The ENVI is scheduled to vote on these on June 15, followed by the plenary in July.
Table.Media was able to view the compromise draft in advance. It is essentially at the same level of ambition as the Commission’s proposal. It states that by 2030, renaturation measures should be carried out on at least 20 percent of all marine and terrestrial areas in the EU. The ENVI negotiators call for a 30 percent target only for those areas “in need of restoration.”
The lead rapporteur César Luena (S&D) initially called for a general increase in the ambition level to 30 percent. The withdrawal of this demand is likely to make the ENVI report more acceptable to the majority, as there are also tendencies within the Renew Group to reject the law as a whole. In the meantime, sub-targets for the renaturation of individual ecosystems were also up for discussion. These are also not reflected in the compromise motions.
There are minor changes to the likewise much-criticized ban on the deterioration of ecosystems in the Nature Conservation Act. Exemptions from the deterioration ban are to be granted only if member states can “convincingly” demonstrate that the deterioration was triggered by natural disasters or higher force. Unavoidable habitat changes as a result of climate change should only be considered a reason for exemption if a member state can scientifically prove it, MEPs add. The Commission has no such provision in its proposal. luk
It is a challenge to create a practicable Due Diligence Act that does not overburden small and medium-sized enterprises, emphasized Axel Voss (CDU) at the Table.Live briefing on Friday. The event brought together representatives from companies, the German Federal Ministry of Labor (BMAS) and civil society to discuss the parliamentary mandate on the Due Diligence Act (CSDD), which was agreed on June 1.
Voss found himself in a particularly difficult position during the vote: His CDU/CSU group voted against the compromise of rapporteur Lara Wolters (S&D). Although her party colleague as shadow rapporteur had tried until the very end to work out compromises acceptable to the EPP.
Entrepreneur Stefan Munsch, whose company manufactures chemical pumps, described how dicey the law is for companies. “I would have liked Parliament to pull the emergency brake,” he admitted, echoing the position of German industry associations, including the VDMA. He said he already has to fill out questionnaires of up to 70 pages for buyers to show that the company is doing business responsibly.
Yet his family business would only be indirectly affected by the Due Diligence Act: The company does not reach the threshold set by Parliament of €40 million in sales and 250 employees. But that would not change much for him, says Munsch. Indirectly, he would be affected by the law in the same way as larger companies, since he would have to vouch for clean supply chains with his buyers.
Munsch would thus prefer a system based on blacklists that companies can use as a guide. He said, a small, ultimately, internationally networked company like his will always have limited control over its supply chain. How should it vouch for something it cannot control, Munsch asked.
It is precisely for this reason that the question of liability must be viewed in a differentiated manner, interjected Nele Meyer, Director of the European Coalition for Corporate Justice. In fact, she said, the planned law should ensure that companies are liable, but only for problems they can act on. “This requires a paradigm shift. Companies should no longer simply outsource the cost of damages.” Meyer, however, does not consider blacklists to be expedient, because they carry the risk that companies will withdraw from regions altogether, making the situation on the ground even worse.
The risk-based approach, as demanded by the Council and the Parliament, is important to lower the burden on companies, Carsten Stender from the BMAS emphasized. It is important, he said, for companies to focus on those elements of their value chain with a real risk of negative impacts on human rights and the environment.
Stender also emphasized, “The national authorities in no way want to put additional pressure on companies.” Stender also views blacklists critically and warns, “You shouldn’t put states under blanket suspicion.” At the same time, however, the future law would have to provide more legal certainty and guidance for companies.
Another important question for the panelists was about harmonization. For EPP rapporteur Axel Voss, one thing is clear: in the law, full harmonization must be sought and the directive “ideally” converted into a regulation at a later date. He accuses the EU states of “backward thinking” when they insist that due diligence is about company law and that competence thus lies with the member states.
However, Nele Meyer warns that regulation should only be sought if the law really goes far enough and, above all, if legal recourse for injured parties is really guaranteed. Carsten Stender is also not averse to harmonization but has reservations: “We need leeway for legal idiosyncrasies.”
Meanwhile, he implied that the German government will not insist on more legal certainty for companies in the upcoming trilogue negotiations but will not pedantically stick to the so-called safe harbor clause. This would exempt companies from liability if they meet a certain checklist. An important instrument to relieve companies, for example, would be industry initiatives.
The first trilogue round on the future Due Diligence Act is already scheduled for June 8. cw
The European Court of Justice (ECJ) will issue another ruling on the independence of the judiciary in Poland this Monday (2:30 p.m.). The background is a complaint filed by the EU Commission in 2021, according to which several Polish regulations violate EU law. At issue is the independence of the Polish judiciary in reviewing EU law and the rights of judges to respect private life.
Poland’s national-conservative government has been restructuring the country’s judiciary for years, despite international criticism. The EU Commission has filed several lawsuits against the reforms. Some of the decisions were overturned by the ECJ. Because Warsaw refused to implement ECJ rulings, the Court finally imposed a fine of €1 million per day. The fine was halved in the spring because the government has since made some changes to the judicial system.
However, new proceedings are already on the horizon: In February, the EU Commission sued Poland again for violations of EU law by the Polish Constitutional Court. dpa
EU institutions do not have a particularly good reputation when it comes to transparency: rigid procedures, opaque processes, hardly any insight. For almost ten years, Emily O’Reilly has been working to change that. As the European Ombudswoman, she holds EU institutions to account by investigating complaints from individuals, businesses and organizations about maladministration in EU bodies. “The EU already has relatively good administrative standards,” said O’Reilly. “But it is precisely such an institution that is obliged to always strive for the best possible procedures and to do so for the benefit of all Europeans.”
The office of the European Ombudsman is elected every five years by the European Parliament. If the Ombudsman uncovers an instance of maladministration in the EU, EU institutions are also obliged to take a position on the matter within three months.
One of the grievances O’Reilly is addressing right now is a problem with the EU’s provision of public documents. It takes too long. “Especially when it comes to journalists who are reporting very topically on events in the EU and need timely access to documents, this is a problem,” the ombudswoman stresses. “Delayed access is thus also denied access at the same time.” And since public documents will be requested increasingly in the future, she says the EU needs to work as quickly as possible to get a handle on this problem.
The work of journalists is particularly close to the 65-year-old Irishwoman’s heart, as she worked as a journalist in her home country for more than 20 years. “You always bring a piece of your personality and your past into your career,” O’Reilly says. “And my work as a journalist prepared me well for the job of ombudswoman.” She also said that with the press, she has been a link between citizens and the government, paying close attention to the way politicians interact with the public.
That she was already extremely successful as a journalist is reflected, among other things, in her awards: In both 1986 and 1994, she won the award for best journalist of the year in Ireland. The European Ombudswoman still uses her eye for the essentials, which she has honed over the years, and her extensive experience in the field of political journalism in her work today.
After years of writing about Irish politics and authoring three books on the politics of her home country, O’Reilly’s path led her right there – into Irish politics. “After so many years as a journalist, it really appealed to me to take an active role in politics, rather than always an observing one.” Then, she said, she took a deep breath and ventured into politics. And with success.
From 2003 to 2013, she took on the role of Ireland’s Ombudswoman and Data Protection Commissioner, the first woman ever to hold the post. In 2007, she also became Environmental Information Commissioner. “Working as an Ombudswoman in Ireland was about 75 percent the same as working as an EU commissioner today,” O’Reilly says. When she receives a complaint, she listens to both sides of the story, requests relevant documents and, after getting a picture of the situation, tries to resolve the issue with all parties involved.
However, what makes the job of European Ombudswoman significantly different from the work in Ireland is the cultural aspect, says O’Reilly. Scandinavian countries, for example, are extremely transparent and offer a wealth of freely accessible documents. “Germany, on the other hand, places a very high value on data protection regulations and has a very different philosophy when it comes to transparency of their citizens.”
So one of her most difficult tasks, she says, is to find just the right middle ground between such cultural differences at the European level. “We have to find standards for Europe that, on the one hand, are not so low that they are basically useless and, on the other hand, are not so high that nobody agrees to follow them.”
All in all, Emily O’Reilly is very pleased with her powers as European Ombudswoman. “We realize that in our role as ombudsmen, we’re more of a soft power,” she admits. “But if we do our job right, we can have a really big impact on how individuals interact with the EU.” And that is how that all-important trust in the EU as an institution is created. Gregor Scheu
Plastic beverage bottle lids are among the single-use plastic items “most commonly found as litter on Union beaches.” That is what EU Directive 2019/904 says. So far, so bad. That is where environmentally conscious lawmakers can start to react and regulate.
In response, Brussels has come up with a very clever idea in the form of this directive: Manufacturers are to ensure that the lids “remain attached to the containers during the product’s intended use stage.” This sounds great because once the little plastic part is attached, it ideally ends up in the trash along with the bottle instead of in the sea.
Attentive supermarket customers may have noticed that some manufacturers are already implementing the directive. Quite exemplary, actually. However, the implementation is not always really practical. For example, the lid attached to the Coke bottle is a nuisance when drinking or pouring. You soil yourself or the coffee counter.
My preferred reaction: Tear off the lid somehow. But I often can’t get the damaged lid back on the bottle properly, depending on the manufacturer. The result: an open container. The bottle is thus neither transportable nor is the content long-lasting. In addition, the sense of the attached lids is completely superfluous. (Even if I dutifully ALWAYS throw the lid into the yellow garbage can).
But there is hope. The directive will not be mandatory until mid-2024. Until then, manufacturers and consumers can try different solutions and gain important experience. Surely a resourceful designer will come up with something better soon.
Until then, I’ll practice drinking and pouring and vow patience and forbearance in testing different variants of the environmentally friendly attached plastic lid. To be continued… Lukas Scheid