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Dear Readers,
In February, the focus will be on our neighbours in France. Emmanuel Macron is gearing up for a tough election campaign. In the spring, he will be seeking re-election for a second term as France’s President.
This is by no means a foregone conclusion for the committed European. Powerful rivals, primarily from the right and extreme right wing, namely the right-wing populist, Marine Le Pen, the at least as right-wing, Éric Zemmour, and conservative Republican, Valérie Pécresse, also have their eyes on the prize of France’s highest office.
If Le Pen or Zemmour do succeed in pushing Macron out of the Élysée Palace, the very future of the European project, as we have known it for decades, will be at stake. Neither of these euro-sceptics make any secret of their ambition to bring about “Frexit”; France’s withdrawal from the European Union. Together, they currently account for more than 30 percent of the vote.
The real surprise, however, and possibly the biggest threat to Macron’s re-election, could be Valérie Pécresse. Like the incumbent, she is also considered to be pro-Europe. Critics, such as Macron’s Secretary of State for Europe, Clément Beaune, are already accusing her of trying to copy the President’s latest policies.
Whichever way the dice fall, you can be sure that we will be keeping our usual constructively critical eye on developments. And Marc Uzan will no doubt be helping us in this regard. As of February, the proven Europe expert, renowned economist and Harvard fellow will be heading cep’s Paris partner institute and providing up-close commentary on the situation in France.
Stay tuned!
Best wishes
Dr. Jörg Köpke |
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| Fight for the Elysée: On 10 April, French citizens will be voting to decide on who will enter the second ballot for the office of French President two weeks later. It is thought unlikely that any of the candidates will get through on the first round. The incumbent, Emmanuel Macron is leading in the polls. |
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| Latest EU Proposals in Focus |
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Technical standards: Standardisation strategy
On 2 February, the Commission will submit its so-called standardisation strategy. The main aim is to speed up the standardisation process for products within the EU. The strategy is intended to take into account shorter innovation cycles for new products. Brussels is developing a concept that is intended to standardise precisely those areas that are of particularly great strategic interest to the EU. Norms and standards are important in international trade and in the development of markets, which is why they are so vital in technological and industrial upheavals.
Sustainable corporate governance: EU supply chain law
On 15 February, the Commission will submit its legislative package on sustainable corporate governance. This had originally been planned for 27 October, then 8 December and is now due to take place on 15 February. The Commission thereby wants to oblige companies to reduce risks in their supply chains which affect the environment, climate and human rights. In addition, corporate management will be required to take greater account of the interests of all stakeholders rather than focussing purely on short-term profits. |
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New Data Act: Promoting access to and use of data
On 23 February, the Commission will submit its proposal for a Data Act which was originally scheduled for December 2021. The aim of the proposal is to improve the access to and use of data, primarily business to business, but also businesses to government. Among other things, it will bring greater clarity regarding the right to use non-personal data produced by industrial robots in connection with the Internet of Things (IoT). In addition, it will be made easier for companies using cloud-based services to switch providers. The Data Act may also contain provisions supplementing the right to the portability of personal data under Article 20 General Data Protection Regulation [Regulation, (EU) 2016/679] and lead to an adaptation of the rules on the legal protection of databases [Directive 96/9/EC]. |
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| EU Treaties and Institutions |
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Rule of law: ECJ judgement on linking EU funds to the rule of law
On 16 February, the ECJ will announce its judgement on the actions for annulment brought by Hungary and Poland (C-156/21 and C-157/2021) against the Regulation on a general regime of conditionality for the protection of the Union budget [(EU, Euratom) 2020/2092]. Under this Regulation, the EU Commission may, under certain circumstances, suspend the payment of funds from the EU budget to a Member State due to breaches of the rule of law. The European Council had agreed, in its summit in December, that the rule of law mechanism would only be applied if the ECJ ruled against the Regulation in the actions for annulment. In his concluding remarks of 2 December 2021, the Advocate General of the ECJ found that the Regulation was lawful. |
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Digitalisation in the health sector: The European Health Data Space is on its way
As part of the French Presidency of the Council, a Ministerial Conference on citizenship, ethics and health data will be held on 2 February (see Dates below) to discuss digitalisation in the health sector in the context of rights and ethics. This event marks the starting point for efforts by the French Council Presidency to push ahead with the subject of digitalisation at EU level. A proposal is already expected in early April for a Directive from the Commission on the EU Health Data Space which is aiming for more efficient exchange and better use of health data. |
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Green Taxonomy Adoption of delegated acts on the climate taxonomy
On 2 February, the Commission will adopt a delegated act on the climate taxonomy. This will establish binding provisions on the extent to which nuclear energy and certain natural gas technology can be classified as “ecologically sustainable”. A draft of the legislation submitted on 31 December 2021 has already provoked heated political, economic and legal debate [see cepInput 1/2022]. After adopting the delegated acts, the European Parliament and the Council have up to six months to raise objections to them. Austria and Luxemburg have already announced that they will bring an action against the legislation in the CJEU. Germany is also keeping this option open. |
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Space Package Part 1: EU strategy on space traffic management
On 9 February, the Commission will submit a strategy for safe use of space. There is an increasing number of launcher rockets and small satellites in space, also due to the activities of private-sector players. This increases the risk of collisions and the number of collision avoidance manoeuvres. The strategy on better space traffic management will also take account of maintaining competitiveness.
Space Package Part 2: Secure EU communication system
On 9 February, the Commission will submit a strategy for an EU space-based global secure communication system. According to the Commission, digital development and increasing threats to cybersecurity mean that the EU needs to ensure sufficient capability of its satellite-based communication infrastructure. It regards this infrastructure as strategically important due to growing competition, both private and governmental, from the USA, Russia and China. It is therefore examining among other things the construction of special space-based and terrestrial infrastructure developed and operated by the EU, possibly jointly with the Member States. |
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| The EU Commission asks decision-makers and interested parties from civil society for their opinion on European policy proposals. Here is our short-list of the most important consultations: |
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Renewable energy: Accelerating permit procedures
In order to speed up the roll-out of renewable energy, the Commission will present non-binding guidelines on how to reduce barriers in national permit procedures. They will aim to reduce the length of the application and approval procedure, facilitate site selection and improve the staffing of permit authorities. In addition, barriers to the use of power-purchase agreements will be removed.
The submission period for opinions ends on 12 April 2022.
Go to consultation |
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Chemicals: REACH Regulation
The Commission wants to amend the Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals [(EC) No. 1907/2006 (REACH)] in order to improve the protection of human health and the environment. With this aim, it will revise the authorisation and restriction procedures for chemicals and take account of the combination effects of different chemicals. Communication of information along the supply chain will also be improved.
The submission period for opinions ends on 15 April 2022.
Go to consultation |
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Lorries and buses: CO2 emission standards for new heavy duty vehicles
As announced in the Sustainable and Smart Mobility Strategy [see cepPolicyBrief 09/2021], the Commission is going to review the CO2 emission standards for new heavy duty vehicles – lorries and buses – [Regulation (EU) 2019/1242, see cepPolicyBrief 29/2018] in order to establish stricter emission-reduction targets.
The submission period for opinions ends on 14 March 2022.
Go to consultation
Rail transport: Revision of State aid guidelines
The revision of State aid guidelines for rail transport [2008/C 184/07] will take account of the main regulatory and market developments in the rail sector since 2008 and support the sector in managing the green and digital transitions.
The submission period for opinions ends on 16 March 2022.
Go to consultation
Value chain: resilient, innovative, sustainable and digital mobility
The entire transport value chain (“mobility ecosystem”) - from vehicle manufacturers to mobility service providers - is to become “more resilient, innovative, sustainable and digital”. The Commission therefore wants comments from stakeholders regarding technology investments, developing the project pipeline, supporting infrastructure and addressing the skills gap.
The submission period for opinions ends on 31 March 2022.
Go to consultation |
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Company law: Furthering digitalisation
The Digitalisation Directive [(EU) 2019/1151] already provides for the online creation of companies. The Commission is using the consultation to find out which fields still have problems that require the digitalisation of EU company law. It asks, for example, whether companies have problems when setting up branches in other Member States due to difficulties in using registry information.
The submission period for opinions ends on 8 April 2022.
Go to consultation |
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Medical Devices: Requirements for products with an aesthetic or non-medical purpose
The Medical Devices Regulation [(EU) 2017/745, see cepAdhoc Deadline Extension for medical devices] also applies to products which are not medical products in the strict sense such as, for example, dermal fillers, contact lenses or body sculpting equipment. The Commission wants to use a so-called implementing regulation to define the requirements for these products. The draft that has been submitted principally concerns the risk management and clinical safety evaluation of the products.
The submission period for opinions ends on 11 February 2022.
Go to consultation |
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Circular economy: Right to repair
The Commission wants to introduce a right to repair and thereby strengthen the consumer’s right to insist on the repair of defective goods with the aim of ensuring a more sustainable use of products throughout their entire useful life. This will reduce the consumption of resources and the level of waste.
The submission period for opinions ends on 5 April 2022.
Go to consultation |
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2 February 2022
Online
Meeting of Health Ministers. It concerns the creation of a European ethical framework for the EU Health Data Space.
9-10 February 2022
Lyon and Grenoble
Informal Meeting of Health Ministers. It concerns, among other matters, facilitating EU citizens’ access to healthcare in the Member States.
14-17 February 2022
Strasbourg
Session of the European Parliament. Among other matters there will be a discussion on the EU strategy for offshore renewable energy (cepPolicyBrief 18/2021).
24 February 2022
Brussels, Belgium
Meeting of the Competitiveness Council. *
28 February 2022
Paris
Meeting of Health Ministers. It concerns, among other matters, the further development of European regulations on rare diseases and the creation of a European plan for rare diseases by 2030.
*The precise agenda was not yet available at the time of going to press. |
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| cep Publications to Current Topics |
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| cepAdhoc: Principles for the digital age |
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| | The Commission presented its "Principles for the Digital Age" on 26 January. It is about guard rails and standards for the so-called digital age and thus above all about the defence of democracy, freedom and competition. The cep has summarised central theses in a dossier and concludes that the course set by Brussels has come very late, as fundamental shifts of power in favour of tech companies have already taken place.
Go to cepAdhoc 1/2022. |
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| cepInput: Europe in the taxonomy trap |
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| | On New Year’s Eve, the Commission submitted the draft of a delegated act on the EU climate taxonomy. It contained a proposal to classify nuclear power and natural gas as environmentally sustainable. This step is highly controversial. Austria and Luxembourg have already announced plans to take the matter to the CJEU. The cep has looked into if the Commission was even authorised to make this classification in a delegated act. The experts find that the Commission has fallen into a trap, both legally and politically.
Go to cepInput 2/2022 |
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| cepInput: The French Climate and Resilience Law |
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| | The European Union wants to reduce greenhouse gas emissions by 55 percent compared to 1990 by the end of this decade. Just one day before the EU climate package “Fit for 55” was published on 14 July 2021, France passed its own climate law. This also provides for a reduction of emissions - but only by 40 percent. Experts at the Centrum für Europäische Politik in Paris have examined both legislative packages and conclude that the French government’s timing was “extremely unfortunate”.
Go to cepInput 1/2022 |
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Dear Readers,
The Portuguese have already voted; at the weekend, the xenophobic Chega! party took 7% of the vote to become the strongest opposition party behind the socialists and social democrats. Observers were expecting the right-wing populists to do better. Perhaps that is a good omen for France.
Yours
Dr. Jörg Köpke |
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