Archive for the ‘European Union’ Category

European Union wants borders free of virus restrictions by end of June – PBS NewsHour

BRUSSELS (AP) Europe could have its free travel zone up and running again by the end of this month, but travelers from further afield will not be allowed in before July, a European Union commissioner said Friday after talks among the blocs interior ministers.

Panicked by Italys coronavirus outbreak in February, countries in the 26-nation Schengen travel zone where people and goods move freely without border checks imposed border restrictions without consulting their neighbors to try to keep the disease out. The moves caused massive border traffic jams and blocked medical equipment.

Free movement is a jewel in Europes crown that helps its businesses flourish and many European officials feared that the very future of the Schengen area was under threat from coronavirus travel restrictions. These added to border pressures already caused by the arrival in Europe of well over 1 million migrants in 2015.

I personally believe that we will return to a full functioning of the Schengen area and freedom of movement of citizens no later than the end of the month of June, European Union Home Affairs Commissioner Ylva Johansson said Friday after the video-conference meeting.

All but essential travel into Europe from the outside is restricted until June 15, but many ministers suggested Friday that they want this deadline extended until early July.

The meeting came as the Czech Republic was easing restrictions with some of its neighbors; Austria, Germany and Hungary. Also Friday, Switzerland said it plans to lift restrictions on travel from EU nations and Britain on June 15. Switzerland is not an EU member but is part of the Schengen travel zone.

READ MORE: EU proposes 750 billion-euro coronavirus recovery fund

Johansson said Europes Centre for Disease Prevention and Control believes that confinement, social distancing and other health measures are working. More than 175,000 people have died in Europes coronavirus outbreak, according to a tally by Johns Hopkins University, mostly in Britain, Italy, France and Spain.

Physical distancing and other health-related measures are still needed, of course. But health authorities are clear that there is no longer a clear justification for either travel restrictions or border measures within the EU Schengen area, Johansson said.

German Interior Minister Horst Seehofer, whose country plans to lift its remaining border checks on June 15 like many other EU countries, said the internal border controls will be over in all of Europe at the end of June.

The news should come as a relief to millions of Europeans still trying to work out their summer vacation plans which begin for many in July once the school year is over and who are anxious to know whether they will be allowed to head to the continents beaches or mountains.

Its also good news for European countries whose economies have been ravaged by the spread of COVID-19 and are hoping for a much-needed boost from their decimated tourism industries.

But the perception that Italy is still dangerous is weighing heavily on its tourism sector, which along with related industries accounts for 13% of Italys gross domestic product.

In an apparent reference to Austria and Greece, which have not fully opened to Italian tourists, Italian Foreign Minister Luigi Di Maio denounced the ad hoc measures put in place by some countries as a violation of the European spirit that has always distinguished us.

Di Maio said Rome would provide regular infection data to Austria so they can have certainty about Italys numbers. Last week, he said Italy refused to be treated as a leper after Greece announced a list of 29 countries whose citizens could visit without testing or quarantine requirements, but excluded Italians, Britons and residents of other hard-hit countries.

READ MORE: EU warns of recession of historic proportions this year

Spanish Prime Minister Pedro Snchez and Italian Premier Giuseppe Conte have sent a joint letter to European Commission President Ursula Von der Leyen urging the lifting of restrictions at our internal borders () in a coordinated, non-discriminatory manner. The letter was shared with media in Spain on Friday.

The government leaders of the eurozones third- and fourth-largest economies want the European Centre for Disease Prevention and Control to play a leading role in defining as soon as possible these criteria together with the member states.

Spain, which relies on tourism for 12% of its GDP, plans to wait until July 1 to drop its 14-day quarantine requirement for everyone who crosses its borders, Spaniards included.

Many of our member states are approaching the date when they are going to reopen their borders to tourist mobility, Snchez and Conte wrote. How this process is carried out will largely determine our citizens perception of the centrality of the European Union in tackling this crisis.

Germanys Seehofer said most of the EUs interior ministers want to extend the current entry ban on outside travelers by 14 days until July 1.

Visitors from the United States, Russia or Brazil, for example, would only be allowed back into Europe on based on how those nations have brought the spread of the virus under control, he said. Those three nations account for 44% of the worlds confirmed infections and nearly 38% of the worlds confirmed coronavirus deaths, according to Johns Hopkins.

Worldwide, 6.6 million people have been confirmed infected by the virus and over 391,000 have died, according to Johns Hopkins, but experts say the tally understates the true toll of the pandemic due to limited testing, missed mild cases and deliberate government undercounts.

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European Union wants borders free of virus restrictions by end of June - PBS NewsHour

EU Listing: What is the possible recourse for Mauritius? – JD Supra

On 7 May 2020 the European Commission included Mauritius in its list of identified third-country jurisdictions having strategic deficiencies in their Anti-Money Laundering/Counter Terrorist Financing (AML/CFT) regimes which pose significant threats to the financial system of the Union (high-risk third countries).

The decision took the local financial services community by surprise and puts at great risk a sector of the Mauritian economy which accounts for around 12% of GDP. It also comes at a time when the resilience of the islands economy is going to be thoroughly tested in the aftermath of the COVID-19 pandemic.

As reiterated by the Prime Ministers Office in a Communique on 2 June 2020 (Communique), Mauritius has always adhered to international standards of good governance, transparency and taxation. To recall, the EU and the OECD have recently confirmed that Mauritius' tax regime is in conformity with their governing standards. Mauritius has also incorporated FATCA and CRS requirements into its domestic laws and has ratified the OECDs Multi-Lateral Instrument (MLI).

The Communique lays emphasis on the fact that in January of this year, Mauritius took cognisance of the FATF conclusions on its legal and regulatory framework on AML-CFT. It immediately formulated and agreed upon a detailed action plan with the FATF, with specific deadlines to remedy the identified shortcomings. It is noteworthy to mention that, out of a total of 58 recommended actions, Mauritius has only five outstanding actions to implement by September 2021.

Much has been written and said about the arbitrary nature and unfairness of the European Commissions decision. On the very same day that it adopted a new methodology, the Commission, according to the Prime Ministers Office, did the exact opposite in failing to engage in necessary consultations with Mauritius and denying the country an opportunity to provide any explanation or make any representations prior to its inclusion on the list.

The present article purports to assess the situation from a procedural point of view while setting out the options available to Mauritius in response to the European Commissions decision.

Mauritius has stated clearly that it has engaged into discussions with the European institutions with a view to reconsidering the Commissions decision. It is apposite to have a look at the legal framework of the European Union and the powers and responsibilities of the European Commission to assess options.

The European Commission is the executive arm of the European Union. Among its responsibilities, the Commission proposes laws in line with the objectives of the EU treaties and designed to bring benefits to citizens, businesses and other stakeholders of the EU. The decisions of the Commission in relation to such new laws and policies have to be adopted in accordance with the procedure set out in the Treaty on the Functioning of the European Union (TFEU).

It is by way of Delegated Regulation that the European Commission sets out its latest list of high-risk third countries. The Delegated Regulation of 7 May 2020 amends Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 (as amended in 2018) of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.

The Commission derives its powers to issue Delegated Regulations generally from Article 290 of the TFEU, reproduced below.

Article 290

1. A legislative act may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act.

The objectives, content, scope and duration of the delegation of power shall be explicitly defined in the legislative acts. The essential elements of an area shall be reserved for the legislative act and accordingly shall not be the subject of a delegation of power.

2. Legislative acts shall explicitly lay down the conditions to which the delegation is subject; these conditions may be as follows:

(a) the European Parliament or the Council may decide to revoke the delegation;(b) the delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the legislative act.

For the purposes of (a) and (b), the European Parliament shall act by a majority of its component members, and the Council by a qualified majority.

It is Article 9 of Directive 2015/849 which empowers the Commission to issue Delegated Regulations specifically to prevent the use of financial systems for the purposes of money laundering or terrorist financing, thus enabling the Commission to establish its list of high-risk third countries. The relevant extract is reproduced below:

Article 9

1. Third-country jurisdictions which have strategic deficiencies in their national AML/CFT regimes that pose significant threats to the financial system of the Union (high-risk third countries) shall be identified in order to protect the proper functioning of the internal market.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 64 in order to identify high-risk third countries, taking into account strategic deficiencies

The power to issue Delegated Regulations is subject to conditions set out in Article 64 of Directive 2015/849. Sub-paragraph 5 (reproduced below) is of particular relevance.

Article 64

5. A delegated act adopted pursuant to Article 9 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.

The Delegated Regulation of 7 May 2020 is therefore not final inasmuch as it will only come into effect if there is no objection expressed by the Council of the EU or the European Parliament. The difficulty is that such an objection should come within one month of its notification to the Council or Parliament. If we were to assume that the Delegated Regulation was notified to the Council or Parliament on the date of its publication, that is 7 May 2020, then this delay expires on 7 June 2020 pursuant to Article 64 (5) of the Directive 2015/849, unless extended at the initiative of the European Parliament or Council.

Time is therefore of the essence and, as pointed out in its Communique, Mauritius has embarked on an extensive diplomatic and lobbying campaign to this effect.

Although the legal route would not be a preferred option for any country having to deal with such a matter, Article 263 (4) of the TFEU offers a possible alternative should diplomatic efforts remain in vain.

Article 263

(ex Article 230 TEC)

Any natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures.

The proceedings provided for in this Article shall be instituted within two months of the publication of the measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be.

EU case law suggests that the following may apply for annulment under Article 263 (4): individuals, companies, trade associations, third party states, public bodies of member states.

On the issue of admissibility, only the following may be the subject matter of an application under Article 263 (4):

Inasmuch as the Delegated Regulation of 7 May 2020 is not directly addressed to Mauritius but to members of the EU, and that, further, it requires EU member states to adopt implementing measures in relation to the third countries identified as high risk therein, Mauritius can contemplate relief under Article 263 (4) on the ground that the said Delegated Regulation is of direct and/or individual concern to the country. (Vide Microban International and Microban (Europe) v. European Commission 2011 T-262/10)

The government is sparing no effort to convince the EU that Mauritius, as a jurisdiction of choice and substance, has been wronged by its inclusion in the list of third countries posing a threat to the financial system of the EU. While legal recourse might not be envisaged at this stage by the Mauritian authorities, the government as well as all stakeholders in the financial services sector in Mauritius remain hopeful of a favourable outcome following the confirmation of ongoing discussions with the EU.

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EU Listing: What is the possible recourse for Mauritius? - JD Supra

Switzerland to Reopen Borders for All EU/EFTA and UK Travelers on June 15 – SchengenVisaInfo.com

The Swiss Federal Council on its meeting on Friday, June 5, has supported a decision for citizens of all European Union Member states including Britons, as well as citizens of the Schengen Associated Countries Liechtenstein, Norway, and Iceland, to be permitted enter the country as of June 15.

The decision has been suggested by the Federal Department of Justice and Police and presented to the Council by the Federal Councillor Karin Keller-Sutter.

Federal Councillor Karin Keller-Sutter informed the Federal Council at its meeting on June 5 that the Federal Department of Justice and Police FDJP intends to lift the existing entry restrictions, applicable with regard to all EU/EFTA states and the United Kingdom as of June 15, a press release of the Swiss Council reads, regarding the decision.

A possible easing of border restrictions has been announced previously, given that the situation permits. However, previously, Switzerland noted that it would not open its border for trips from Italy, despite that the latter opened for the EU and EFTA citizens on June 3.

At that time, the Swiss authorities, asserted it was too early to lift border controls with Italy noting that they would have to coordinate border opening with Italy with the Italian authorities.

A decision to open borders with Austria, Germany and France on June 15 in agreement with the authorities of those countries, has been announced since mid-May when entry restrictions between Switzerland, Austria and Germany were relaxed for several categories.

According to the press release of the Federal Council, their decision is in line with that of many European countries, referring to the fact that several other countries as France and Iceland will also open their borders on the same date.

During todays informal video conference of Schengen-state justice and home affairs ministers, numerous ministers expressed the desire to see a return to normality and advocated the lifting of European internal border controls as of June 15, the press release reads.

Possible lifting of further entry restrictions for third countries will be decided by the Council on a later date, in consultation with the Schengen member states.

>>Timeline of EU Member States Reopening Their Borders

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Switzerland to Reopen Borders for All EU/EFTA and UK Travelers on June 15 - SchengenVisaInfo.com

Trump again threatens tariffs on European cars, this time over lobsters – Autoblog

BANGOR, Maine U.S. President Donald Trump on Friday threatened to impose tariffs on European Union cars if the bloc does not drop its tariff on American lobsters, naming White House trade adviser Peter Navarro the "lobster king" in charge of talks.

Trump, speaking at an event with commercial fishermen, also asked Navarro to identify Chinese products to hit with tariffs unless Beijing dropped its duties on American lobsters.

"If the European Union doesn't drop that tariff immediately, we're going to put a tariff on their cars, which will be equivalent," Trump said.

"Peter Navarro is going to be the lobster king now," he added after putting the adviser in charge of talks, promising the fishermen the tariffs on American lobsters would be dropped quickly by the EU.

No comment was immediately available from the U.S. Trade Representative's office or the EU's delegation in Washington. The Chinese embassy had no immediate response.

Trump's top trade negotiator, Robert Lighthizer, had proposed a mini-deal with the EU last year that would have reduced barriers for U.S. lobsters, but it never gained traction.

Talks between the two sides have struggled in recent months despite repeated visits by the EU's new trade commissioner, Phil Hogan. Sources close to both sides, speaking on condition of anonymity, say they do not expect to make much headway this year.

Trump has previously made threats to place duties on European automobile imports, with the intent of receiving better terms in the U.S.-Europe trade relationship. He has delayed imposing the tariffs a number of times.

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Trump again threatens tariffs on European cars, this time over lobsters - Autoblog

The duel: could Covid-19 kill off the EU? – Prospect

YESBruno Maes

Indeed it could, but not in the way you think. Nations will not turn their backs on the European Union in search of lost national spirit. Quite the contrary. They will turn to the institutions in Brussels with increasingly taxing demands, and that is something the system was not built for. The EU was not designed to take hard decisions between competing interests. It is very bad at making choices. What it does well is to govern by rule, and the more impersonal and automatic the rules, the better.

But suppose that the present difficulties are only the beginning. Deep interconnection between different systems leads one crisis to cascade into the next. Start with debt in the south. Italian debt is expected to surge above 160 per cent of GDP, with France and Spain also at risk. These countries are bound to demand the creation of new EU-wide financing mechanisms; they will be refused because that would fundamentally change the union. At the same time, countries such as Germany will ask for new rules on monetary policy to lock in new safeguardsthe recent ruling of its constitutional court against the European Central Bank showed this is an increasingly fraught issue. But again, these requests will be refused because they would undermine the European project.

Deep interconnection between systems could lead one disaster to cascade into the next

Many countries will demand clear guidelines on how to deal with China and the US, as the two giants enter a new cold war. Brussels, though it is supposed to have sole competence over trade, will not have an answer.

At some point an impotent EU could pronounce itself incapable of solving problems without a mandate larger than the one it currently enjoys. National leaders would return home, frustrated and angry about an outcome no one really wants, and fearful that a new push for centralisation could turn their electorates against Europe altogether.

There are few outright Leavers on the continent. But with politics stuck, leaders would proceed to address their problems alone or in small coalitions. Those of us who have argued for years that federalism is not an emotional goal but an insurance policy against dangerous paralysis might feel vindicated. But for the EU as we know it, it could be game over.

NOAnu Bradford

Of course, national interests differ in this crisis, as in many crises before. But for me, the EU was built precisely to reconcile competing demands. That is what it does. The key moments of integration have all been controversial: building the single market, adopting a common currency, enlarging the union. Even the technocratic rule-making rests on delicate compromises.

I share your concern about the cumulative effect of current challenges. The pandemic is triggering a financial crisis, and the debts of countries such as Italy risk becoming unsustainable. But the eurozone is better prepared to tackle this crisis today, thanks to measures taken after the previous financial crisis. While those have not resolved the fundamental flaw in the design of the currency unioncommon monetary policy without joint fiscal policy was always unsustainableif the solution is to either unwind monetary co-operation or strengthen fiscal co-operation, my bets are on the latter. That was the outcome of the last financial crisis as well, which saw the EUs powers grow, not diminish.

Other problems are manageable in comparison. The EU can and will defend the integrity of the single market when faced with Franco-German demands to convert competition policy into a tool for industrial policy. Berlin and Paris do not always get their way, as evidenced last year when the commission refused to approve the proposed rail merger between Siemens and Alstom.

China-US tensions do pose a challenge, but opportunities for engagement remain. The EU can work with the US to counter Chinas disinformation tactics and its stealthy export of digital surveillance. Similarly, it can engage with China on climate change or defending the international trade system, as it did recently by agreeing on a temporary World Trade Organisation dispute resolution mechanism when US actions rendered the existing mechanism dysfunctional.

You trace the EUs incapacity to solve problems to its limited political mandate. But the EU is known for using crises to expand its mandate. Following this one, it may well gain more powers in public health, as few believe that member states alone are capable of protecting their citizens from global pandemics.

YESBruno Maes

When I look back to past crises affecting the EU, I do not see the ability to make hard choices and pick the best way forward. What I see is the technocratic drive to make the choice disappear. Greece didnt leave the euro, but neither was it allowed genuine debt relief. The technical ingenuity was impressive, but will it work this time, when debt levels will be higher and when markets might not spare even France?

Italy and Spain will ask for debt mutualisation, but in return Germany would demand complete control over their budgetary decisions. Berlin is already demanding that competition policy be diluted because it fears Chinese economic power. But if European giants end up devouring smaller companies, how can other countries go along with that? It is no coincidence that the German constitutional court recently questioned the primacy of EU law: I see it as a direct consequence of deep German anxieties about a world suddenly looking much more dangerous. What do you make of the commissions response, threatening Germany with the possibility of infringement proceedings?

My fear is that rule by rules was good enough for normal times. But the virus creates an emergency in which you need to be able to decide disputes between opposing sides. I fear the EU is already tempted to answer the most difficult questions by saying they are beyond competence. Issues too difficult for Brussels to deal with are sent back to member states. How else do you explain the fact that quarantines and travel restrictions are being decided by national capitals, with the EU stepping aside? Has the EU reached system overload already?

NOAnu Bradford

I certainly agree that overload is the order of the day. Governments everywhere are facing an overload due to the challenges triggered by Covid-19. But the European response cannot be to offload those challenges to governments that are too small to deal with them. Nation states alone cannot fight a global pandemicand they know it. Your native Portugal and my native Finland may disagree on debt mutualisation, but neither can respond to global financial crises alone. The same goes for other hard problems, such as mitigating climate change or managing migration.

It is rarely wise to escalate intractable problems into all-out conflicts (a good strategy for marital and political unions alike). Take the German court challenge to ECB bond-buying. The EU institutions will likely respond, as they should, by de-escalating the conflict while defending the fundamentals: the independence of the ECB and primacy of EU treaties and the European court. If the conflict escalates, Germany might ultimately be more willing to amend its basic law than bring down the eurozone.

The EU has used crises to expand its mandate throughout historyand may soon gain public health powers

Globalisation will take a hit in the coming years. But deglobalisation is not the answer. Instead, we will likely see a move towards regionalisation. No European country can declare economic sovereignty and start sourcing, producing and selling locally. As trust in global supply chains evaporates, the EUs large internal market provides a critical hedge, combining scale, diversity and reliability. It remains the fundamental unit around which economic destinies and political choices in Europe can be built. Plus, the member-state capitals need Brussels. The EU has always been a popular scapegoat for their unpopular but necessary policy decisionsand there will be many of those ahead.

YESBruno Maes

I agree that member states are too small to deal with the problems they are facing now, but that does not guarantee that the EU can deal with them. That way of answering the question suggests that only pooled power will be enough to confront the overload challenge. Unfortunately, I see no sign that member states can take that leap. No leap leaves us with a weakened EU, and a growing gap between the gravity of the problems and the capacity the EU has at its disposal. The EU is weaker because the problems have become bigger.

The signs are very negative so far. Free movement in relatively normal times was effectively defended by the EU institutions, even during the refugee crisis. In the pandemic, on the other hand, those institutions have run away from the issue. Travel restrictions were imposed at the national level. There was no co-ordination, nor any attempt to exercise powers that were actually the EUs in many cases. The institutions hid from view not out of inertia or incompetence, but because they knew their own weakness and were afraid of being exposed. And now, it is again the states that are lifting some restrictionsin a purely self-interested bid to salvage tourism revenue!

The proposed new EU recovery instrument, while good news, will leave the fundamentals untouched. It could have been different, but that would have required a clearer mandate. I do not think the EU institutions are undemocratic. They are democratic, but their mandate is insufficient when the situation becomes a matter of running risks, especially on life and death issues, or going against strongly felt national interests.

If normality is quickly restored, damage might be limited; prestige would suffer, but time might heal the wounds. If a deep crisis continues for three or four years, and Brussels continues to hide from difficult decisions, the sense that the EU has real power and legitimacy might dissolve, not only in the eyes of elites but of most citizens. At that point, only a political ghost would remain.

NOAnu Bradford

In imposing travel restrictions, member states were acting on their public health mandate, which collided with the EUs free movement mandate. But when the pandemic is over, this collision is likely to be resolved in favour of the EU. Free movement will be restored and the EU will have gained more powers in public health. EU policies often originate from national capitals, not Brussels. The commissions role is to harness and implement EU-wide consensus. The Macron-Merkel recovery fund proposal is no different in this regard, providing a foundation for the commissions 750bn proposal.

I also worry less about the EUs weak mandate and more about the failure to deploy its strongest mandate to the fullest. The EU needs to complete the single market. This may finally happen as member states have few options but to anchor their post-crisis recovery on reanimating it. Intra-EU trade is already vital, and considerably more important than member states trade with third countries. As the pandemic and trade wars continue to destabilise the global economy, large European companies will refocus on opportunities at home. This may provide the impetus to deepen the single market in services and the digital economy, and even usher in energy and capital markets union. These require common regulation, allowing the EU to play to its strengths.

The single market does not only deliver economic benefits but important protections: a cleaner environment, safer food and enhanced protection of data, to name a few. These boost the EUs relevance and legitimacy in the eyes of its citizens.

Brexit shows that states may choose to walk away from these benefits. But the UKs example has made that choice distinctly unappealing. Sovereign Britain looks less sovereign when UK companies continue to follow EU rules to retain access to the single market even after their country has lost all say over them. If anything, Brexit vividly illustrates the value of European integration by reminding people of the lonely alternative.

That integration, with all its shortcomings, has helped make Europeans safe, rich and free. While coronavirus will diminish those attributes for some years to come, restoring them calls forand should bring into beinga stronger, not weaker, EU.

Bruno Maes is a senior fellow at the Hudson Institute and a former Europe minister of Portugal

Anu Bradford is a professor at Columbia Law School and author of The Brussels Effect: How the European Union Rules the World (OUP)

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The duel: could Covid-19 kill off the EU? - Prospect