CEO: Guided tour of climate lobbies COP-15

You are warmly invite to join CEO’s guided tour through the Bella Center, where the UN climate summit takes place: Wednesday 16 December, starting at 14.00 h sharp. During the tour we will introduce you to examples of the corporate lobby groups present at the summit and their efforts to undermine effective government action against climate change.

If you would like to join this tour, send an email with your name and contact details to: ceo@corporateeurope.org

Public funds used to lobby for fossil fuel in Copenhagen
The Zero Emissions Platform (ZEP) – an EU-based fossil fuel industry group funded, in part, by the European tax payer – is in Copenhagen to promote the role of Carbon Capture and Storage (CCS) in an agreement on climate change. CEO’s new report looks at how ZEP – originally an advisory group on EU research funding – has used public money to lobby for subsidies in the EU – and how it is pushing for support on an international scale.

Read the new report here:

Blogging from Copenhagen and Brussels:

Old polluting companies push like crazy for CCS
CEO asks inconvenient questions to fossile fuel lobbyists from the Zero Emissions Platform (ZEP):

Read more here: http://climatecrashers.blogspot.com/2009/12/old-polluting-companies-push-like-crazy.html

Counting the lobbyists at the climate talks
There are thousands of business lobbyists at the UN climate talks in Copenhagen, but the biggest group once again appears to be the International Emissions Trading Association (IETA).

Read more here: http://www.corporateeurope.org/climate-and-energy/blog/helen/2009/12/12/counting-lobbyists

EU citizens suspect corruption in EU institutions, Wenig escapes sanctions
According to a new Eurobarometer poll, a shocking 76% of EU citizens agree “there is corruption within the institutions of the European Union”, up from 66% in 2007. Whether these fears are justified or not, the Commission does not exactly have its house in order yet when it comes to avoiding conflicts of interest. The need for change was underlined very clearly when earlier this month, the European Voice reported the bizarre news that former Commission official Fritz-Harald Wenig was found guilty, but will not suffer any consequences for highly unethical behaviour.

Read more here:

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Commission launches consultation on EU 2020: a new strategy to make the EU a smarter, greener social market

The Commission has issued a public consultation document on giving the EU economy a brighter future through the EU 2020 Strategy. EU 2020 aims to deliver greener and socially inclusive growth, as outlined by President Barroso in his Political Guidelines. The new Strategy will build on the achievements of the Lisbon Strategy, while learning its lessons. The consultation paper sets out a vision for how EU 2020 will focus on entrenching recovery from the crisis, helping to prevent a similar one in future and on three thematic objectives: creating value through knowledge; empowering people in inclusive societies; and creating a competitive, connected and greener economy. The deadline for responses to the consultation is 15 January 2010. The new Commission will then make a detailed proposal to the Spring European Council.

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Commissioner Ashton straight transatlantic talk 26-Oct-09

An American friend of my wondered if the Ashton speech you find below with the call for a „market for regulation“ was a „Yes Men“ stunt. No, apparently these were the words of the British EU-Commissioner for Trade, Baroness Ashton.

I also found her transatlantic regulatory convergence plans kind of amusing in the context of the still unresoved democratic deficit of the European Union framework. It always makes me feel a bit strange when social democrats sell out to particular business agendas because I thought their rhetorics usually ought to be more left wing than mine. I believe her speech is a great paradigm for the lack of an order-oriented economic policy agenda, which characterizes current EU trade and industrial policy and stems from the competetiveness paradigm. Ashton demonstrates how trade policy gets rid off the classical agenda of trade barrier removal and switches over to a removal of democratic sovereignty over regulatory matters, not only technical harmonisation but also legislation becomes a subject of trade talks. The 1990s sin falls of trade policy ensured pretty damaging effects on the public reputation of free trade advocacy which has little in common with the current ideology of EU and US trade policy. The recent financial crisis demostrated how weak governance under regulatory competition undermines the transnational economic order we need to establish to prevent damage for all sides.

The transatlantic economy

I have been in this job for just over a year now and I’ve been struck by how often people talk about the growing importance of Asia in world trade. It is evident that Asia’s –and particularly China’s— role in the world economy is evolving fast. But when people talk about the dawning of a “Pacific Century”, they often forget that the transatlantic relationship is still the main engine of the world economy, and by quite a long way. Consider our strengths:

Together, the EU and the US represent over half of the world’s USD 60 trillion GDP

We are each other’s most important trade and investment partners. Our trade is worth USD 643 billion in goods alone.

Total commercial exchanges across the Atlantic amount to a staggering USD 4.4 trillion annually, and more than 14 million workers on both sides depend on it. And these workers enjoy high wages and high environmental and labour standards.

Two thirds of those commercial exchanges consist of investment. And that in itself gives you a powerful sense of the depth of the relationship. We have a total stock of investment in each other’s markets worth around USD 1.5 trillion each way, with the EU’s cumulative stock accounting for around 70% of the US’s total inward investment to date. Notwithstanding the remarkable progress of Asian countries in recent years in attracting foreign investment, the value of US investment in Europe is three times larger than in all of Asia. Meanwhile, European investment in the US is 12 times the level of EU investment in China and more than 28 times the level of EU investment in India.

Many of you here will know better than I the benefits that an open and predictable trade and investment environment can deliver to businesses. Of course given the sheer size of our trade volumes it is inevitable that frictions and therefore disputes arise time to time. We should however keep this in perspective, as our trade disputes affect less than 2% of the value of our total commercial trade relationship. Inevitably, some of these disputes grab the headlines. But the simple truth is the vast majority of our trade and investment flows freely, and this is sometimes forgotten.

The high level of economic integration we have achieved makes this free flow of trade and investment possible, and our goal should be to further deepen that integration. Tariffs are not the real problem here. Although tariff peaks remain in a number of sectors, our weighted MFN tariff is around 3% and that of the US is around 2%. The major differences arise in regulatory approaches to key markets.

These are the real problems for our exporters: product licensing, risk assessment rules and divergent standards. These barriers arise because, regardless of the similarities between our economies and societies, some important differences remain which derive from different regulatory systems, and the values that underpin them. As such they are a kind of glass ceiling that prevent us from reaching the full potential of our relationship.

Dispute prevention and regulatory convergence

One of the major objectives for policy makers should be to establish an effective early warning system. Better and more effective regulatory cooperation is the way forward and will bring a double dividend: smarter regulation and more trade.

Let me explain what I mean by smarter regulation. Because of the dialogue we’re engaged in, we are forced to look again at our own regulation, to challenge the way we look at it and to evaluate whether there isn’t a smarter way of achieving the same public policy results. Just as we have a transatlantic market for goods we should have a transatlantic „market for regulation“. A solid and critical exchange about our respective approaches, and indeed some degree of competition for best practice in this area can actually help us spot the most efficient regulatory tools, which we can then share with each other.

Moreover, regulatory convergence between the EU and US would also set an example to the rest of the world. If we don’t try and find common cause on this difficult subject then others might choose their own standards and regulatory solutions, and that would lead to fragmented markets and increased costs for our businesses.

So it makes sense to promote regulatory convergence to the greatest extent possible. This requires high-level political commitment, as well as genuine engagement and cooperation by our respective regulatory agencies. I, for one, am up for that challenge – I feel that as policy-makers we should be able to get our relationship right and together tear down remaining barriers, so that businesses on both sides of the Atlantic can continue to flourish.

In order to make progress, it may be a good idea to start looking into areas where we do not yet have diverging regulations. New technology sectors – nanotechnology is a very good example — offer the greatest prospects for achieving convergence through upstream cooperation.

I am not arguing for „one size fits all“ solutions. But we need to look into each area on its merits and proceed on that basis. We need small successes to gradually build confidence in each others’ systems and regulatory approaches.

The Transatlantic Economic Council (TEC)

This is where the Transatlantic Economic Council –TEC for short— can play a key role. Under the leadership of Gunter Verheugen, working together with our American counterparts since 2007, we have achieved a formidable working partnership. Looking ahead the TEC has the potential to develop into a genuine strategic instrument focussing on dispute prevention through upstream regulatory cooperation and convergence. At the same time it must also deliver concrete results in a reasonable timeframe.

We are just about to hold the fourth TEC meeting, which will focus on how regulatory approaches can take account of innovation. The Commission looks forward to discussing these important issues with the US side, which will be led by Michael Froman.

This will be the first TEC session under the Obama Administration and we’re keen to find common ground quickly. At the same time we are conscious of the challenges facing this new Administration, both at home and abroad. The EU faces some of the same challenges, and some of our own. I greatly appreciate the regular and fruitful contacts I have with my counterpart, Ron Kirk. The USTR plays a key role in shaping the world trading system, and the world needs the U.S. to be engaged in key negotiations at this important moment for the global economy.

Working together

One of my major objectives is to try and find ways to solve „legacy“ disputes. As both Ron Kirk and I discovered, much to our initial surprise, this job comes with a lot of baggage. Fortunately I have found in Ron Kirk a formidable and business-minded counterpart who is as eager as I am to get rid of excess baggage. It was in this spirit that we reached an agreement in May on a solution to the long-standing hormone-treated beef dispute. The deal benefits both parties and encourages us to continue exploring solutions to other disputes.

But no matter how enthusiastic we are, we cannot pull rabbits out of a hat. Practices developed over many years cannot be turned around overnight. We acknowledge these limitations and we will work around them. After all, we advocate regulatory evolution, not regulatory revolution.

A consequence of this approach is that tackling regulatory barriers calls for a different style to the traditional tough, „zero-sum“ trade negotiations. The next generation of trade issues can only be solved by identifying and addressing issues upstream in the policy process, so we can find solutions that work for all.

In a nutshell that is what we do in the EU. To build the Single Market we first had to tear down barriers. That required some tough choices both inside the Commission and with our Member States, but the results go a long way in explaining why trade is seen as a positive force in the EU. I am not advocating that the US should apply for EU Membership – but our collective experience in dealing with regulatory barriers can be illuminating in the context of our bilateral relationship.

Today the EU is an open economy. We are the world’s largest importer and exporter, as well as the largest source and destination of foreign investment. Our trade-to-GDP ratio is around 27%, compared with around 24% for the US.

Naturally, trade openness can be sustainable only if it is supported by appropriate measures to help companies and workers to adapt, especially during downturns. Within the EU, social policy measures are also seen as another fundamental reason why there is broad support for open trade policy – something which has not been seriously questioned, even in this economic crisis.

As an outsider I can see that the American debate on open trade is difficult in the current economic climate. However I do know that the spirit of American enterprise remains very vigorous –not least in this room— and that trade is a key part of the economic recovery in the US, as it is in Europe. Going forward, as the US saving rate rises, output will increase and trade will become a significant contributor to the US economy.

As the world’s largest trading powers, the EU and the US have the collective weight and influence, as well as responsibility, to shape the economic agenda and show leadership. The world is looking for the US to show leadership also in the area of trade and we in Europe will not be found wanting. The stakes are high, but the time has come to show our cards.

Protectionism has become a real threat during the crisis. It’s true that the situation hasn’t got out of hand, but it still needs constant monitoring and vigilance. This monitoring exercise also includes measures that impose local content requirements or favour domestic over imported products, which may have a negative impact on trade. But I am preaching to the converted, as I know that the US Chamber of Commerce shares the concerns we have in this regard.

The Pittsburgh G20’s continued commitment to keep markets open was vital to ensure that people do not forget about the central role of trade in getting us out of the crisis. Now we must live up to these commitments if we want to speed up global recovery efforts.

Shaping the rules of globalisation

The economic downturn has hit trade badly. Last month’s forecasts from the WTO still see world trade declining by 10% this year, the sharpest contraction since the end of the Second World War. Against this background the US and Europe, as the world’s largest economies, have an opportunity to coordinate our economic policies in a more strategic manner.

The weak global economic outlook actually strengthens the arguments in favour of concluding the Doha Round of world trade talks, which would offer a boost to global growth of around USD 220 billion every year and will come at no extra cost to the hard-pressed taxpayer, at a time when stimulus measures have already strained public finances. If you believe, as I do, that trade is the engine of global growth then both America and Europe have a common interest in rooting for an early conclusion to the Doha Round as part the global recovery efforts.

On so many issues in this round, US and EU interests are aligned. We both want real market access gains, and not just by opening each other’s markets, but also those of the emerging economies. We both value the rules-based trading system the WTO provides, and the ratchet against protectionism. But despite the clear added value, there still seems to be a difference in appreciation about the benefits of what is on the table in the Doha Round. It seems to me that negotiators and politicians have to devote renewed energy over the next months to work out whether this is about perception or reality, and how to bring about a convergence of views. I’m glad that the US Chamber is among those actors in Washington who always support policies that will expand international business opportunities. I count on you to keep doing this for the Doha Round.

Last month in Delhi a key group of trade ministers, including Ron Kirk and myself, discussed the way forward for Doha. Delhi delivered agreement on a common objective to work for a 2010 conclusion, a commitment which leaders confirmed at the Pittsburgh G20 meeting.

Making progress will not be easy. And I stress that a Doha deal must be equitable for globalisation not to leave behind the poorest, especially the most vulnerable countries that have been hit hard by a crisis that is not of their making. In that sense we also have a shared responsibility to give them the prospect of being able to trade themselves out of poverty. This is not just a moral imperative. It’s also good business sense: opening our markets now fosters development and growth for our partners, but it also helps to build the export markets of the future.

Doha will also help us reach out to those larger and stronger emerging economies and give them a bigger stake in the system. For the US, and for Europe, there are market access gains in those countries. In China, real market access for industrial goods will improve by around a quarter. Overall, according to some recent estimates, US annual GDP gains based on what’s currently on the table will be in the range of USD 5.5 billion. In terms of exports, a comprehensive DDA deal will boost US agri-food exports roughly by 3% and exports of manufacturing products by more than 2%, in key markets like, the EU, China, Japan, Korea and Latin America.

Against a backdrop where trade flows are only starting to pick up again I believe Europe and America have a key role to play in providing leadership in what is still a difficult economic period.

That’s also why relationships like TEC can add value, not only by getting the various regulatory agencies involved discuss the questions that matter to our businesses and consumers, but also by articulating common solutions.

And in taking forward this work we need you, the business leaders, to be at our side identifying problems, yes, but also coming to us with creative solutions.

Thank you.

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Do, then dialogue

Commissioner Margot Wallström (4 Oct 2009):

Nobel Peace Prize laureate Wangari Maathai has said that „Until you dig a hole, plant a tree, water it and make it survive, you haven’t done a thing. You are just talking.“ We all know this is a common and necessary phenomenon in politics. But together we have both dug and planted and watered. Now it’s a question of
nurturing and cultivating. And we actually do that by talking. Or, perhaps I should say, by having a dialogue.

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EXPRESS Standard „Experts“ of DG Enterprise

A colleagiate of 31 „experts“ managed to write a report for the EU Commission about standard policy but did not touch the most crucial order political issues. How was this „expert group“ set up:

In its recent Communication on standardisation and innovation 6, the Commission has committed to develop, in close co-operation with private and public stakeholders strategic recommendations for the coming decade. The Council in its Conclusions on standardisation and innovation of 25 September has supported this proposal 7. Therefore the Commission envisages setting up, after discussion with the Senior Officials’ Group on Standardisation and Conformity Assessment Policy (SOGS), such an independent Expert Panel. The Commission will keep SOGS, and the European industries’ federations that are most concerned, periodically informed of the discussions and exchanges of the Panel.

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Seveso II Consultation

Seveso stands for an 1976 chemical accident in Italy which prompted the adoption of legislation aimed at the prevention and control of Chemical accidents. In 1982, the first Saveso Directive 82/501/EEC was adopted. On 9 December 1996, the Seveso Directive was replaced by Council Directive 96/82/EC „Seveso II“ Directive. Now the Directive is under review.

A stakeholder consultation meeting to give interested consumer, environmental and industry organisations an opportunity to learn more about the review process and to give their views is planned for Tuesday, 10th November 2009, from 10 a.m. to around 5 p.m. in the Committee of the Regions, Bâtiment Jacques Delors, Rue Belliard 99-101, B1040,, 1040 Brussels. For those organisations wishing top participate, pre-registration is necessary – please see invitation and agenda for more details.

http://ec.europa.eu/environment/seveso/index.htm

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Kreative Buchhaltung beim EPA?

Im Europäischen Patentamt unterliegen die Patentprüfer nicht nur hervorragender Bezahlung, sie sind auch gewissen strengen  Amtspflichten unterworfen. Deshalb besteht die merkwürdige Konstruktion, dass die Prüfergewerkschaft SUEPO nur durch ihre externe Pressesprecherin öffentlich kommunizieren darf. Anders als bei anderen Mitarbeitervertretungen liegt der Schwerpunkt der Interessenvertretung der Patentprüfer nicht auf besserer Bezahlung, sondern einer qualitätsvolleren Arbeit der Institution.

Nun schickt die Pressesprecherin eine Mitteilung herum, die Behauptungen der Präsidiums über finanzielle Engpässe auf die verwendeten Buchhaltungsstandards zurückführt, und die Bewertung von den zu erwartenden Jahresgebühren von Erteilungen.  In der ökonomischen Literatur gilt es ohnehin als problematisch, Patenterteilung als „Profitcenter“ zu betrachten. Das wäre ganz so, als finanzierte sich die Polizeiarbeit aus den Einnahmen der Geschwindigkeitskontrollen. Warum redet also Präsidentin Alison Brimelow das finanzielle Ergebnis ihrer Institution eher schlecht? Was könnten die Anreize für eine wünschenswerte Unterbewertung der wirtschaftlichen Lage sein? Es könnte ein schwelender Streit mit den Mitgliedern des Verwaltungsrates über die Teilung der Einnahmen sein. Für das EU-Gemeinschaftspatent (falls es denn jemals kommen sollte) wollen die nationalen Patentämter z.B. 50% der Gebühren haben, auch wenn sie gar keine Arbeit beitragen.

Pressemitteilung 9.10.2009 Es gibt keine Finanzkrise beim EPA (Europäischen Patentamt)

Die Gewerkschaft des EPA fordert einen Wechsel der Bilanzierungs-Standards

(München, 9.10.2009) Während der Tagung des Finanzausschusses des EPA vom 6. bis 8. Oktober in München stellte die Internationale Gewerkschaft des EPA (SUEPO) die Bilanzierungsstandards des EPA in Frage. Gegenwärtig wird beim EPA mit IFRS (International Financial Reporting Standards) bilanziert.

Die SUEPO vertritt die Meinung: Die Finanzkrise beim EPA existiert nicht, sie besteht nur, weil zur Bilanzierung IFRS angewandt wird. Hauptkritikpunkt der SUEPO: Bei IFRS werden die in Zukunft zu erwartenden Jahresgebühren aus bereits heute erteilten Patenten nur als „Vermerk“ berücksichtigt.

Die dringende Bitte der Gewerkschaft, die Bilanzierungsstandards beim EPA von IFRS auf IPSAS (International Public Sector Accounting Standards) umzustellen, wird von dem Gutachten von Professor Andreas Bergmann von der Zürcher Hochschule für angewandte Wissenschaften, School of Management and Law, unterstützt. Dort heißt es unter anderem: „ … the EPO would profit from the specific public sector solution of IPSAS…. the transition from IFRS to IPSAS should not be too demanding or resource consuming.“ The IPSASs are designed to apply to the general purpose financial statements of all public sector entities.

So wird IPSAS zum Beispiel von Internationalen Organisationen, wie den Vereinten Nationen, der NATO, WIPO oder der OECD genutzt.

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Fragebogen der EU zur post-i2010 Strategie

Die EU-Kommission führt bis zum 9. Oktober eine umfangreiche Konsultation zur post-i2010 Strategie online durch.

Dabei geht es zum Beispiel um Themen wie einer Reduzierung des Energiebedarfs (low carbon economy)  im IT-Bereich, Netzneutralität, Offenheit, Internetzugang, ePartizipation, Förderungsansätze für IKT-Technologien und den Beitrag der Informationstechnik zu der Alterung der Gesellschaft. Ich hatte den Eindruck, dass die Beantwortung der Fragen auch sehr fruchtbare eigene Gedanken über die Zukunft der Informationssysteme in Europa anregt. Die Fragen deuten an, wohin bei der EU demnächst strategisch der Kurs geht.

Diese Informationsseite liegt leider nur in der englischen Amtssprache vor. Am besten gleich zum Formular! Vor dem Ausfüllen sollte man allerdings mit dem Auswahlfeld in der Ecke rechts oben auf die Sprache „Deutsch“ umstellen. Danach empfiehlt sich auf „Anzeigemodus ändern“ zu klicken; dann hat man alles auf einer Seite, das umgeht gewisse technische Macken des Formularsystems.

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Redhat broadens arguments in Bilski case at the US Supreme Court.

Not related to Europe but certainly with effect on transatlantic patent law development, the great Bilski review at the U.S. Supreme Court. Attention is currently on the Amicus process. Groklaw with an enthusiastic review of the Amicus letter from RedHat:

„I have exciting news for you. Red Hat has just filed its brief in Bilski, and it’s saying things you certainly have been hoping someone would express to the Supreme Court. For one thing, they explain the tech, how programs are algorithms, and thus they should not be patentable. The brief asks the Supreme Court to adopt the lower court’s machine-or-transformation test, but also –yay! — to exclude software from patentability!“

With some others I am also busy to finalise an Amicus submission to the Supreme Court. The legal review of the Supreme Court is on the Machine-or-Transformation test which was endorsed by the Court of Appeal of the Federal Circuit (CAFC), the specialised patent court in the United States. It is said to put limits on patentability of business methods in the United States, the point where the German Kaiser’s patent legislators invented their set of technology criteria to draw a line to preserve freedom of business, commercial activities and entrepreneurship.

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Venice patent judges afraid of ECJ

The European Patent Office lobbied the European patent judges to grant the Munich interests a voice. It is better known as „Venice declaration“, „venice judges“. An earlier proposal for an EU patent court in Luxembourg was stifled. The goal of the EPO and the judges back then and now is to cripple a review of their legal interpretation by the European Court of Justice. From the EPLA-ULPS survey:

„It has therefore been requested that the ECJ should only be involved if the Court of Appeal files a reference for preliminary ruling under Art. 234 of the EC Treaty whenever European Community law is an issue. In the discussion in Venice it has also been suggested to include into the draft paper an express clause which would make it clear that substantive patent law as far it is contained in the EPC, but also as far it is contained in the Community Patent Regulation (e.g. the rules on infringement and rights of the patent owner, patentability and scope of protection) should not be the subject of preliminary rulings by the ECJ.“

This is unsatisfactory in particular as a Community patent would be a „European patent“ (granted under the EPC). For the EPC there is currenly absolutely no way to appeal at a supranational court. In other words the EPC would be both shielded against the EU legislator and the EU high court, thus the new EU patent court could make effective substantive patent law for the whole of the EU without any checks and balances.

The undue partisan intervention of administration and judges which does not suit the dignity of their office is an expression why an ECJ review would be important. Right now the ECJ reviews the patent court plans, and you can hardly expect the ECJ to yield its powers voluntarily.s

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