European Union

Source : © European Union, 2015 - EP

Panasonic Corp. and MT Picture Display Co. Ltd v Commission
Competition
The General Court reduces the fines imposed by the Commission on Panasonic and on Toshiba for their participation in a cartel on the European market for tubes for television sets

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The EU has been working with the Palestinian Authority to build up the institutions of a future democratic, independent and viable Palestinian State living side by side with Israel and its neighbours.

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When it comes to security in the Asia-Pacific, China’s strategic rise is often the first thing that comes to mind. But Japan’s changing security role both in the region and internationally is also of great significance.

Urawa Zero_CC BY 2.0

On 16 July 2015, the lower house of the Japanese Diet approved two bills that pledge to bring about the most substantial shift in Japanese security policy since the end of the Second World War. One of the bills eases current restrictions on the Japanese Self Defense Forces (JSDF) in so-called collective self-defense contingencies; the other promises to make it easier for the JSDF to engage in international peacekeeping.

This legislative package, backed by Prime Minister Abe, will continue to be debated by Japanese lawmakers until mid-September, as it requires the approval of the Diet’s upper house. Even if the bills become law, the JSDF will continue to be constrained by important legal caveats, owing to Japan’s pacifist constitution.

When it comes to collective self-defense, the JSDF would only be able to use force in response to a third party attack against an ally (e.g. the US) if that ally is performing duties deemed to be essential to Japan’s own survival. With regard to international peacekeeping, while the new legislation expands the remit of supportive functions the JSDF can play, their engagement will remain contingent upon UN approval – and armed combat will continue to be off limits. Those caveats notwithstanding, the proposed bills are an important boost to Prime Minister Abe’s plans to turn Japan into a more “normal” country in terms of its defense policy, and increase the country’s contribution to international security.

Perhaps most importantly, the proposed security legislation is likely to invigorate the US-Japan Alliance. The timing could hardly be better, given mounting strategic tensions in the Asia-Pacific, a region where Japan and the US see pretty much eye to eye. One key concern for Tokyo and Washington is the growing nuclear and missile threat posed by the Democratic People’s Republic of Korea (DPRK). This has led to increased US-Japan cooperation on Ballistic Missile Defense (BMD) in recent years.

More broadly, the US and Japan worry about China’s military rise, and ongoing efforts to strengthen its position in the East and South China Seas. A more specific concern for the US-Japan alliance is China’s development of so-called Anti Access Area Denial (A2/AD) capabilities, by way of an expanding fleet of cruise and ballistic missiles, attack submarines and offensive cyber-weapons. These capabilities pose a risk to US naval assets in the Western Pacific, but also threaten the security of US military bases in Japan, which constitute the cornerstone of US force  and defense strategy in the Asia-Pacific region. In this regard, the recently revised US-Japan defense guidelines mention the Alliance’s need to address China’s A2/AD challenge, and call for greater US-Japan coordination in areas such as Intelligence, Surveillance and Reconnaissance, BMD, undersea warfare or cyber-security.

Moreover, Tokyo and Washington have recently decided to expand the geographical scope of their military cooperation. The old US-Japan defense guidelines, dating from 1997, allowed the JSDF to provide “rear area support” to US forces in “situations in areas surrounding Japan” (SIAS-J) – generally understood as relating to the Korean peninsula. However, the 2015 guidelines have removed the SIAS-J clause, to allow greater operational flexibility, and emphasize the “global” nature of the Alliance. This, for instance, will make it easier for the JSDF to engage in patrols over the South China Sea, where China’s construction of artificial islands has led to heightened tensions with surrounding countries. This would represent a boost to Abe’s efforts to expand Japan’s diplomatic and strategic ties in South East Asia. Vietnam and the Philippines stand out in this regard, in that they have both repeatedly called for greater Japanese engagement in South East Asia.

In addition, the prospect of easing restrictions on the JSDF would clear the way for a more meaningful strategic relationship with Australia and India, both bilaterally and in the framework of the Quadrilateral Security Dialogue (QUAD), which also includes the United States. This, in turn, would help consolidate Japan’s position in the broader Indo-Pacific maritime corridor – a geographical space that is key to its energy security and economic prosperity.

As far as the EU is concerned, the promise of a more “normal” Japan also opens up a number of opportunities. In the context of their broader negotiations of a Free Trade Agreement and a Strategic Partnership Agreement, the EU and Japan are currently discussing a framework agreement that would allow Tokyo to participate in EU-led military (and civilian) operations. So far, existing legal restrictions on JSDF deployments overseas have constituted an obstacle to the negotiations – albeit one that might well be removed soon. In fact, the EU could prove to be an ideal partner for Japan to take its first peacekeeping steps as a more “normal” country – given its emphasis on transnational threats and low-intensity, policing operations, as well as the UN-friendly nature of its engagements.

The Indian Ocean is the most obvious target for EU-Japan security cooperation. That ocean straddles the Euro-Mediterranean Basin and the Asia-Pacific geopolitically, and is therefore of vital economic and strategic importance to both the EU and Japan. In fact, Japan is already contributing to global maritime security in the western Indian Ocean, through its participation in UN-sanctioned Combined Task Force 151, aimed at fighting piracy in the Gulf of Aden. Easing restrictions on the JSDF is likely to spur greater activity across the Indian Ocean.

Increasing Japanese involvement in the EU’s own anti-piracy operation off the coast of Somalia could represent a stepping-stone for EU-Japan cooperation at the operational level. Eventually, however, such cooperation should expand beyond the Gulf of Aden to cover other areas of the Indian Ocean. The strait of Malacca and the broader South East Asian maritime space stand out in this regard, given their vulnerability to piracy, their strategic importance to Japan – and the EU’s increasing interest in the area.

Luis Simón is associate fellow at FRIDE

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Donald TUSK, President of the European Counci, visits Israel to discuss how EU can help to stabilise the region and move forward with the Middle East Peace process. The management of the migration crisis is also on the agenda.

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Ferreira da Silva e Brito and Others
SOPO
The Portuguese State will have to pay compensation to the employees of TAP’s former subsidiary, Air Atlantis

Location : Brussels JAN 2Q2, 09.00-13.00, and Brussels ASP A1G3, 15.00-17.00
Further information
Draft Programme
Source : © European Union, 2015 - EP

AMENDMENTS 1 - 50 - Draft opinion Towards a European Energy Union
Committee on Foreign Affairs

Source : © European Union, 2015 - EP

This is the “last chance” Commission…

This dramatic statement was pronounced by Jean-Claude Juncker in October 2014 to Members of the European Parliament in Strasbourg, during his formal presentation of the College of Commissioners and their proposed 2016-2020 programme.

Juncker to deliver his first ever SOTEU!

On Wednesday 9 September, Jean-Claude Juncker will head back into the Strasbourg hemicycle for his first ever speech on the so-called State of the European Union (or SOTEU). Although not as eagerly expected by citizens and the media as the original USA version, the SOTEU address has become a major milestone in EU politics since it was first launched by former President Barroso in 2008.

As the SOTEU traditionally addresses the EU’s key challenges and provides an opportunity to introduce major policy initiatives, President Juncker is expected to present his main accomplishments from his first year at the helm of the European Commission, as well as lay out his vision to address the burning issues that the EU is currently facing.

In front of him will sit a full parliament of Members who have shown signs of dissatisfaction with their once favourite candidate, their “spitzenkandidat”. Juncker indeed secured his appointment in large part thanks to the support of the European Parliament. A year later, after mostly focusing on Council matters such as Greece and the migration crisis, some might say that the European Parliament has been left in a vacuum with too little legislative work to do. To soften critics, Juncker will have to deliver a balanced speech, calling on all institutions to cooperate for the sake of the future of the EU.

FH Stethoscopes and tweezers to the ready – It’s time to play ‘Operation Europe’

The EU seems in no better shape than last year, and Juncker will need to convincingly perform a series of highly delicate operations to heal the life-threatening conditions Europe is currently fighting, including internal disorder, existing EU weaknesses and international conditions:

• The first year of the Juncker team in office has resulted in a sharp decrease in legislative files, most notably in areas such as sustainability and environmental issues, where the EU traditionally leads the way. Looking at the 2016 European Commission Work Programme, what’s at the forefront of Juncker’s thinking?
• Jobs and growth are the backbone of Juncker’s mandate. Will he use the speech to confirm that his Investment Plan has delivered on its promises, and has boosted Europe’s growth and created jobs? Although recent figures show that unemployment in the euro area is at its lowest since February 2012, is this trend looking set to continue, or will Juncker need to intervene further in order to succeed?
• Through his vision of a more dynamic and effective institution, Juncker has turned the European Commission into a very political animal. But does the European Commission have broad enough shoulders to deliver on its President’s promises?
• Juncker had already identified the “scores of immigrants” arriving at the gates of Europe as a major challenge. Recently calling for “collective courage”, Juncker is expected to present a new proposal that addresses the migration crisis, to show that Europe still has a heart and is willing to help those seeking a better life.
• As opponents continue to vilify TTIP, Juncker will need a lot of elbow grease to progress on negotiations and ensure that the EU remains a competitive trade partner globally.
• The Greek crisis is probably one of the only achievements of this Commission thus far. Although the euro zone Member States have been slapped on the wrist for allowing Greece into the euro zone in the first place and lost credibility for endless “absolute final last possible chance before ultimate and irrevocable catastrophe Councils” to avoid a ‘Grexit’, it seems Juncker’s former role as President of the Eurogroup has paid off in so far avoiding a ‘Grexit’. However, as the Greek crisis is far from being resolved, how will Juncker address the issue moving forward?
• The European Union will rise and speak as one at the Paris Climate conference (COP21) next November. Criticisms concerning the low level of ambition for the conference are increasing, as are fears that COP21 will fail. If the EU wants to breathe life into the climate change debate, courageous proposals need to be made.
• Recent attacks on European soil and the rise of ISIS in the Middle-East have led Juncker to propose reinforced cooperation mechanisms to protect European citizens. Will the European Commission manage to convince EU Member States to have the stomach to work together?
• Juncker is not expected to go into the details of specific EU policies, however the promises of an EU Digital Single Market (DSM) regarding jobs and growth are too important not to mention. DSM and Juncker’s future legacy are joined at the hip.
• The EU cannot be navel-gazing and has to play a central role in international foreign affairs. From the Chinese economic slowdown to the Russian-Ukrainian conflict, Juncker will have to keep Europe from falling on its knees.
• President Juncker is unlikely to voluntarily touch upon Brexit, which feels like the sprained ankle of the EU… very painful and capable of making us fall any minute. However far right Members of the European Parliament might push Juncker on the issue, aiming to show once again that the EU is on the brink of toppling over.

The SOTEU address will give us a sense of the current mood within the European Commission and the European Parliament, as well as an understanding of what Juncker deems his main achievements are so far.

We will closely watch Dr. Juncker perform all these sensitive operations, following the live debate from the EP and online and will regularly take the pulse of our European patient. Follow us on Twitter (@fleishmanEU) to find out how Dr. Juncker is doing fixing patient Europe!

The Institutional Research Unit

Plenary sessions : Migrants who make it to Europe are setting it an historic test. Hundreds of thousands look to it for protection from war and persecution. The right response to this global challenge is not walls or deterrence, national selfishness or national measures, but a common asylum and refugee policy, President Schulz urged in his opening address. Plans for sharing asylum seekers among EU countries will be presented to Parliament on Wednesday by Commission President Juncker, he added.

Source : © European Union, 2015 - EP

Plenary sessions : Migrants who make it to Europe are setting it an historic test. Hundreds of thousands look to it for protection from war and persecution. The right response to this global challenge is not walls or deterrence, national selfishness or national measures, but a common asylum and refugee policy, President Schulz urged in his opening address. Plans for sharing asylum seekers among EU countries will be presented to Parliament on Wednesday by Commission President Juncker, he added.

Source : © European Union, 2015 - EP

What a difference a summer makes. Only last June the Evening Standard’s front page lauded that Britain’s support for continued membership of the European Union was the highest ever. Yesterday, the Mail on Sunday’s front page turned that around, with a poll showing that for the first time most British people want to quit the EU.

The Mail cited the ‘migrant crisis engulfing the continent’ as a major reason for Britain’s change of direction on the contentious EU in/out issue. According to this latest poll, if a referendum was to be held tomorrow on whether Britain should remain a member of the EU, 51% of people would vote, ‘No’.

It means that the nation is pretty much split down the middle. Not ‘one nation’ as the new Conservative government promised the country, but clearly two nations almost exactly evenly divided on whether Britain’s future should be in the European Union or not.

In last June’s poll by Ipso Mori, 75% of British people were in favour of Britain’s continued membership of the EU, with only 25% wanting to leave. The poll meant that support for the EU was at its highest at the beginning of the summer since the European Community was renamed the European Union in 1993.

The Independent newspaper commentated then, “The latest poll will alarm Eurosceptic campaigners as the Government raises the prospect of an early EU referendum.”

Now, as the summer draws to a close, it’s the turn of pro-EU campaigners to feel alarmed. In the latest poll, by pollsters Survation, the gap between those who want to stay in the EU and those who want to leave has dramatically narrowed from 75/25 in favour to 51/49 against. The poll also revealed that if the “current migration crisis gets worse”, 22% in the ‘Yes’ to European camp might switch sides.

Commented today’s Mail on the latest poll, “Significantly, it is the first measure of public opinion since the Government changed the wording of the referendum question, lending weight to the claims that the new phrasing boosts the chances of victory for the Out campaign.”

Last May the new Conservative government announced that the referendum question would be, “Should the United Kingdom remain a member of the European Union?”

But following advice from the UK’s Electoral Commission, the referendum question is now going to be amended to, “Should the United Kingdom remain a member of the European Union or leave the European Union?” It means that instead of a ‘Yes’ or ‘No’ answer, voters will be asked to answer ‘remain’ or ‘leave’.

The Survation poll was the first one which gauged the public’s opinion in response to the new referendum question.

It’s thought likely that the referendum will be held this time next year, and since the mood of the nation has changed so dramatically over the summer, it might yet change again in the space of twelve months. So both the ‘remain’ and ‘leave’ campaigners have all to play for. It’s likely to be one of the most hotly contested political campaigns in living memory.

Leaving the European Union is a right of every member; no country was forced to join the European Union and all members are free to leave. The rules of leaving are set out in the Treaty of European Union Article 50.

If Britain does decide to leave the European Union, it will be the first time that a member state will have left, although in 1975 Greenland left by default when it won independence from Community member Denmark. In a subsequent referendum, Greenland voted against membership.

Britain’s departure wouldn’t happen overnight as there would be a period of ‘exit’ negotiations which could take up to two years, although commentators believe that there would be many more years of uncertainty on a wide range of issues.

For example, what would be the status of EU migrants living in Britain and British migrants living across the EU? There have been plenty of suggestions, but nobody yet can know for sure because negotiations to leave haven’t taken place.

Also, Britain’s trade agreements that are currently ‘legislated through the European Union would have to be individually re-negotiated with each of the world’s countries. Regarding ‘free trade’ that Britain currently enjoys with the rest of the EU, in theory that would be lost upon leaving the EU and we may be back to customs duties and import/export tariffs.

UK Prime Minister, David Cameron, is currently negotiating with other EU heads of states to agree changes to Britain’s membership of the EU, including a proposal to curtail ‘free movement of people’, a core tenet of the EU that gives all EU citizens the right to live, work, study or retire in any other EU or EEA state.

Today the Mail reported that relations between Mr Cameron and Chancellor of Germany, Angela Merkel, were not exactly getting closer. According to a new book being serialised by the paper, ‘Cameron at 10’ by Anthony Seldon and Peter Snowdon, Merkel accused Cameron at a private dinner at 10 Downing Street of being ‘too forceful’ in demanding concessions from the rest of the EU.

She is reported to have told the Prime Minister that was why, “we all hate you and isolate you”. Mr Cameron was reported to have responded, “I could walk away from the EU.”

With probably a year to go before the referendum, both the ‘remain’ and ‘leave’ campaigns are limbering up for a blistering, all-out fight. The referendum is likely to be the defining moment for all those allowed to vote – which will not include most citizens here from the rest of the EU, but will include citizens with leave-to-remain in the UK from Britain’s ex colonies. The outcome of the referendum will affect the country’s future for decades or maybe hundreds of years to come.

Unless something dramatically occurs to change my mind by the day of the referendum, I will be voting for Britain to ‘remain’ in the European Union.

But I do think it’s important that both sides of the argument are carefully listened to. The issue is too important for anybody to answer the question, “should we stay or should we go?” without careful consideration of all the implications.

Other articles by Jon Danzig:

• The value of being citizens of Europe
• The referendum – who can and can’t vote?
• We should stay in the EU says Virgin boss

To receive regular updates on this and other ongoing stories, please click the ‘Like’ button on my new Facebook page: Jon Danzig Writes

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