The View from Brussels: The EU embraces Industrial Policy

In the past industrial policy was a matter for the EU Member States.  Indeed Article 6, of the Treaty on the Functioning of the European Union (“TFEU”) lists industrial policy as an area where the Union may only “support, coordinate or supplement the actions of the Member States” in the same way as for health … Read more

CBAM starts to apply

The EU’s ambitious and innovative Carbon Border Adjustment Mechanism (“CBAM”) was finally adopted as part of a package of other “Fit for 55” climate actions on 10 May 2023.  A first Implementing Regulation of over 100 pages was adopted on 17 August 2023 together with over 350 pages of initial guidance. CBAM is an ingenious … Read more

EU moves towards outbound investment controls: a geopolitical European Commission shifts gear

Introduction The European Commission has become extremely active in creating new instruments to deal with actual and impending geopolitical challenges and threats. We have previously commented on the adoption of various measures including the Foreign Subsidies Regulation, the FDI Screening Regulation, the Carbon Border Adjustment Mechanism, the Anti-Coercion Mechanism, the Critical Raw Materials Act and … Read more

The EU Anti Economic Coercion Regulation – A New Addition to the EU’s Toolbox

The increasingly fractious geopolitical environment and a loss of faith in international adjudication has led the EU to develop a more “autonomous” approach in order defend and assert itself on the international scene.  During the legislative process for the amendment of the EU Trade Enforcement Regulation for the purpose of allowing the EU to act … Read more

EU Foreign Subsidies Regulation – Implementing Regulation and Notification Forms Adopted

The European Commission has now adopted its long-awaited Implementing Regulation in relation to the EU’s new Foreign Subsidies Regulation (“FSR”).  The Implementing Regulation includes the notification forms setting out what information must be provided in relation to concentrations and public procurements.  The information requirements have been reduced considerably compared to the drafts published earlier this … Read more

Prohibiting Trade in Forced Labour Goods in the EU

Background On 14 September 2022, the European Commission issued a proposal for a Regulation of the European Parliament and of the Council “on prohibiting products made with forced labour on the Union market” (“Forced Labour Regulation“). The proposal will follow the ordinary legislative procedure in which the European Parliament and the Council of the EU … Read more

Preparing for CBAM

Introduction As the climate crisis intensifies and the severity of measures to reduce emissions in the EU increases, the problem of “carbon leakage” whereby the carbon intensive aspects of production move out of the EU has been subject to ever more urgent calls to “level the playing field”. As a result, the EU is introducing … Read more