ONLY GLOBALLY YOU SOLVE A GLOBAL CRISIS
Even a big country as USA will be wiped out if they will not decide now to act in close cooperation with the other States of the international community
States who are trying to take advantage of this whole situation are just jackals.
By refusing to comply with the temporary mechanism for the relocation of applicants for international protection, Poland, Hungary and the Czech Republic have failed to fulfil their obligations under European Union law.
Court of Justice of the European Union
Luxembourg, 2 April 2020
Judgment in Joined Cases C-715/17, C-718/17 and C-719/17 Press and Information Commission v Poland, Hungary and the Czech Republic
Faced with the COVID-19 pandemic, Georgia, Latvia, Romania, Moldova, Armenia, and Estonia have activated Article 15 of the European Convention on Human Rights.
L’epidemia, la crisi economica e lo stallo europeo: l’Unione europea alla prova decisiva della solidarietà
Newly declared states of emergency must include a time limit and parliamentary oversight, OSCE human rights head says
WARSAW, 30 March 2020 – Emergency legislation being adopted by governments across the OSCE region must include a time limit and guarantee parliamentary oversight, said the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) ahead of a vote in Hungary to extend emergency measures earlier adopted in the EU member state. ODIHR is systematically monitoring the content and consequences of the states of emergency being declared in response to the COVID-19 pandemic.
Holding Carisma: EMERGENZA SANITARIA COVID – RIFLESSIONI SU EMERGENZA SANITARIA, ECONOMICA E VALORIALE
14 Schengen countries have notified the European Commission of the reintroduction of border controls due to threats related to the spread of COVID-19:
Belgium, Czechia, Denmark, Germany, Estonia, Spain, Lithuania, Hungary, Austria, Poland, Portugal, Finland, Switzerland and Norway.
A number of other Schengen countries have introduced restrictions on movement of persons that affect internal borders, such as temporary bans on non-essential travel:
France, Italy, Latvia, Malta, the Netherlands, Slovakia, and Slovenia.
The United States faces drug and medical supply scarcities due to disrupted supply chains and increased demand.
In response, the President may exercise emergency authorities under the Defense Production Act of 1950 to address supply shortages and economic development impacts.
During a press conference on March 18, 2020, the President indicated that he would invoke the DPA to address domestic essential goods and materials shortages caused by the pandemic.
DECISION (EU) 2020/440 OF THE EUROPEAN CENTRAL BANK of 24 March 2020 (ECB/2020/17) on a temporary pandemic emergency purchase programme
Purchases shall be carried out under the PEPP to the extent deemed necessary and proportionate to counter the threats posed by the extraordinary economic and market conditions on the ability of the Eurosystem to fulfil its mandate. In order to enable the effectiveness of this exceptional decision, the consolidation of holdings under Article 5 of Decision (EU) 2020/188 (ECB/2020/9) shall not apply to PEPP holdings.
The corona crisis has led governments to take extraordinary budgetary measures to avoid an implosion of the economy. This is likely to lead to permanent increases in government debt levels. The most severely hit countries face the legacy of unsustainable debt levels that will trigger new sovereign debt crises in the future. The first best solution would be to issue Corona (Euro)bonds that aim at spreading the cost of the crisis over all member countries. If that is not possible, the ECB should step in and monetise the Corona-induced government debt. As for the legal implications: “Salus populi suprema lex”.
This debate will be held online and will be followed by a Q&A session via ZOOM.us.
Instructions: This webinar will be hosted by CEPS on ZOOM.us. To join, simply click on the following link when the event starts: https://zoom.us/j/284787017. You will be able to ask questions using the Q&A option in ZOOM. If you have any questions, please email firstname.lastname@example.org.
Paul de Grauwe (LSE and KUL)
Daniel Gros (CEPS and Berkeley)
Date: 26.03.2020, Thursday
Time: 14:00 – 15:00
Webinar link: https://zoom.us/j/284787017
Invites Public Comments to Identify Additional Products Potentially Helpful to U.S. Response
Washington, DC – Throughout the process of administering its Section 301 action to combat China’s acts, policies and practices related to technology transfer, intellectual property, and innovation, the United States has prioritized health considerations, and it is taking additional action for that objective today.
In imposing tariffs on goods from China as part of the Section 301 action, the United States determined to not impose tariffs on certain critical products such as ventilators, oxygen masks, and nubilators. In addition, over the past year, USTR granted exclusions for a large number of health-related products. Notably, the imposition of tariffs on certain Chinese imports has not resulted in an overall decline in the availability of needed medical equipment and supplies. In fact, U.S. imports in 2019 of all critical medical and pharmaceutical products were up over 20 percent since 2017, before Section 301 tariffs were imposed.
Prior to the coronavirus outbreak, USTR and the Department of Health and Human Services worked together to ensure that critical medicines and other essential medical products were not subject to additional Section 301 tariffs, including parts needed for MRI devices, combined PET/CT scanners, certain radiation therapy equipment, air purification equipment, and parts of homecare beds; sterile electrosurgical tools; digital clinical thermometers; and more.
Today, in an effort to keep current on developments in our national fight against the coronavirus pandemic, USTR has opened a docket for members of the public, businesses, and government agencies to submit comments if they believe further modifications to the 301 tariffs may be necessary. This comment process does not replace the current exclusion process and supplements that process. Submissions are limited to comments on products subject to the tariff actions and relevant to the medical response to the coronavirus.
Bachelet calls for easing of sanctions to enable medical systems to fight COVID-19 and limit global contagion
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GENEVA (24 March 2020) – Broad sectoral sanctions should urgently be re-evaluated in countries facing the coronavirus pandemic, in light of their potentially debilitating impact on the health sector and human rights, UN High Commissioner for Human Rights Michelle Bachelet said Tuesday.
“It is vital to avoid the collapse of any country’s medical system – given the explosive impact that will have on death, suffering and wider contagion,” Bachelet said. “At this crucial time, both for global public health reasons, and to support the rights and lives of millions of people in these countries, sectoral sanctions should be eased or suspended. In a context of global pandemic, impeding medical efforts in one country heightens the risk for all of us.”
The Commission today proposes the activation of the general escape clause of the Stability and Growth Pact (SGP)
The Commission today proposes the activation of the general escape clause of the Stability and Growth Pact (SGP) as part of its strategy to respond quickly, forcefully and in a coordinated manner to the coronavirus pandemic
Today, the European Commission has decided to create a strategic rescEU stockpile of medical equipment such as ventilators and protective masks to help EU countries in the context of the COVID-19 pandemic.
President Ursula von der Leyen said: “With the first ever common European reserve of emergency medical equipment we put EU solidarity into action. It will benefit all our Member States and all our citizens. Helping one another is the only way forward.”
Medical equipment part of the stockpile will include items such as:
intensive care medical equipment such as ventilators,
personal protective equipment such as reusable masks,
vaccines and therapeutics,
State aid: Commission adopts Temporary Framework to enable Member States to further support the economy in the COVID-19 outbreak
On 13 March 2020, the European Commission adopted a legislative proposal to amend Regulation 95/93 on common rules for the allocation of slots at EU airports. The proposal responds to the rapid spread of cases of Covid-19, caused by a novel coronavirus, that has led to a substantial drop in the number of flights and forward bookings. It seeks to support airlines by temporarily suspending slot usage rules.
The Schengen Code lays down the common rules governing the management of internal and external EU borders, including rules and procedures concerning the exceptional introduction of border checks at internal borders.
There are three cases in which Member States can introduce temporary border checks at their internal borders on grounds of a serious threat to public policy or internal security:
(1) in the case of a foreseeable threat (e.g. a special event such as a sporting competition);
(2) in the case of an immediate threat; and
(3) in the situation of persistent serious deficiencies relating to external borders.
Foreseeable threat to public policy or internal security
According to Article 25 of the Schengen Code, a Member State can reintroduce exceptional border controls at all or specific parts of its internal borders if there is a serious threat to public policy or internal security. Any such measures should be exceptional, temporary and proportionate. If the serious threat to public policy or internal security in the Member State concerned persists, the period can be prolonged by renewable periods of 30 days, up to a maximum six months. The Member State concerned must notify the Commission and the other Member States at least four weeks before taking action, unless the circumstances giving rise to the measures arise within a shorter timeframe. The notification must specify the reasons, scope and duration of the measures. The information must also be submitted to the European Parliament and the Council. The Commission is supposed to issue an opinion after consulting the other Member States.
Immediate threat to public policy or internal security
Under Article 28 of the Code, a Member State can introduce immediate border controls at internal borders if there is a serious threat to public policy or internal security. This measure must be exceptional and is to be limited to up to ten days. If the serious threat to public policy or internal security persists, the period may be prolonged by renewable periods of 20 days, up to maximum of two months. The Member State concerned must notify the Commission and the other Member States immediately, providing information about the reasons, scope and duration of the measures. The Commission must inform the European Parliament immediately and, after consulting the other Member States, should issue an opinion.
Persistent serious deficiencies relating to external border control
Under Article 29 of the Code, a Member State may introduce temporary border checks at internal borders when there are persistent serious deficiencies in the external border management of a Member State, as demonstrated during a Schengen evaluation. This period could be prolonged up to three times if the exceptional circumstances persist, up to a limit of maximum two years.
I hereby arrange in agreement with the Federal Foreign Office and the Federal Ministry of Finance on the basis of Section 6 subsection 1 sentence 1 in conjunction with Section 4 subsection 1 number 5 of the Foreign Trade and Payments Act (AWG) in conjunction with Section 49 subsection 1 of the Administrative Procedure Act :
The order of March 12, 2020 (BAnz AT 12.03.2020 B1), which was issued on the basis of Section 6 subsection 1 sentence 1 in conjunction with Section 4 subsection 1 number 5 and Section 13 subsection 2 number 2 letter a AWG canceled.
This decision is hereby publicly announced in accordance with Section 6 (1a) AWG and comes into force with this publication.
The European Commission adopted Implementing Regulation (EU) 2020/402 on March 15, 2020. The purpose of this measure is to make exports from the internal market to third countries subject to approval, given the considerable bottleneck situation in Europe in the supply of medical protective equipment. This also fulfills an essential purpose of this arrangement. Against this background and in view of an EU-wide approach, the order of March 12, 2020 will now be repealed.
The Federal Government reserves the right to regularly evaluate the situation, both with regard to further developments in the internal market and with regard to the necessary EU-wide uniform handling when approving exports to third countries based on the Implementing Regulation (EU) 2020 / 402. The evaluation also needs to take into account the ability of Member States to meet essential domestic needs. On the basis of this evaluation, a reorganization in accordance with Section 6 subsection 1 sentence 1 in conjunction with Section 4 subsection 1 number 5 AWG would have to be decided.
The European Commission has today published a draft legal agreement for the future EU-UK partnership. It translates into a legal text the negotiating directives approved by Member States in the General Affairs Council on 25 February 2020, in line with the Political Declaration agreed between the EU and the UK in October 2019.
The European Court of Human Rights has announced a series of exceptional measures in response to the coronavirus outbreak.
The court will maintain its essential activities, especially its handling of priority cases. It will also consider urgent requests for interim measures when there is an imminent risk of irreversible harm.
The six-month deadline for lodging applications and all time limits relating to pending cases have been extended by one month, as of 16 March.
The court will be closed to the public, and all hearings scheduled for March and April are cancelled.
Commission sends to Member States draft proposal for a State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak
Commission sends to Member States draft proposal for a State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak
Last night, the European Commission has sent to Member States for consultation a draft proposal for a State aid Temporary Framework to support the economy in the context of the COVID-19 outbreak, based on Article 107(3)(b) TFEU to remedy a serious disturbance across the EU economy. Executive Vice-President Margrethe Vestager said: “Managing the economic impact of the COVID-19 outbreak requires decisive action. We need to act fast. We need to act in a coordinated manner. EU State aid rules provide a toolbox for Member States to take swift and effective action. […] Our aim is to have the new Temporary Framework in place in the next few days. (…) The new Temporary Framework will enable Member States to (i) set up schemes direct grants (or tax advantages) up to €500,000 to a company, (ii) give subsidised State guarantees on bank loans, (iii) enable public and private loans with subsidised interest rates. Finally (iv), the new Temporary Framework will recognise the important role of the banking sector to deal with the economic effects of the COVID-19 outbreak, namely to channel aid to final customers, in particular small and medium-sized enterprises. The Temporary Framework makes clear that such aid is direct aid to the banks’ customers, not to the banks themselves. And it gives guidance on how to minimise any undue residual aid to the banks in line with EU rules.”
COMMISSION IMPLEMENTING REGULATION (EU) 2020/402 of 14 March 2020 making the exportation of certain products subject to the production of an export authorisation
Personal Protective Equipment covers equipment such as masks, protective spectacles and visors, face shields, mouth-nose protection and protective garments. There are vital needs for protective equipment within the Union with regard to hospitals, patients, field workers, civil protection authorities.
This implementing act, adopted by urgency procedure and published today, provides for authorisations for exports to third countries. It will be valid for a six-week period, during which Member States will be consulted on the potential adaptations and scope of the current measure and future steps.
A unified European response overcomes a situation where Member States take individual approaches affecting the circulation of such equipment within the single market as well as to third countries, and reinforces European solidarity. Certain first-mover Member States have already indicated acceptance of the Commission’s requests to amend their national measures to ensure that vital equipment is available to those who need it most, throughout the EU.
The Commission will assist Member States in setting up the relevant mechanisms to ensure a smooth and coordinated implementation of the regulation, having regard to factors such as international engagements, the evolution of urgent needs within and outside the EU, and the integration of production and supply chains with such third countries.
Von der Leyen on Coronavirus response: EU to be determined and united
COVID-19: Commission sets out European coordinated response to counter the economic impact of the Coronavirus*
State aid Framework Flexibility
The main fiscal response to the Coronavirus will come from Member States’ national budgets. EU State aid rules enable Member States to take swift and effective action to support citizens and companies, in particular SMEs, facing economic difficulties due to the COVID-19 outbreak.
Member States can design ample support measures in line with existing EU rules. First, they can decide to take measures, such as wage subsidies, suspension of payments of corporate and value added taxes or social contributions. In addition, Member States can grant financial support directly to consumers, for example for cancelled services or tickets that are not reimbursed by the operators concerned. Also, EU State aid rules enable Member States to help companies cope with liquidity shortages and needing urgent rescue aid. Article 107(2)(b) TFEU enables Member States to compensate companies for the damage directly caused by exceptional occurrences, including measures in sectors such as aviation and tourism.
Currently, the impact of the COVID-19 outbreak in Italy is of a nature and scale that allows the use of Article 107(3)(b) TFEU. This enables the Commission to approve additional national support measures to remedy a serious disturbance to the economy of a Member State.
The Commission’s assessment for the use of Article 107(3)b for other Member States will take a similar approach. The Commission is preparing a special legal framework under Article 107(3)(b) TFEU to adopt in case of need.
The Commission stands ready to work with all Member States to ensure that possible national support measures to tackle the outbreak of the COVID-19 virus can be put in place in a timely manner.
Nota del Presidente della Repubblica Sergio Mattarella
L’Italia sta attraversando una condizione difficile e la sua esperienza di contrasto alla diffusione del coronavirus sarà probabilmente utile per tutti i Paesi dell’Unione Europea. Si attende quindi, a buon diritto, quanto meno nel comune interesse, iniziative di solidarietà e non mosse che possono ostacolarne l’azione.
Christine Lagarde, President of the ECB,
Luis de Guindos, Vice-President of the ECB,
Frankfurt am Main, 12 March 2020
“My point number two has to do with more debt issuance coming down the road depending on the fiscal expansion that will be determined by policymakers. Well, we will be there, as I said earlier on, using full flexibility, but we are not here to close spreads. This is not the function or the mission of the ECB. There are other tools for that, and there are other actors to actually deal with those issues.”
BERLIN, March 4 (Reuters) – Germany has banned the export of medical protection gear to avoid supply shortages of masks, gloves and suits as doctors and authorities are racing to contain the spread of the highly contagious coronavirus, officials said on Wednesday.
Is two restriction compatible with EU Law ?
The European Commission is working on all fronts to support efforts to tackle the coronavirus (COVID-19) outbreak. This includes ongoing coordination with Member States to share information, assess needs and ensure a coherent EU-wide response.
Five commissioners will coordinate the work
Janez Lenarcic is in charge of crisis management
Stella Kyriakides is in charge of all health issues
Ylva Johansson is in charge of border-related issues
Adina Valean is in charge of mobility
Paolo Gentiloni is in charge of macroeconomic aspects
Serious cross-border threats to health – Gravi minacce per la salute a carattere transfrontaliero – Corona virus
DECISION No 1082/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2013
on serious cross-border threats to health and repealing Decision No 2119/98/EC
DECISIONE N. 1082/2013/UE DEL PARLAMENTO EUROPEO E DEL CONSIGLIO del 22 ottobre 2013
relativa alle gravi minacce per la salute a carattere transfrontaliero e che abroga la decisione n. 2119/98/CE
Consequences of the United Kingdom’s withdrawal from the European Union for the Court of Justice of the European Union
“The Court of Justice takes formal notice of the fact that the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU has the effect of bringing to an end the mandates of the British Members of the Institution with effect from 31 January 2020 at midnight. The number of Judges of the Court of Justice and of the General Court, fixed at one for each Member State for the Court of Justice and two for each Member State for the General Court, is therefore reduced with immediate effect at the time of the UK’s withdrawal from the EU. On the other hand, in accordance with the declaration of the Conference of the Representatives of the Governments of the Member States of 29 January 2020 on the consequences of the UK’s withdrawal from the EU for the Advocates General of the Court of Justice, the number of Advocates General of the Court of Justice, fixed at eleven by the Council Decision of 25 June 2013, is not affected by that withdrawal. Pending the nomination of a new Advocate General by the governments of the Member States, Ms Eleanor Sharpston will continue to hold office, in accordance with Articles 5 and 8 of the Statute of the Court of Justice, until her successor takes up his or her duties. In accordance with the terms of the withdrawal agreement, the Court of Justice is to continue to have jurisdiction in any proceedings brought by or against the UK before the end of the transition period, which is set as 31 December 2020. It is also to continue to have jurisdiction to give preliminary rulings on requests from courts and tribunals of the UK made before the end of the transition period.The Court of Justice pays tribute to the major contribution of all its former British members to European integration in general and to the case-law of the Court of Justice and the General Court in particular”.
The Council has adopted, by written procedure, the decision on the conclusion of the withdrawal agreement on behalf of the EU. This follows the European Parliament’s vote of consent on 29 January and the signature of the withdrawal agreement by the EU and the United Kingdom on 24 January.
The withdrawal agreement will enter into force upon the UK’s exit from the EU, on 31 January 2020 at midnight CET. From that time on, the UK will no longer be an EU member state and will be considered as a third country.
The withdrawal agreement ensures an orderly withdrawal of the United Kingdom from the Union. It covers citizens’ rights, the financial settlement, a transition period, protocols on Ireland/Northern Ireland, Cyprus and Gibraltar, governance and other separation issues.
The entry into force of the withdrawal agreement marks the end of the period under Article 50 TEU and the start of a transition period until 31 December 2020. This transition period, foreseen in the withdrawal agreement, aims to provide more time for citizens and businesses to adapt.
During the transition period, the UK will continue to apply Union law but it will no longer be represented in the EU institutions. The transition period can be extended once for a period of up to one or two years, if both sides agree to this before 1 July 2020.
The negotiations on the future partnership between the EU and the UK will start once the UK has left the EU. The framework for this future relationship was set out in the political declaration agreed by both sides in October 2019.
An Act to implement, and make other provision in connection with, the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU.