REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT

https://rcepsec.org/legal-text/

All-Chapters

Joint Leaders’ Statement on The Regional Comprehensive Economic Partnership (RCEP)

We, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (ASEAN) – Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam – Australia, China, Japan, Korea and New Zealand, met virtually on 15 November 2020, on the occasion of the 4th RCEP Summit.

We were pleased to witness the signing of the RCEP Agreement, which comes at a time when the world is confronted with the unprecedented challenge brought about by the Coronavirus Disease 2019 (COVID-19) global pandemic. In light of the adverse impact of the pandemic on our economies, and our people’s livelihood and well-being, the signing of the RCEP Agreement demonstrates our strong commitment to supporting economic recovery, inclusive development, job creation and strengthening regional supply chains as well as our support for an open, inclusive, rules-based trade and investment arrangement. We acknowledge that the RCEP Agreement is critical for our region’s response to the COVID-19 pandemic and will play an important role in building the region’s resilience through inclusive and sustainable post-pandemic economic recovery process.

https://asean.org/joint-leaders-statement-regional-comprehensive-economic-partnership-rcep-2/

Pubblicato in ASIA RCEP, China, trade wars | Lascia un commento

USA: Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies

EO on Addressing the Threat from Securities Investments that Finance Communist Chinese

Executive Order

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New rules on trade of dual-use items agreed

Dual use items

The EU will soon be equipped with a set of new rules allowing for more accountable, competitive and transparent trade of dual-use items. These are a vast group of goods, materials, software and technology which can be used for both civil and military purposes.

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On significant distortions in the economy of the Russian Federation for the purposes of trade defence investigations

COMMISSION STAFF WORKING DOCUMENT
on significant distortions in the economy of the Russian Federation for the purposes of trade defence investigations

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Court of Justice: Real-time data collection and data retention – Threat to national security.

The Court of Justice confirms that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security

Judgments in Case C 623/17, Privacy International, and in Joined Cases C 511/18, La Quadrature du Net and Others, C 512/18, French Data Network and Others, and C 520/18, Ordre des barreaux francophones et germanophone and Others

EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security.

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The Court considers, however, that national legislation requiring providers of electronic communications services to retain traffic data and location data or to forward that data to the national security and intelligence authorities for that purpose falls within the scope of that directive.

Next, the Court recalls that the directive on privacy and electronic communications does not permit the exception to the obligation of principle to ensure the confidentiality of electronic communications and the related data and to the prohibition on storage of such data to become the rule. This means that the directive does not authorise the Member States to adopt, inter alia for the purposes of national security, legislative measures intended to restrict the scope of rights and obligations provided for in that directive, in particular the obligation to ensure the confidentiality of communications and traffic data, unless such measures comply with the general principles of EU law, including the principle of proportionality, and the fundamental rights guaranteed by the Charter.

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Court of Justice: Automated analysis of traffic and location data and Real-time collection of traffic and location data

The Court of Justice confirms that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security

JUDGMENT OF THE COURT (Grand Chamber)
6 October 2020

In Joined Cases C?511/18, C?512/18 and C?520/18,
REQUESTS for a preliminary ruling under Article 267 TFEU from the Conseil d’État (Council of State, France), made by decisions of 26 July 2018, received at the Court on 3 August 2018 (C?511/18 and C?512/18), and from the Cour constitutionnelle (Constitutional Court, Belgium), made by decision of 19 July 2018, received at the Court on 2 August 2018 (C?520/18), in the proceedings
La Quadrature du Net (C?511/18 and C?512/18),
French Data Network (C?511/18 and C?512/18),
Fédération des fournisseurs d’accès à Internet associatifs (C?511/18 and C?512/18),
Igwan.net (C?511/18)

cp200123en

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Proposal for a REGULATION on Markets in Crypto-assets

Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on Markets in Crypto-assets, and amending Directive (EU) 2019/1937

200924-crypto-assets-proposal_en

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USA: Department of Defense released the names of additional “Communist Chinese military companies” operating directly or indirectly in the United States in accordance with the statutory requirement of Section 1237 of the National Defense Authorization Act for Fiscal Year 1999

DoD

Today, the Department of Defense released the names of additional “Communist Chinese military companies” operating directly or indirectly in the United States in accordance with the statutory requirement of Section 1237 of the National Defense Authorization Act for Fiscal Year 1999, as amended.

The Department is determined to highlight and counter the People’s Republic of China’s (PRC) Military-Civil Fusion development strategy, which supports the modernization goals of the People’s Liberation Army (PLA) by ensuring its access to advanced technologies and expertise acquired and developed by even those PRC companies, universities, and research programs that appear to be civilian entities.

The Department released its initial list of companies to Congress in June 2020 and will continue to update the list with additional entities as appropriate.

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USA: Executive Order on Addressing the Threat Posed by TikTok

https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/TikTok

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). Specifically, the spread in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China) continues to threaten the national security, foreign policy, and economy of the United States. At this time, action must be taken to address the threat posed by one mobile application in particular, TikTok.

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USA: Executive Order on Addressing the Threat Posed by WeChat

WeChat

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). As I explained in an Executive Order of August 6, 2020 (Addressing the Threat Posed by Tiktok, and Taking Additional Steps to Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain), the spread in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China) continues to threaten the national security, foreign policy, and economy of the United States. To protect our Nation, I took action to address the threat posed by one mobile application, TikTok. Further action is needed to address a similar threat posed by another mobile application, WeChat.

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Access to security-related sensitive information under Regulation 2019/452 EU and United Kingdom

COMMISSION DECISION of 31.7.2020
on the application of Article 127(7)(b) of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community to the cooperation mechanism under Regulation (EU) 2019/452 which grants access to security-related sensitive information

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Pursuant to Articles 6 to 11 of Regulation (EU) 2019/4522 a cooperation mechanism between the Commission and the Member States is established to exchange information on foreign direct investments. The purpose of the cooperation mechanism is to allow each Member State to examine whether a foreign direct investment in another Member State is likely to affect its own security or public order and the Commission to examine whether a foreign direct investment is likely to affect security or public order in more than one Member State.

While the cooperation mechanism will apply from 11 October 2020, the preparatory arrangements are undertaken by the Commission and by the Member States since the entry into force of Regulation (EU) 2019/452 on 11 April 2019.
The cooperation mechanism provides an exchange of security relevant information between designated contact points of the Member States and the Commission, including classified information at “EU secret/EU confidential” level, to allow Member States and the Commission to examine the possible effects of foreign direct investment on security or public order.
The participation of the United Kingdom in the cooperation mechanism is a participation in an information exchange provided for in Union law, which will continue to be implemented beyond the transition period and which would grant access to security-related sensitive information that only Member States, nationals of Member States, or natural or legal persons residing or established in a Member State, are to have knowledge of. Therefore, this would constitute one of the exceptional cases, in which the references to Member States should be understood as not including the United Kingdom.
Pursuant to Article 127(7)(b) of the Withdrawal Agreement, the United Kingdom should be excluded from participation in the above-mentioned cooperation mechanism.

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The Court of Justice invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield

Judgment in Case C-311/18 Press and Information Data Protection Commissioner v Facebook Ireland and Maximillian Schrems
July 16, 2020

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20200716 CJEU Schrems II

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USA: The President’s Executive Order on Hong Kong Normalization

Executive Order 13936 of July 14, 2020
The President’s Executive Order on Hong Kong Normalization

2020-15646

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Commission adopts White Paper on foreign subsidies in the Single Market

foreign_subsidies_white_paper

Commission_adopts_White_Paper_on_foreign_subsidies_in_the_Single_Market

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WTO and National Security: SAUDI ARABIA – MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Panel Report

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Verification and monitoring in the Islamic Republic of Iran in light of United Nations Security Council resolution 2231 (2015)

gov2020-26

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Statement by President VON DER LEYEN on the recent ruling of the German Constitutional Court

Brussels, 10 May 2020
The recent ruling of the German Constitutional Court put under the spotlight two issues of the European Union: the Euro system and the European legal system.
We take good note of the clear statement of the European Court of Justice of 8 May.
In the same vein, the European Commission upholds three basic principles: that the Union’s monetary policy is a matter of exclusive competence; that EU law has primacy over national law and that rulings of the European Court of Justice are binding on all national courts.
The final word on EU law is always spoken in Luxembourg. Nowhere else.
The European Commission’s task is to safeguard the proper functioning of the Euro system and the Union’s legal system.
We are now analysing the ruling of the German Constitutional Court in detail. And we will look into possible next steps, which may include the option of infringement proceedings.
The European Union is a community of values and of law, which must be upheld and defended at all times. This is what keeps us together. This is what we stand for.

Statement_by_President_VON_DER_LEYEN

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Schuman Declaration: 70 years on

Aiming to secure peace in Europe after the horrors of the Second World War, the Schuman Declaration proposed cooperation among European countries in two key economic areas central to rearmament and warfare: coal and steel. As an institutional framework for this cooperation, the Schuman Declaration proposed the creation of the first supranational organisation in Europe, the European Coal and Steel Community (ECSC). Established in 1952, the ECSC laid the foundations for today’s European Union (EU). The Schuman Declaration is therefore seen as the EU’s founding act. Presented by the French Foreign Minister, Robert Schuman, on 9 May 1950, this year marks the 70th anniversary of the Schuman Declaration.

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Press release following the judgment of the German Constitutional Court of 5 May 2020

The Directorate for Communication of the Court of Justice received many enquiries concerning the judgment delivered by the German Constitutional Court on 5 May 2020 regarding the European Central Bank’s PSPP programme.
The departments of the institution never comment on a judgment of a national court.
In general, it is recalled that the Court of Justice has consistently held that a judgment in which the Court gives a preliminary ruling is binding on the national court for the purposes of the decision to be given in the main proceedings. In order to ensure that EU law is applied uniformly, the Court of Justice alone – which was created for that purpose by the Member States – has jurisdiction to rule that an act of an EU institution is contrary to EU law. Divergences between courts of the Member States as to the validity of such acts would indeed be liable to place in jeopardy the unity of the EU legal order and to detract from legal certainty. Like other authorities of the Member States, national courts are required to ensure that EU law takes full effect. That is the only way of ensuring the equality of Member States in the Union they created. The institution will refrain from communicating further on the matter.

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GLI EFFETTI DELL’EMERGENZA COVID-19 SU COMMERCIO, INVESTIMENTI E STRUMENTI FINANZIARI TRANSNAZIONALI

LINK Università di Teramo

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Rule of Law: European Commission launches infringement procedure to safeguard the independence of judges in Poland

Today, the European Commission launched an infringement procedure by sending a Letter of Formal Notice to Poland regarding the new law on the judiciary of 20 December 2019, which entered into force on 14 February 2020.

Link

Rule_of_Law_Poland

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Coronavirus: The EU and 21 other WTO Members pledge to ensure well-functioning global food supply chains

tradoc_158718

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ECB takes steps to mitigate impact of possible rating downgrades on collateral availability

ECB to grandfather until September 2021 eligibility of marketable assets used as collateral in Eurosystem credit operations falling below current minimum credit quality requirements
Appropriate haircuts will apply for assets that fall below the Eurosystem minimum credit quality requirements
Decision reinforces broader package of collateral easing measures adopted by the Governing Council on 7 April 2020, which will also remain in place until September 2021
ECB may decide further measures, if needed, to continue ensuring the smooth transmission of its monetary policy in all jurisdictions of the euro area
The Governing Council of the European Central Bank (ECB) today adopted temporary measures to mitigate the effect on collateral availability of possible rating downgrades resulting from the economic fallout from the coronavirus (COVID-19) pandemic. The decision complements the broader collateral easing package that was announced on 7 April 2020. Together these measures aim to ensure that banks have sufficient assets that they can mobilise as collateral with the Eurosystem to participate in the liquidity-providing operations and to continue providing funding to the euro area economy.
Specifically, the Governing Council decided to grandfather the eligibility of marketable assets and the issuers of such assets that fulfilled minimum credit quality requirements on 7 April 2020 in the event of a deterioration in credit ratings decided by the credit rating agencies accepted in the Eurosystem as long as the ratings remain above a certain credit quality level. By doing so, the Governing Council aims to avoid potential procyclical dynamics. This would ensure continued collateral availability, which is crucial for banks to provide funding to firms and households during the current challenging times.

ECB and the downgrade on collateral availability

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The New Grey Power

https://www.youtube.com/watch?v=cTMRilrgmiI&t=930s

The new morphology of power

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Un sondaggio di SWG

Secondo un sondaggio di SWG il 54% degli italiani pensa che la globalizzazione stia distruggendo la nostra economia. Il 52% considera la Cina un paese amico, il 32% la Russia. Quasi metà degli italiani (45%) crede invece che i nostri nemici siano i tedeschi, e il 38% i francesi.

Abbiamo una brutta notizia per l’opinione pubblica italiana: l’Italia è un paese ESPORTATORE, e il commercio estero sostiene migliaia di posti di lavoro. I nostri migliori partner commerciali sono gli altri paesi europei, verso i quali ogni anno esportiamo DIECI VOLTE quello che esportiamo verso Russia e Cina messe insieme.

comitatoventotene.eu

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The impact of the Covid-19 pandemic on global and EU trade

tradoc_158713

Pubblicato in Corona Virus, trade, WTO | Lascia un commento

OPCW Releases Report concludes units of the Syrian Arab Air Force used chemical weapons in Ltamenah, Syria in March 2017

THE HAGUE, Netherlands – 8 April 2020 – The Organisation for the Prohibition of Chemical Weapons (OPCW) released today the findings of the first report by the OPCW Investigation and Identification Team (IIT). The IIT is responsible for identifying the perpetrators of the use of chemical weapons in the Syrian Arab Republic where the OPCW Fact-Finding Mission (FFM) has determined that chemical weapons have been used or likely used in Syria.
The IIT’s first report sets out its mandate, the legal and practical challenges of its work, and the findings of the investigations conducted between June 2019 and March 2020, focusing on the incidents in Ltamenah, Syrian Arab Republic on 24, 25, and 30 March 2017. The IIT’s investigation and analysis included a comprehensive review of all of the information obtained including: interviews with persons who were present in the relevant places at the time of the incidents, analysis of samples and remnants collected at the sites of the incidents, review of the symptomatology reported by casualties and medical staff, examination of imagery, including satellite images, and extensive consultation of experts. The investigation relied on relevant FFM reports as well as on samples and other material obtained directly by the Technical Secretariat in the territory of Syria.

REPORT

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EUROGROUP: Report on the comprehensive economic policy response to the COVID-19 pandemic

REPORT EUROGROUP.pdf

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Decreto sui poteri speciali nei settori strategici

DECRETO-LEGGE 8 aprile 2020, n. 23
Misure urgenti in materia di accesso al credito e di adempimenti
fiscali per le imprese, di poteri speciali nei settori strategici,
nonche’ interventi in materia di salute e lavoro, di proroga di
termini amministrativi e processuali. (20G00043)
(GU n.94 del 8-4-2020)

decreto-legge n. 23 dell’8 aprile 2020

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The Court of Justice of the European Union adapts in order to guarantee the continuity of the European public administration of justice

The Court of Justice of the European Union adapts in order to guarantee the continuity of the European public administration of justice

cp200046en

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Lettera del Presidente Conte alla Presidente della Commissione europea Ursula von der Leyen

Lettera

Lettera del Presidente del Consiglio alla Presidente della Commissione europea

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Mitigating unemployment risks in an emergency (SURE) following the COVID-19 outbreak

Proposal for a COUNCIL REGULATION
on the establishment of a European instrument for temporary support to mitigate unemployment risks in an emergency (SURE) following the COVID-19 outbreak

support_to_mitigate_unemployment_risks_in_an_emergency_sure_0

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UN Adopts Resolution Urging Global Cooperation on COVID-19

UNITED NATIONS — The U.N. General Assembly unanimously approved a resolution Thursday recognizing “the unprecedented effects” of the coronavirus pandemic and calling for “intensified international cooperation to contain, mitigate and defeat” the COVID-19 disease.

The assembly did not approve a resolution sponsored by Russia calling for U.N. solidarity in the face of the challenges posed by the new virus and urging an end to trade wars, protectionist practices and unilateral sanctions without U.N. Security Council approval.

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UN Security Council working methods in the midst of Covid 19

UN Security Council working methods in the midst of Covid 19

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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

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Pubblicato in migrazioni - migrations | Lascia un commento

art. 15 ECHR activation

Faced with the COVID-19 pandemic, Georgia, Latvia, Romania, Moldova, Armenia, and Estonia have activated Article 15 of the European Convention on Human Rights.

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L’epidemia, la crisi economica e lo stallo europeo: l’Unione europea alla prova decisiva della solidarietà

Andrea Fracasso, L’epidemia, la crisi economica e lo stallo europeo.

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Newly declared states of emergency must include a time limit and parliamentary oversight, OSCE human rights head says

https://www.osce.org/odihr/449311

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.

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Holding Carisma: EMERGENZA SANITARIA COVID – RIFLESSIONI SU EMERGENZA SANITARIA, ECONOMICA E VALORIALE

http://www.holdingcarisma.it/it/news/covid_articolo_nr2_gc-58.html

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Corona and Schengen borders control

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.

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