EACC

EU Commission: Getting ready for the end of the Brexit transition period

The Brexit transition ends December 31, 2020. In 5 months, the UK leaves Single Market and Customs Union. Changes are inevitable, with or without agreement on the new partnership. Companies and citizens must get ready.
Even if the European Union and the United Kingdom conclude a highly ambitious partnership covering all areas agreed in the Political Declaration by the end of 2020, the United Kingdom’s withdrawal from the EU acquis, the internal market and the Customs Union, at the end of the transition period will inevitably create barriers to trade and cross-border exchanges that do not exist today.
There will be broad and far-reaching consequences for public administrations, businesses and citizens as of 1 January 2021, regardless of the outcome of negotiations. These changes are unavoidable and stakeholders must make sure they are ready for them.
To assist, the Commission is reviewing – and where necessary updating – the over 100 sector-specific stakeholder preparedness notices it published during the Article 50 negotiations with the United Kingdom.
Those notices that have already been updated as ‘notices for readiness’ can be found using the following link: Getting ready for the end of the transition period
Compliments of the European Commission.

EACC

Lifting of travel restrictions: EU Council reviews the list of third countries

Following a review under the recommendation on the gradual lifting of the temporary restrictions on non-essential travel into the EU, the Council updated the list of countries for which travel restrictions should be lifted. As stipulated in the Council recommendation, this list will continue to be reviewed regularly and, as the case may be, updated.
Based on the criteria and conditions set out in the recommendation, as from 8 August member states should gradually lift the travel restrictions at the external borders for residents of the following third countries:
Australia
Canada
Georgia
Japan
New Zealand
Rwanda
South Korea
Thailand
Tunisia
Uruguay
China, subject to confirmation of reciprocity
Residents of Andorra, Monaco, San Marino and the Vatican should be considered as EU residents for the purpose of this recommendation.
The criteria to determine the third countries for which the current travel restriction should be lifted cover in particular the epidemiological situation and containment measures, including physical distancing, as well as economic and social considerations. They are applied cumulatively.
Regarding the epidemiological situation, third countries listed should meet the following criteria, in particular:
number of new COVID-19 cases over the last 14 days and per 100 000 inhabitants close to or below the EU average (as it stood on 15 June 2020)
stable or decreasing trend of new cases over this period in comparison to the previous 14 days
overall response to COVID-19 taking into account available information, including on aspects such as testing, surveillance, contact tracing, containment, treatment and reporting, as well as the reliability of the information and, if needed, the total average score for International Health Regulations (IHR). Information provided by EU delegations on these aspects should also be taken into account.
Reciprocity should also be taken into account regularly and on a case-by-case basis.
For countries where travel restrictions continue to apply, the following categories of people should be exempted from the restrictions:
EU citizens and their family members
long-term EU residents and their family members
travellers with an essential function or need, as listed in the Recommendation.
Schengen associated countries (Iceland, Lichtenstein, Norway, Switzerland) also take part in this recommendation.
Next steps
The Council recommendation is not a legally binding instrument. The authorities of the member states remain responsible for implementing the content of the recommendation. They may, in full transparency, lift only progressively travel restrictions towards countries listed.
A Member State should not decide to lift the travel restrictions for non-listed third countries before this has been decided in a coordinated manner.
This list of third countries should continue to be reviewed regularly and may be further updated by the Council, as the case may be, after close consultations with the Commission and the relevant EU agencies and services following an overall assessment based on the criteria above.
Travel restrictions may be totally or partially lifted or reintroduced for a specific third country already listed according to changes in some of the conditions and, as a consequence, in the assessment of the epidemiological situation. If the situation in a listed third country worsens quickly, rapid decision-making should be applied.
Background
On 16 March 2020, the Commission adopted a communication recommending a temporary restriction of all non-essential travel from third countries into the EU for one month. EU heads of state or government agreed to implement this restriction on 17 March. The travel restriction was extended for a further month respectively on 8 April 2020 and 8 May 2020.
On 11 June the Commission adopted a communication recommending the further extension of the restriction until 30 June 2020 and setting out an approach for a gradual lifting of the restriction on non-essential travel into the EU as of 1 July 2020.
On 30 June the Council adopted a recommendation on the gradual lifting of the temporary restrictions on non-essential travel into the EU, including an initial list of countries for which member states should start lifting the travel restrictions at the external borders. This list was updated on 16 July and 30 July.
Compliments of the European Council.

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EACC

COVID-19 Response in Emerging Market Economies: Conventional Policies and Beyond

The economic impact of the COVID-19 pandemic on emerging market economies far exceeded that of the global financial crisis. Unlike previous crises, the response has been decisive just like in advanced economies. Yet, conventional policies are reaching their limit and unorthodox policies are not without risks.
A pandemic still unfolding
COVID-19 is still to play out fully in the emerging market universe (see chart for country list), posing risks to both people and economies. While countries such as China, Uruguay, and Vietnam have managed to contain the virus, others such as Brazil, India, and South Africa continue to grapple with a rise in infections.
Emerging markets are likely to face an uphill battle.
The economic impact has been even more severe as emerging market economies were buffeted by multiple shocks. Compounding the effects of domestic containment measures has been a decline in external demand. Particularly hit are tourism-dependent countries due to a decline in travel and oil exporters as commodity prices plummeted. With global trade and oil prices projected to drop by more than 10 percent and 40 percent respectively, emerging market economies are likely to face an uphill battle. This is even as capital outflows have stabilized and sovereign spreads retreated compared to the sharply volatile market conditions seen in March.
Not surprisingly, the IMF’s latest June World Economic Outlook Update projects emerging market economies to shrink by 3.2 percent this year—the largest drop for this group on record. By way of comparison, in the global financial crisis, growth for the group took a significant hit but still bottomed out at a positive 2.6 percent in 2009.
A decisive policy response
The crisis would have been worse still without the extraordinary policy support. For sure, decisive policy actions in advanced economies led to a turnaround in market conditions that allowed emerging market economies to resume external financing efforts in April and May, which contributed to record levels of bond issuance so far this year—to the tune of $124 billion as of the end of June. But not all countries have seen improved fortunes. Fuel exporters, frontier countries and those with high debt are experiencing a greater financial shock that pushed up borrowing costs, or even worse, denied them further access to markets.
Policy support by advanced economies provided emerging market economy policymakers with wiggle room to soften the economic blow. Unlike previous episodes, where emerging market economies tended to tighten policy to avoid rapid capital outflows and the inflationary effect of exchange rate depreciations, the current crisis has seen emerging market economies’ policy reaction more in line with that of advanced economies (see the IMF’s policy tracker). Most emerging market economies used reserve buffers more sparingly and allowed exchange rates to adjust to a larger extent, while many countries injected liquidity as needed to ensure market functioning. Countries like Poland and Indonesia further eased macroprudential policies to support credit.

Image courtesy of the IMF.
Like their more advanced peers, many emerging market economies, including Thailand, Mexico, and South Africa, eased monetary policy during this cycle. In a few cases, limited room to cut policy rates further and distressed market conditions induced use of unconventional monetary policy measures for the first time. These included purchases of government and corporate bonds, although the amounts remain modest so far compared to the larger advanced economies. Conversely, the use of capital flow measures to deter capital outflows has been quite limited so far.
A similar picture is evident on the fiscal policy front. Emerging market economies have relaxed their fiscal stance in an attempt to tackle the health crisis, support people and firms, and offset the economic shocks. While more modest than that of advanced economies, these efforts were significantly greater than during the global financial crisis.
From conventional to unorthodox policies
Despite these actions, the outlook for emerging market economies remains clouded by considerable uncertainty. Chief among many risks is the possibility of a more prolonged health crisis, which would hurt more lives and could have dire economic consequences. Confronting a more severe downturn will be challenging because most emerging markets entered the current crisis with limited room for traditional fiscal, monetary, and external policy support. And much policy room has already been used up by actions undertaken in recent months.
Dwindling policy space may force some countries to take recourse to more unorthodox measures. From price controls and trade restrictions to more unconventional monetary policy and steps to ease credit and financial regulation. Some of these measures—which are also being implemented by some advanced and low-income economies—have significant costs, particularly if used intensively. Export restrictions, for example, could seriously distort the multilateral trading system, and price controls hamper the flow of goods to those who need it most.
The effectiveness of other unorthodox policies will depend on the credibility of the institutions; for instance, whether a country has a track record of credible monetary policy. As we navigate the contours of the ongoing crisis, little time is available to properly analyze the risks and benefits of these actions in a careful manner.
Not out of the woods yet
Emerging market economies have navigated the first phase of the crisis relatively well, but the next phase could be much more challenging. The virus remains present, financial conditions are still fragile, and policy space is lower, particularly for those countries facing high risks to debt sustainability. The latter group of countries is quite large. Approximately one third of all emerging market economies entered the crisis with high-debt levels and are assessed to have no space for undertaking additional discretionary fiscal policy, or as having that space significantly at risk.
Image courtesy of the IMF.
As the crisis develops, there is also a high risk that liquidity problems morph into solvency concerns. Besides sovereign debt stresses, corporate default risks are alarmingly high in a number of emerging market economies. Moreover, the crisis has hit poor people much harder, and this increase in inequality will amplify policy challenge in many countries.
The complexity of these challenges requires a multi-faceted policy response. First, domestic policies will need to be designed to allow for more durable and inclusive growth. Second, increased support from bilateral and multilateral lenders will be required where market access remains precarious. So far, the IMF has provided 22 emerging market economies with approximately $72 billion (SDR 52 billion) in financial assistance. Finally, for countries where debts prove to be unsustainable, timely and durable resolution of these problems will be needed, by seeking broad burden sharing across creditors including in the private sector. The latter two policy angles will be analyzed in two subsequent blogs on IMF lending and the IMF’s role in debt resolution.
AUTHORS:
Martin Mühleisen, Director of the Strategy, Policy, and Review Department (SPR) of the IMF
Tryggvi Gudmundsson, Economist in the IMF’s SPR
Hélène Poirson Ward, Deputy Division Chief in the IMF’s SPR
Compliments of the IMF.

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EACC

US economic stimulus: what impact on household income?

In the wake of the Covid-19 crisis, the US authorities adopted an unprecedented set of fiscal measures, targeting households in particular. These measures aim at preserving the purchasing power of US households, but less than half of this additional income should be spent.

Chart 1. Compared fiscal policy responses 2020/2008, Source: Congressional Budget Office (CBO). Image courtesy of La Banque de France.
The Covid-19 crisis has led to a sharp deterioration in the US labour market
The coronavirus crisis has sent an unprecedented shockwave through the US labour market. Social distancing and other restrictions have paralysed many businesses, particularly in the service sector. Thus, the number of unemployment claims exploded between mid-March and the end of May 2020: 4 million on average per week, compared to around 220,000 in normal times. The rise in unemployment was very rapid, amounting in just two months to the equivalent of two years of job losses during the 2008-09 financial crisis.
The deterioration in the labour market required an urgent and forceful response from the US authorities. Especially given that household consumption remains the driving force behind the US economy and social safety nets are very minimal in the United States. For example, a significant difference between the US labour market and the European market is the lack of temporary job-retention schemes.
The impressive magnitude of the US package…
At the end of March, the US Congress adopted the Coronavirus Aid, Relief, and Economic Security Act (CARES), a vast economic assistance package of around USD 2.2 trillion, or 10% of GDP. This is the largest stimulus package in the history of the United States (see Chart 1). In addition, other support measures were introduced, totalling more than USD 2.7 trillion. During the 2008 financial crisis, fiscal measures amounted to USD 1.8 trillion, spread over 5 years. The magnitude is therefore greater today and the measures are concentrated on the last three quarters of 2020. The budget cost of these measures is estimated to exceed USD 2 trillion in 2020, excluding loan guarantees.

Chart 2. Stimulus decomposition by category targeted (for an estimated budget cost of USD 2050 bn) Source: CBO, BdF calculations. Image courtesy of La Banque de France.
While the measures target the economy as a whole, they are particularly aimed at households (60%, see Chart 2). Of particular note is the massive increase in unemployment insurance, in terms of amounts, eligibility criteria and duration. For example, an unemployed person will receive an additional USD 600 per week for up to 4 months. Other measures include direct payments to households of USD 1200 per individual, the introduction of paid sick leave in case of Covid-19, tax breaks, etc.
Furthermore, some schemes for businesses also aim to support employment. For instance, the Paycheck Protection Programme (PPP) provides SMEs with state-guaranteed loans that can be written off provided that 75% of the funds are used to pay salaries. This programme was widely and rapidly subscribed to.
… should compensate for the short-term loss of income
Using the NiGEM model, we carry out simulations to assess the impact of support measures on the income of US households and, more generally, on gross domestic product (GDP), in a Covid-19 shock scenario based on a single wave of contamination but with prolonged economic effects.
The disposable income of US households is not expected to be adversely affected in 2020 compared to its pre-crisis trend, as the stimulus measures should fully offset the loss of income caused by the Covid-19 crisis (see Chart 3). Households should even enjoy purchasing power gains (Real Personal Disposable Income – RPDI) thanks to lower inflation (see Table 1).

Chart 3. Impact of the Covid-19 shock and stimulus measures on household disposable income (% of pre-crisis trend) Source: BdF calculations (NiGEM simulations). Image courtesy of La Banque de France.
The increase in household disposable income in response to the different stimulus measures is already starting to be observed with a 13% increase in April compared to the previous month. This short-term rise is not surprising. It confirms the findings of recent microeconomic studies, such as Ganong et al, 2020, that estimate a median replacement rate of 134% for unemployment benefits, with two-thirds of eligible unemployed receiving benefits higher than their previous earnings.
In 2021, however, household disposable income is expected to contract compared to the pre-crisis trend, i.e. a negative shock of almost 3% on purchasing power, due to the relative persistence of unemployment and assuming that no new measures are taken.

TABLE 1. IMPACT OF STIMULUS ON HOUSEHOLD INCOME (% OF PRE-CRISIS SCENARIO)

2020

2021

 %

Covid-19 shock (without measures)

Impact of fiscal stimulus

Net change

Covid-19 shock (without measures)

Impact of fiscal stimulus

Net change

DISPOSABLE INCOME

-9.3

9.4

0.1

-12.4

6.6

-5.8

REAL DISPOSABLE INCOME

-8.0

8.9

0.9

-6.3

3.6

-2.7

Source: BdF calculations (NiGEM simulations)
Impact on GDP will depend on the savings behaviour of US households
Despite the relative stability of household income in 2020, it is not clear whether this replacement income will be fully spent, or even whether it will be spent in the same proportion as it was before the crisis. We assume that 40% of the additional income received by households would be consumed and the rest would be saved. All in all, the household savings rate is expected to average close to 20% in 2020, compared with an average of 8% in 2019.
This can be attributed to the high level of forced savings resulting from lockdown and changes in consumption habits; the savings rate reached a peak of 32% in April, after 8% in February and 13% in March. However, the households targeted by the stimulus payments mainly belong to the low-wage category, which traditionally have a higher propensity to consume and which, moreover, have benefited from a net increase in income (Muellbauer, 2020; Ganong et al., 2020). Furthermore, according to Karger and Rajan (2020), 48% of the cheques paid to households under the CARES Act were immediately consumed.
Overall, our results show that the stimulus should only partially absorb the shock to consumption and investment, thereby offsetting the loss of activity by 4.5 percentage points of GDP in 2020. Nevertheless, the US economy is expected to contract by between 6.5 and 8% in 2020 (according to our estimates as well as those of national and international institutions). The longer-term impact of these stimulus measures will depend on the consumption and savings behaviour of US households.
We analyse the sensitivity of our results to assumptions about the propensity of households to consume. With a lower marginal propensity to consume of 25%, similar to that observed during the recovery plans of 2001 and 2008 (Sham et al., 2010), the final gain in GDP would also be lower, i.e. around 3.4 percentage points.
The need for further stimulus measures is gradually becoming apparent
The measures were primarily taken by the US authorities in response to an emergency situation. Indeed, many of them are scheduled to end in July or at the end of the year. They are intended to temporarily make up for the lack of social safety nets and thus offset short-term income losses. However, they seem insufficient to allow the US economy to recover in the medium term, especially if the shock from the crisis proves to be relatively persistent. To this end, proposals have already been submitted to the US Congress on a new stimulus package to be adopted before the presidential election next November.
AUTHORS:
Annabelle de Gaye, CFA, Banque de France
Cristina Jude, Macroeconomist, Banque de France | cristina.jude[at]banque-france.fr
Compliments of La Banque de France.

EACC

Up-to-date report on the status of the Paycheck Protection Program (PPP) from the U.S. SBA

The Small Business Administration (SBA), in consultation with the Department of the Treasury, is providing this guidance to address borrower and lender questions concerning forgiveness of Paycheck Protection Program (PPP) loans, as provided for under section 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as amended by the Paycheck Protection Program Flexibility Act (Flexibility Act). Borrowers and lenders may rely on the guidance provided in this document as SBA’s interpretation, in consultation with the Department of the Treasury, of the CARES Act, the Flexibility Act, and the Paycheck Protection Program Interim Final Rules (“PPP Interim Final Rules”).
Frequently Asked Questions For Loan Forgiveness  (Released 8/4/20)
Summary of PPP lending as of 7/31/20 (Released 8/3/20)
For more information, please reach out to the EACCNY or feel free to check out our COVID-19 Business Resources Section.
Compliments of the Small Business Administration.

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IMF | Global Imbalances and the COVID-19 Crisis

The world entered the COVID-19 pandemic with persistent, pre-existing external imbalances. The crisis has caused a sharp reduction in trade and significant movements in exchange rates but limited reduction in global current account deficits and surpluses. The outlook remains highly uncertain as the risks of new waves of contagion, capital flow reversals, and a further decline in global trade still loom large on the horizon.
Our new External Sector Report shows that overall current account deficits and surpluses in 2019 were just below 3 percent of world GDP, slightly less than a year earlier. Our latest forecasts for 2020 imply only a further narrowing by some 0.3 percent of world GDP, a more modest decline than after the global financial crisis 10 years ago.
New trade barriers will not be effective in reducing imbalances.
The immediate policy priorities are to provide critical relief and promote economic recovery. Once the pandemic abates, reducing the world’s external imbalances will require collective reform efforts by both excess surplus and deficit countries. New trade barriers will not be effective in reducing imbalances.
Why imbalances matter
External deficits and surpluses are not necessarily a cause for concern. There are good reasons for countries to run them at certain points in time. But economies that borrow too much and too quickly from abroad, by running external deficits, may become vulnerable to sudden stops in capital flows. Countries also face risks from investing too much of their savings abroad given investment needs at home. The challenge lies in determining when imbalances are excessive or pose a risk. Our approach focuses on each country’s overall current account balance and not its bilateral trade balances with various trading partners, as the latter mainly reflect the international division of labor rather than macroeconomic factors.
We estimate that about 40 percent of global current account deficits and surpluses were excessive in 2019 and, as in recent years, concentrated in advanced economies. Larger-than-warranted current account balances were mostly in the euro area (driven by Germany and the Netherlands) with lower-than-warranted current account balances mainly existing among Canada, the United Kingdom, and the United States. China’s assessed external position remained, as in 2018, broadly in line with fundamentals and desirable policies, due to offsetting policy gaps and structural distortions.
Our report offers individual economy assessments of external imbalances and exchange rates for the 30 largest economies. Over time, these imbalances have accumulated, with the stocks of external assets and liabilities now at historic highs, potentially raising risks for both debtor and creditor countries. The persistence of global imbalances and mounting perceptions of an uneven playing field for trade has fueled protectionist sentiments, leading to a rise in trade tensions between the US and China. Overall, many countries had pre-existing vulnerabilities and remaining policy distortions heading into the crisis.
Image courtesy of the IMF.
COVID-19: An intense external shock
With the world economy still grappling with the COVID-19 crisis, the external outlook is highly uncertain. Even though we forecast a slight narrowing of global imbalances in 2020, the situation varies around the world. Economies dependent on severely affected sectors, such as oil and tourism, or reliant on remittances, could see a fall in their current account balances exceeding 2 percent of GDP. Such intense external shocks may have lasting effects and require significant economic adjustments. At the global level, our forecasts imply a more limited narrowing in current account balances than after the global financial crisis a decade ago, which partly reflects the smaller, precrisis global imbalances this time than during the housing and asset price booms of the mid-2000s.
Early in the COVID-19 crisis, tighter external financing conditions triggered sudden capital outflows with sharp currency depreciations across numerous emerging market and developing economies. The exceptionally strong fiscal and monetary policy responses, especially in advanced economies, have promoted a recovery in global investor sentiment since then, with some unwind of the initial sharp currency movements. But many risks remain, including new waves of contagion, economic scarring, and renewed trade tensions.
Another bout of global financial stress could trigger more capital flow reversals, currency pressures, and further raise the risk of an external crisis for economies with preexisting vulnerabilities, such as large current account deficits, a high share of foreign currency debt, and limited international reserves, as highlighted in this year’s analytical chapter. A worsening of the COVID-19 pandemic could also dislocate global trade and supply chains, reduce investment, and hinder the global economic recovery.
Image courtesy of the IMF.
Providing relief and rebalancing the world economy
Policy efforts in the near term should continue to focus on providing lifelines and promoting economic recovery. Countries with flexible exchange rates would benefit from continuing to allow them to adjust in response to external conditions, where feasible. Foreign exchange intervention, where needed and where reserves are adequate, could help alleviate disorderly market conditions. For economies facing disruptive balance of payments pressures and without access to private external financing, official financing and swap lines can help provide economic relief and preserve critical health care spending.
Tariff and nontariff barriers to trade should be avoided, especially on medical equipment and supplies, and recent new restrictions on trade rolled back. Using tariffs to target bilateral trade balances is costly for trade and growth, and tends to trigger offsetting currency movements. Tariffs are also generally ineffective for reducing excess external imbalances and currency misalignments, which requires addressing underlying macroeconomic and structural distortions. Modernizing the multilateral rules-based trading system and strengthening rules on subsidies and technology transfer is warranted, including by expanding the rule book on services and e-commerce and ensuring a well-functioning WTO dispute settlement system.
Over the medium term, reducing excess imbalances in the global economy will require joint efforts on the part of both excess surplus and excess deficit countries. Economic and policy distortions that predated the COVID-19 crisis might persist or worsen, suggesting the need for reforms tailored to country-specific circumstances.
In economies where excess current account deficits before the crisis reflected larger-than-desirable fiscal deficits (as in the United States) and where such imbalances persist, fiscal consolidation over the medium term would promote debt sustainability, reduce the excess current account gap, and facilitate raising international reserves where needed (as in Argentina). Countries with export competitiveness challenges would benefit from productivity-raising reforms.
In economies where excess current account surpluses that existed before the crisis persist, prioritizing reforms that encourage investment and discourage excessive private saving are warranted. In economies with remaining fiscal space, a growth-oriented fiscal policy would strengthen economic resilience and narrow the excess current account surplus. In some cases, reforms to discourage excessive precautionary saving may also be warranted (as in Thailand and Malaysia) including by expanding the social safety net.
AUTHORS
Martin Kaufman, Assistant Director in the Strategy, Policy and Review Department, IMF
Daniel Leigh, Deputy Division Chief in the Western Hemisphere Department, IMF
Compliments of the IMF.

EACC

EU Cyber sanctions: time to act

Blog post by Josep Borrell, High Representative of the European Union for Foreign Affairs and Security Policy / Vice-President of the European Commission |
The Internet plays a vital role in our lives, which is why we need to protect ourselves against cyber-attacks. Today, the EU imposed its first-ever cyber sanctions, to defend its citizens and companies from cyber threats.
“We will not tolerate cyber-attacks: we have the tools to protect ourselves and the determination to use the them.”HR/VP Josep Borrell
Not many inventions have changed the lives of people as much as the Internet. It removes geographical barriers, connects billions of people with multiple devices and allows for communication and commerce at a global scale. People all over the world benefit from it. If I compare the opportunities that the Internet offers to me today with those I had when I was 20 years old, the gap is staggering.
However, the open, accessible and interconnected Internet that brings freedom, enhances our well-being and spurs economic growth, is being misused. States and non-state actors alike have realised that cyberspace and the Internet in particular are powerful tools to pursue malicious activities, including fraud, extortion, data theft or money-laundering. Many will remember cyber-attacks like WannaCry and NotPetya, which affected computers worldwide. Or they have heard about the problem of cyber-enabled theft of commercially sensitive data of companies. The Internet has also become an arena for ideological battles, the spread of disinformation and the theft of intellectual property, with some states increasingly using it to curtail liberties and advance their geopolitical goals.
So cyber threats are on the rise and in permanent evolution. A cyber-attack can leave a country crippled within seconds, causing electricity blackouts or navigational disruptions for international air and maritime transport. We see governments and political systems being destabilised through cyber-attacks and electoral interference. Its effects can be significant and irreversible, harming millions of people and putting the security and stability of our societies are at risk. This unfortunately is today’s reality. And we have even seen this happening during the Coronavirus pandemic, with attacks against hospitals and data centres, putting peoples’ lives as risk.
As EU we prioritise international cooperation and dialogue to tackle these malicious activities. In particular, we believe that respect for international law and the continued work in the United Nations on norms of responsible state behaviour is essential to maintaining international security and stability in cyberspace. However, some actors seem to undermine this important work and the achievements of the international community to date. This is unacceptable. We have repeatedly signalled our concerns and condemned these malicious cyber activities, warning those that undertake these activities, both publicly and privately.
Since 2017, the EU has put in place a comprehensive cyber diplomacy toolbox to prevent, deter and respond to malicious behaviour in cyberspace. One of its tools is the EU autonomous cyber-sanctions regime, adopted in 2019, which makes it possible to apply restrictive measures to persons and entities involved in significant cyber-attacks threatening the EU or its member states, regardless of nationality or the location of the perpetrator. Listings are also possible for attempted cyber-attacks, as well as for cyber-attacks against third states or international organisations. The restrictive measures are a travel ban and/or asset freeze. Moreover, EU persons and entities are forbidden from making funds available to those listed.
Today, for the first time, we have decided to make use of this sanctions regime by imposing travel bans and assets freezes against six individuals as well as assets freezes against three entities or bodies. They were involved in significant cyber-attacks, or attempted cyber-attacks against the EU and its member states.  These individuals and entities have been involved in cyber-attacks against companies located in the EU, such as those known as WannaCry, NotPetya, Operation Cloud Hopper or the attempted cyber-attack against the Organisation for the Prohibition of Chemical Weapons (OPCW).
“Today, for the first time, we have decided to make use of this sanctions regime by imposing travel bans and assets freezes against six individuals as well as assets freezes against three entities or bodies.”HR/VP Josep Borrell
These targeted measures will ensure that those individuals and entities are held accountable for their actions. They send a strong message to the world that we will not tolerate such cyber-attacks: we have the tools to protect ourselves and the determination to use them.
We will of course continue to push for international cooperation to build a global, open, stable, peaceful and secure cyberspace, including by reducing the ability of potential perpetrators to misuse cyberspace. For decades, the EU has invested significantly in increasing global cyber resilience and tackle cybercrime through our capacity building programmes – and we will continue to do so. Advancing international security and stability will remain our priority so that everyone can reap the benefits that the Internet and the use of technologies provide.
Everyone has a responsibility and we call on all actors to step up efforts to prevent cyber-attacks from happening. With today’s decision, the EU has shown it is ready to do its part and the wider efforts continue.
Compliments of the Delegation of hte European Union to the United States.

EACC

Mergers: EU Commission opens in-depth investigation into the proposed acquisition of Fitbit by Google

The European Commission has opened an in-depth investigation to assess the proposed acquisition of Fitbit by Google under the EU Merger Regulation. The Commission is concerned that the proposed transaction would further entrench Google’s market position in the online advertising markets by increasing the already vast amount of data that Google could use for personalisation of the ads it serves and displays.
Executive Vice-President Margrethe Vestager, responsible for competition policy, said: “The use of wearable devices by European consumers is expected to grow significantly in the coming years. This will go hand in hand with an exponential growth of data generated through these devices. This data provides key insights about the life and the health situation of the users of these devices. Our investigation aims to ensure that control by Google over data collected through wearable devices as a result of the transaction does not distort competition.”
The Commission’s preliminary competition concerns
Following its first phase investigation, the Commission has concerns about the impact of the transaction on the supply of online search and display advertising services (the sale of advertising space on, respectively, the result page of an internet search engine or other internet pages), as well as on the supply of ”ad tech” services (analytics and digital tools used to facilitate the programmatic sale and purchase of digital advertising). By acquiring Fitbit, Google would acquire (i) the database maintained by Fitbit about its users’ health and fitness; and (ii) the technology to develop a database similar to Fitbit’s one.
The data collected via wrist-worn wearable devices appears, at this stage of the Commission’s review of the transaction, to be an important advantage in the online advertising markets. By increasing the data advantage of Google in the personalisation of the ads it serves via its search engine and displays on other internet pages, it would be more difficult for rivals to match Google’s online advertising services. Thus, the transaction would raise barriers to entry and expansion for Google’s competitors for these services, to the ultimate detriment of advertisers and publishers that would face higher prices and have less choice.
At this stage of the investigation, the Commission considers that Google:
  is dominant in the supply of online search advertising services in the EEA countries (with the exception of Portugal for which market shares are not available);
holds a strong market position in the supply of online display advertising services at least in Austria, Belgium, Bulgaria, Croatia, Denmark, France, Germany, Greece, Hungary, Ireland, Italy, Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, in particular in relation to off-social networks display ads ;
holds a strong market position in the supply of ad tech services in the EEA.
The Commission will now carry out an in-depth investigation into the effects of the transaction to determine whether its initial competition concerns regarding the online advertising markets are confirmed.
In addition, the Commission will also further examine:
the effects of the combination of Fitbit’s and Google’s databases and capabilities in the digital healthcare sector, which is still at a nascent stage in Europe; and
whether Google would have the ability and incentive to degrade the interoperability of rivals’ wearables with Google’s Android operating system for smartphones once it owns Fitbit.
During the initial investigation, the Commission has been closely cooperating with competition authorities around the world, as well as with the European Data Protection Board. The Commission will continue this cooperation also during the in-depth investigation.
The transaction was notified to the Commission on 15 June 2020. Google submitted commitments to address the Commission’s concerns on 13 July 2020. The commitment consisted in the creation of a data silo, which is a virtual storage of data, where certain data collected through wearable devices would have been kept separate from any other dataset within Google. The data in the silo would have been restricted from usage for Google’s advertising purposes. However, the Commission considers that the data silo commitment proposed by Google is insufficient to clearly dismiss the serious doubts identified at this stage as to the effects of the transaction. Among others, this is because the data silo remedy did not cover all the data that Google would access as a result of the transaction and would be valuable for advertising purposes.
The Commission now has 90 working days, until 9 December 2020, to take a decision. The opening of an in-depth inquiry does not prejudge the final result of the investigation.
Companies and products
Google is an American multinational technology company active in a wide range of product areas including online advertising technology, internet search, cloud computing, software, and hardware. Amongst other products and services, Google develops licensable operating systems for smartphones and smartwatches, as well as applications, such as a health and fitness application. The company also offers IT and information/research services for the healthcare industry. Google derives a significant majority of its revenues from online advertising via its internet search engine.
Fitbit is an American company active in the development, manufacturing and distribution of wearable devices (both smartwatches and fitness trackers) and connected scales in the health and wellness sector, as well as in the supply of related software and services.
Merger control and procedure
The Commission has the duty to assess mergers and acquisitions involving companies with a turnover above certain thresholds (see Article 1 of the Merger Regulation) and to prevent concentrations that would significantly impede effective competition in the EEA or any substantial part of it.
The vast majority of notified mergers do not pose competition problems and are cleared after a routine review. From the moment a transaction is notified, the Commission generally has 25 working days to decide whether to grant approval (Phase I) or to start an in-depth investigation (Phase II).
In addition to the current transaction, there are currently six on-going Phase II merger investigations: the proposed acquisition of Chantiers de l’Atlantique by Fincantieri, the proposed acquisition of GrandVision by EssilorLuxottica, the proposed acquisition of DSME by HHiH, the proposed acquisition of Transat by Air Canada, the proposed acquisition of Refinitiv by London Stock Exchange Group and the proposed merger of PSA and FCA.
More information will be available on the Commission’s competition website, in the Commission’s public case register under the case number M.9660.
Compliments of the European Commission.

EACC

Statement by Executive VP of the EU Commission Margrethe Vestager to the U.S. Committee on the Judiciary Subcommitte on Antitrust, Commercial and Administrative Law

In her written statement to the House Judiciary subcommittee on antitrust, Executive Vice President of the European Commission Margrethe Vestager warns that if digital platforms act unchecked, they can cause significant harm to competition, innovation and ultimately to consumers.
Read her statement here: STATEMENT BY MARGRETHE VESTAGER TO THE UNITED STATES HOUSE OF REPRESENTATIVES
Compliments of Delegation of the European Union to the United States.

EACC

EACCNY #COVID19 Impact Stories from Our Members – Consulate General of Denmark in New York

Together with our members we are creating a Video series of first-hand accounts of the Pandemic’s impact, both personally & professionally.

We invite you to join us today for a first-hand look at the impact of the global shutdown following the Coronavirus (COVID-19) outbreak – Today we are featuring Mikkel Hagen Hess, Acting Consul General of Denmark in New York a Member of the EACCNY.
The questions we asked our members for this series are:1) What are some challenges you, personally and your organization have faced?2) What are some of the most surprising (positive, innovative) responses/changes you have witnessed?3) How will this experience change us going forward, as a society and in terms of how we do business?