EU taxation of multinationals—bypassing the unanimity blockage – by Tommaso Faccio and Francesco Saraceno

he French car-service company Heetch recently displayed an advertising campaign on the streets of Paris (see photo), which proudly affirmed its presence in many French cities but not in Luxembourg—a clear allusion to the tax headquarters of some of its competitors. The fact that ‘paying taxes in France’ has become a commercial argument shows that the issue of corporate avoidance is rising up the public agenda in many countries.

Yet the G20 process on taxing digital firms and introducing a global minimum tax to limit tax competition, led by the Organisation for Economic Co-operation and Development, failed to reach consensus in 2020, mostly because of determination by the United States to protect its digital giants. The European Commission has made clear that, were the G20 to fail to deliver a global solution by mid-2021, it will act. But the EU is stuck between a rock—the US position will likely not change with the new administration—and a hard place: its own tax havens.

Read more at: EU taxation of multinationals—bypassing the unanimity blockage – Tommaso Faccio and Francesco Saraceno

EU-Britain Relations: Brexit: EU, UK finally clinch ′historic′ trade deal

he United Kingdom and the European Union have agreed to a post-Brexit free trade deal, sealing the UK's exit from the bloc, the UK government and EU announced on Thursday.

EU Commission chief Ursula von der Leyen said at a press conference on Thursday that: "It was a long and winding road, but we have a good deal to show for it."

The UK Prime Minister Boris Johnson tweeted an image of himself in front of a British flag with his thumbs up. The picture was accompanied by the text: "The deal is done."

Read more at: Brexit: EU, UK finally clinch ′historic′ trade deal | News | DW | 24.12.2020

European Migration Agreement:

Key EU countries agree on sea migrant redistribution scheme

Read more at:
https://p.dw.com/p/3Q6GI

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North-Korea - US Summit: Full text of the U.S.-North Korea agreement signed by Trump and Kim

President Donald Trump and North Korean leader Kim Jong Un signed an agreement after their nuclear summit on Singapore on Tuesday. Here's the full text of the document, as released by the White House.

President Donald J Trump of the United States of America and Chairman Kim Jong Un of the State Affairs Commission of the Democratic People’s Republic of Korea (DPRK) held first historic summit in Singapore on June 12, 2018.

"President Trump and Chairman Kim Jong Un conducted a comprehensive in-depth and sincere exchange of opinions on the issues related to the establishment of new US-DPRK relations and the building of a lasting an robust peace regime on the Korean Peninsula. President Trump committed to provide security guarantees to the DPRK, and Chairman Kim Jong Un reaffirmed his firm and unwavering commitment to complete denuclearization of the Korean peninsula.

Convinced that the establishment of new US-DPRK relations will contribute to the peace and prosperity of the Korean peninsula and of the world, and recognizing that mutual confidence building can promote the denuclearization of the Korean Peninsula, President Trump and Chairman Kim Jong Un state the following:

1. The United States and the DPRK commit to establish new US-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity
2. The United States and the DPRK will join their efforts to build a lasting and stable peace regime on the Korean Peninsula
3. Reaffirming the April 27, 2018 Panmunjom Declaration, the DPRK commits to work toward complete denuclearization of the Korean Peninsula
4. The United States and the DPRK commit to recovering POW/MIA remains, including the immediate repatriation of those already identified.

Having acknowledged that the US-DPRK summit — the first in history — was an epochal event of great significance in overcoming decades of tensions and hostilities between the two countries and for the opening up of a new future, President Trump and Chairman Kim Jong Un commit to implement the stipulation in this joint statement fully and expeditiously.

The United States and the DPRK commit to hold follow-on negotiations, led by the US Secretary of State, Mike Pompeo, and a relevant high-level DPRK official, at the earliest possible date, to implement the outcomes of the US-DPRK summit.

President Donald J Trump of the United States of America and Chairman Kim Jong Un of the State Affairs Commission of the Democratic People’s Republic of Korea have committed to cooperate for the development of new US-DPRK relations and for the promotion of peace, prosperity, and security of the Korean Peninsula and of the world".

Note EU-Digest: Apart from being a PR Photo-Op; for a ruthless oppressive dictator, who has killed not only many of his own citizens, but also family members, and an ego-maniac President, this so-called "agreement" basically only reaffirms earlier US -North Korea agreements, and certainly does not deserve for Mr. Trump to get a Nobel Peace prize.

Read more: Full text of the U.S.-North Korea agreement signed by Trump, Kim

Germany: EU relieved after Merkel clinches grand coalition deal - by Eric Maurice

Germany's Christian Democratic Union (CDU/CSU) and Social Democratic Party (SPD) concluded a coalition agreement on Wednesday (7 February), taking a step closer to ending a five-month long period of political limbo in Berlin.

The deal, under which the two partners will share what they considered as the most crucial ministries for themselves, will however to be approved by SPD members in the coming weeks.

Chancellor Angela Merkel's Christian Democrats will occupy the ministries of interior, defence, agriculture, economy and health.

The sensitive interior portfolio - with the management of migration policies - was expected to go to Horst Seehofer, the leader of the CSU, the CDU's Bavarian branch. Seehofer, a hardliner, has been one of the main opponents of Merkel's migration policy since 2015.

Peter Altmeier, one of Merkel's closest allies, and finance minister since September, was expected to become economy and energy minister.



The finance ministry has been attributed to the SPD, with Hamburg's mayor Olaf Schorf being the favourite for the post, also as vice-chancellor.



Social Democrats will also get the ministries of labour and social affairs, justice, as well as foreign affairs for Martin Schulz, Merkel's opponent in the elections last September.


Schulz meanwhile will quit the SPD leadership and be replaced by Andrea Nahles, the leader of the party's group in the Bundestag.

Read more:  - EU relieved after Merkel clinches grand coalition deal

Refugee Centers in Europe: "Turkey only sending lower qualified people to Europe"

The German weekly "der Spiegel" reported that most of the Syrian Refugees passed through to the EU, as part of the new agreement between Turkey and the EU,are either very poorly qualified or sick.

Prior to the deal between Turkey and the EU, when the UNHCR was handling the selection, the nunber of skilled and highly qualified people entering the EU was far higher.

"Now that Turkey is doing the selecting, the refugee election process has become quit nebulous", says the German advocay group Pro-Asyl.

Almere-Digest  

EU Privacy Laws: EU Commission and USA agree on new framework for transatlantic data flows: EU-US Privacy Shield

EU-US Agreement - Transatlantic Data flows

The College of EU Commissioners recently  approved the political agreement reached and has mandated Vice-President Ansip and Commissioner Jourová to prepare the necessary steps to put in place the new arrangement. This new framework will protect the fundamental rights of Europeans where their data is transferred to the United States and ensure legal certainty for businesses.

The EU-US Privacy Shield reflects the requirements set out by the European Court of Justice in its ruling on 6 October 2015, which declared the old Safe Harbour framework invalid. The new arrangement will provide stronger obligations on companies in the U.S. to protect the personal data of Europeans and stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission (FTC), including through increased cooperation with European Data Protection Authorities.

The new arrangement includes commitments by the U.S. that possibilities under U.S. law for public authorities to access personal data transferred under the new arrangement will be subject to clear conditions, limitations and oversight, preventing generalised access. Europeans will have the possibility to raise any enquiry or complaint in this context with a dedicated new Ombudsperson.

Vice-President Ansip said: "We have agreed on a new strong framework on data flows with the US. Our people can be sure that their personal data is fully protected. Our businesses, especially the smallest ones, have the legal certainty they need to develop their activities across the Atlantic. We have a duty to check and we will closely monitor the new arrangement to make sure it keeps delivering. Today's decision helps us build a Digital Single Market in the EU, a trusted and dynamic online environment; it further strengthens our close partnership with the US. We will work now to put it in place as soon as possible."

Commissioner Jourová said: "The new EU-US Privacy Shield will protect the fundamental rights of Europeans when their personal data is transferred to U.S. companies. For the first time ever, the United States has given the EU binding assurances that the access of public authorities for national security purposes will be subject to clear limitations, safeguards and oversight mechanisms. Also for the first time, EU citizens will benefit from redress mechanisms in this area. In the context of the negotiations for this agreement, the US has assured that it does not conduct mass or indiscriminate surveillance of Europeans. We have established an annual joint review in order to closely monitor the implementation of these commitments."

The new arrangement will include the following elements:

• Strong obligations on companies handling Europeans' personal data and robust enforcement: U.S. companies wishing to import personal data from Europe will need to commit to robust obligations on how personal data is processed and individual rights are guaranteed. The Department of Commerce will monitor that companies publish their commitments, which makes them enforceable under U.S. law by the US. Federal Trade Commission. In addition, any company handling human resources data from Europe has to commit to comply with decisions by European DPAs.

• Clear safeguards and transparency obligations on U.S. government access: For the first time, the US has given the EU written assurances that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms. These exceptions must be used only to the extent necessary and proportionate. The U.S. has ruled out indiscriminate mass surveillance on the personal data transferred to the US under the new arrangement. To regularly monitor the functioning of the arrangement there will be an annual joint review, which will also include the issue of national security access. The European Commission and the U.S. Department of Commerce will conduct the review and invite national intelligence experts from the U.S. and European Data Protection Authorities to it.

• Effective protection of EU citizens' rights with several redress possibilities: Any citizen who considers that their data has been misused under the new arrangement will have several redress possibilities. Companies have deadlines to reply to complaints. European DPAs can refer complaints to the Department of Commerce and the Federal Trade Commission. In addition, Alternative Dispute resolution will be free of charge. For complaints on possible access by national intelligence authorities, a new Ombudsperson will be created.

Next steps
The College has today mandated Vice-President Ansip and Commissioner Jourová to prepare a draft "adequacy decision" in the coming weeks, which could then be adopted by the College after obtaining the advice of the Article 29 Working Party and after consulting a committee composed of representatives of the Member States. In the meantime, the U.S. side will make the necessary preparations to put in place the new framework, monitoring mechanisms and new Ombudsman.

Background
On 6 October, the Court of Justice declared in the Schrems case that Commission’s Decision on the Safe Harbour arrangement was invalid. The judgment confirmed the Commission's approach since November 2013 to review the Safe Harbour arrangement, to ensure in practice a sufficient level of data protection as required by EU law.

On 15 October, Vice-President Ansip, Commissioners Oettinger and Jourová met business and industry representatives who asked for a clear and uniform interpretation of the ruling, as well as more clarity on the instruments they could use to transfer data.

On 16 October, the 28 national data protection authorities (Article 29 Working Party) issued a statement on the consequences of the judgment.

On 6 November, the Commission issued guidance for companies on the possibilities of transatlantic data transfers following the ruling until a new framework is put in place.

On 2 December, the College of Commissioners discussed the progress of the negotiations. Commissioner Jourová received a mandate to pursue the negotiations on a renewed and safe framework with the US.

Almere-Digest

France: COP21 climate change summit reaches deal in Paris

A deal to attempt to limit the rise in global temperatures to less than 2C has been agreed at the climate change summit in Paris after two weeks of negotiations.

The pact is the first to commit all countries to cut carbon emissions.

The agreement is partly legally binding and partly voluntary.

Earlier, key blocs, including the G77 group of developing countries, and nations such as China and India said they supported the proposals.

President of the UN climate conference of parties (COP) and French Foreign Minister Laurent Fabius said: "I now invite the COP to adopt the decision entitled Paris Agreement outlined in the document.

"Looking out to the room I see that the reaction is positive, I see no objections. The Paris agreement is adopted."

Read More: COP21 climate change summit reaches deal in Paris - BBC News

EU Migration Control Agreement: Juncker’s migration summit leads to 17-point plan - by Dan Alexe

After an exhausting leaders’ meeting on Sunday, just after midnight, Jean-Claude Juncker announced that the leaders agreed in Brussels on a 17-point plan of operational measures.

These start with a permanent exchange of information, including submitting joint needs assessments for EU support within 24 hours, going to increasing Greece’s reception capacity to 30,000 places by the end of the year, and to support UNHCR to provide rent subsidies and host family programmes for at least 20,000 more – a pre-condition to make the emergency relocation scheme work; Financial support for Greece and UNHCR is expected.

Attending the leaders’ meeting were the Heads of State or Government of Austria, Bulgaria, Croatia, the former Yugoslav Republic of Macedonia, Germany, Greece, Hungary, Romania, Serbia and Slovenia.

The approved plan asks that Balkan and eastern European countries should stop allowing asylum seekers to pass through to other neighbouring countries without first securing agreement from those neighbours.

Countries should thus be asked to stop waving through migrants without the agreement of their neighbours. The question is how this could be done ensured on the ground, beyond the political declarations of good will and solidarity.

Some participants were very pessimistic. The EU will “start falling apart” if it fails to take concrete action to tackle the refugee crisis within the next few weeks, the Slovenian prime minister, Miro Cerar, warned. Slovenia, a country of 2 million people, has seen the arrival of more than 60,000 refugees in recent days.

At the press conference following the meeting, Jean-Claude Juncker and Angela Merkel did not give details how the transition, the flow of people, will be managed, and how will migrants be spread and divided among the EU member states “with dignity” and in a “humane manner”
.
The final statement also reconfirmed the principle “that a country may refuse entry to third-country nationals who, when presenting themselves at border crossing points, do not confirm a wish to apply for international protection” — meaning that those who do not declare the intention to apply for the status of a refugee could be refused entry immediately at the border.

The EU has already dedicated four summits to migration since the summer but many member states are lagging behind on their promises.

Only around 80 asylum seekers from Italy out of a target total of 160,000 have so far been relocated. Greece has yet to dispatch any.

The President of the European Council, the Luxembourg Presidency of the Council of the EU and the United Nations High Commissioner for Refugees also took part.

Read more: Juncker’s migration summit leads to 17-point plan