Archive for the ‘Competition’ Category

Ten year strategy must be blueprint for change

Sunday, January 10th, 2010

In his first major initiative since taking up his new role on January 1 2010, European Council president Herman Van Rompuy has convened a summit for February 11 to prepare for the 2020 Strategy, a ten year programme for creating a more competitive Europe. But can these plans really achieve anything? Only if they lay the groundwork for far-reaching change and adaptation.

It was of course the 2000 Lisbon Agenda which set out the first Ten Year Plan for the economic regeneration of the European Union. Who can forget the famous hostage to fortune, that Europe should become the world’s most competitive and dynamic knowledge-based economy by 2010?

The Lisbon Agenda was a creature of its time. The millennium dot-com boom was still booming, the digital revolution was expected to transform society. There was much talk of a new paradigm. Just as soaring stock markets ignored traditional industries in favour of the new, so the Lisbon Agenda envisaged old industries giving way to a new economy of high-tech research-based business creating employment and opening unbounded opportunities for the people.

It was not to be. The collapse of the dot-com dream was a disastrous start for Lisbon. The anticipated growth in output and jobs from the “new economy” proved an illusion. The industries which were expected to deliver a new world foundered in mountains of debt and disillusionment. No surprise then that all those early hopes were dashed.

Yet by the start of 2008 Europe’s economy had picked up. Enlargement had given a great boost and there were signs that governments were bringing more flexibility to their economies, for instance on tax policy and entrepreneurship, where the Lisbon process encouraged many member states to facilitate the creation and expansion of small firms.

Employment participation had gone up from 62.2 per cent of the potential workforce to 65.9 per cent, not yet to the 70 per cent Lisbon target, but certainly an improvement. The growth rate was improving, at 3.2 per cent in 2006 and 2.9 per cent in 2007 – compared with the 3 per cent Lisbon aim.

EU policy-making had made progress too, opening up sectors like telecoms and financial services. The new technologies had become deeply entrenched in traditional industries.

Then came the banking crisis. Collapsing output and rising unemployment have been the consequence and it is clear that the Lisbon targets have been hopelessly missed. Growth slumped to 0.8 per cent in 2008. Economic prospects for 2010 and 2011 look pretty gloomy.

So can Ten Year Plans really achieve anything? I see that Spanish prime minister José Luis Rodriguez Zapatero believes the Lisbon Agenda to be too soft. He wants the adoption of new policies which are binding on the member states, with power for the European Commission to penalise countries which fail to apply them.

This is tough talk, which would be linked with a formalised European economic policy, maybe beginning within the Euro Group. President Sarkozy is a keen supporter of this approach. Angela Merkel is definitely not. It contrasts with the soft policy philosophy of Lisbon which relied on peer pressure, search for best practice and an emphasis on opening up markets and stimulating research.

There is no doubting the challenge which Europe faces as it emerges from the recession. It strikes me that the biggest priority for a 2020 Strategy is to spell out the need for change and identify the hard choices for achieving it. Wealth creation must be the absolute priority. Europe’s industries face huge competitive pressures from countries like China and India at the same time that public spending faces increasing demands from an ageing population.  It won’t be easy to find common ground. A good test for Mr Van Rompuy indeed!

Barroso on the spot before European Council nomination

Monday, June 15th, 2009

People have been grumbling over the last year or so that Barroso’s presidency of the European Commission has been too much influenced by hope of a second term, and that he has leant over backwards not to upset the big member states. I’m not convinced of the evidence for that, but the Commission president has certainly been put on the spot now.

The European Council is expected to give its provisional endorsement for Barroso’s reappointment later this week, but President Sarkozy has threatened that this decision is conditional on the candidate’s good behaviour. Indeed, the French president says that the appointment might need further confirmation after the coming into force of the Lisbon Treaty, when ratification in the European Parliament would require a majority of members and not just a simple majority of those voting.

When Sarkozy and Chancellor Angela Merkel gave their conditional approval to Barroso on June 11 they were speaking from a position of strength following their strong showing in the European Parliament elections, in dramatic contrast to British prime minister Gordon Brown who could hardly be weaker and whose party suffered a bitter defeat in the polls.

So what does Sarkozy want? Tighter regulation of financial markets for one thing, with stricter regulation, for instance of hedge funds, derivatives markets and rating agencies. He wants policies which at least purport to show that the era of Anglo-Saxon dominance of these markets, which many perceive as the root cause of the recession, has been weakened for good.

Commission proposals based on the Larosière Report may not go far enough for Sarkozy, although the Brits are fiercely opposed to giving responsibility to the European Central Bank for the European Systemic Risk Council, while firms in the City of London run an intense campaign claiming that new rules will impose unacceptable constraints on their business and force them to move outside the EU.

The broader concern of the French president will relate to the nominations and portfolios of commissioners.  The internal market job, including financial services, is a key one. Competition policy is another. Neither Charlie McCreevy nor Neelie Kroes are favourites of Sarkozy. Barroso will have to tread carefully in selecting candidates for a new college.

The approach of the newly elected European Parliament raises other doubts. Will MEPs choose to await ratification of Lisbon before endorsing anyone as Commission president? Will Barroso achieve the simple majority he needs if there’s a July vote? And where will the Conservatives stand with their 25 GB plus two Ulster seats? If they don’t vote for Barroso, for whom will they vote?
The Conservative position could be especially crucial in the debates over the new financial services legislation, when the Commission’s new proposals come to the Parliament during the forthcoming autumn and through 2010.

As a group outside the EPP the Conservatives are likely to forfeit any influence they might have had in shaping policy towards light touch regulation – an influence which was extremely strong in the previous Parliament.  There will no doubt be those within the EPP who will be inclined towards tougher regulation. Without the presence of the Conservatives their views may well prevail, carrying the group with them. It would certainly be a strange irony if the defection of the Conservatives from the EPP played directly into the hands of the French President!

Larosière report to bring comfort to the Commission?

Thursday, February 26th, 2009

In the next few days the European Commission will tell us how Europe’s regulatory regime for financial services should be reformed in the aftermath of the credit crisis. As a starting point the Commission has the report from Jacques de Larosière’s taskforce, which was commissioned by President Barroso last October and published earlier this week.

No doubt this report will give comfort to the Commission, for it spells evolution not revolution, recognises the limited competence of EU institutions in financial supervision and does not seek to impose new pan-European powers for regulating the sector. It will be a useful antidote against those (including governments) who want a much more aggressive approach to financial services regulation.

Alan Greenspan recently admitted that as chairman of the Fed his basic assumption was that the self interest of banks and bankers ensured that they would never do anything which ran counter to their own long-term commercial advantage. This assumption was key to Greenspan’s light-handed approach to regulation, as it was for most governments and regulators across the globe.

How wrong they were! The general assumption these days seems to be quite the opposite. That’s hardly surprising, given the fine mess which financial engineering has got us into. Both the regulators and the practitioners failed because each depended on the other.

Just take the example of the individual misjudgements revealed in the $50bn collapse of the Madoff funds. Investment firms trusted the regulators to guarantee compliance, while the regulators trusted the investors to do their due diligence. (How Charles Dickens would have jumped at the chance to create a Mr Madoff as one of his characters!).

Everyone is now seeking a new model for financial supervision and regulation. President Obama is pressing Congress to approve a tougher regulatory framework to protect consumers and investors; the April G-20 meeting in London will discuss a stricter global regulatory regime; and Europe is wrestling with the perennial question: should financial regulation be managed nationally or at the European level?

Lamfalussy and the Financial Services Action Plan sought to close this argument, constructing a sharing of the burden between EU legislation and national implementation. Jacques de Larosière’s taskforce goes down a similar road. It rejects the idea of a pan-European regulator, but would create a European Systemic Risk Council (ESRC) chaired by the ECB president and consisting of the ECB general council, one Commissioner and the chairs of each pan-EU committee on banking, insurance and investment services.

The ESRC’s fundamental task would be “macro-prudential supervision” – essentially to keep an eye on the big picture (but not the regulation of individual firms) and to warn of troubles ahead. It might bring the ECB closer to the heart of economic policy making, with enhanced influence, but no teeth as far as I can see.

At the level of individual firm supervision, a European System of Financial Supervisors (ESFS) would give a stronger European dimension to the activities of national regulators, although it would still be the competent authorities of member states which retained the power to act, subject to the FSAP legislation. There is an interesting contrast with European competition policy, where the anti-trust powers of the Commission provide the backing to ensure coherence between national authorities in the European Competition Network.

De Larosière’s report is no root-and-branch reform. It advocates greater co-ordination and co-operation but no real transfer of power. It recommends that supervision should be extended to those currently unsupervised financial institutions with “potential systemic risk” such as some hedge funds, more clarity for dealing with cross-border banking failure (the Fortis case), greater national supervision of credit agencies and a big commitment to the IMF for dealing with the global context.

In his introduction to the report De Larosière sets out the choice:  “chacun pour soi” beggar-thy-neighbour solutions; or the second – enhanced, pragmatic, sensible European co-operation for the benefit of all to preserve an open world economy” . Barroso described the report as “balanced and rich” which I guess makes it a good trailer for the Commission’s forthcoming proposals.

Flowers for France’s presidency, brickbats for the Commission

Thursday, December 18th, 2008

It seems that France has had a good presidency. It could hardly have been a more challenging one, but despite the occasional sniff of folie de grandeur, President Nicolas Sarkozy has proved to be the man of the hour, with the élan needed to make things happen.

Foreign minister Bernard Kouchner and finance minister Christine Lagarde have also been key players. The French presidency’s handling of the Georgia crisis reinforced Europe’s diplomatic credibility, while the EU’s response to the economic crisis has been forceful and surprisingly coherent. “If people thought there was no such thing as a political Europe, well here it is” says Kouchner.

Time magazine even made Sarkozy runner-up (behind Obama) as 2008 Person of the Year – and asked Tony Blair to write an appreciation  just as speculation mounts as to who might be the EU president if the Lisbon Treaty comes into effect by the end of 2009. Should we put two and two together?

The dynamism of the French presidency has apparently raised questions about the effectiveness of the European Commission.  It is accused on the one hand of becoming just a secretariat of the Council and on the other of being too bureaucratic (independent?) in applying state aid policy.

I suspect that Commissioner Kroes’ insistence on the Commission’s task in controlling state aid has run up against the desperate urgency of governments to rescue their banks in the face of  the credit crunch.  DG Competition is always the bugbear of governments in times of economic crisis.

In fact there is bound to be a long-term rebalancing in the relative strength of the different EU institutions.  As the legislative programme diminishes and the Union’s political capabilities and ambitions expand, so the Commission (and the Parliament) will lose power to the Council. The Commission’s role becomes less that of policy driver and more that of policy manager, administering the budget and acting as policeman for Community rules.

On the economic side, the Commission’s role has always been strictly limited, even within the eurozone. Let’s not forget: first it was told to develop a stability and growth pact, then it was asked to produce a fudge when France and Germany crashed through the barriers. Economic policy in the EU essentially remains the preserve of national governments.

Of course the Commission still has a key policy role. The year ends with agreement on quite a package: a European Economic Recovery Plan totalling €200 billion, which includes an extra €30 billion in ECB loans; approval of the energy and climate change bundle; the basis for new regulatory regimes for telecoms and energy; likely agreement on a European defence procurement market to replace the current chequerboard of separate national markets; and, yes, a relaxing of state aid rules on funding of SMEs.

The Commission has been the prime mover in most of these areas even if it has not always achieved all it set out to.

As for the Lisbon Treaty, Ireland has been offered a formula which might persuade the Irish to allow ratification by this time next year.

Promises, promises. Next year will test how much can really be delivered. A European recession is likely to put great strain on EU solidarity as sectors like the motor industry are threatened by collapsing sales, unemployment rises and individual countries face major crises in their economies. Global negotiations over climate change will culminate in Copenhagen next December, but will the EU still be speaking – and acting – with a single voice?

And I wonder how a divided Czech leadership will manage the presidency ahead. Can Good King Wenceslas tread in the footprints of his French predecessor as we move into the Obama era?

Council scuppers transfer of telecoms power to Brussels

Sunday, November 30th, 2008

It seems that any major transfer of power from the national level to the European Commission for EU telecoms regulation has been scuppered by the Council of Ministers.

Commissioner Reding had threatened ten days ago to withdraw Commission proposals if ministers refused to go along with them, but the Council’s political agreement on November 27 was unanimous (albeit with abstentions by the Dutch, the Swedes and the Brits), so will form the basis of negotiations with the European Parliament. Gone are the proposed Commission veto on decisions by national regulators, the extensive liberalisation of spectrum access and the functional separation between network and services.

The Commissioner accepted the deal philosophically after what she described as a “constructive crisis” in the Council  – I suppose the political equivalent of “creative destruction”.

It was not all bad news for Viviane Reding. She did win agreement on a price ceiling for roaming text messages (€0.11 as from July 2009 compared with the current average of €0.29) and for data transfer. The price limits on voice calls was also extended by three years to 2013 and the mobile operators must switch to charging by the second.

We can forget about EECMA, IRG and ERG. Assuming that Parliament and Council can agree a compromise – which is essential if legislation is to be agreed before European elections – we will have a new friend called GERT (Group of European Regulators in Telecoms). GERT will remain a private body rather than an EU entity and the Commission will have only limited powers to contest decisions by national regulators after taking “utmost account of the opinion of the GERT before issuing a decision and/or issuing a opinion”.

The tension between regulation and competition policy has been quite a feature of the whole debate and I was interested to see that the Council states its aim to progressively reduce ex ante sector-specific rules (ie regulation) “as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only”. Music to the ears of the mobile companies no doubt, but it’s still a distant harmony.

The prospect of agreement on a telecoms package echoes progress which has been made on energy liberalisation. The Council reached agreeement in October and we now await second reading in Parliament. Here too proposals for unbundling have been blocked by the Council (although Parliament is in favour), whereas the idea of a European regulator has been welcomed – so much so that Commissioner Piebalgs is pressing for an organisation with teeth.

The Barroso Commission set its sights high in its proposals for liberalising these key sectors and has been forced to abandon some of its most ambitious objectives, but at least it seems probable that new legislation will be on the books by next June which will mark a step towards more open markets.

Reding plays hardball over telecoms regulation

Tuesday, October 28th, 2008

So Commissioner Viviane Reding has decided to play hardball over telecoms reform. Some weeks ago we discussed how the Commission’s proposed telecoms package would hand over extensive new powers to Brussels.

The European Parliament watered down these proposals in first reading, but it seems that the revised version to be sent to the Council gives little ground on the core issue.

As if to remind the member states just how hopeless their regulators can be, the Commission has demanded that the Belgian regulator should do something about Belgacom.

Belgium’s incumbent operator has retained the lion’s share of residential telecoms business despite a liberalised market and has actually increased its market share for business users by value and by volume.

The message seems to be that competition policy has not done its job. The Commission wants action. This is regulation, raw in tooth and claw. What’s more, it enhances the Commission’s image as defender of the consumer – excellent public relations which build on Reding’s assault on the mobile operators’ text and roaming charges.

In last week’s Venice speech to the incumbent operators Reding set out her philosophy quite clearly, emphasising that the virtues of regulation had recently become rather widely recognised in the context of the credit crisis. No apologies there, then.

So the Commission has given little to the Parliament on the issue of control. The main change to her proposals seems to be the creation of an Office for the European Telecoms Regulators (OETR) managed by a 12-strong board, half of them appointed by the Commission and half by member states. The European Regulatory Group (ERG) would apparently have an advisory role and the Commission would retain a veto over the decisions of national regulators, albeit with some OETR involvement.

Some loss leaders have been abandoned or modified, such as previous proposals on network security, spectrum and policing of the internet, but when telecoms ministers meet on November 27 we can expect some fierce skirmishing in defence of national regulators before a qualified majority can be achieved, and maybe further hastily convened Council meetings before the end of the French  presidency.

The package is scheduled to go to second reading in the Parliament in April 2009. The question for Reding is, can she get such a tough package through before the June elections?

Force of the credit crisis drives EU forward

Monday, October 20th, 2008

There are tentative signs that the dust is beginning to settle after the last few hyperactive weeks, with signs that world leaders have mounted an effective response to the credit crisis. Inter-bank lending seems to be recovering, stock markets appear more stable and the outline of a global approach is beginning to show, following three weeks of frantic decision-making at national, European and at global levels.

As so often happens, it is the force of this crisis which is driving Europe forward. The EU landscape has changed in many ways in the last three weeks.  Its political position has been strengthened. There is no question that President Bush’s invitation to Presidents Sarkozy and Barroso to dine with him in Washington last weekend and their joint commitment to a series of global summits must mean that the EU can now claim a real voice in international monetary affairs.

The crisis may be labelled “Made in America”, but its repercussions across the world have made a pan-European approach essential.  Never have the implications of globalisation been so clearly demonstrated. Any unilateral country-by-country response, such as the Irish and German proposals on deposit protection, met with a storm of protest.

One curious consequence of the crisis is the transformed relationship between the eurozone and the UK. We used to argue that Britain should adopt the euro lest the UK be excluded from the Eurogroup of countries and so lose influence.  How ironical, then, that Gordon Brown should be invited to attend the euro summit on October 12 and become the hero of the hour, transformed into Flash Gordon with his (or rather Chancellor Darling’s) three point model for underwriting inter-bank lending, recapitalising the banks and protecting savers. Brown even takes his place in the family photo of the 15 eurozone ministers!

You could argue that it was precisely the UK’s independence of the euro which made the UK’s actions possible, but taking these drastic measures if everyone else was doing nothing would have been highly risky for the Brits. Incidentally, I wonder how much liquidity the UK’s major banks have received from the ECB since this crisis began. There’s even more interdependence here than meets the eye.

Of course the eurozone’s response to the Brown plan had to be political rather than legal, relying on common commitments and national measures rather than new EU legislation. It is only national governments which have the resources and the legal power to underpin their banks’ capital base.

The attention must now shift to the legislation to be adopted across various institutions to avoid any repetition of the crisis.

The Commission has already put forward a new proposal to safeguard depositors up to €100,000 per person, replacing the current €20,000 limit. Will this apply in Iceland, I wonder, under EEA rules?  Stronger regulatory measures have been proposed for banks and insurance companies and guidelines on state aid for guaranteeing deposits and bailing out banks have been issued by the Commission. President Barroso is emerging from the crisis with much credit – I would think his place is secure if he wants to serve a second term as Commission President.

The issue of bank regulation will be hotting up. Will central banks be given more responsibility? The British are certainly talking about it in relation to the Bank of England, and the subject will be on the agenda of the coming summit meetings in the context of post-Bretton Woods. For the eurozone, that must mean more responsibility for the ECB.
The crisis has triggered some interesting political developments. Take the Lisbon Treaty, for instance. Brian Cowen, The Irish Taoiseach, is committed to presenting the December EU summit with proposals to reverse Ireland’s rejection of the draft Treaty.

Mr Cowen argues that the EU has saved Ireland from a financial meltdown similar to Iceland’s and hopes that the Irish voters will appreciate this. He says that had his country not been part of the EU and the eurozone and without the support from the European Central Bank (about €70bn apparently) it could never have weathered the storm.

The Irish leader clearly hopes that this experience, plus reassurances on sensitive issues such as abortion and defence, will be enough to obtain a “yes” vote in a second referendum. The pressure is certainly mounting as the June deadline for European elections comes closer.

This will coincide with more straitened economic times as recession bites, public spending rises and jobs are lost across Europe. Things are far from returning to normal, and as someone said, the new normal will not be the old normal.

Sub-prime crisis: storm force winds hit Europe

Monday, October 6th, 2008

Just a week ago I suggested that continental Europe seemed rather detached from the global credit crisis.  Whoops! What terrible timing!

In the last seven days Europe has been hit by the storm force winds of this crisis. Liquidity has dried up, governments have been forced to rescue one institution after another, Iceland’s banking system seems close to meltdown, the Irish, the Greeks and the Germans have promised open-ended guarantees for bank deposits and the European Commission has been left floundering as the cry of sauve qui peut echoes across the EU.

Even Peter Mandelson has been brought back to London to shore up Gordon Brown’s war cabinet.

The Paris meeting of the Big Four was a show of solidarity but little more. The participants looked forward to tighter regulation in the future, but offered nothing at an EU level to cope with the current crisis.

It is only the state aid rules which have offered any sort of EU framework for national measures and several banking mergers and bailouts have been rapidly approved.

Deposit guarantees are a different matter. Commissioner Neelie Kroes fiercely attacked the Irish government for failing to discuss its guarantee scheme with Brussels in advance. It seems that she has made some progress concerning the detailed application of the scheme but not in the fundamental principle of an open-ended guarantee. The Brits and the French may now be forced to introduce similar deposit security, especially if the Germans go ahead, but the taxpayer liabilities are formidable.

It all demonstrates the massive cross-border implications of such measures. Inside or outside the eurozone, Europe must find ways to work more closely together in tackling the crisis.

Untrammelled power for Commission in telecoms regulation?

Monday, September 15th, 2008

Nobody knows where the IRG begins and the ERG ends, Commissioner Reding complains to the European Parliament.

You can see just how irritated the Commission is that the Independent (telecoms) Regulatory Group (IRG) with 31 European members should have been registered as a private company under Belgian law, to do things which (she believes) should be left to the 27-member European Regulators Group (ERG) set up by the Commission. IRG, she says, is (just like Belgian football) ”alien to the Community approach”.

The Commissioner was speaking on the proposals for a new framework for European telecoms currently being discussed in the EP and Council. What she wants is an EECMA, a European Electronic Communications Market Authority, which would combine the functions of the ERG with those of the European Network and Information Security Agency, the body set up in 2004 to deal with cyber crime and cyber terrorism.

The Commissioner is fighting the good fight to extend the power of a European regulatory regime to the 27 member countries of the EU. The Commission believes that national regulators are too protective of national markets and inconsistent in applying EU policy.

For many people, though, this is a fight too far.

The proposals do appear to give untrammelled power to the Commission in managing telecoms policy, with little scope for parliamentary scrutiny and a significant transfer of power to Brussels. EECMA seems to have scant right of initiative and almost no scope to act.

Commissioner Reding does push hard for consumer rights – her battle for capping mobile phone charges was highly successful in its own terms, although the operators will always seek other ways to restore their margins – and has some support in the Parliament and Council, but the proposal to protect the position of the heads of national regulatory bodies from dismissal will be contentious in the Council and the bid to make freed-up spectrum more freely available at a European level will face fierce opposition.

I look forward to seeing just how far the Commission succeeds in what is in effect a major centralisation of power in the highly sensitive sector of telecommunications.

It’s time to love the common agricultural policy.

Tuesday, December 11th, 2007

Maybe the time has come to love the common agricultural policy. The world is short of food. In consequence we see an explosion in agricultural commodity prices and a drive to expand production.

The grain and butter mountains which shamed the C.A.P. have disappeared. Europe has become a net importer of cereals for the first time. Prices of wheat have almost doubled in a year; world stocks of soya, which is essential for animal feed, are headed for zero, with China importing 40 per cent of world tradable supplies; food prices are rising and the impact is being felt in the shops – Germany now has 3 per cent retail price inflation for the first time since 1995.

Things have got so tense that the Commission proposes suspending import duties on cereals to ease the pressure a bit. See this Commission press release for details. Without a strong euro prices would be even higher.

The talk now is of food security. I’m reminded of the early 70s, when the Club of Rome, led by European Commissioner Sicco Mansholt, warned of a Malthusian world shortage of commodities – too many mouths, too little production. Yet in following years the food surpluses returned. Will it be different this time?

It does seem likely. Rising populations and greater prosperity are boosting global food demand from people who this time can pay for it.

At least Europe has the capacity to increase food production after some indifferent harvests and has a policy structure in the c.a.p. which can provide some confidence and continuity for producers, although a shift away from price support to more direct assistance will no doubt be a theme of the review of EU farm policy which has just been launched and will give more scope for producers to respond more quickly to market signals.

But what irony! Just as our farmers were being encouraged and applauded as protectors of Europe’s natural environment, paid to be custodians of the countryside as much as producers of food, the market is taking over.

A farming friend of mine has been maintaining the farm hedges, providing runways for birds such as skylarks (yes, they are called runways) and leaving a good headland of uncultivated land around his arable fields to help wildlife, but now the EU set-aside scheme which kept farmland out of production and encouraged wildlife is being abandoned for the 2008 season. Britain’s Royal Society for the Protection of Birds is seriously worried about this threat to these new habitats. 

Over the years since it was created the common agricultural policy has built one complexity on another, just as all farm policies tend to do, often with quite unforeseen consequences. The latest manifestation is the subsidisation of biofuels.

Of course arresting climate change is an absolute priority, but I do wonder if policy makers take full account of what they do. Take this example of screwed-up policy: the United States gives big subsidies for production of biodiesel, so palm oil is imported to the US from Latin America, processed by the addition of 1 per cent diesel oil and then exported to the EU as biodiesel, where of course it undercuts European prices.

In Europe too we are subsidising ethanol, producing it mainly from rapeseed oil, yet the production of ethanol in this way is reckoned to produce more CO2 than it saves. It is the consequence of setting arbitrary targets such as the 5.75 per cent of transport fuels from biofuels by 2010. I wonder how much impact assessment has been done to look at the whole picture in Europe and beyond.
It’s the knock-on effects which matter. Diversion of land from food to biofuel can pose some real threats. Worse, maybe, from a climate change point of view is the destruction of forest to grow fuel crops.

Even in Europe there is diversion of land from food to fuel production. Commissioner Mariann Fischer Boel says it only amounts to 2 per cent of EU cereal production, but marginal changes can have a major impact on commodity prices and this is presumably only the beginning.

A UN adviser has called the rush for biofuels a “crime against humanity”. These are strong words indeed and I note that it has become a real cause celebre among NGOs, maybe eclipsing the GMO issue.

But surely everything depends on the raw material and the technology used. Sugar cane is apparently four times as efficient as maize as a biofuel feedstock and there is a lot of research and development into alternative crops and by-products which may provide real benefits without the accompanying negatives.

The surge in agricultural prices has meant big savings for the EU budget, so unspent agricultural commitments are being transferred to fund Galileo in a deal approved by ministers on November 30. The Portuguese presidency seems to have used some nimble footwork switching from a budget decision (unanimity required) to a transport vote (qualified majority) in order to isolate the Spanish, who were holding out for their own Galileo ground station. See the Council conclusions here.

Following the Council decision the Commission will now be fully responsible for Galileo, using the European Space Agency as the procurement agent. Let’s hope the project can at last get on track for the stars.

Competition policy has become another impressive contributor to the EU budget. Fines of €490m have just been imposed on the European flat glass manufacturers for price fixing.

This brings EU anti-trust fines imposed so far this year to €3,000m – an extraordinary figure which partly reflects the success of the leniency regime, which offers reprieve or mitigation for any company which blows the whistle on a cartel in which it participated. A favourite question among law firms is: how do you advise your client when he tells you that the CEO of competitor company X failed to turn up to the annual informal golf weekend in Portugal last week?