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EU reaches deal to suspend funds to member states that breach rule of law

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EU negotiators have reached an agreement on rules to suspend budget money to member states that breach fundamental rights, a breakthrough that will help unlock wider talks over the bloc’s €1.8tn recovery package. 

Negotiators from the European Parliament and EU ambassadors on Thursday struck a preliminary deal on the bloc’s first rule-of-law mechanism which will tie budget money to respect for EU values, including the independence of judges.

The hard-fought negotiations over the mechanism — first proposed by Brussels in 2018 — have split EU member states and pitted them against MEPs. Poland and Hungary — which are already the target of longstanding inconclusive EU rule-of-law disciplinary proceedings — have threatened to veto the EU’s entire upcoming budget deal if it includes a tool which they argue targets them. The agreement is subject to final approval from a majority of member states. 

Judit Varga, Hungary’s justice minister, accused the European Parliament of making a “reckless and mistaken move” by pushing for a stronger mechanism. “There is no agreement on any element of the EU budget until all its elements have been agreed”, she wrote on Facebook on Thursday.

The European Parliament hailed the agreement as a “historic moment” that responds to the slide towards authoritarianism in some member states. Dacian Ciolos, leader of the centrist Renew Europe group, said it was a “major achievement . . . Europe is not a cash machine”, he wrote on Twitter. 

In a victory for the parliament, Petri Sarvamaa, the lead MEP in the talks, said the mechanism would define “breaches” of the rule of law in a way that would allow it to target broader violations of EU values and not just those that had a direct financial impact on the budget. MEPs also received backing from a group of northern member states including the Netherlands, Nordics, Austria and Baltics.

“The EU will not only be able to stop EU funding once the rule-of-law principles have already been breached, but also in cases where it is evident that recent governmental decisions represent a future risk for EU finances,” said Mr Sarvamaa. “For example, when the independence of national courts is undermined, there is a clear risk that judges may take arbitrary decisions or disregard cases of corruption and fraud.”

The tool gives the European Commission the power to identify breaches of the rule of law in member states and to propose a suspension or reduction of budget money. This decision would then need to be approved by a majority of EU governments, which would hold a vote within one month.

The rule-of-law tussle has threatened to derail a huge financial package agreed by EU leaders in July, the need for which has become more pressing as Europe’s economy has been forced into fresh hibernation with new lockdown measures imposed in many countries this month.

Member states and the parliament are still haggling over the exact size of the upcoming seven-year EU budget and Covid-19 recovery plan, with the parliament demanding additional money worth more than €30bn.

Johannes Hahn, the EU’s budget commissioner, called Thursday’s agreement a breakthrough that he hoped would trigger “additional dynamics” in the talks over the final size of the multiannual budget.

MEPs are due to meet officials and the German presidency on Monday with the hope of bringing the complex and drawn-out negotiations to a close. Mr Hahn told the Financial Times that a deal on the matter was “achievable” as soon as Monday. “The dinner is prepared, if you like,” he said. 

Having reached an agreement on the rule of law, Michael Clauss, Germany’s EU ambassador and head of the negotiations for the Council of Ministers, urged MEPs to come to an agreement on the recovery deal. “We have a historic €1.8tn financial package on the table. With the second wave of the pandemic hitting member states hard, there is no time to lose,” he said.

Additional reporting Sam Fleming in Brussels



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Brazil virus variant found to evade natural immunity

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The P.1 Covid-19 variant that originated in Brazil and has spread to more than 25 countries is around twice as transmissible as some other strains and is more likely to evade the natural immunity people usually develop from prior infection, according to a new international study.

The research, conducted by a UK-Brazilian team of researchers from institutions including Oxford university, Imperial College London, the University of São Paulo, found that the P.1 variant was between 1.4 and 2.2 times more transmissible than other variants circulating in Brazil. 

It was also “able to evade 25-61 per cent of protective immunity elicited by previous infection” with any earlier variant, the researchers found, in a sign that current vaccines could also be less effective against it.

International concern about the P.1 variant has escalated recently, with more than 25 countries detecting the variant, including Belgium, Sweden and the UK, which has identified six cases.

The scientists are expected to release a paper describing the research on Tuesday. Dr Nuno Faria, the lead author, did not immediately respond to a request for comment. The study has not yet been peer reviewed.

The researchers have dated the emergence of the P.1 variant to November 6, 2020, around one month before cases began to surge for a second time in the Brazilian city of Manaus. They found that the proportion of cases classified as P.1 in Manaus increased from zero to 87 per cent in the space of 7 weeks. 

The paper concluded: “Our results further show that natural immunity waning alone is unlikely to explain the observed dynamics in Manaus, with support for P.1 possessing altered epidemiological characteristics.”

“Studies to evaluate real-world vaccine efficacy in response to P.1 are urgently needed,” it added.

The researchers also found that infections were 10 to 80 per cent more likely to result in death in Manaus after the emergence of P.1. However, the authors cautioned that it was not possible to determine whether this meant the variant was more lethal or whether it was a result of increased strain on the city’s healthcare system, or a combination of both. 

The P.1 variant has over 17 mutations, which alter its genetic sequence from the virus originally identified in Wuhan, including 3 key changes to the spike protein that it uses to enter human cells.

Researchers in Brazil have been using genetic sequencing technology developed by Oxford Nanopore in the UK to identify and track the variant. The technology was first used in Brazil during the Zika outbreak in 2015.

Dr Leila Luheshi, director of applied and clinical markets at Oxford Nanopore, told the Financial Times that while the B.1.1.7 variant in the UK has similar properties of high transmissibility to P.1 — it is thought to be around 1.5 times as transmissible as variants that preceded it — there was no evidence to date that it evaded past natural immunity in the same way. Studies so far have also shown that current vaccines retain their efficacy against B.1.1.7.

Luheshi said that the concern with P.1 is that “because it has these mutations around the spike . . . the hypothesis is that the vaccine will be less effective.” But she added that there is not yet definitive evidence to support this theory. 



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Coronavirus latest: Production glitches to delay Johnson & Johnson vaccine distribution

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Coronavirus latest: Production glitches to delay Johnson & Johnson vaccine distribution



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Norsk Hydro blamed for birth defects in Amazon forest pollution case

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Maria do Socorro explains in graphic detail the spate of ailments affecting newborns in her remote community in the Amazon: her grandson died after being born with his intestines outside his body, while others were missing organs or had undeveloped bones.

For the 56-year-old community leader, there is little doubt about the cause of these illnesses. She said the rainforest town had for years suffered from toxic waste pollution from the local operations of Norwegian aluminium producer Norsk Hydro.

Long a simmering environmental scandal in Brazil, the allegations were brought on to the international stage this month when Socorro’s community sued the Norwegian giant in a Dutch court, seeking damages for claims that “the incorrect disposal of toxic waste” from operations in the area had caused a variety of health ailments, polluted the rainforest and destroyed economic opportunities.

“We cannot have future generations because the children are born and then die. Whole families are contaminated,” said Socorro from the Barcarena township in the northern state of Pará.

The case — filed just days before the UK’s top court ruled that Royal Dutch Shell could face legal action in London brought by thousands of Nigerian villagers over alleged pollution — is the latest international trial pitting large, resource-hungry companies against impoverished rural communities.

It also comes amid mounting pressure on companies to abide by strict environmental standards, a push being spearheaded visibly by Scandinavian investors.

One of the allegations in the lawsuit is that the pollution has caused birth defects © Alessandro Falco/Bloomberg

“If business can be global, why can’t justice? These companies have businesses everywhere, but then when they do something wrong they want to smother the possibility of people getting compensation,” said Pedro Martins, partner at law firm PGMBM, which is representing 40,000 alleged victims bringing the suit against Norsk Hydro.

“International corporations have different standards for how they do business in the northern and southern hemispheres as if life in the southern hemisphere does not have the same value.”

Through local entities, Norsk Hydro runs three facilities — a bauxite mine, a refinery and a smelter — in Pará, a vast Amazonian state that is a flashpoint for illegal deforestation, gold mining and land-grabbing.

The company said it would respond to the request before the court in the Netherlands, where its subsidiaries controlling the local entities at issue are headquartered. It denied that in 2018 pollutants from its facilities spilled over during heavy rains and polluted nearby rivers and earth. The company declined to comment further.

A source close to the company said, however, that it did “not see the [health] effects that have been claimed. The actual impact is hard to see and there aren’t any studies showing that.”

Map of Brazil

A combination of poor sanitary conditions and the tropical climate could be behind many of the health issues, he added: “There are a lot of feelings and not so many things relating to actual facts.”

Locals say bauxite, lead and aluminium pollution have turned the region’s rivers red. A study from the Evandro Chagas Institute, a Brazilian public health body, found in 2018 that the region’s waters were so polluted with industrial waste from the Norsk Hydro facilities that they “cannot be used for recreation, fishing, or human consumption”.

Like many Amazonian communities, much of the Barcarena township depends heavily on fishing and farming for survival, work that they now say is impossible.

“I invite these Norwegians to come and bathe in our waters. I challenge them. They have good water there in Norway. Our wealth just goes there,” said Socorro, who heads Cainquiama, a group representing mainly indigenous people and quilombolas — the descendants of runaway slaves.

Nearly all of the claimants in the suit have complained about chronic pain, hair loss and skin conditions. The suit also contains claims in relation to birth defects, such as those that have affected Socorro’s grandson, who was born with gastroschisis — a hole in the abdominal wall.

A pipe belonging to alumina refinery Alnorte, which is owned by Norsk Hydro, in Barcarena © Ricardo Moraes/Reuters

“Studies around the world have shown the effects [of toxic metals] on pregnant women, foetuses and children at birth,” said Marcelo de Oliveira Lima, a public health researcher at the Chagas institute. “But our studies so far did not go deep enough to show the [connection]. Other studies are still being done.”

The case is a sensitive one for Norwegian investors and the government, which owns a 34 per cent stake in Norsk Hydro. Oslo has long attempted to hold Brasília to account for the environmental destruction of the Amazon, even publishing its own data on deforestation in the world’s largest rainforest.

“There seem to be quite some dispute about the facts in this case and in particular about the actual harm of the spill to local environment and whether the company is somehow to blame by neglecting important safety measures,” said Jeanett Bergan, head of responsible investments at the KLP pension fund, Norway’s largest pension provider.

“We know Norsk Hydro as a responsible corporate actor when doing businesses abroad. I do not think [this case] will damage the credibility of Norwegian actors.”

Climate Capital

Where climate change meets business, markets and politics. Explore the FT’s coverage here 

Martins, the lawyer leading the group action, said they brought the case in the Netherlands because of the inertia of the Brazilian court system. He believes the case can reach a verdict in 18 or 24 months.

Brazil is no stranger to environmental disasters. This month, miner Vale agreed to a $7bn settlement with authorities over a dam breach in 2019 in the Brumadinho township that killed hundreds of people and polluted vast tracts of lands with industrial sludge.

BHP was sued in a British court over a dam failure in Brazil’s Mariana township in 2015 that left 19 dead. The case was thrown out because parallel proceedings were taking place in Brazil.

“The Hydro case draws attention for having caused significant environmental damage,” said Luiz Eduardo Rielli, director of sustainability consultancy Novi. “After three years, what I care most about is: What lessons have been learned? How can we ensure that new damages do not occur?”

Additional reporting by Richard Milne in Oslo and Carolina Pulice in São Paulo



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