“EU Deforestation Regulation” about to be postponed

Regulation (EU) 2023/1115 on deforestation-free products (EU Deforestation Regulation) addresses greenhouse gas emissions and biodiversity loss. It defines binding due diligence obligations for all market actors for products that could contribute to deforestation and entered into force on 29th June 2023. Due diligence obligations for companies would apply as of 30th December 2024.The European Commission recently proposed to extend the application timeline by postponing the date of application by 12 months. It would allow market actors and public authorities to be fully prepared for their due diligence obligations and prevent disruptions in the supply chain.
Subsequently, the Council’s Permanent Representatives Committee agreed to the Commission proposal without amendments and asked the European Parliament to do the same. The dossier was then put on the agenda of the European Parliament plenary last week, with a vote scheduled for 13th/14th November.Legal certainty is of utmost importance for affected companies. Therefore, it is essential that the Members of the European Parliament approve and accept the Commission proposal to postpone the date of application of the EU Deforestation Regulation in the spirit of a common coordinated approach by the institutions.

 

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Apostolos Tzitzikostas – candidate-Commissioner for Sustainable Transport and Tourism

Apostolos Tzitzikostas, from Greece, is the Commissioner-designate for Sustainable Transport and Tourism. His role is particularly important as mobility is at the heart of many of the EU’s objectives.

Tzitzikostas’ Mission Letter states that he will commit to completing the remaining sections of the trans-European transport corridor by 2030, with a focus on optimising the use of the Connecting Europe Facility.He will also present a plan for an ambitious European high-speed rail network and accelerate the electrification of road transport by ensuring the rapid deployment of charging infrastructure.

Tzitzikostas’ confirmation hearing will take place on Monday 4 November (18:30 – 21:30 CET).

 

   MISSION LETTER   

“Posting of Workers” ELA Forum: 4th Meeting

On 22 October, FIEC participated in the 4th meeting of the “Posting of Workers” Forum organised by the European Labour Authority (ELA). This meeting focused on the report on the application and implementation of the Directive (EU) 2018/957 that was published in April 2024, and the issues related to posting of third countries nationals and subcontracting.The ELA has presented the activities it will carry out by the end of the year and in 2025 such as a peer learning dialogue on subcontracting, the first findings of a report on “contracting chains and recruitment patterns of posted third-country nationals” or the possibilities for a remuneration calculator tool.

This meeting was the occasion for employers’ representatives to share their messages and priorities related to these issues. FIEC, together with several other employers’ organisations, are calling for the application and implementation of the current legislation without adding new layers of regulation.

 

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TANSIRC2 Project: Final Conference in Sofia

On 24 October, FIEC participated in the final conference of the EU-funded social dialogue project TANSIRC2 – “Towards a New Start of Industrial Relations in Construction in Central and Eastern European Countries”.  The event provided a platform to reflect on the progress project partners made in two years and share insights into strengthening industrial relations within the construction sector in Central and Eastern Europe (CEECs).The conference in Sofia outlined areas of focus for construction sector stakeholders, and highlighted key priorities for improving industrial relations. These priorities include awareness campaigns about digital and green transitions and close collaboration between different industry stakeholders to provide the workforce with critical digital and environmental skills.

FIEC Director General, Domenico Campogrande, highlighted the commitment of national social partners in Bulgaria to sustain project efforts by updating training curricula, promoting sector image through national campaigns and addressing labor and skills shortages to help the construction industry adapt to green and digital transformations.

 

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CJEU ruling on access to public contracts for non-EU contractors

In its judgment in Case C-652/22, the Court of Justice of the European Union (CJEU) has ruled that in the absence of an international Public Procurement agreement between the EU and a third country, operators from that country cannot invoke relevant EU directives to bid for public contracts on equal terms with EU or compliant third-country bidders.

Furthermore, the Court stated that national authorities cannot enforce national laws derived from these directives for operators from countries lacking such agreements, due to the EU’s exclusive competence in common commercial policy.

This ruling arose from a case involving Kolin Inşaat, a Turkish company that contested the Croatian contracting authority’s decision to award a railway infrastructure contract to another bidder. The CJEU emphasised that economic operators from countries like Turkey cannot use Public Procurement directives to challenge contract awards.

The CJEU ruling is also relevant for Chinese bidders in EU Public Procurement procedures.

 

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