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Coronavirus: Commission expands talks to a fifth company

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The European Commission has today concluded exploratory talks with Moderna to purchase a potential vaccine against COVID-19. Moderna is the fifth company with which the Commission has concluded talks, following Sanofi-GSK on 31 July, Johnson & Johnson on 13 August, CureVac on 18 August, in addition to the signature of an Advance Purchase Agreement with AstraZeneca on 14 August.

The envisaged contract with Moderna would provide for the possibility for all EU Member States to purchase the vaccine, as well as to donate to lower and middle income countries or re-direct to European countries. It is anticipated that the Commission will have a contractual framework in place for the initial purchase of 80 million doses on behalf of all EU Member States, plus an option to purchase up to a further 80 million doses, to be supplied once a vaccine has proven to be safe and effective against COVID-19. The Commission pursues intensive discussions with other vaccine manufacturers.

Ursula von der Leyen, President of the European Commission, said: “After intense negotiations, the European Commission has now concluded talks with a fifth pharmaceutical company, to enable rapid access to a vaccine against coronavirus for Europeans. We invest in companies using diverse technologies, to increase our chances to have vaccines that are safe and effective. We continue talks with other companies – as we want to make sure that vaccines are rapidly available on the market. European investments in coronavirus vaccines will benefit the whole world and will help us beat this virus.”

Stella Kyriakides, Commissioner for Health and Food Safety, said: “Today’s outcome following the talks with Moderna show that we deliver on our commitment to get access to a safe and effective vaccine.  I am pleased to see that we continue to fulfil our target of having a diversified portfolio of vaccines – a necessity to ensure eventual success and protecting our citizens against coronavirus.”

Moderna is a U.S. based company pioneering the development of a new class of vaccines based on messenger RNA (mRNA). mRNA plays a fundamental role in human biology, transferring the instructions which direct cells in the body to make proteins, including proteins that may prevent or fight disease.

The exploratory talks concluded today are intended to result in an Advance Purchase Agreement to be financed with the Emergency Support Instrument, which has funds dedicated to the creation of a portfolio of potential vaccines with different profiles and produced by different companies.   

Background

Today’s conclusion of the exploratory talks with Moderna is an important step towards the conclusion of an Advance Purchase Agreement, and therefore towards the implementation of the European Vaccines Strategy, adopted by the Commission on 17 June 2020.  This strategy aims to secure for all European citizens high-quality, safe, effective and affordable vaccines within 12 to 18 months. To do so, and together with the Member States, the Commission is agreeing Advance Purchase Agreements with vaccine producers reserving or giving the Member States the right to buy a given number of vaccine doses for a certain price, as and when a vaccine becomes available.

The European Commission is also committed to ensuring that everyone who needs a vaccine gets it, anywhere in the world and not only at home. No one will be safe until everyone is safe.

This is why it has raised almost €16 billion since 4 May 2020 under the Coronavirus Global Response, the global action for universal access to tests, treatments and vaccines against coronavirus and for the global recovery. 

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Ukraine: Commission proposes to criminalise the violation of EU sanctions

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The European Commission is today putting forward a proposal to harmonise criminal offences and penalties for the violation of EU restrictive measures. While the Russian aggression on Ukraine is ongoing, it is paramount that EU restrictive measures are fully implemented and the violation of those measures does not pay off. The Commission proposal sets out common EU rules, which will make it easier to investigate, prosecute and punish violations of restrictive measures in all Member States alike.

Violating EU sanctions is a serious criminal offence

The implementation of EU restrictive measures following the Russian attack on Ukraine shows the complexity of identifying assets owned by oligarchs, who hide them across different jurisdictions through elaborate legal and financial structures. The proposed Directive will establish the same level of penalties in all Member States. Thereby it will close existing legal loopholes and increase the deterrent effect of violating EU sanctions in the first place. The main elements of the proposal include:

  • A list of criminal offences, which violate EU sanctions, such as:
  • making funds or economic resources available to, or for the benefit of, a designated person, entity or body;
  • failing to freeze these funds;
  • enabling the entry of designated people into the territory of a Member State or their transit through the territory of a Member State;
  • entering into transactions with third countries, which are prohibited or restricted by EU restrictive measures;
  • trading in goods or services whose import, export, sale, purchase, transfer, transit or transport is prohibited or restricted;
  • providing financial activities which are prohibited or restricted; or
  • providing other services which are prohibited or restricted, such as legal advisory services, trust services and tax consulting services.
  • Offences will cover circumventing an EU restrictive measure: this means bypassing or attempting to bypass restrictive measures by concealing funds  or concealing the fact that a person is the ultimate owner of funds.
  • Common basic standards for penalties: depending on the offence, the individual person could be liable to a maximum penalty of at least five years in prison; companies could be liable to penalties of no less than 5% of the total worldwide turnover of the legal person (company) in the business year preceding the fining decision.

Next steps

The proposal will now be discussed by the European Parliament and the Council as part of the ordinary co-legislative procedure.

Background

Since the start of the war in Ukraine, the EU has adopted a series of sanctions against Russian and Belarussian individuals and companies. The implementation of EU restrictive measures shows the complexity of identifying assets owned by oligarchs, who hide them across different jurisdictions through complex legal and financial structures. For example, by transferring ownership of sanctioned property to a non-sanctioned third party. They are helped by existing legal loopholes, as the criminal law provisions on breaches of EU sanctions vary across Member States. An inconsistent enforcement of restrictive measures undermines the Union’s ability to speak with one voice.

In May 2022, the Commission proposed to add the violation of EU restrictive measures to the list of EU crimes. At the same time, the Commission proposed new reinforced rules on asset recovery and confiscation, which will also contribute to the implementation of EU restrictive measures. The proposals come in the context of the ‘Freeze and Seize’ Task Force, set up by the Commission in March.

Following the adoption on 28 November of the Council Decision identifying the violation of Union restrictive measures as an area of serious crime that meets the criteria set out in Article 83(1) of the TFEU, the Commission is now putting forward this proposal for a Directive on the violation of Union restrictive measures, as a second step.

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Americans are outraged: US has given about $54B of assistance to Ukraine. The EU only 16B

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On a broadcast of the Fox Business Network’s “Kennedy,” Rep. Tom McClintock (R-CA) said he will not continue to support aid to Ukraine until the European Union matches the aid already provided by the U.S.

We need a complete audit of the money sent by America. There should be assurances that the country hasn’t had an illegitimate relationship with FTX, and “the millions of dollars that were paid to the Biden family by Ukraine over the years isn’t influencing our foreign policy,” said Tom McClintock. (Through this crypto-exchange FTX the Democrats laundered huge amounts of money that were allocated by the US Congress for Ukraine).

McClintock stated, “I supported the initial assistance to Ukraine. Ukraine is primarily a European security issue. Now, you look at the numbers, the United States has given about $54 billion of assistance to Ukraine. And the EU had only 16 billion.

“So, they’ve got about half of our GDP. But they’ve only given about a third of the assistance that we have. Now, given the fact that’s happening right on their doorstep, not on ours. It seems to me they need to at least match what we’ve already done.

“And then I also believe there needs to be a full audit of where our money has gone and we need assurance that Ukraine’s relationship with FTX is entirely legitimate, as Ukraine contends. And I think the American people would also like to be assured that the millions of dollars that were paid to the Biden family by Ukraine over the years isn’t influencing our foreign policy,” said Tom McClintock.

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Europe accuses US of ‘profiting from war’

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Top European officials are furious with Joe Biden’s administration and now accuse the Americans of making a fortune from the war, while EU countries suffer. “The fact is, if you look at it soberly, the country that is most profiting from this war is the U.S. because they are selling more gas and at higher prices, and because they are selling more weapons,” one senior official told POLITICO.

Washington announced a $369 billion industrial subsidy scheme to support green industries under the Inflation Reduction Act that Brussels went into full-blown panic mode. “The Inflation Reduction Act has changed everything,” one EU diplomat said. “Is Washington still our ally or not?”

“We are really at a historic juncture,” the senior EU official said, arguing that the double hit of trade disruption from U.S. subsidies and high energy prices risks turning public opinion against both the war effort and the transatlantic alliance. “America needs to realize that public opinion is shifting in many EU countries.”

The biggest point of tension in recent weeks has been Biden’s green subsidies and taxes that Brussels says unfairly tilt trade away from the EU and threaten to destroy European industries. Despite formal objections from Europe, Washington has so far shown no sign of backing down.

As they attempt to reduce their reliance on Russian energy, EU countries are turning to gas from the U.S. instead — but the price Europeans pay is almost four times as high as the same fuel costs in America. Then there’s the likely surge in orders for American-made military kit as European armies run short after sending weapons to Ukraine.

Officials on both sides of the Atlantic recognize the risks that the increasingly toxic atmosphere will have for the Western alliance.

“The U.S. is following a domestic agenda, which is regrettably protectionist and discriminates against U.S. allies,” said Tonino Picula, the European Parliament’s lead person on the transatlantic relationship.

Cheaper energy has quickly become a huge competitive advantage for American companies, too. Businesses are planning new investments in the U.S. or even relocating their existing businesses away from Europe to American factories. Just this week, chemical multinational Solvay announced t is choosing the U.S. over Europe for new investments, in the latest of a series of similar announcements from key EU industrial giants.

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