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Jomec News (41)

  • EU adopts landmark law “Nature Restoration Law” at plenary session of EU Parliament on 14th June

    【Highlights】 The EU Parliament voted to adopt the Nature Restoration Law on 14 June 2024 at a plenary session of the EU Parliament in Luxembourg, and the Council of the EU formally adopted the Act on 17 June. As the first continent-wide, comprehensive law of its kind, the Nature Restoration Law covers the whole continent and is an important part of the EU's biodiversity strategy. The law aims to take measures to restore at least 20% of the EU's land and sea areas by 2030 and all ecosystems in need of restoration by 2050. Furthermore, it sets specific, legally binding targets and obligations for the natural recovery of terrestrial, marine, freshwater, forest, agricultural and urban ecosystems. Specific measures include the protection of pollinators and grassland butterflies, the protection of urban green spaces and the planting of at least 3 billion additional trees by 2030 across the EU. Alain Maron, Minister for Climate Transition, Environment, Energy and Participatory Democracy of the Government of the Brussels-Capital Region mentioned The EU has seized a unique opportunity to reverse biodiversity loss and to open this rapidly closing window, securing a liveable future for the generations to come. Today we also agreed on three key EU directives for circular economy and soil health in the EU: we showed our commitment to a green transition, by protecting our consumers from greenwashing, targeting food and textile waste and protecting our soils from degradation. The EU is steadily moving forward with its environmental and climate objectives and the target of achieving climate neutrality in the EU by 2050. 【Legal Analysis of Nature Restoration Law】 -   The State of Nature Today Nature in the EU is severely declining. Species populations and the natural areas they inhabit are shrinking and degrading, leading to serious consequences for people and the planet.   80% of habitats are in poor condition 10% of bee and butterfly species risk extinction 70% of soils are in an unhealthy condition   -   The Importance of Restoring Nature Nature depends on essential interrelations between species and their habitats. It is a fine balance which ensures a healthy and well-functioning natural environment.  Moreover, nature is the foundation of the world’s economy. Over half of global GDP is dependent on materials and services that are delivered by ecosystems. For example, raw materials are key for industry and construction, and genetic resources are needed in farming and medicine. Restoring nature means supporting the recovery of degraded or destroyed ecosystems by improving their structure and functions, with the overall goal of improving resilience and biodiversity in nature. Healthy ecosystems can ensure, among other things: increased agricultural productivity; greater resilience to climate change; improved biodiversity; reduced risk of floods, droughts and heat waves. -   The EU Nature Restoration Rules The nature restoration law requires EU countries to develop national restoration plans. These plans should define the restoration measures required to meet the binding targets set in the law and specify the total area to be restored, as well as a timeline. The restoration plans should cover the period up to 2050. The measures should be aligned with other relevant legislation, such as rules on nature protection, renewable energy and agriculture. Examples of restoration measures include: removing non-native plants on grasslands, wetlands and in forests; rewetting drained peatlands; improving connectivity between habitats; stopping or reducing the use of chemical pesticides and fertilisers; promoting wilderness preservation. The proposed regulation requires the Commission to review and assess the application of the rules and their impacts on the agricultural, fisheries and forestry sectors, as well as its wider socio-economic effects in 2033.

  • The European Commission launches the first investigation under the EU International Procurement Instrument (IPI)

    The European Commission launches the first investigation under the EU International Procurement Instrument (IPI) on “Discriminatory practices in China's medical device procurement market against European companies and products” News Bulletin On April 24th, 2024, the European Commission initiated an investigation into China’s procurement market for medical devices under the International Procurement Instrument (IPI), focusing on discriminatory measures against European companies and products. The Commission’s evidence suggests that Chinese policies increasingly restrict European and foreign companies and EU products in this market, due to unfair distinctions between domestic and foreign companies, and between locally produced and imported medical devices. The Commission stated that previous concerns expressed to Chinese authorities had not been satisfactorily addressed, prompting action under the IPI regulations. Investigation Summary According to the EU Official Journal, this investigation was autonomously initiated by the EU under Article 5(1) of Regulation (EU) 2022/1031, enacted by the European Parliament and Council on June 23, 2022. The investigation targets measures and practices in China's public procurement market for medical devices, which create significant barriers for EU economic operators, goods, and services. A. Description of "Chinese Measures and Practices" by the EU: The European Commission identifies measures and practices implemented at both central and local levels in China, applicable to all entities procuring medical devices, including state-owned enterprises like public hospitals, comprising three main categories: a) Prioritizing domestic medical devices and services through: - The "Buy Chinese" policy under Article 10 of the Government Procurement Law (GPL) of the People’s Republic of China, mandates procurement of domestic goods, services, and works unless unavailable or unreasonable to obtain domestically. - The “Made in China 2025” strategy requires hospitals to procure 50% of domestic mid-to-high-end medical devices by 2020, and 70% by 2025. - The 2021 Notification No. 551 on the Review and Guidance Standards for Government Procurement of Imported Products, mandating increased domestic procurement rates for 315 products, including 178 medical devices, 137 of which require 100% domestic procurement. - The Opinions on Deepening the Reform of the Medical and Health System (State Office Issuance [2015] No. 34), requiring public hospitals to prioritize domestic medical devices, encouraging centralized procurement of high-value domestic medical devices. b) Restricting the procurement of imported goods, including medical devices, through: - The Measures for the Administration of the Procurement of Imported Goods, imposing stricter regulations for imported products compared to domestic ones, such as stringent application and approval processes, mandatory contract clauses protecting national and public interests, and offset measures favoring suppliers transferring technology to Chinese enterprises. c) Imposing conditions during centralized procurement of medical devices, leading to abnormally low bids unsustainable for profitable companies. The Commission reserves the right to investigate additional relevant measures or practices that significantly and recurrently hinder EU economic operators, goods, and services from accessing China's public procurement market for medical devices, to be elucidated during the investigation. B. Preliminary Assessment of Chinese Measures and Practices: The European Commission’s preliminary assessment indicates that Chinese measures systematically disadvantage EU economic operators, goods, and services. These measures, through prioritizing domestic products and restricting imports, significantly reduce foreign companies’ market share. Additionally, China’s support for domestic companies in centralized procurement and stringent bidding and approval procedures further exclude foreign suppliers, increasing their market entry costs and risks, and undermining a fair competitive market environment. C. Investigation Procedure and Timeline under IPI: Based on the preliminary assessment, the Commission initiates the investigation under Article 5(1) of the IPI regulation to determine if Chinese measures severely and recurrently obstruct EU economic operators, goods, and services from entering the Chinese market. The Chinese government is invited to submit its views and provide relevant information to resolve the issue through consultations with the Commission. EU member states and other stakeholders are also invited to participate in the investigation and provide information within 30 days of the notification’s publication. As per Article 5(3) of the IPI regulation, the investigation must be completed within nine months from the notification’s publication date, extendable by five months if necessary. Introduction to the International Procurement Instrument (IPI) Within the WTO framework, 22 members have signed the Government Procurement Agreement (GPA), a multilateral accord granting national treatment to member countries' companies in government procurement markets. The EU and all its member states are GPA members, with the EU further opening its government procurement market to companies from all nationalities, including non-GPA members. Overview of the International Procurement Instrument (IPI): The EU’s International Procurement Instrument (IPI), promulgated in June 2022 as Regulation (EU) 2022/1031, aims to foster fair competition in international procurement markets. The IPI’s primary goal is to eliminate procurement discrimination through dialogue, providing the European Commission with a legal framework to investigate whether measures by non-GPA members severely impair EU companies' access to those countries' government procurement markets. Investigation Procedure: The European Commission can initiate investigations autonomously or following complaints. After a preliminary assessment, if a formal investigation is decided upon, a notification is published in the EU Official Journal. The formal investigation lasts a maximum of nine months (extendable by five months), during which the EU consults with relevant parties and seeks non-EU countries' opinions. If no severe damage is found, the investigation terminates; if corrective measures or commitments are made by the third country, the investigation can be suspended. Remedial Measures: If market access barriers persist, the European Commission may implement measures such as: - Adjusting the scoring of bids from third-country companies. - Excluding certain third-country companies' bids. - Exclusion measures apply to EU procurement projects valued at €5 million or more, or concession or works contracts worth €15 million or more. Measures can target specific industries, products, services, or government entities. The IPI requires ensuring bidders cannot circumvent exclusion measures. Exclusion measures are valid for five years, and subject to review for potential continuation. Expert Insight from Sinowing Law Firm - The investigation's short initiation period leaves future developments uncertain, mainly targeting state enterprises and public hospitals, with minimal initial impact on private hospitals and enterprises. - Given the complexity of international political dynamics, lengthy investigation and regulatory cycles mean short-term substantial impacts are unlikely. Even if future policies emerge, domestic companies can mitigate them through joint ventures, local manufacturing, or collaborative labeling. - Currently, high-end foreign products hold a significant market share domestically, with medical device exports to Europe far lower than imports, suggesting a limited long-term impact on China's medical device development from the EU’s IPI investigation.

  • The E-DECK Electric Aviation Industrial Park Project by Jomec Investment: Successfully Built, Approved, and Operational

    After more than two years of relentless efforts, the E-DECK Electric Aviation Industrial Park project, led by Jomec Investment, has been successfully completed, approved, and is now operational. As the world’s first fully green energy aviation industrial park, the project received subsidies from the European Regional Development Fund. Located at Teuge International Airport in Gelderland, Eastern Netherlands, it is the world's first zero-emission new energy aviation demonstration area, integrating photovoltaic power generation, energy storage, and charging for electric aircraft and vehicles. A 100% Zero-Emission Aviation Electrification Demonstration Park The aviation industry has long been one of the major contributors to greenhouse gas emissions. Without effective action, experts estimate that by 2050, the industry's contribution to global carbon emissions will increase from the current 2%-3% to 27%. In recent years, the aviation industry has faced increasing public pressure, particularly in Europe, with growing attention to the “flight shame” movement. Sustainable innovation and transformation in the aviation industry have become urgent. Jomec Investment believes that the electrification of airport infrastructure, ground activities, and the application of electric aircraft technology are key trends in creating a sustainable aviation industry. In 2022, Jomec Investment initiated the upgrade of the green ecosystem at the E-DECK Electric Aviation Industrial Park, making it the world’s first zero-emission green airport facility. Specifically, over 500 solar panels and multiple charging piles have been installed on and around the hangars, all connected to an Energy Storage System (ESS). The smart control system optimizes and distributes power supply to the buildings and charging piles, meeting the charging needs of electric aircraft, flight simulators, and electric vehicles. Jomec Investment also actively focuses on the development of related technologies for electric aircraft, attracting small and medium-sized enterprises (SMEs) and research institutions to engage in the park. Currently, several companies have signed up and are conducting research and development activities on various electric aviation technologies, such as noise reduction designs for electric aircraft propellers, high-endurance batteries, and virtual reality flight simulators, with regular testing at Teuge Airport. Accelerating Innovation in the Electric Aviation Industry with the “Sharing Economy” Concept To accelerate post-pandemic economic recovery and build a greener, more digital, and resilient EU, the European Commission launched the "Next Generation EU" recovery plan in 2021, worth up to 800 billion euros. The plan encourages the business community to invest in shared facilities, enabling SMEs to test, develop, and promote new ideas and products with ease. In response, Jomec Investment focused on developing and constructing shared facilities for electric aviation, integrating various sectors of the industrial park. To date, Jomec Investment has established an electric aviation industrial park, including E-Deck B.V., E-Flight Academy B.V., Hangar One B.V., NRG2FLY, and the Dutch Electric Aviation Center (DEAC), among others. The traditional hangar has been upgraded to a multifunctional space for shared offices, meetings, and trendy events, adding new possibilities beyond aircraft storage and maintenance. Additionally, Teuge Airport has become an ideal testing ground for SMEs and research institutions involved in electric aviation technology development. Shared resources and facilities effectively reduce R&D costs for companies, while shared spaces facilitate technical exchanges and brainstorming among researchers, fostering collaboration and innovation in electric aviation technology. Expanding the Mature Model to the Netherlands and EU Countries At the end of 2019, the European Commission released the "European Green Deal," a policy document addressing climate change, economic growth, and sustainable development. The EU commits to reducing greenhouse gas emissions by 50%, striving for a 55% reduction (compared to 1990 levels) by 2030, and achieving carbon neutrality by 2050. The aviation industry, a traditional carbon-intensive sector, is a key focus of the Green Deal and the carbon trading system, urgently needing an energy transition. The E-DECK Electric Aviation Industrial Park project at Teuge Airport, developed by Jomec Investment, is a replicable solution model. The project, centered on "zero carbon emissions" and "shared facilities" has accumulated valuable technology and experience in developing and building an electric aviation innovation ecosystem. It not only has a demonstration effect in the communities around Teuge Airport but also holds significant promotion value for the aviation industry in the Netherlands and globally. Given the vast market demand and government guidance for green industries, Jomec Investment warmly invites companies and individuals passionate about the new energy industry to contact us and explore cooperation opportunities. For our shared green future, we look forward to your participation.

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Other Pages (34)

  • Roman Jüngling

    < Back Roman Jüngling Legal Partner @Germany Working Languages German, Polish, English Email roman.jungling@jomec.nl Roman C. Jüngling studied law at the Universities of Erlangen-Nuremberg, Giessen, Jagiellonian and the Catholic University of America, worked as a law clerk at the Oberlandesgericht in Frankfurt and passed the Hessian State Judicial Examination with honors, and received his LL.M. degree in American commercial law from the Catholic University of America in 2008 and his J.D. degree from the University of Giessen in 2009. Roman worked as a trainee, clerk and attorney in the field of international commercial law at international law firms in Germany, Poland and the United States, such as Allen & Overy in Frankfurt, Gibson in Washington, D.C. and Baker & McKenzie in Berlin. He was admitted to the Frankfurt Bar in 2007 and to the Berlin Bar in 2008/2009. Since 2010, he has been admitted to the bar in Nuremberg, and in 2016 he received the title of Certified Specialist in Tax Law. Jomec News 1 day ago Important Announcement: We Move to a New Office Location! Dear Valued Clients, We are thrilled to announce that our office has relocated to a new, more spacious location in Rotterdam as of 1 May... 2 days ago 2024 Aero Friedrichshafen Dutch Pavilion: Jomec Group Leads 20 Dutch Companies Developing Sustainable/ Electric Aviation Participating in the 2024 Germany Friedrichshafen General Aviation Exhibition From April 17th to 20th 2024, the Aero Friedrichshafen in Germany once again became the focus of the aviation industry, while the... Apr 8 Calling for Participation to Join Dutch Pavilion of Electric Aviation at AERO Friedrichshafen 2024 Jomec Investment Group is organiszing Dutch Pavilion of Electric Aviation at AERO Friedrichshafen 2024 from April 17th to 20th. AERO.... See All Our News

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    News & Deals Jomec News Legislation Express Jomec Reviews Major Deals

  • Yadhira Stoyanovitch

    < Back Yadhira Stoyanovitch Legal Partner @France Working Languages French, English, Spanish, Italian Email yadhira.stoyanovitch@jomec.nl Attorney Yadhira Stoyanovitch is a doctor of law with a French higher studies diploma in private international law (international commercial and contract law) and a graduate of the European School of Higher International Studies. Yadhira has almost 10 years of professional experience as a researcher in biotechnology legal protection (French Ministry of Research and Higher Education) and as a corporate lawyer (head of the Legal and General Affairs Department of ADEME) head) before founding her own firm and joining the Paris Bar in 1992. Areas of specialization: commercial law and international contracts, construction and real estate law, international family law, environmental law (treatment and disposal of industrial waste) and energy (energy production, new and renewable sources of energy, self-generation and cogeneration). Jomec News 1 day ago Important Announcement: We Move to a New Office Location! Dear Valued Clients, We are thrilled to announce that our office has relocated to a new, more spacious location in Rotterdam as of 1 May... 2 days ago 2024 Aero Friedrichshafen Dutch Pavilion: Jomec Group Leads 20 Dutch Companies Developing Sustainable/ Electric Aviation Participating in the 2024 Germany Friedrichshafen General Aviation Exhibition From April 17th to 20th 2024, the Aero Friedrichshafen in Germany once again became the focus of the aviation industry, while the... Apr 8 Calling for Participation to Join Dutch Pavilion of Electric Aviation at AERO Friedrichshafen 2024 Jomec Investment Group is organiszing Dutch Pavilion of Electric Aviation at AERO Friedrichshafen 2024 from April 17th to 20th. AERO.... See All Our News

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