14/06/2013
FratiniVergano’s Latest Issue of TradePerspectives© is Published

The first article concerns the recent initiation of anti-dumping and anti-subsidy investigations in China against wine imports from the EU, arguably as a response to the latter’s imposition of provisional anti-dumping duties against Chinese solar panels. The article focuses on the next steps to be taken by EU exporting companies targeted by the Chinese proceedings, stressing the vital importance of cooperating with the Chinese authorities, and explores the companies’ rights and obligations throughout the investigations in light of the relevant WTO provisions.

The second article deals with Canada’s publication of a list of goods that it may potentially subject to higher duties when imported from the US, as a form of ‘retaliation’ due to the US’ alleged failure to bring its COOL measures into compliance with WTO law. The article examines the nature and main implications of ‘retaliatory’ action under WTO rules, and suggests that, in light of past experiences, alternative measures be mutually agreed and adopted by the parties.
  
The third article addresses the judgment of a German court which held that the statements ‘stevia liquid’, ‘stevia leaves’ and the depiction of a stevia leaf on a bottle with the sweetener steviol glycoside (E 960) were misleading. The article analyses that the question appears to be whether the manufacturing process described in EU law must be interpreted in that steviol glycosides are derived from the stevia plant with complex physical and chemical processes or are extracted ‘naturally’ by simple physical separation and filtering techniques from the stevia leaves. The article concludes that the outcome of this litigation in possible appeals at German or EU Courts is poised to have an influence on the marketing of all products containing the additive E 960.

TradePerspectives© is available for full reading at the following link. With this fortnightly publication, we intend to regularly provide readers with a set of recent international trade developments of particular commercial and regulatory interest.  Our focus is on those matters that are set to become contentious trade issues or which should be followed closely by traders, government officials, lawyers, consultants and all other concerned parties. Trade Perspectives© does not constitute legal advice and is not, therefore, intended to be relied on or to create any client/lawyer relationship. For new recipients to be added to our circulation list, please contact us at: TradePerspectives@FratiniVergano.eu.

07/06/2013
Alessandra Fratini teaches at Tor Vergata University in Rome

On 7 June, Alessandra held her yearly lecture on EU competition and postal services regulation at Tor Vergata University in Rome, Italy. The lecture is part of the XII edition of the “Master in Antitrust e Regolazione dei Mercati” offered by Tor Vergata and focuses on competition issues related to public service compensation in the postal sector and on the reform of the EU State aid rules on Services of General Economic Interest.

31/05/2013
Alessandra Fratini presents a paper at CRRI’s 21st Conference on Postal and Delivery Economics

On 31 May, Alessandra presents a paper on the proposed Directive on the award of concession contracts at the 21st Conference on Postal and Delivery Economics in Portmarnock, County Dublin (Ireland). The paper explores the impact of the new measures on the entrustment and compensation of SGEIs, in the light of the proposed definition of concessions in connection with the notion of operational risk. The international conference is held by the CRRI (Center for Research in Regulated Industries) of the Rutgers Business School, Newark and New Brunswick (US). The conference programme is available at the following link.

22/04/2013
Alessandra Fratini speaks at seminar in Milan on EU Consumer Protection and ADR in the energy sector

On 22 April, Alessandra speaks at FederUtility’s Seminar “Gli sviluppi della conciliazione stragiudiziale nei settori energetici: dalle direttive comunitarie alla regolazione nazionale” in Milan. In the context of the launch of the “Servizio Conciliazione Clienti Energia”, established by the AEEG, Alessandra presents the relevant EU framework, with a focus on the provisions of the recently adopted ADR Directive and ODR Regulation.

16/03/2013
Gaia Pandolfi speaks at “VIII Congresso giuridico-forense per l’aggiornamento professionale”, in Rome, Italy

On 16 March 2013, Gaia gives a presentation at the seminar “Diritto di difesa e nuove democrazie: il ruolo dell’avvocato” in the framework of the VIII National Congress on professional education, organised by the Italian Bar Council and the Scuola Superiore dell’Avvocatura in Rome. She reviews the general principles and rules, developed at the EU and international level, regulating the exercise of the legal profession in the light of the democratic and market transition processes in Central Europe. Her presentation focuses on the role of lawyers in judicial proceedings in the Eastern European “new democracies” and on the existence of a monopoly of representation of qualified professionals in such jurisdictions.

14-15/03/2013
Paolo R. Vergano speaks at event on Non-Tariff Measures in Bangkok

On 14-15 March 2013, Paolo spoke in Bangkok at an event jointly organized by the Department of Trade Negotiations of the Thai Ministry of Commerce and the EU’s ARISE Project on Non-Tariff Measures (NTMs). The event and Paolo’s presentation focussed on the identification, classification and notification of NTMs by ASEAN Member States in light of WTO and ASEAN transparency obligations.  

02/2013
Alessandra Fratini publishes an article on the proposed reform of the EU rules on public procurement

Alessandra published a paper entitled “The proposed reform of the EU rules on public procurement: a postal sector perspective” in the book “Reforming the Postal Sector in the Face of Electronic Competition” (Ed. Edward Elgar, UK). The paper evaluates the implications for the postal sector of the ongoing review of the EU rules on public procurement. In particular, it reviews the rationale of the proposed Utilities Directive against the background of accomplished full market opening and fully fledged sector-specific regulation in the postal sector and makes the case for its exclusion from the scope of the Directive.

22/01/2013
Jogi H. Oshiai met with the Corporate Affairs Vice President of MARFRIG Group in São Paulo, Brazil

On 22 January 2013, Jogi met with the Corporate Affairs Vice President of MARFRIG Group in São Paulo, Mr. João de Almeida Sampaio Filho.  Jogi discussed with the Vice President of Marfrig Group issues regarding the interests of Brazilian bovine meat industries, particularly in relation to trade with the European Union and market access to other third countries.

21-22/01/2013
Paolo R. Vergano teaches at the World Trade Institute in Bern

On 21-22 January 2013, Paolo held his yearly course on “Tariffs, Quantitative Restrictions and Voluntary Export Restraints” at the World Trade Institute (WTI) in Bern, Switzerland. The course is part of the Master’s on International Law and Economics (MILE) offered by the WTI and focuses on the regulation, negotiation and administration of tariffs and non tariff-barriers in the WTO system. Paolo has been teaching this course at the WTI since 2003.

19/12/2012
FratiniVergano is awarded the AI Legal Awards 2012 –TMT Law Firm of the Year (Belgium)

FratiniVergano is honoured to announce that it has won the Acquisition International Legal Awards 2012 as TMT – Technology, Media and Telecommunications - Law Firm of the Year for Belgium. The AI Legal Awards prize lawyers that, as individuals and as a team, represent the best in class at innovation, differentiation and first class service to their clients.

28-29/11/2012
Alessandra Fratini and Fabio Filpo participate to a workshop in Bangkok on Competition Policy and Law in the ASEAN region

On 28-29 November, Alessandra and Fabio contribute to a workshop in Bangkok (Thailand), in the framework of a project for "Developing Regional Core Competencies on Competition Policy and Law" in the ASEAN Member States, sponsored by GIZ – Deutsche Gesellschaft für Internationale Zusammenarbeit.

14/11/2012
Gaia Pandolfi publishes an article on the reform of the “carte judiciaire” in France

The article builds upon a recent study of the French Sénat (“La réforme de la carte judiciaire”) on the revision of the judicial geography carried out during the period 2007-2011 in order to reduce the judiciary’s inefficiency. The article analyses the study and comments the results of the French reform, also in the light of the analogue reform of the Italian judicial system announced by the Monti government.

31/10/12
Alessandra Fratini lectures on State aid to Cinema and Creative Europe in Rome

On 31 October, Alessandra lectures in Rome at the 1st Corso per lo Sviluppo del Prodotto Cinematografico, organised by A.S.For. Cinema. Her lecture focuses on the draft Cinema Communication, which sets out the State aid assessment criteria for production of films and audiovisual works, and on Creative Europe, the proposed programme for the cultural and cretive sectors for 2014-2020.

17/10/2012
Mariacristina Bottino publishes an article in the European Journal of Consumer Law

The article, ‘Arrêt Invitel: l’effet ultra partes des clauses déclarées abusives’ reviews the ECJ’s judgment in Case C-472/10, Nemzeti Fogyasztóvédelmi Hatóság c. Invitel Távközlési Zrt, where the Courtdefines the scope of application of an unfair contract term declared void following an action brought in the public interest by a consumer protection authority against a seller or supplier. It states that the latter is not binding on any consumer who has entered into a contract with that seller or supplier to which the same general business conditions apply. Such a rule constitutes an adequate and effective means of preventing the continued use of unfair terms.

10/2012 Ignacio Carreño and Paolo R. Vergano publish article in the EJRR on Food Irradiation: The EU Regulatory Framework, Risk Assessment and International Trade Considerations

In the article published in Issue 3/2012 of the European Journal of Risk Regulation, Paolo Vergano and Ignacio Carreno, offer – by taking a comparative stance – an original analysis of the regulatory framework for food irradiation in the EU and predict the legal implications stemming from the approach suggested by EFSA’s scientific updated opinion in 2011. Among the many findings, they illustrate how there are potential legal conflicts between the current regulatory framework on food irradiation in the EU and the international trade framework of the World Trade Organization.

25/09/2012
Eugenia Laurenza speaks at a workshop in Seoul on EU-Korea relations

On 25 September 2012, Eugenia Laurenza presents the paper on “Regulatory Cooperation for Trade in Services in the EU and US Trade Agreements with the Republic of Korea: How Deep and How Compatible?” at the workshop “EU-Korea in a Changing World”, organized by the Seoul National University and the Leuven Centre for Global Governance Studies. The paper, co-authored with Prof. James Mathis, provides a comparative analysis of the approaches used for regulatory cooperation in trade in services by the EU and the US in their respective FTAs with Korea. The workshop is part of a project funded by the European Commission, aimed at creating an EU-Korea interdisciplinary team of experts that explores the possibilities for further cooperation between the EU and Korea on a set of interrelated policy issues, with a focus on investigating and promoting additional opportunities for regulatory cooperation between the EU and Korea.

22/8/2012
Jogi H. Oshiai is a regular columnist of “Feed and Food”, Brazil’s main publication specialised in agro-business issues related to animal protein

Jogi published his twelfth article on his monthly column called “International Trade Perspectives”.  Jogi’s latest article is titled “Animal Welfare before Summer Recess” and underlines that Brazil must expand its activities and investments in the area of animal welfare in order to meet the demand of international trade, which has also been characterized as an ethical demand of Brazilian society (pages 74, 76 e 77: link).

14/08/2012
Jogi H. Oshiai met with the President of ABIEC in São Paulo, Brazil

On 8 August 2011, Jogi met with the President of the Association of Brazilian Beef Exporters (ABIEC), Mr. Antonio Jorge Camardelli.  Jogi discussed with the President of ABIEC  issues regarding the interests of Brazilian bovine meat industries, particularly in relation to trade with the European Union and market access to other third countries.

14/8/2012
Jogi H. Oshiai met with the Director of Public Affairs of Elanco (Eli Lilly) in São Paulo, Brazil

On 14 August 2012, Jogi met with the Director of Public Affairs of Elanco, Marcio Caparroz. Jogi discussed with the Director issues regarding the interests of Elanco in the process of approval of beta-agonistes in Brazil. Jogi underlined that the stockholders involved were supposed to improve their communication to try to get an internal solution to present official guaranties regarding bovine meat to the EU.

13/8/2012
Jogi H. Oshiai met with the Director for Animal Health and Executive Secretary of the Brazilian National Beef Cattle

Council (CNPC) in São Paulo, Brazil
On 13 August 2012, Jogi met with the the Director for Animal Health, Mr. Sebastião Costa Guedes, and with the Executive Secretary, Mr. Thiago Rocha, of CNPC.  Jogi discussed with the representatives of CNPC issues regarding the interests of CNPC in the beta-agoniste issue, particularly in relation to trade with the European Union and market access.  The meeting aimed at raising awareness of CNPC concerning  the urgent need for a coherent split plan project for the bovine herd to avoid financial and reputational losses to the bovine sector.

6/8/2012
Jogi H. Oshiai met with the Director Presidente of MSD (Merck Sharp & Dohme e a Schering-Plough) in São Paulo, Brazil

On 6  August 2012, Jogi met with the Director President of MSD, Mr. Vilson Antonio Simon.  Jogi discussed with the Director President issues regarding the use of beta-agonistes  in the Brazilian bovine herd.

30/07/2012
FratiniVergano is awarded the AI M&A Awards 2012 –Telecommunications Law Firm of the Year (Belgium)

FratiniVergano is honoured to announce that it has won the Acquisition International M&A Awards 2012 as Telecommunications Law Firm of the Year for Belgium. The AI M&A Awards prize lawyers that, as individuals and as a team, provide higher value legal products and business oriented solutions.

23/7/2012
Jogi H. Oshiai published a new article on “Feed and Food”

Jogi published his eleventh article in his monthly column called “International Trade Perspectives”.  “Feed and Food” is Brazil’s main publication specialised in agro-business issues related to animal protein. Jogi’s latest article is titled “Os sonhos poderiam ser como imaginam” and underlines that Brazil has to give sufficient guaranties to the European Union regarding the use of beta-agonistes in the Brazilian bovine herd not to lose the European market for exports of bovine meat (pages 42 and 43: link).

25/06/2012
Jogi H. Oshiai participated in the “EU-BRAZIL: cooperation in innovation” conference at the European Parliament

On 25 June 2012, Jogi H. Oshiai participated in the “EU-BRAZIL: cooperation in innovation” conference at the European Parliament. The conference focused on three key sectors:  Energy, Agribusiness and Aerospace.  Jogi underlined the need to improve the bilateral dialogue, particularly within the agribusiness sector, taking in consideration the fragmented grouping of four very different economies of Mercosul.

19/06/2012
Jogi H. Oshiai participated in the Conference on “ASEAN AT 45 – regional hopes, global clout”

On 19 June 2012, Jogi participated in the Conference on “ASEAN AT 45 – regional hopes, global clout” at the “Bibliothèque Solvay” in Brussels.  The high-profile gathering included the EU Commissioner for Trade, Karel de Gucht, the Deputy Governor of Bank of Indonesia, Hartardi Sarwono and many other high-level representatives of all ASEAN Members States, Chinese Taipei and Japan. The Conference aimed at pointing out the significant achievements of ASEAN during the last  45 years and to debate the challenges that ASEAN will have to face in order to create an integrated region-wide economic area. Jogi contributed to the discussion regarding infrastructure and regulatory and legislative reforms.

01/06/2012
Gaia Pandolfi teaches at Tor Vergata University in Rome

On 1 June, Gaia lectures on postal services regulation and competition at Tor Vergata University in Rome. The lecture, which is part of the “Master in Antitrust e Regolazione dei Mercati”, covers the EU postal policy and its objectives, focusing in particular on the accomplishment of the Single Market for postal services and the maintenance of a high quality universal postal service.

31/05/2012
Alessandra Fratini presents a paper at CRRI’s 20th Conference on Postal and Delivery Economics

On 31 May, Alessandra presents a paper on the proposed reform of EU rules on public procurement at the 20th Conference on Postal and Delivery Economics in Brighton (UK). The paper looks at the rationale of Directive 2004/17/EC against the background of accomplished full market opening and fully-fledged sector-specific regulation in the postal sector and makes the case for its exclusion from the scope of the Directive. The international conference is held by the CRRI (Center for Research in Regulated Industries) of the Rutgers Business School, Newark and New Brunswick (US). The conference programme is available at the following link.

30/5/2012
Jogi H. Oshiai participated in the Conference “Greening business: obligation or opportunity”
On 30 May 2012, Jogi H. Oshiai participated in the Conference “Greening business: obligation or opportunity”, organised by the INSEAD Alumni Association at De Verande in Brussels. High level government and business leaders discussed with the speakers Gunter Pauli, founder of the ZERI foundation (Zero Emissions Research & Initiatives) and Christian Jourquin (former Solvay’s CEO) the challenge to find new solutions to the world’s population set to increase by as much as fifty percent by 2050, accompanied by a dramatic rise in the number of middle class consumers, which is depleting the planet’s natural reserves at an accelerating rate. Jogi contributed to the discussions by emphasising the importance of the emerging markets as a key drivers of growth in the global economy and underlining that business leaders and governments must find innovative solutions that are sustainable for the planet’s ecology in a radical change using less capital to be able to generate larger income flows.

22/05/2012
Alessandra Fratini speaks at World Mail & Express Europe 2012 Conference in Geneva

On 22 May, Alessandra speaks at WMX Europe 2012 - “Pushing the Envelope: re-defining the core business”in Geneva, Switzerland. She reviews the regulators’ agenda in the EU against the expectations for de-regulation and modernization of the existing legal definitions both for postal services markets under competition law and USO under the applicable postal regulation, and assesses how regulators are responding to the significant changes affecting all areas of the post and parcels sectors in Europe. See conference programme.

23/4/2012
Jogi H. Oshiai published a new article on “Feed and Food”

Jogi published the ninth article on his monthly column called “International Trade Perspectives”.  “Feed and Food” is Brazil’s main publication specialised in agro-business issues related to animal protein. Jogi’s latest article is titled “Animal welfare - even McDonald's is already investing in this area!” and underlines that animal welfare is not any longer an option at the production stage, but a regulatory requirement which is clearly market-oriented (pages 94 and 95: link).

03/2012
Alessandra Fratini and Fabio Filpo contribute to the “Codice dell’Unione Europea Operativo” (ed. Simone 2012)

Alessandra and Fabio have contributed to the new (Article-by-Article) Commentary of the European Union Treaties: “Codice dell’Unione Europea Operativo”, ed. Simone 2012, with comments on various Articles of the Treaty on the Functioning of the EU. Alessandra has commented on Article 106 (public undertakings, undertakings with special and exclusive rights and services of general economic interest), while Fabio has commented on Articles 108 (State aid procedures), 109 (application of Articles 108 and 109) 345 (property ownership), 346 (security exception), 347 (public order exception) and 348 (procedures applicable to Articles 346 and 347).

03/2012
Paolo R. Vergano and Eugenia Laurenza published an article on the EU’s ‘dirty fuel’ labelling initiative and the sustainability requirements for biofuels and bioliquids and their impact on international trade

Paolo R. Vergano and Eugenia Laurenza published an article entitled “Fossil Fuel ‘Grading’ and Sustainability Criteria for Biofuels and Bioliquids under the EU Fuel Quality and Renewable Energy Directives: Implications for International Trade”. The article focuses on two legislative initiatives: EU measures aimed at ‘grading’ fuels used in transportation according to their carbon footprint, required under the Fuel Quality Directive, and the sustainability criteria for biofuels and bioliquids established by the Renewable Energy Directive, and explores their impacts on international trade and on the rules of the WTO. The article argues that these measures should not neglect the commercial implications that they have on third countries’ (and traders’) interests and be consistent with the rules of the WTO in order to avoid that environmental policies result in instances of ‘green protectionism’. The authors conclude that multilateral solutions to address problems having an impact on trade should be preferred. The article is published in Issue 3/2012 of the Global Trade and Customs Journal.

28/03/2012
Eugenia Laurenza published an article on the services and investment liberalization framework in the EU - South Korea Free-Trade Agreement and its implications for the WTO GATS rules and bilateral investment treaties

Together with Prof. James Mathis, Eugenia Laurenza published an article entitled “Services and Investment in the EU - South Korea Free-Trade Area: Implications of a New Approach for GATS V Agreements and for Bilateral Investment Treaties”. The article focuses on the services and investment features of the recently concluded free trade agreement between the European Union and the Republic of Korea, analysing the approach taken by the parties to services and investment liberalization and its implications in light of the WTO General Agreement on Trade in Services rules for economic integration agreements and existing bilateral investment treaties operating between the parties. The article is published in Issue 13 (2012) of The Journal of World Investment & Trade.

28/03/2012
Mariacristina Bottino publishes an article on the Revue européenne de droit de la consommation

The article, ‘Arrêt Ving Sverige: la notion d’invitation à l’achat examinée au regard de la directive 2005/29/CE relative aux pratiques commerciales déloyales’ reviews the ECJ’s judgment in Case C-122/10, Konsumentombudsmannen v Ving Sverige AB, where the Court interprets, for the first time, the notion of “invitation to purchase” within the meaning of Article 2(i) of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market and provides guidance on the criteria to assess the unfair nature of this kind of commercial communication.

22/3/2012
Jogi H. Oshiai published a new article on “Feed and Food”

Jogi published the eighth article on his monthly column called “International Trade Perspectives”.  “Feed and Food” is Brazil’s main publication specialised in agro-business issues related to animal protein. Jogi’s latest article is titled “Animal welfare - investing today to prevent loss tomorrow?” and underlines that the European Union will take all the  opportunities  to show that the animal welfare policy has economic benefits and also contributes to add  value to the final product of animal protein (pages 82 and 83: link).

16/03/2012
Mariacristina Bottino speaks at AIGE’s Competition Conference in Milan

On 16 March, Mariacristina speaks at the conference on Competition and Effectiveness of Judicial Protection before the Judges of the European Union, organised by AIGE (Associazione Italiana Giuristi Europei) in cooperation with the Jean Monnet Centre of Excellence of the University of Milan. Mariacristina will address the conditions for admissibility of actions for annulment of Commission’s decisions in State aid cases, with a specific focus on the decisions “not to raise any objections”, in the light of the recent judgment of European Court of Justice in the Kronoply case.

10/03/2012
Ignacio Carreño publishes an article in the European Journal of Risk Regulation

In Issue 1/2012 of the European Journal of Risk Regulation, Ignacio publishes a report on a German judgment which ordered changes to the nutrition labelling on Ferrero's Nutella due to its misleading nature. The article analyses that Ferrero was only condemned because of the overall design of the nutrition labelling, which was admittedly intellectually-demanding and complex due to the amount of (correct) information provided, but which does not seem to breach any current or future EU nutrition labelling rules.

01/03/2012
Paolo R. Vergano co-authored the European Parliament’s External Study on “The Anti-Counterfeiting Trade Agreement (ACTA): an Assessment”

The Study, requested by the European Parliament’s Committee on International Trade (INTA) and published in late 2011, was conducted by the University of Maastricht’s Institute for Globalisation and International Regulation (IGIR), of which Paolo is a Fellow.  The Study was presented by IGIR during the “Workshop on the Anti-Counterfeiting Trade Agreement” held at the European Parliament on 1 March 2012. The workshop provided the first opportunity for the public to engage in debate and discussion on ratification of the ACTA by the European Parliament, and was attended by an unprecedented number of participants. Paolo V. Vergano authored the chapter on “Conformity with EU Law: Assessment of Potentially Conflicting Clauses with EU Legislation” and concluded that, although the provisions of ACTA appear to rest, in most cases, within the boundaries of EU law, in certain instances ACTA is arguably more ambitious, providing for a degree of protection that appears to go beyond the limits established in EU law.

29/2 - 1/3/2012
Jogi H. Oshiai participated in the Conference on the EU Animal Welfare Strategy: “Empowering consumers and creating market opportunities for animal welfare”

On 29 February and 1 March 2012, Jogi participated in the Conference on the EU Animal Welfare Strategy: “Empowering consumers and creating market opportunities for animal welfare”, organised in Brussels by the European Commission and the Danish presidency of the EU. The initiative aimed at presenting the EU strategy on the protection and welfare of the animals during 2012-2015 to the wide public and stakeholders. Jogi contributed to the discussion particularly in the session on “Optimized enforcement of animal welfare legislation”. The focus of his interventions was on EU regulatory matters concerning harmonisation of animal welfare legislation in the EU Member States. Jogi underlined that third countries, which produce animal protein products, are still not convinced that animal welfare will not be used as (or result in) non-tariff trade barriers against their exports to the EU.

02/2012
Alessandra Fratini and Mariacristina Bottino publish a paper on failure to implement the Postal Directive in the EU and the EEA

Alessandra and Mariacristina published a paper entitled “Failure to implement the Postal Directive in the EU and in the EEA: public and private enforcement of State liability” in the book “Multi-modal Competition and the Future of Mail” (Ed. Edward Elgar, UK). The paper addresses Member States’ liability and other possible consequences of a lack of transposition of the Postal Directive in the context of both public and private enforcement. Since the Directive is EEA-relevant, the paper also investigates what steps might be taken to ensure proper functioning of the internal postal market, should one of the EFTA countries exercise the reservation right provided for by the EEA Agreement.

02/2012
Eugenia Laurenza and Ignacio Carreño contribute to the ‘Research Handbook on the WTO Agriculture Agreement’

The ‘Research Handbook on the WTO Agriculture Agreement: New and Emerging Issues in International Agricultural Trade Law’ edited by Joseph McMahon and Melaku Geboye Desta focuses on important aspects of agricultural production and trade policy, such as the implication of national and international agricultural production and trade policies on national food security, global climate change, and biotechnology. It summarises the state of the WTO agriculture negotiations as well as the relevant jurisprudence, and it looks at new and emerging issues of agricultural trade law and policy that have received little attention so far.  Eugenia and Ignacio have contributed with the chapter 'Addressing the Solution of SPS and TBT Matters through Trade Negotiations' and argue that, to ensure that the benefits of tariff liberalisation and commercial concessions on agricultural products are not impaired by trade concerns arising from the application of SPS and TBT measures, negotiations and commercially meaningful results on regulations, standards and requirements affecting agricultural trade and falling within the scope of the SPS and TBT Agreements should be factored into the ongoing multilateral trade negotiations, and accompany negotiations on agricultural tariff liberalisation and market access concessions. The concluding section of the chapter offers practical proposals for possible reform within the current or future multilateral negotiations.

03/2/2012
Gaia Pandolfi published an article on the revision of the EU anti-money laundering Directive

Gaia publishes the article “La revisione della terza direttiva anti-riciclaggio e la posizione del CCBE” on the Journal “Attualità Forensi” edited by the the Italian Bar Association. The article illustrates the position of the Council of Bars and Law Societies of Europe (CCBE) in relation the ongoing revision of the third EU anti-money laundering Directive (2005/60/EC). Both substantial and political perspectives are investigated.

01/2012
Mariacristina Bottino joins FratiniVergano as an associate

We are pleased to announce that Mariacristina Bottino has joined FratiniVergano as an associate in the EU internal market and competition law practice. Mariacristina graduated at the University of Genoa in 2005. She received her Master in European Litigation from the University of Luxembourg in 2009 and obtained her PhD in EU law from the University of Milan in 2010. She was called to the bar in 2012. She will be working on various EU regulation and competition law matters including utilities, transportation, consumers' protection and staff litigation.

25/01/2012
Eugenia Laurenza spoke about lobbying in international trade at the European Institute of Public Administration (EIPA)

On 25 January, Eugenia spoke about lobbying in international trade at the European Institute of Public Administration (EIPA). Her lecture was part of a module on lobbying organised for the European Public Affairs Masters (EPA) of the University of Maastricht.

23-24/01/2012
Paolo R. Vergano teaches at the World Trade Institute in Bern

On 23-24 January 2012, Paolo holds his yearly course on “Tariffs, Quantitative Restrictions and Voluntary Export Restraints” at the World Trade Institute (WTI) in Bern, Switzerland. The course is part of the Master’s on International Law and Economics (MILE) offered by the WTI and focuses on the regulation, negotiation and administration of tariffs and non tariff-barriers in the WTO system. Paolo has been teaching this course at the WTI since 2003.

20/01/2012
Paolo R. Vergano spoke in Maastricht on China’s approach in relation to food safety and consumer protection

On 20 January 2012, Paolo spoke at the international conference jointly organized in Maastricht by the University of Torino and the University of Maastricht within the framework of the China-EU School of Law (CESL) Grant 2011 on “China and Non-Trade Concerns”. Paolo’s presentation was titled “A practitioner’s perspective on specific non-trade concerns in the areas of food safety and consumer protection: a comparative analysis of WTO notifications” and was based on research conducted by FratiniVergano’s Trade and Food Law Practice and directed by Ignacio Carreno.

20/1/2012
Jogi H. Oshiai published a new article on “Feed and Food”

Jogi published the sixth article on his monthly column called “International Trade Perspectives”.  “Feed and Food” is Brazil’s main publication specialised in agro-business issues related to animal protein. Jogi’s latest article is titled “Brazil’s dynamic protein sector and its attractiveness to foreign investors” and underlines that Brazil’s protein sector is a fantastic opportunity of sustainable growth for years to come, providing reference to the relevant WTO and international trade context. (pages 32 and 33:  http://www.revistafeedfood.com.br/pub/curuca/).

21/12/2011
Alessandra Fratini speaks at Consumers’ Forum General Meeting in Rome

On 21 December, Alessandra participates at Consumers’ Forum annual general meeting at the premises of the European Parliament Information Office in Rome. Alessandra presents the relevant EU dossiers of interest to Consumers’ Forum, with a focus on the recently published proposals for an ADR Directive and an ODR Regulation, as well as on the EU Commission’s initiatives under the 2012 Work Programme.

20/12/2011
Jogi H. Oshiai is a regular columnist of “Feed and Food”, Brazil’s main publication specialised in agro-business related to animal protein

Jogi published the fifth article on his monthly column called “International Trade Perspectives” - “The importance for Brazil to be a pro-active member of the World Trade Organization” – underlining the need for Brazil and its businesses to invest in better ‘policing’ other countries’ legislative, regulatory, technical and commercial initiatives (pages 72 and 74: link).

30/11/2011
FratiniVergano is awarded the AI Legal Award 2011 –Telecommunications Law Firm of the Year (Belgium)

FratiniVergano is honoured to announce that it has won the Acquisition International Legal Award 2011 as Telecommunications Law Firm of the Year for Belgium. The AI Legal Awards prize lawyers that, as individuals and as a team, provide higher value legal products and business oriented solutions.

28-29/11/2011
Jogi H. Oshiai participated in the ‘Fostering EU-Latin America ICT Policy Dialogue’ conference at the European Parliament

On 28 and 29 November 2011, Jogi H. Oshiai participated in ‘Fostering EU-Latin America ICT Policy Dialogue’ conference at the European Parliament. The high-profile participation totalling about 150 people, and the many and strong views expressed throughout the event, will help to demonstrate very clearly to key decision-makers and to the public at large the importance of EU-Latin America international cooperation in ICT research and development. Jogi underlined the need to share the relevant initiatives in LA countries to reinforce cooperation within LA countries in science and technology with a particular a focus on ICT to increase a better dialogue with the EU for a more effective cooperation.

25/11/2011
Gaia Pandolfi is appointed as the Information Officer of the Italian Bar Council at the CCBE

Gaia, who is in charge of the liaison between the Italian Bar Council (Consiglio Nazionale Forense) and the Council of Bars and Law Societies of Europe (CCBE), is now responsible for all Italian Bar Council communications with the CCBE Secretariat and with the other national delegations. She deals with matters affecting the legal profession at the European level (e.g. rules of conducts, professional qualifications, impact of competition law on the profession’s core values).

21/11/2011
Jogi H. Oshiai participated in the Policy Summit on EU-Latin America relations – "Latin America’s New Dynamic"

On 21 November 2011, Jogi H. Oshiai participated in the Policy Summit on EU-Latin America relations "LATIN AMERICA’S NEW DYNAMIC”, co-organised by Friends of Europe, @LIS2 – Alliance for the Information Society Programme and the United Nations Economic Commission for Latin America and the Caribbean in Brussels. High level government and business leaders discussed information and communication technology development in Latin America. Mobile phones and access to the Internet are set to be the key development tool for most countries in the region, holding out the promise of better healthcare, education and greater access to banking and to both business and government services. The Vice-Minister of the Ministry of Communications of Brazil and Jogi contributed to the discussion focussing on the importance of Brazil’s growing political and economic self-confidence and it’s importance to burst a new spirit of industrial innovation and social progress in Brazil and across the continent.

28/10/2011
Fabio Filpo speaks at a conference on the future of the EU Cohesion Policy in Perugia

The conference, organised by the Region of Umbria and the SEU Institute, discussed the new EU Cohesion Policy (2014-2020), following the legislative proposals recently submitted by the European Commission (link to the programme).

10-14/10/2011
Alessandra Fratini and Fabio Filpo visit 5 ASEAN Member States in the framework of a project on competition law

From 10 to 14 October, Alessandra and Fabio hold a series of meetings with public authorities and academic/business representatives in Cambodia, Malaysia, Philippines, Thailand and Vietnam, in the framework of a project for the development of competition policy and law in ASEAN.

07/10/2011
Jogi H. Oshiai participated in the Symposium on “Sustainable Agriculture for an Innovative Economy – an Opportunity for Brazil and Belgium”

On 7 October 2011, Jogi participated in the  Symposium “Sustainable Agriculture for an Innovative Economy – an Opportunity for Brazil and Belgium” in Gent, Belgium. The Brazilian institutions were represented by the Brazilian Ambassador to Belgium, the Ministry of Foreign Affairs, the Ministry of Education, and the Ministry of Agriculture, Livestock and Supply.  The Brazilian private sector was represented by large conglomerates such as Petrobras, Vale, Odebreht and Associations like UNICA.  The Symposium aimed at exchanging information regarding biotechnology with governmental and industrial high level representatives. Jogi contributed to the discussion between high-level Brazilian policy-makers,  representatives of the Brazilian companies and Belgian representatives. The focus of his interventions was on EU regulatory matters, particularly the one concerning GMO products. Jogi underlined the necessity for Brazilian companies to be more proactive in Brussels in order to best defend their commercial interests.

06/10/2011
Alessandra Fratini and Fabio Filpo comment on State aid to SGEIs on IPC Regulatory Flash

05/10/2011  
Jogi H. Oshiai participated in the Post-Summit Briefing on fifth EU-Brazil Business Summit

On 5 October 2011, Jogi participated in the Post-Summit Briefing on the outcome of the fifth EU-Brazil Business Summit, which took place in Brussels on 4 October 2011.  The Brazilian market is growing, opportunities for European business are greater than ever and trade between the EU and Brazil is on the rise. At this Post-Summit Briefing, business representatives from Europe and Brazil analysed the outcome of the Business Summit, as well as the challenges facing businesses on both sides. The EPC’s Chief Executive Officer  chaired a high-level panel consisting of the President of Embraer, the Director of the International Relations Department at BUSINESSEUROPE, the Executive Director of the Brazilian National Confederation of Industry (CNI), and the Vice-President for Business Environment, Corporate Relations and Responsibility of Nokia.  Jogi and the Minister Counsellor of the Mission of Brazil to the EU contributed to the discussion focussing on the importance of agro-business for Brazil and for the MERCOSUR to reach a fair negotiating package between the EU and Brazil.

04/10/2011
FratiniVergano participated in the fifth EU-Brazil Business Summit organised by BUSINESSEUROPE, the National Confederation of Industry of Brazil (CNI) and EUROCHAMBERS

On 4 October 2011, Jogi H. Oshiai and Paolo R. Vergano participated on the fifth EU-Brazil Business Summit organized by BUSINESSEUROPE, the National Confederation of Industry-Brazil (CNI) and EUROCHAMBERS . High level business leaders discussed cooperation in vital economic areas, such as innovation, financial services, investment opportunities, energy and climate change.  European and Brazilian business call on political leaders to advance integration between the two economies in order to promote sustained growth and jobs. European and Brazilian businesses believe that the EU-Brazil Strategic Partnership is an essential policy avenue to boost bilateral relations and build on past achievements.

27/09/2011
Alessandra Fratini presents a case study at EIPA’s Seminar on Services of General Economic Interest and State Aid in Maastricht

On 27 September, Alessandra speaks at EIPA (European Institute of Public Administration)’s Seminar “Services of General Economic Interest and State Aid - The Application of the Rules and National Experiences” in Maastricht, The Netherlands. She presents a national experience in the postal sector, covering the conditions of entrustment and compensation for the universal service obligations in Italy as well as their assessment under the EU State aid rules, and discusses open issues in the current SGEIs’ debate, such as the efficiency control and the contested Altmark’s 4th condition. See seminar programme.

15/09/2011
Alessandra Fratini presents a paper at the 2nd Annual TIP Conference 2011 in Lausanne

On 15 September, at the 2nd Annual Trends in Innovation in the Postal Market (TIP) Conference 2011 in Lausanne (Switzerland), Alessandra presents a paper on regulatory expectations for USO financing under the SGEI Package reform and the Lisbon Treaty. The paper also addresses the “stone guest” that has been underlying the recent regulatory debates, that is the call for a regulatory review of USO as it currently stands. The international conference is promoted by the EPFL (Ecole Polytechnique Fédérale de Lausanne) and IPC (International Post Corporation). The conference programme is available at the following link.

12/09/2011
Gaia Pandolfi is appointed as the Brussels Representative of the Italian Bar Council at the CCBE

Gaia acts as the liaison between the Italian Bar Council (Consiglio Nazionale Forense) and the Council of Bars and Law Societies of Europe (CCBE), the representative organisation of European Bars and Law Societies, dealing with issues affecting the practice of the legal profession at the European level (e.g. rules of conducts, professional qualifications, impact of competition law on the profession’s core values).

12/09/2011
Alessandra Fratini publishes an article on the Review of Network Economics

Alessandra publishes the article “The Universal Postal Service after the Lisbon Treaty: a True Step Forward?” on Vol. 10: Iss. 3, Article 8 of the Review of Network Economics. The article presents a critical overview of the impact of the Lisbon Treaty on the European acquis related to postal services, especially on universal service obligations. The analysis underlines that, although the Lisbon Treaty is not expected to have any substantial effect on currently applicable EU law and regulation governing the universal postal service, Article 14 FEU, the binding value of the Charter of Fundamental Rights and Protocol No. 26 on Services of General Interest set out key principles for action, which are potentially relevant for the future regulation of universal postal service. The article is available at the following link.

15/08/2011
Jogi H. Oshiai met with the President and Directors of Market and Scientific, Technical and Production of UBABEF in São Paulo, Brazil

On 15 August 2011, Jogi met with the President and Directors of Market and Scientific, Technical and Production of UBABEF. Jogi discussed with the representatives of UBABEF a number of issues regarding the interests of Brazil’s poultry sector, particularly in relation to animal and public health and also in light of the perceived EU market access barriers.

09/08/2011
Jogi H. Oshiai was interviewed by the Brazilian TV journalist at the BM&F

On 9 August 2011, Jogi was interviewed on Brazilian TV at the BM&F, which is the most important Brazilian institution to intermediate equity market transactions and the only securities, commodities and futures exchange in Brazil. BM&FBOVESPA further acts as a driver for Brazilian capital markets. Jogi was interviewed in relation Brazil’s agro-business, trade and trade negotiations vis-à-vis the EU and the WTO (link).

08/08/2011
Jogi H. Oshiai met with the President and Director of ABIEC in São Paulo, Brazil

On 8 August 2011, Jogi met with the President and Director of the Association of Brazilian Beef Exporters (ABIEC). Jogi discussed with the representatives of ABIEC  issues regarding the interests of Brazilian bovine meat sector, particularly in relation to trade with the European Union and market access opportunities.

26/07/2010  
Jogi H. Oshiai was appointed to be a regular columnist of “Feed and Food” Brazil’s main publication specialised in agro-business related to animal protein

Jogi has already published three articles on his monthly column called “International Trade Perspectives”.  The first article “From Farm to Fork” in the EU with E.coli: Lessons for Brazil” provides an overview of the EU E-coli crisis: (pages 46 and 47: link).
The second article “The new EU approach in the area of import controls on feed and food: is Brazil dreaming big?” provides an overview of the EU food safety policy (pages 80 and 81: link).  The third article “EU extends mandatory country-of-origin labelling to poultry and other fresh meat” provides an overview of a new EU regulation on food labelling rules (page 52: link).

23-27/07/2011
Jogi H. Oshiai advised two Brazilian aquaculture companies on EU market access

During this period, Jogi H. Oshiai, travelled to the Brazilian State of Mato Grosso do Sul (MS) to meet with the Scientific Researcher of Agriculture Secretariat of the São Paulo State (APTA), Mr. Fábio Rosa Sussel. Jogi also met with the representatives of two large aquaculture companies in the State of MS. Jogi and Mr. Rosa Sussel advised the two companies for purposes of developing a better strategy in production and international trade, particularly in relation to EU sanitary requirements and trade legislation regarding imports of fisheries and aquaculture products.

20/07/2011
Jogi H. Oshiai met with the Executive Secretary for Strategic Affairs of the Brazilian State of Santa Catarina

On 20 July 2011, Jogi met with the Executive Secretary for Strategic Affairs of Brazil’s Santa Catarina State, Mr. Paulo Cesar da Costa. Jogi and Mr. da Costa discussed issues regarding the interests of Santa Catarina in the areas of agro-business, particularly in relation to trade with the European Union and market access.  The meeting aimed at raising awareness of Santa Catarina’s competent authorities about the urgent need for a structured and effective participation of Santa Catarina’s Government in the EU-MERCOSUR negotiations and in bilateral EU-Brazil trade discussions.

22/06/2011
Jogi H. Oshiai participated in the conference “No Fish Left on the Plate” at the European Parliament

On 22 June 2011, Jogi participated in the European Parliament’s conference “No Fish Left on the Plate”. The event aimed at raising awareness about the urgent need for a radical Common Fisheries Policy reform (CFP), ahead of the European Commission’s forthcoming proposal.  Jogi contributed to the discussion between high-level EU policy-makers, MEPs, representatives of EU Associations and NGOs on the environmental, economic and social sustainability issues regarding the CFP reform.

22/06/2011
Eugenia Laurenza and Paolo R. Vergano spoke on trade preferences at the ECDPM policy dialogue on “The Reform of the GSP: Targeting Countries Most in Need”

On 22 June 2011, Eugenia and Paolo participated as trade experts to the event organized in Brussels by the European Centre for Development Policy Management on “The Reform of the GSP: Targeting Countries Most in Need” (www.ecdpm.org/gsp2206). This gathering aimed at fostering dialogue among European stakeholders (i.e., EU Member States, the European Commission, the European Parliament and private sector representatives) in order to discuss the main elements of the Commission proposal on the reform of the GSP scheme. The meeting provided a lively platform for informal reflection and discussion.

16/06/2011
FratiniVergano Holds Workshop on the EU/Canada CETA Negotiations

On 16 June 2011, FratiniVergano hosts a workshop on the EU/Canada negotiations for a Comprehensive Economic and Trade Agreement (CETA). The workshop aims at bringing informally together, ahead of the July negotiating round, EU and Canadian negotiators, trade associations and companies interested in bilateral trade relations and commercial opportunities.  The key-note address will be given by Mr. Gordon LaFortune, partner at Gottlieb & Associates in Ottawa, Canada and trade lawyer with long-standing expertise in Canadian trade matters.  This event is the first of a series focussing on bilateral and regional trade negotiations, an area of growing activity and involvement for FratiniVergano.

04/06/2011
Alessandra Fratini presents a paper at CRRI’s 19th Conference on Postal and Delivery Economics

On 4 June, at the 19th Conference on Postal and Delivery Economics in St. Helier (Jersey), Alessandra presents a paper on public and private enforcement of State’ liability in case of failure to implement the Postal Directive. The paper also addresses the likely consequences of the exercise of the reservation under Article 102 of the EEA Agreement by any of the EFTA States. The international conference is held by the CRRI (Center for Research in Regulated Industries) of the Rutgers Business School, Newark and New Brunswick (US). The conference programme is available at the following link.

25/05/2011
Alessandra Fratini teaches at Tor Vergata University in Rome

On 25 May, Alessandra lectures on postal services regulation and competition in the “Master in Antitrust e Regolazione dei Mercati” at Tor Vergata University in Rome. Her lecture focuses on competition issues related to public service compensation in the postal sector and on the reform of the EU State aid rules on Services of General Economic Interest.

20/05/2011
Gaia Pandolfi teaches at Tor Vergata University in Rome

On 20 May, Gaia lectures on postal services regulation and competition at Tor Vergata University in Rome. The lecture, which is part of the “Master in Antitrust e Regolazione dei Mercati”, covers the EU postal policy and its objectives, focusing in particular on the accomplishment of the Single Market for postal services and the maintenance of a high quality universal postal service.

05/2011
Jogi Humberto Oshiai has joined the firm as Director for Public Affairs

FratiniVergano is proud to announce that, as of May 2011, Jogi Humberto Oshiai has joined the firm as its Director for Public Affairs.  Jogi brings unparallel expertise and contacts in government and private sector relations, greatly extending the firm’s reach within Latin America, particularly Brazil. 
Prior to FratiniVergano, Jogi was Director for Latin American Trade to the EU for almost five years at another Brussels-based law firm and, before that, an Economic and Commercial Adviser  at the Mission of Brazil to the EU for many years. 
As an advisor to the firm, he will deal primarily with food and agriculture policy, trade negotiations, sanitary and phytosanitary compliance, market access, sustainable development, renewable energy, government liaison, lobbying and business development.  We are thrilled to be able to welcome Jogi under our roof and are convinced that his skills, enthusiasm and experience will contribute to the further growth of FratiniVergano.
Jogi holds a post-graduate degree in International Trade from the Solvay Business School, a Master’s degree in Management from the Brussels School of Economics and Management and a Master’s degree in International Politics from the Free University of Brussels. Jogi speaks fluent Portuguese, English, French, Italian, Spanish and some Japanese. He can be reached at j.oshiai@fratinivergano.eu

24/04/2011
Paolo Vergano spoke at IPBA 2011 in Kyoto, Japan

On 24 April 2011, Paolo R. Vergano gave a presentation on “Standards in Trade Disputes and Negotiations” at the 21st Annual Meeting and Conference of the Inter-Pacific Bar Association (IPBA) in Kyoto/Osaka. In his speech, in the Panel on Standards Disputes and Innovation (Views from Trade, IP, and Competition), Paolo argued that, while standards and technical regulations are legitimate forms of regulation aimed at achieving legitimate policy objectives, they are, however, often seen as trade barriers and regulatory barriers that are costly and complex to comply with. The focus of his presentation was the trade impact of standards and technical regulations, with particular references to EU measures that have resulted or are resulting in alleged trade barriers and/or trade disputes, such as in the field of GMOs, novel foods, cloning and health claims. The presentation closed with a description of the key obligations and remedies under the WTO system and a review of the peculiar SPS and TBT chapters of the EU/Korea and the US/Korea FTAs, where specific NTBs benefitted of specific negotiated solutions.

21/04/2011
FratiniVergano’s Latest Issue of TradePerspectives© is Published

The first article discusses a recent meeting of the WTO Committee on Technical Barriers to Trade at which WTO Members debated Brazil’s recent introduction of a draft resolution which sets maximum legal levels of tar, nicotine and carbon monoxide in tobacco products, and prohibits the use of all additives in these products. The article analyses the concerns of WTO Members regarding Brazil’s draft resolution as they relate to the WTO’s Agreement on Technical Barriers to Trade. The second article concerns last week’s vote by the EU Parliament’s ENVI Committee on a draft report for a regulation amending the current GMO authorisation procedure. The proposed amendments to the GMO authorisation procedure would not directly affect the safety approval of GM crop varieties, but would introduce environmental and socio-economic grounds as a possible justification for EU Member States to ban or restrict GMO cultivation. The article notes that the environmental profile (i.e., pest resistance or biodiversity preservation) may provide a justification for specific GM crop cultivation bans or import restrictions on GM crop seeds, but analyses whether this approach would likely stand up to WTO legal scrutiny. The third article assesses a recent decision by EU Member States to endorse an EU Commission proposal to impose both anti-dumping and countervailing duties on imports of coated fine paper from China. If approved by the EU Council, this would be the first time the EU has ever imposed countervailing duties on China. The final article concerns the adoption by the EU Commission of its first annual Trade and Investment Barriers Report. The Report focuses on trade barriers which have arisen in the markets of a number of strategic EU trading partners, including China and Brazil. The article assesses key trade issues relating to these two trade partners.

08/04/2011
Paolo Vergano moderated a panel at the ASEFUAN/IGIR Dialogue on Trade and Public Health in Brussels

On 8 April 2011, Paolo moderated a panel of experts discussing the WTO Implications of the Seizure of Medicines in Transit during a conference organized by ASEFUAN/IGIR on the topic of “Trade and Public Health”. The dialogue was held in Maastricht University’s Brussels campus.  The panel of experts moderated by Paolo was made up by Secretary José Antonio Cury Gonçalves Braga (Head of the Intellectual Property Section at the Brazilian Mission to the EU), Mr. Lothar Ehring (Assistant to the Deputy Director-General of the European Commission’s DG Trade), and Dr. Henning Grosse Ruse-Khan (Senior Research Fellow at the Max Planck Institute for Intellectual Property and Competition Law in Munich).

25/03/2011
FratiniVergano’s Latest Issue of TradePerspectives© is Published

The first article reports on what some in the EU have called a ‘mackerel war’, prompted by Iceland and the Faroe Islands unilaterally raising their mackerel fishing quotas. The article argues that trade and legal instruments may soon add to the scientific and political debate surrounding the sustainable management of mackerel resources. The second article concerns Norway’s request for the establishment of a WTO panel to adjudicate a dispute regarding the EU’s imposition of a ban on the import of seal products. The article notes the slight differences in the legal arguments offered by Norway and Canada in their separate requests for the establishment of a panel regarding the EU’s seal import ban. The third article reports that the EU and Malaysia may conclude negotiations for a free trade agreement (FTA) by June 2012. The article outlines the outstanding negotiating issues and notes the EU’s interest in using an eventual FTA as a step towards establishing a regional EU – ASEAN FTA. The last article outlines a recent decision by the Canadian Federal Court of Appeal that upheld provisions of certain Canadian regulations which impose minimum whey protein/casein ratios in cheese. The article argues that these regulations have yet to have an appreciable economic effect on EU cheese exports to Canada, and that it is unlikely that this will become a controversial topic in the current EU – Canada FTA talks.  

11/03/2011
Alessandra Fratini lectures on EU public procurement in Milan

On 11 March 2011, Alessandra Fratini lectures on EU public procurement regulation at the training session organized in Milan, Italy, by the local Chamber of Commerce within the framework of the EuroPROC project (European regional cooperation for SMEs’ access to public procurement), cofinanced under the INTERREG IVC programme for interregional cooperation across Europe (European Regional Development Fund).

15/02/2011
Paolo Vergano speaks in Brussels on Food, Nutrition & Health Claim Legislation in Europe

On 15 February 2011, Paolo will speak at the 6th International Workshop on “Nutrition & Health Claims Europe: Crisis or Opportunities?” organized by HealthClaims.eu (link).  The event will take place at the Radisson Blue Royal Hotel in Brussels, Belgium and is intended to target R&D and nutritional communication staff, legal counsels, marketing and sales officers, and managers of European food industry companies and operators interested in importing food products into the European Union. Paolo will make a presentation on the “Prohibition of Claims versus Protected Rights”, looking at EU/WTO labelling provisions, the fundamental right of freedom of speech and intellectual property rights.

05/02/2011
Alessandra Fratini teaches at Alma Mater Studiorum University in Bologna

On 5 February 2011, Alessandra lectures on EU State aid law at Alma Mater Studiorum University, in Bologna, Italy. The lecture is part of the course on European industrial policy – State aid, at the Faculty of Economics of the University of Bologna.

24-25/01/2011
Paolo Vergano teaches at the World Trade Institute in Bern

On 24-25 January 2011, Paolo holds his yearly course on “Tariffs, Quantitative Restrictions and Voluntary Export Restraints” at the World Trade Institute (WTI) in Bern, Switzerland. The course is part of the Master’s on International Law and Economics (MILE) offered by the WTI and focuses on the regulation, negotiation and administration of tariffs and non tariff-barriers in the WTO system. Paolo has been teaching this course at the WTI since 2003.

11/2010 
Paolo Vergano advises the Legal Services and Agreements Division of the ASEAN Secretariat in relation to dispute settlement

In November 2010, Paolo is assisting the Legal Services and Agreements Division (LSAD) of the ASEAN Secretariat in relation to a number of legal issues.  Particular focus is being given to the functioning of ASEAN’s Enhanced Dispute Settlement Mechanism (EDSM).  Paolo, with the support of Eugenia Laurenza, is drafting a set of “EDSM Guidelines” to provide direction and procedural guidance for LSAD to be able to effectively and timely manage future dispute settlement proceedings.

28/09/2010
Alessandra Fratini presents a paper at EIPA Seminar on Services of General Economic Interest and State Aid in Maastricht

On 28 September, Alessandra speaks at EIPA (European Institute of Public Administration)’s Seminar “Services of General Economic Interest and State Aid - The Application of the Rules and National Experiences” in Maastricht, The Netherlands. She presents a national experience in the postal sector, covering the conditions of entrustment and compensation for the universal service obligations in Italy as well as their assessment under the EU State aid rules, and discusses open issues in the current SGEIs’ debate, such as the efficiency control and the contested Altmark’s 4th condition. See seminar programme.

21/09/2010
Alessandra Fratini speaks at Number Portability Conference in Vienna

On 21 September, Alessandra speaks at IIR’s Number Portability 2010 in Vienna, Austria, presenting the drivers and challenges for the implementation of Number Portability in the EU and the WTO. She reviews the applicable requirements under the acquis communautaire and the WTO rules and identifies the associated drivers in the context of a country’s political and international strategy. See conference brochure.

09/2010  
Eugenia Laurenza meets the authorities of CARICOM Members States

In September 2010, Eugenia Laurenza will travel to the Caribbean to meet with the authorities of individual CARICOM Members States. FratiniVergano will conduct this mission in the context of the assistance that it is delivering to the CARICOM Secretariat on notification procedures and implementation of the CARICOM Single Market and Economy. Authorities in 12 CARICOM Member States will be met in order to assess the regulatory and institutional state-of-play ahead of the formulation of a set of recommendations and conclusions.

08-12/2010  
FratiniVergano is assisting the Government of Vanuatu in its WTO Accession bid

As of August 2010, FratiniVergano is assisting the Government of Vanuatu in its WTO Accession negotiations. The project is aimed at raising awareness among Government officials and national stakeholders on the implications of Vanuatu’s WTO Accession and to strengthen dialogue on trade issues between key officials, national opinion leaders and stakeholders. The project foresees, inter alia, the organization of a final National Validation Workshop with the participation of international experts and around 50 stakeholders.

1-2/07/2010  
Paolo Vergano and Eugenia Laurenza hold dispute settlement training to the benefit of ASEAN officials

On 1 and 2 July 2010, Paolo Vergano and Eugenia Laurenza hold a two-day training course sponsored by InWEnt to the benefit of ASEAN Secretariat officials on the laws and procedures under the ASEAN Enhanced Dispute Settlement Protocol. The training course will involve about 20 officers from the Legal Services and Agreements Division of ASEC and a number of officers from other line divisions within ASEC that may have substantive competences in future ASEAN dispute settlement procedures.  FratiniVergano has been advising the ASEAN Secretariat on dispute settlement since 2007.

20-25/06/2010  
Paolo Vergano and Eugenia Laurenza advise the CARICOM Secretariat on notification procedures

During this period, Paolo Vergano and Eugenia Laurenza travel to Barbados to meet with the CARICOM Single Market and Economy Unit (CSME) of the CARICOM Secretariat. Paolo and Eugenia are assisting the CARICOM Secretariat in developing a set of harmonised notification tools that will support implementation and compliance with the obligations arising from CARICOM Members’ participation to the CARICOM Single Market and Economy.

4/6/2010
Alessandra Fratini presents a paper at CRRI’s 18th Conference on Postal and Delivery Economics

On 4 June, Alessandra presents a paper on the regulatory opportunities for postal operators under the Europe 2020 Strategy at the 18th Conference on Postal and Delivery Economics in Porvoo (Finland). The international conference is held by the CRRI (Center for Research in Regulated Industries) of the Rutgers Business School, Newark and New Brunswick (US). The conference programme is available on http://crri.rutgers.edu/references/post/index.html

6/2010 
Paolo Vergano and Eugenia Laurenza publish a paper on subsidies to renewable energy sources and international trade

Paolo and Eugenia published an article on subsidies to renewable energy sources and international trade in Volume 5 of Kluwer’s Global Trade and Customs Journal. The article intends to describe some of the issues arising from the relationship between renewable energy subsidies and their impact onto trade, including trade in products instrumental to the pursuit of environmental objectives, which may be directly targeted or indirectly affected by such policies. It does so by first providing an overview of some of the renewable energy subsidies currently applied by a number of WTO Members and by then reviewing the relevant WTO rules and their application to renewable energy support programmes. The article also highlights some key elements of the relationship between trade and climate change. Finally, the authors suggest a possible solution in order to achieve both environmental objectives and the pursuit of free and fair trade.  They do so by arguing for the application of a “peace clause” against multilateral trade challenges of these types of subsidies, leaving at the same time intact the possibility for WTO Members to apply domestic trade defence measures to address possible trade distortions resulting from the use of environmental subsidies.

18-21/5/2010
Alessandra Fratini and Gaia Pandolfi teach at Tor Vergata University in Rome

On 18 and 21 May, Alessandra and Gaia lecture on postal services regulation and competition at Tor Vergata University in Rome. The lectures, which are part of the “Master in economia della concorrenza e della regolazione delle public utilities”, cover the EU-driven liberalisation process and competition-related issues on public service compensation in the postal sector.

19-20/03/2010 
Paolo Vergano addresses a number of WTO-related issues at the EU Ayurvedic Association’s Conference

On 19 and 20 March 2010, Paolo spoke at the EU Ayurvedic Association’s Conference in Budapest, Hungary.  He was invited by the organizers in order to address a number of trade-related issues affecting trade in Ayurvedic products and market access opportunities to the EU as a consequence of a number of EU Directives that are disciplining the sectors of food supplements, traditional herbal medicines and medicinal products.

1-12/02/2010 
Paolo Vergano trains the new Legal Services and Agreements Division of the ASEAN Secretariat in relation to dispute settlement

In February 2010, Paolo spent two weeks at the ASEAN Secretariat in Jakarta, Indonesia working with the newly-established Legal Services and Agreements Division (LSAD) and providing advice on a number of legal issues.  Particular focus was given to the functioning of ASEAN’s Economic Dispute Settlement Mechanism.  Paolo provided training and assistance to equip LSAD with the necessary internal procedures and instruments to be able to manage future dispute settlement proceedings.

2/2010
Alessandra Fratini publishes a paper on access to infrastructure and service elements in the postal sector

Alessandra published a paper entitled “Access to infrastructure and service elements in the postal sector” in the book “Heightening Competition in the Postal and Delivery Sector” (Ed. Edward Elgar, US). The paper, co-written with Bernard Roy and Joost Vantomme, moves from the provisions in the Third Postal Directive that have broadened the scope of access from traditional essential facilities to particular information or services historically controlled by the incumbent. Against the background of ex ante regulatory models applied in other network industries, the paper discusses the scope of regulatory intervention in the area of infrastructure and service elements in the postal sector. While there should be a combination of general competition rules and sector-specific regulations according to the specific market situation in any given case, regulatory practices in the postal sector appear to point to “ex ante soft” regulation as the emerging model.

21/01/2010
Alessandra Fratini speaks at Advanced Mobile Network Optimisation Conference in Berlin

On 21 January, Alessandra speaks at MarcusEvans’ 3Advanced Mobile Network Optimisation, 3G, 3G+ and LTE in Berlin, Germany, presenting the Legal and Regulatory Perspective. She covers issues such as spectrum regulation and investment sharing under the Telecoms Package, the new GSM Directive, the regulatory challenges of fixed-mobile convergence and the Post- i2010 strategy, focusing on the implications for mobile operators.
See Conference brochure.

15/01/2010
Eugenia Laurenza lectures on EU food labelling and traceability law at the Universitat de Lleida in Catalonia, Spain

On 15 January 2010, Eugenia held her course on EU food labelling and traceability law at the Universitat de Lleida in Catalonia, Spain. The course is part of the third edition of the Master in Agrifood Law organised by the Universitat de Lleida and focuses on the EU food labelling legislation, EU traceability rules and the interpretation by the Court of Justice of the European Union.

11-12/01/2010
Paolo Vergano teaches at the World Trade Institute in Bern

On 11-12 January 2010, Paolo held his yearly course on “Tariffs, Quantitative Restrictions and Voluntary Export Restraints” at the World Trade Institute (WTI) in Bern, Switzerland. The course is part of the Master’s on International Law and Economics (MILE) offered by the WTI and focuses on the regulation, negotiation and administration of tariffs and non tariff-barriers in the WTO system. Paolo has been teaching this course at the WTI since 2003.

10/2009
Alessandra Fratini publishes an article on the Telecoms Package

Alessandra publishes an article on the EU telecommunications reform package in the Journal of Telecommunications Management, Henry Stewart Publications. The article provides an overview of the regulatory developments in the e-communications sector following the EU Telecoms Reform Package, focusing in particular on the radio spectrum reform, the Commission’s power in the context of market analyses, the regulation of NGNs and the establishment of the new EU Authority.

9-12/2009
Ignacio Carreño advises the CARICOM Secretariat in relation to food safety legislation

Since September 2009, Ignacio Carreño is advising the CARICOM Secretariat on its model food safety legislation. In particular he analyses its compliance with international food safety rules like Codex Alimentarius.

29-30/09/2009
Fabio Filpo participates to a workshop in the Philippines on Competition Policy and Law in the ASEAN region

On 29 and 30 September, Fabio participated, as expert, to a workshop in Manila, Indonesia, in the framework of a project sponsored by InWent – Capacity Building International, in which FratiniVergano is assisting the ASEAN Secretariat on developing Regional Guidelines for Competition Policy in ASEAN.

8-17/09/2009
Alessandra Fratini and Fabio Filpo visit ASEAN Member States in the framework of a project on Competition Law

From 8 to 17 September, Alessandra and Fabio held a series of meetings with public authorities and business representatives in Brunei Darussalam, Cambodia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore and Thailand. The field missions were in the framework of a project for the development of a Handbook on Competition Policy and Law in ASEAN for Business.

18-19/08/2009
Alessandra Fratini and Fabio Filpo hold a workshop in Indonesia on Competition Policy and Law in the ASEAN region

On 18 and 19 August, Alessandra and Fabio held a workshop in Yogyakarta, Indonesia, in the framework of a project for the development of a Handbook on Competition Policy and Law in ASEAN for Business. The project, sponsored by InWent – Capacity Building International, aims at informing the business community and investors of the current approaches and practices relating to Competition Policy and Law in ASEAN countries. Alessandra and Fabio are assisting the ASEAN Secretariat in developing a competition culture and rising awareness amongst regional and transnational businesses engaged in the ASEAN region.

3/8/2009
Paolo Vergano speaks on ASEAN dispute settlement mechanisms at AIELN Tokyo 2009

On 3 August 2009, at the invitation of the Asian International Economic Law Network (AIELN), Paolo spoke in Tokyo, Japan, on “The ASEAN Dispute Settlement Mechanism and its Role in a Rules-Based Community: Overview and Critical Comparison”.  The focus of Paolo’s presentation was ASEAN’s dispute settlement mechanisms at regional level and in light of the relevant rules, procedures and experiences of the WTO dispute settlement system at multilateral level.

30-31/07/2009
Fabio Filpo participates to a workshop in Indonesia on Competition Policy and Law in the ASEAN region

On 30 and 31 July, Fabio participated, as expert, to a workshop in Bali, Indonesia, in the framework of a project sponsored by InWent – Capacity Building International, in which FratiniVergano is assisting the ASEAN Secretariat on developing Regional Guidelines for Competition Policy in ASEAN. The objective of the project is to develop a reference tool to provide guidance on future action of ASEAN in order to harmonise or coordinate Competition Policy and Law approaches.

6/2009 - 2/2010
Paolo Vergano and Eugenia Laurenza advise the Government of Vietnam in relation to a number of WTO matters

Between June 2009 and February 2010, Paolo and Eugenia have been advising and will advise the Ministry of Industry and Trade of Vietnam in relation to a number of trade matters.  In particular, advice is being provided in relation to the ongoing Doha Round WTO negotiations on Rules (i.e., anti-dumping, subsidies and fisheries subsidies), on the opening of Vietnam’s distribution services sector following its WTO Accession commitments, and on the qualitative impact assessment on Vietnam’s economy of the AFTA, ASEAN-China and upcoming EC-Vietnam FTAs.

7-8/7/2009
Alessandra Fratini speaks on EC State Aid Law at TREATI Workshop on Competition Policy in Singapore

On 7 and 8 July, Alessandra speaks at the TREATI Workshop on Competition Policy in Singapore. The Workshop, part of Phase II of the ASEAN-EU Programme for Regional Integration Support (APRIS II), aims to foster the mutual exchange of policy experiences between competition law officials and practitioners in the EU and ASEAN regions. Alessandra will focus her contribution on EU policies and experiences in controlling State aid and applying competition rules to State monopolies and to companies performing services of general economic interest.