AFEP position on the review of the EU “Blocking Statute”

In the context of the public consultation of the European Commission on the review of the EU “Blocking Statute” aiming at neutralising extraterritorial measures by third countries, AFEP has put forward the following priorities:

• The review of the EU approach on extraterritorial measures should favour a strengthening of deterrent effects and therefore allow for the imposition of counter-measures against economic operators from third countries using extraterritorial measures ;
• The revised Blocking Statute should include improved mechanisms for the recovery of damages endured by EU companies such as an EU-wide compensation fund ;
• The prohibition to apply extraterritorial measures pending on EU companies should be relaxed to take into account the situation of most exposed sectors and the administrative burden inherent to administrative procedures under the regulation should be alleviated ;
• The European Commission should ensure a full consistency between the future anti-coercion instrument and the revised blocking statute, notably by seeking an adequate division of the competence to impose countermeasures between the two instruments.