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EU unlikely to challenge Opel deal

The European Commission may have its doubts that a Berlin-backed plan to save Opel is legal but it is unlikely to challenge the deal for fears it would only drive the automaker into bankruptcy, observers said on Tuesday.

EU unlikely to challenge Opel deal
Photo: DPA

Parent company General Motors (GM) announced last month it would sell a 55-percent stake in Opel to Canadian auto parts maker Magna, with Germany providing €4.5 billion in state aid to support the deal.

Since then questions have been raised that the package could violate EU competition rules. Belgium and Britain, where Opel also has production sites, complain it would unfairly favour saving German jobs.

But Rudi Kennes, the deputy head of GM Europe’s works council, told AFP that he thought it was unlikely that Brussels would scupper the deal at this late stage.

“At the end of the day I don’t think they will start over,” he said. “On the 1st of November, Germany can ask for its money back. This could mean bankruptcy,” the union leader warned.

GM is expected to ink the deal with Magna this week and Kennes believes US executives will not consider pulling out.

“GM has more than enough problems of its own,” he said, referring to its recent restructuring in the United States.

But according to a report in the Wall Street Journal on Monday, General Motors is weighing up other options if the sale to the Canadian parts maker does collapse.

“While the automaker continues to prefer a sale to Magna, GM executives are prepared to move to its Plan B if that deal should fall through,” the newspaper said, citing people familiar with the matter.

With 25,000 people employed by Opel in Germany, Chancellor Angela Merkel is known to be reluctant to reopen negotiations on the sale after intensively lobbying in favour of Magna.

“There is no need to question decisions that have already been taken,” said German government spokesman Ulrich Wilhelm on Monday.

EU Competition Commissioner Neelie Kroes, however, has questioned the use of German public aid to support the transaction, saying there were “significant indications” that it was contingent on Magna winning the bidding for Opel.

Berlin rebuffed those claims, writing to GM and Opel explaining that the aid would be available irrespective of which investor acquired the brand, European Commission spokesman Jonathan Todd told reporters on Monday.

Todd said the Commission was yet to receive “the precise details concerning the financial arrangements” from the German government.

Frank Schwope, an automotive analyst with German bank NordLB, told AFP that the way that the sale has been conducted was “bizarre”.

“Other bidders such as RHJ International and (Chinese automaker) BAIC were ignored. In principle, that breaches European law,” he said.

Schwope said that he still expects EU regulators to give Magna the green light to buy Opel.

If they failed to do so, “Brussels would make itself very unpopular,” he explained. “A new delay would put Opel in danger.”

Meanwhile, German media on Monday showed little concern that the deal could collapse.

“The European Commission has done its job. Whether those words are followed by action, that is another story,” the Frankfurter Allgemeine Zeitung wrote in an editorial.

The newspaper questioned whether Commission president Jose Manuel Barroso had the appetite to battle it out with the German government over the sale.

“If the Commission had accepted the deal without saying a word, we would have been no longer able to take it seriously (in its role) as the guardian of free competition in Europe,” wrote the Financial Times Deutschland.

“(Nevertheless) it is clear that it is not industrial common sense that lies behind Opel’s reorganisation plan but rather the political will to save as many German jobs as possible,” the financial daily concluded.

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BREXIT

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

The EU has drawn up plans to make it easier for non-EU citizens to gain longterm EU residency so they can move more easily around the bloc, but Italy-based citizens' rights campaigner Clarissa Killwick says Brits who moved to the EU before Brexit are already losing out.

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

With all the talk about the EU long-term residency permit and the proposed improvements there is no mention that UK citizens who are Withdrawal Agreement “beneficiaries” are currently being left out in the cold.

The European Commission has stated that we can hold multiple statuses including the EU long-term permit (Under a little-known EU law, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years) but in reality it is just not happening.

This effectively leaves Brits locked into their host countries while other third country nationals can enjoy some mobility rights. As yet, in Italy, it is literally a question of the computer saying no if someone tries to apply.

The lack of access to the EU long-term permit to pre-Brexit Brits is an EU-wide issue and has been flagged up to the European Commission but progress is very slow.

READ ALSO: EU government settle on rules for how non-EU citizens could move around Europe

My guess is that few UK nationals who already have permanent residency status under the Withdrawal Agreement are even aware of the extra mobility rights they could have with the EU long-term residency permit – or do not even realise they are two different things.

Perhaps there won’t be very large numbers clamouring for it but it is nothing short of discrimination not to make it accessible to British people who’ve built their lives in the EU.

They may have lost their status as EU citizens but nothing has changed concerning the contributions they make, both economically and socially.

An example of how Withdrawal Agreement Brits in Italy are losing out

My son, who has lived almost his whole life here, wanted to study in the Netherlands to improve his employment prospects.

Dutch universities grant home fees rather than international fees to holders of an EU long-term permit. The difference in fees for a Master’s, for example, is an eye-watering €18,000. He went through the application process, collecting the requisite documents, making the payments and waited many months for an appointment at the “questura”, (local immigration office).

On the day, it took some persuading before they agreed he should be able to apply but then the whole thing was stymied because the national computer system would not accept a UK national. I am in no doubt, incidentally, that had he been successful he would have had to hand in his WA  “carta di soggiorno”.

This was back in February 2022 and nothing has budged since then. In the meantime, it is a question of pay up or give up for any students in the same boat as my son. There is, in fact, a very high take up of the EU long-term permit in Italy so my son’s non-EU contemporaries do not face this barrier.

Long-term permit: The EU’s plan to make freedom of movement easier for non- EU nationals 

Completing his studies was stalled by a year until finally his Italian citizenship came through after waiting over 5 years.  I also meet working adults in Italy with the EU long-term permit who use it for work purposes, such as in Belgium and Germany, and for family reunification.  

Withdrawal agreement card should double up as EU long-term residency permit

A statement that Withdrawal Agreement beneficiaries should be able to hold multiple statuses is not that easy to find. You have to scroll quite far down the page on the European Commission’s website to find a link to an explanatory document. It has been languishing there since March 2022 but so far not proved very useful.

It has been pointed out to the Commission that the document needs to be multilingual not just in English and “branded” as an official communication from the Commission so it can be used as a stand-alone. But having an official document you can wave at the immigration authorities is going to get you nowhere if Member State governments haven’t acknowledged that WA beneficiaries can hold multiple statuses and issue clear guidance and make sure systems are modified accordingly.

I can appreciate this is no mean feat in countries where they do not usually allow multiple statuses or, even if they do, issue more than one residency card. Of course, other statuses we should be able to hold are not confined to EU long-term residency, they should include the EU Blue Card, dual nationality, family member of an EU citizen…

Personally, I do think people should be up in arms about this. The UK and EU negotiated an agreement which not only removed our freedom of movement as EU citizens, it also failed to automatically give us equal mobility rights to other third country nationals. We are now neither one thing nor the other.

It would seem the only favour the Withdrawal Agreement did us was we didn’t have to go out and come back in again! Brits who follow us, fortunate enough to get a visa, may well pip us at the post being able to apply for EU long-term residency as clearly defined non-EU citizens.

I have been bringing this issue to the attention of the embassy in Rome, FCDO and the European Commission for three years now. I hope we will see some movement soon.

Finally, there should be no dragging of heels assuming we will all take citizenship of our host countries. Actually, we shouldn’t have to, my son was fortunate, even though it took a long time. Others may not meet the requirements or wish to give up their UK citizenship in countries which do not permit dual nationality.  

Bureaucratic challenges may seem almost insurmountable but why not simply allow our Withdrawal Agreement permanent card to double up as the EU long-term residency permit.

Clarissa Killwick,

Since 2016, Clarissa has been a citizens’ rights campaigner and advocate with the pan-European group, Brexpats – Hear Our Voice.
She is co-founder and co-admin of the FB group in Italy, Beyond Brexit – UK citizens in Italy.

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