Saturday, December 28, 2024

The EU: At the Cutting Edge

By Andrew Stuttaford

Saturday, December 28, 2024

 

The regulatory superpower has struck again.

 

Scrolling through X this morning, I came across this dramatic post from the EU Commission:

 

It’s time for THE charger.

 

Today, the USB-C becomes officially the common standard for charging electronic devices in the EU.

 

It means better-charging technology, reduced e-waste, and less fuss to find the chargers you need.

 

#DigitalEU

 

This is what the “Digital EU” amounts to, mandating that a certain type of charger must be used?

 

The EU may have failed to keep up with innovations in mobile telephony, but it knows a good charger when it sees one, and it knows that it knows best, so much so, that it is going to insist on the USB-C.  To repeat a familiar line, if the EU cannot innovate, it will regulate.

 

Back in 2022, the EU parliament explained:

 

By the end of 2024, all mobile phones, tablets and cameras sold in the EU will have to be equipped with a USB Type-C charging port. From spring 2026, the obligation will extend to laptops. The new law, adopted by plenary on Tuesday with 602 votes in favour, 13 against and 8 abstentions, is part of a broader EU effort to reduce e-waste and to empower consumers to make more sustainable choices.

 

Under the new rules, consumers will no longer need a different charger every time they purchase a new device, as they will be able to use one single charger for a whole range of small and medium-sized portable electronic devices . . .

 

Of course there had to be an environmental reason for this, as well as a claim that Brussels was doing consumers a favor by determining what THE charger should be. Choice is such a strain.

 

And what is the history of the USB-C?

 

Turn to Wikipedia:

 

The design for the USB-C connector was initially developed in 2012 by Intel, HP Inc., Microsoft, and the USB Implementers Forum.

 

Intel, HP, and Microsoft – all American companies. None from the EU. None of the founder members of the USB Implementers Forum were from the EU either. The final form of the USB-C (released ten years ago) was designed by the same group, together with Renesas (Japan), Texas Instruments and, finally, yes, a firm from the EU, STM Microelectronics. The #DigitalEU’s involvement with the USB-C was not entirely confined to regulation, not entirely, so there’s that.

 

However (mildly) amusing this move by Brussels in all its pettiness may be, it’s hard to get too excited one way or another about the USB-Coronation, although I can’t help wondering whether the effect of it will be, by locking in USB-C, to discourage innovation.

 

There’s something else. The EU is a large market, and it used the clout that comes with that to “force” Apple to abandon its proprietary Lightning charger.

 

The Guardian (October 26, 2022):

 

Apple has already switched much of its product line over to the standard, which can send up to 240W of power and 40Gbps of data over the same cable. Its first laptop to use USB-C to charge was the 12in MacBook in 2015, while iPads began switching from the Lightning connector in 2018.

 

But the company had pushed back against requirements to switch its phones to the standard, saying that “strict regulation mandating just one type of connector stifles innovation rather than encouraging it, which in turn will harm consumers in Europe and around the world”…

 

But, even if the USB-C mandate is a relatively trivial example of Brussels using its clout to lay down the law, there are other instances where this matters rather more. To take two examples, it is currently attempting to regulate social media beyond the EU’s borders and then there’s a law scheduled to come into force in 2027, the Corporate Sustainability Due Diligence Directive (CS3D).

 

Bernard Sharfman explained how this works in an article for Capital Matters earlier this week:

 

For major U.S. companies that sell goods and services into the EU, the CS3D imposes a regulatory burden equivalent to a significant tariff on their sales into the EU. The forthcoming Trump administration must enter into negotiations with the EU to stop the harm that this law will do to our largest and most successful companies.

 

The CS3D applies not only to the subsidiaries of U.S. companies operating in the EU, but to the parent company as well. The EU is saying to Microsoft, General Motors, Exxon Mobil, etc., that if you want to do business in Europe, you must totally restructure your corporate governance approach both here and at home…

 

I wrote a bit about CS3D too here, noting, in particular, how fines for breaches of this law will be calculated by reference not to the percentage of a company’s sales in the EU, but to its sales worldwide:

 

This is in keeping with the EU’s image of itself as a “regulatory superpower,” a global regulator and so on. It’s also in keeping with the way that the bloc is now operating as a kind of genteel pirate cartel, robbing successful companies (particularly, up to now, if they are American and high tech) caught within Brussels’ legal web. And finally, this law… is a protectionist device, designed to force up costs for certain non-EU companies that have the effrontery to do too much business in the bloc. To repeat a point I have made before with reference to the EU’s looting of American tech companies, the U.S. should retaliate with sanctions if any American enterprises are hit by this law. Beyond that, it should consider whether this legislation amounts to a non-tariff barrier requiring a commensurate response…

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