Challenge

A US Fortune 500 chemical company approached Alber & Geiger seeking regulatory and advocacy support over a European Union proposal that would have classified Titanium Dioxide as a cat.2 suspected carcinogen by inhalation. Such a decision would have affected our client’s revenue and increased risk of similar regulatory measures in the other jurisdictions across the globe.

Strategy

With the experts opinion from the ECHA’s Risk Assessment Committee delivered to the European Commission, our team quickly embarked on a campaign aimed at highlighting the broader ramifications of classification on other EU policies and beyond Titanium Dioxide.

We pursued a strategy that put the spotlight on loss of consumer choice, impact on jobs and EU competitiveness as well as cost to downstream users. Alber & Geiger also broadened the issue to include political considerations and other players. On top of the European Commission, in particular DG Envi and DG Grow and the Member States’ Competent Authorities, we reached out to the Permanent Representations of the Member States as well as select Members of the European Parliament.

Results

Our advocacy helped thwart the original carcinogen classification that would have harmed our client. Through active engagement at the regulatory and political level, we helped find a suitable compromise for our client, which was then mirrored in the European Commission amended proposal.

Instead of outright carcinogen labelling on Titanium Dioxide, the European Commission changed its position by agreeing for classification to apply to Titanium Dioxide in powder form, only on the level of manufacture and without carcinogenicity labelling in the end products.

Challenge

Bulgarian MET Real Estate sought our help vis-à-vis EU state aid and environmental politics. MET planned a development located in an area protected by the EU Nature Directives, having obtained the construction permits through the land swapping laws, common in Bulgaria as in other former Communist countries. Alber & Geiger had to convince the European Commission that there was no illegal state aid in the aftermath of Bulgaria’s EU accession.

Strategy

Our methodology assimilated policy and law into a subtle and meticulously engineered lobbying strategy. It practically depictured to Commission’s experts that a resolution could be found which did not violate state aid law or inhibit Bulgaria’s legitimate development goals.

It used the length and breadth of EU policy fields to put the situation on a macro-European policy context. It relied on the socio-economic dynamics of transition in the Bulgarian property market, and subsumed this framework into consciousness of the European Commission’s policy.

Results

Ultimately we were able to get the Commission, the Bulgarian Government and MET Real Estate, to agree on a settlement that would benefit the internal market and the development needs of the Bulgarian tourism industry. We protected our client from a potentially non-empathetic knee-jerk reaction by the European Commission, which would have had wider implications on the economic health of the region.

Challenge

Alber & Geiger was approached by a US chemical company from South Carolina regarding the EU Renewable Energy Directive. The client was increasingly concerned about the diversion of tall oil away from the use in the chemicals sector towards energy production in transport. Tall oil being a pine tree residue from the paper mills is used in both these sectors. The Renewable Energy Directive provided special quotas and incentives for the use of tall oil as a feedstock in transportation fuels leading to price increases and creating distortions in the chemical sector, where tall oil was being used as a replacement for crude oil.

Strategy

Alber & Geiger pushed for amendments that requested to change the Renewable Energy Directive in the sense that it would remove tall oil from the positive list that was benefiting from the EU incentives. We worked with the EU Institutions to also apply the so called cascading use principle to tall oil, meaning that any recycled substance should be used as a raw material rather than for fuel purposes. We further engaged with key lawmakers and select Member States to garner support during the legislative process.

Results

We brought together other industry players and leading associations to form a strong coalition of like-minded players to show that the issue was beyond one single company. Through our engagement we made sure that the cascading use principle is now in the language of the Renewable Energy Directive.