EU-US Trade and Technology Council Fifth Ministerial
Position Paper
14 Dec 2023

The Trade and Technology Council (TTC) is a unique forum for the EU and the US to tackle new and emerging issues arising from the transformation of our economies. In the face of global uncertainty, transatlantic partners can ensure that global standards and governance reflect their shared values, including the defence of human rights, democracy and the rule of law. American companies in Europe fully support the TTC as a mechanism for the EU and the US to solidify their partnership. Since its launch in 2021, the TTC has met four times in a ministerial setting. Its ten working groups have also convened multiple times in an unprecedented display of transatlantic cooperation between a wide range of officials across the Atlantic.

However, there is scope to accelerate and amplify its impact. Both sides should seek to maintain the positive momentum and sustain the level of engagement. It will require continued investment, time and effort to ensure the TTC becomes a sustainable framework that is here to stay. As such, the public and private sectors both have a critical role to play in ensuring the TTC is a success in the long run. AmCham EU hopes that the fifth ministerial meeting can be scheduled shortly, with appreciation for the pressure on the time of the senior leaders. Ahead of this meeting we have laid out key issues that should be prioritised by policymakers and guidelines on how to improve them. They include:

 

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Tech Sovereignty Package: positive steps for energy resilience, but a risky gamble for digital competitiveness

This week the European Commission unveiled its Tech Sovereignty Package. While the Package’s energy proposals mark a significant step forward for EU energy resilience, the Cloud and AI Development Act (CADA) proposal overlooks the reality of global technology supply chains and introduces significant legal uncertainty and fragmentation for businesses.

The central question for the Tech Sovereignty Package is how to build resilience without undermining competitiveness. Concerns around overdependence on a limited number of providers, the risk of external disruption to service continuity and the long-term position of the EU’s digital industries are all legitimate. However, greater sovereignty will only be sustainable if it is built on a competitive, diverse and innovative digital ecosystem. The technologies that underpin the global digital economy are developed through highly international supply chains, with innovation spread across multiple markets.

Viewed through this lens, the individual proposals in the Package vary in the extent to which they reinforce resilience while preserving openness and competitiveness. In particular, the proposed CADA risks discriminating against providers that rely on global supply chains – both those based in Europe and those in third countries – even where they offer superior resilience.

‘An origin-based approach is too blunt for such a complex global market’, said Malte Lohan, CEO of the American Chamber of Commerce to the European Union, commenting on the Package.

‘A more credible path to achieving greater resilience and control in such an interconnected landscape is to define sovereignty in terms of outcomes: secure and reliable technologies, customer choice, strong safeguards against undue interference and a business environment that supports investment and growth. That points to a risk-based framework where the EU is open to working with trusted partners. This trust should be assessed on the basis of objective standards rather than origin alone’, Mr Lohan added.

Last year alone, US technology firms operating in Europe and their supply chains supported €1.0 trillion in EU GDP, equivalent to 5.4% of total output. The scale of this contribution underscores the need for the EU to preserve an open environment with legal clarity and proportionality in any restrictions or safeguards that would impact commercial operations.

The Package’s Strategic Roadmap for Digitalisation and AI in energy is a positive step that could help unlock the benefits of digitalisation for Europe’s energy needs, enabling faster and more flexible grids. Digitalisation provides new opportunities to strengthen the reliability and resilience of energy systems. If executed well, the roadmap could support the growing demand of Europe’s digital and AI sectors for low-carbon energy.

Ultimately, the importance of the Tech Sovereignty Package extends well beyond the technology sector itself. Manufacturers, healthcare and life sciences, financial services, mobility, energy and retail all increasingly depend on access to advanced digital technologies to innovate and compete. For the Tech Sovereignty Package to support these sectors, it must ensure companies in Europe continue to benefit from economic openness.

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