Summary Cefic has issued a response to the European Commission's draft revised rules on horizontal cooperation agreements, which aim to provide clearer guidance in the context of the Green Deal. Cefic supports the Commission's approach, emphasising alignment with Green Deal objectives to facilitate innovation and cooperation within the EU chemical industry. The response underscores the need for specific guidance on sustainability agreements, which currently lack legal certainty, and highlights areas in the draft guidelines that need further clarity and development. Cefic also discusses the complexity of assessing sustainability agreements and the necessity for clearer rules regarding information exchanges among companies. Key Takeaways:
- Sustainability Agreements: Cefic welcomes the dedicated chapter on sustainability agreements but urges coherence with other existing guidelines and additional examples to ensure legal certainty and uniform application of competition law.
- Soft Safe Harbour: Cefic supports a (Soft) Safe Harbour for sustainability agreements with negligible competition impacts but calls for more detailed guidance, especially regarding price increases due to higher product quality.
- Information Exchange: Clarification is needed regarding the exchange of public information and the distinction between current and historical data to provide better compliance guidance for trade associations.