TikTok suspended in New Caledonia: What does EU law say?
But also — US tariffs, Enlargement, Asylum & Migration Pact
Hi! Today is Wednesday 22 May, and here is your EU news summary for the week. Feel free to share this newsletter with friends and colleagues, and follow us on Twitter and LinkedIn.
The Briefing
The French government declared a state of emergency in New Caledonia on May 15th. Interior Minister Gerald Darmanin suspended the social media platform TikTok, accusing it of exacerbating violent unrest that has spread across the archipelago in recent weeks. This ban is unprecedented for an EU member state. However, European law does not apply to New Caledonia.
For context: New Caledonia, a French territory in the South Pacific, is currently facing a period of significant unrest, after the French government tabled a constitutional bill to unfreeze the electorate rolls for provincial elections in New Caledonia. These electoral rolls have been frozen for decades. The unfreezing of the electoral rolls would allow more people to vote, and the Kanak people (the descendants of the archipelago’s first inhabitants) fear that it will decrease their chances of gaining independence. More information on the context here.
LEGAL BASIS • Under France’s 1955 state of emergency law (amended in 2017), the Interior Minister can "take any measures to ensure the suspension of any online public communication service that incites acts of terrorism or glorifies them."
This legal basis is questionable: "The link to terrorism is more than dubious," Nicolas Hervieu tweeted.
The Prime Minister's office later clarified that the TikTok suspension was justified because "the app is being used as a platform for spreading disinformation on social networks, fueled by foreign countries and relayed by rioters."
According to a press release, TikTok did not receive any request or inquiry from French authorities regarding the content in question. A French NGO defending freedom online (“La Quadrature du Net”) has filed a petition (“référé-liberté”) with the Conseil d'Etat to overturn the decision of the French government.
OUTSIDE THE EU • The European Digital Services Act (DSA) specifically addresses such issues, but it does not apply to New Caledonia.
New Caledonia is part of the overseas countries and territories (OCTs) and is not part of the European Union. Other French OCTs include French Polynesia and Greenland.
Conversely, outermost regions (OMRs) are subject to European law, with exceptions to account for their specificities. French Guiana, the Canary Islands, and Mayotte, are OMRs.
DSA • While the legality of the government's measures is uncertain under national law, such a decision could not have been made in mainland France due to the DSA, which came into force in February 2024.
The DSA includes a crisis response mechanism. A social network may be asked by the Commission to examine the extent to which its services contribute to a "serious threat" and to implement "voluntary crisis protocols."
It is then up to the social network to propose and implement risk mitigation measures, such as identifying reliable sources, adjusting algorithms to limit the spread of fake news, and moderating uploaded content. Measures must be specific, effective, and proportionate. Member State authorities are involved in these discussions.
The DSA's measures were introduced in the context of Russia's disinformation campaign following the invasion of Ukraine in February 2022. In March 2022, the EU Council suspended the activities of Sputnik and Russia Today in Europe as part of sanctions (the DSA was not yet in effect).
TikTok is already under scrutiny by the Commission. Two formal proceedings have been initiated since February 2024:
The first aims to determine whether TikTok has violated the DSA, particularly regarding the protection of minors, advertising transparency, and risk management related to the addictive nature of its content.
The second proceeding concerns the TikTok Lite program, which encourages users to interact with content (invite friends, like, watch videos) by awarding points. TikTok suspended the program at the end of April.
TIKTOK BAN • In the context of a debate in Maastricht for the European elections, Ursula von der Leyen also stated that a ban on TikTok in Europe was not ruled out.
In late April, the US government gave ByteDance (TikTok's parent company) less than a year to find a new (non-Chinese) owner for TikTok's US operations, or the app will be banned in the United States.
In Case You Missed It
US TARIFFS • On May 14th, US President Joe Biden announced an increase in tariffs on several Chinese products, including electric vehicles (tariffs on EVs will quadruple, going from 25% to 100%).
Across the Atlantic, the EU is watching this development closely. The European Commission is currently conducting an anti-subsidy investigation into Chinese electric vehicles. This could lead to the imposition of anti-dumping duties as early as July, according to EU Trade Commissioner Valdis Dombrovskis.
Biden’s announcement adds pressure on the European Commission, especially from European producers who have been complaining about unfair Chinese competition for months. Additionally, the quadrupling of tariffs in the US could lead Chinese producers to focus on other markets, including Europe.
China is also establishing new production capacities in Hungary — Chinese manufacturer BYD is currently building its first production plant there — which could allow it to circumvent potential tariffs.
France and Germany disagree over the approach to adopt. Berlin is particularly cautious, given German manufacturers' significant presence in China, while Paris openly advocates for giving economic incentives for the production of made-in-Europe EVs.
ENLARGEMENT • On May 14th, the Georgian parliament adopted the controversial bill on "foreign influence." This law requires civil society organisations receiving more than 20% of their funding from abroad to register as "organisations serving the interests of a foreign power." The law is modelled on a Russian law aimed at limiting freedom of expression.
President Salomé Zourabichvili's veto is expected to be overridden by a new parliamentary vote in a few weeks, allowing the bill to take effect.
This bill faces strong opposition from civil society, as it jeopardises Georgia's prospects for EU membership.
The Commission and High Representative Josep Borrell issued a statement on the adoption of the bill. Three European officials told the FT that the EU's decision to start accession negotiations would likely be indefinitely postponed if the law comes into force.
The prospects of EU accession are also uncertain in North Macedonia, following the landslide victory of the conservative VMRO-DPMNE in the legislative and presidential elections in Skopje on May 8th.
The party opposes the concessions required for EU membership, particularly regarding relations with Bulgaria. President Gordana Siljanska-Davkova has already strained the country's relations with Greece during her inaugural speech.
In contrast, Moldova's prospects for EU membership could significantly improve, as Moldovan lawmakers voted in favour of holding a referendum on the issue on October 20th.
MIGRATION • On May 14th, the EU Council adopted ten legislative acts reforming the European asylum and migration management system: the Asylum and Migration Pact.
The package of rules was previously adopted by the European Parliament during a plenary session on April 10th. Despite opposition from Hungary and Poland, the pact was passed by a qualified majority in the Council and has officially come into force.
The pact contains numerous regulations aimed at harmonising and rethinking ways to handle unauthorised arrivals at European borders.
The main regulations cover the screening system, updating the Eurodac database, the asylum procedure, border return, resettlement, reception conditions, and measures of responsibility and solidarity among member states. To fully understand the measures introduced by the pact, we recommend this Q&A prepared by the Commission.
The adoption of the pact was not straightforward: following the 2015 migration crisis, multiple ideas were put forward and the topic remained at the heart of EU political debate, but it is only in 2020 that the Commission formally presented a legislative proposal.
Member states now have two years to implement this legislation. The Commission is expected to present a common implementation plan in the coming weeks, while member states have until the end of 2024 to develop their national plans.
What We’ve Been Reading
In the FT, Alan Beattie reflects on the comeback of state subsidies and the failure to build a globally-agreed framework to constrain them.
How can we explain the widening productivity gap between the EU and the United States? Read this ECIPE policy brief for the answer.
This edition was prepared by the What’s up EU team, including Lidia Bilali, Gianni Gaboret, Luna Ricci and Maxence de La Rochère. See you next week!