A fair, fast and competitive transition begins with what already works and then
rapidly scales it up.
Across the EU commercial road transport sector, the diversity of operations is
met with a diversity of solutions. Urban taxis are switching to electric en
masse. Many regional coaches run on advanced biofuels, with electrification
emerging in smaller applications such as school services, as European e-coach
technologies are still maturing and only now beginning to enter the market.
Trucks electrify rapidly where operationally and financially possible, while
others, including long-haul and other hard-to-electrify segments, operate at
scale on HVO (hydrotreated vegetable oil) or biomethane, cutting emissions
immediately and reliably. These are real choices made every day by operators
facing different missions, distances, terrains and energy realities, showing
that decarbonization is not a single pathway but a spectrum of viable ones.
Building on this diversity, many operators are already modernizing their fleets
and cutting emissions through electrification. When they can control charging,
routing and energy supply, electric vehicles often deliver a positive total cost
of ownership (TCO), strong reliability and operational benefits. These early
adopters prove that electrification works where the enabling conditions are in
place, and that its potential can expand dramatically with the right support.
> Decarbonization is not a single pathway but a spectrum of viable ones chosen
> daily by operators facing real-world conditions.
But scaling electrification faces structural bottlenecks. Grid capacity is
constrained across the EU, and upgrades routinely take years. As most heavy-duty
vehicle charging will occur at depots, operators cannot simply move around to
look for grid opportunities. They are bound to the location of their
facilities.
The recently published grid package tries, albeit timidly, to address some of
these challenges, but it neither resolves the core capacity deficiencies nor
fixes the fundamental conditions that determine a positive TCO: the
predictability of electricity prices, the stability of delivered power, and the
resulting charging time. A truck expected to recharge in one hour at a
high-power station may wait far longer if available grid power drops. Without
reliable timelines, predictable costs and sufficient depot capacity, most
transport operators cannot make long-term investment decisions. And the grid is
only part of the enabling conditions needed: depot charging infrastructure
itself requires significant additional investment, on top of vehicles that
already cost several hundreds of thousands of euros more than their diesel
equivalents.
This is why the EU needs two things at once: strong enablers for electrification
and hydrogen; and predictability on what the EU actually recognizes as clean.
Operators using renewable fuels, from biomethane to advanced biofuels and HVO,
delivering up to 90 percent CO2 reduction, are cutting emissions today. Yet
current CO2 frameworks, for both light-duty vehicles and heavy-duty trucks, fail
to recognize fleets running on these fuels as part of the EU’s decarbonization
solution for road transport, even when they deliver immediate, measurable
climate benefits. This lack of clarity limits investment and slows additional
emission reductions that could happen today.
> Policies that punish before enabling will not accelerate the transition; a
> successful shift must empower operators, not constrain them.
The revision of both CO2 standards, for cars and vans, and for heavy-duty
vehicles, will therefore be pivotal. They must support electrification and
hydrogen where they fit the mission, while also recognizing the contribution of
renewable and low-carbon fuels across the fleet. Regulations that exclude proven
clean options will not accelerate the transition. They will restrict it.
With this in mind, the question is: why would the EU consider imposing
purchasing mandates on operators or excessively high emission-reduction targets
on member states that would, in practice, force quotas on buyers? Such measures
would punish before enabling, removing choice from those who know their
operations best. A successful transition must empower operators, not constrain
them.
The EU’s transport sector is committed and already delivering. With the right
enablers, a technology-neutral framework, and clarity on what counts as clean,
the EU can turn today’s early successes into a scalable, fair and competitive
decarbonization pathway.
We now look with great interest to the upcoming Automotive Package, hoping to
see pragmatic solutions to these pressing questions, solutions that EU transport
operators, as the buyers and daily users of all these technologies, are keenly
expecting.
--------------------------------------------------------------------------------
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* The sponsor is IRU – International Road Transport Union
* The ultimate controlling entity is IRU – International Road Transport Union
More information here.
Tag - CO2
High energy prices, risks on CBAM enforcement and promotion of lead markets, as
well as increasing carbon costs are hampering domestic and export
competitiveness with non-EU producers.
The cement industry is fundamental to Europe’s construction value chain, which
represents about 9 percent of the EU’s GDP. Its hard-to-abate production
processes are also currently responsible for 4 percent of EU emissions, and it
is investing heavily in measures aimed at achieving full climate neutrality by
2050, in line with the European Green Deal.
Marcel Cobuz, CEO, TITAN Group
“We should take a longer view and ensure that the cement industry in EU stays
competitive domestically and its export market shares are maintained.”
However, the industry’s efforts to comply with EU environmental regulations,
along with other factors, make it less competitive than more carbon-intensive
producers from outside Europe. Industry body Cement Europe recently stated that,
“without a competitive business model, the very viability of the cement industry
and its prospects for industrial decarbonization are at risk.”
Marcel Cobuz, member of the Board of the Global Cement and Concrete Association
and CEO of TITAN Group, one of Europe’s leading producers, spoke with POLITICO
Studio about the vital need for a clear policy partnership with Brussels to
establish a predictable regulatory and financing framework to match the
industry’s decarbonization ambitions and investment efforts to stay competitive
in the long-term.
POLITICO Studio: Why is the cement industry important to the EU economy?
Marcel Cobuz: Just look around and you will see how important it is. Cement
helped to build the homes that we live in and the hospitals that care for us.
It’s critical for our transport and energy infrastructure, for defense and
increasingly for the physical assets supporting the digital economy. There are
more than 200 cement plants across Europe, supporting nearby communities with
high-quality jobs. The cement industry is also key to the wider construction
industry, which employs 14.5 million people across the EU. At the same time,
cement manufacturers from nine countries compete in the international export
markets.
PS: What differentiates Titan within the industry?
MC: We have very strong European roots, with a presence in 10 European
countries. Sustainability is very much part of our DNA, so decarbonizing
profitably is a key objective for us. We’ve reduced our CO2 footprint by nearly
25 percent since 1990, and we recently announced that we are targeting a similar
reduction by 2030 compared to 2020. We are picking up pace in reducing emissions
both by using conventional methods, like the use of alternative sources of
low-carbon energy and raw materials, and advanced technologies.
TITAN/photo© Nikos Daniilidis
We have a large plant in Europe where we are exploring building one of the
largest carbon capture projects on the continent, with support from the
Innovation Fund, capturing close to two million tons of CO2 and producing close
to three million tons of zero-carbon cement for the benefit of all European
markets. On top of that, we have a corporate venture capital fund, which
partners with startups from Europe to produce the materials of tomorrow with
very low or zero carbon. That will help not only TITAN but the whole industry
to accelerate its way towards the use of new high-performance materials with a
smaller carbon footprint.
PS: What are the main challenges for the EU cement industry today?
MC: Several factors are making us less competitive than companies from outside
the EU. Firstly, Europe is an expensive place when it comes to energy prices.
Since 2021, prices have risen by close to 65 percent, and this has a huge impact
on cement producers, 60 percent of whose costs are energy-related. And this
level of costs is two to three times higher than those of our neighbors. We also
face regulatory complexity compared to our outside competitors, and the cost of
compliance is high. The EU Emissions Trading System (ETS) cost for the cement
sector is estimated at €97 billion to €162 billion between 2023 and 2034. Then
there is the need for low-carbon products to be promoted ― uptake is still at a
very low level, which leads to an investment risk around new decarbonization
technologies.
> We should take a longer view and ensure that the cement industry in the EU
> stays competitive domestically and its export market shares are maintained.”
All in all, the playing field is far from level. Imports of cement into the EU
have increased by 500 percent since 2016. Exports have halved ― a loss of value
of one billion euros. The industry is reducing its cost to manufacture and to
replace fossil fuels, using the waste of other industries, digitalizing its
operations, and premiumizing its offers. But this is not always enough. Friendly
policies and the predictability of a regulatory framework should accompany the
effort.
PS: In January 2026, the Carbon Border Adjustment Mechanism will be fully
implemented, aimed at ensuring that importers pay the same carbon price as
domestic producers. Will this not help to level the playing field?
MC: This move is crucial, and it can help in dealing with the increasing carbon
cost. However, I believe we already see a couple of challenges regarding the
CBAM. One is around self-declaration: importers declare the carbon footprint of
their materials, so how do we avoid errors or misrepresentations? In time there
should be audits of the importers’ industrial installations and co-operation
with the authorities at source to ensure the data flow is accurate and constant.
It really needs to be watertight, and the authorities need to be fully mobilized
to make sure the real cost of carbon is charged to the importers. Also, and very
importantly, we need to ensure that CBAM does not apply to exports from the EU
to third countries, as carbon costs are increasingly a major factor making us
uncompetitive outside the EU, in markets where we were present for more than 20
years.
> CBAM really needs to be watertight, and the authorities need to be fully
> mobilized to make sure the real cost of carbon is charged to the importers.”
PS: In what ways can the EU support the European cement industry and help it to
be more competitive?
MC: By simplifying legislation and making it more predictable so we can plan our
investments for the long term. More specifically, I’m talking about the
revamping of the ETS, which in its current form implies a phase-down of CO2
rights over the next decade. First, we should take a longer view and ensure that
the cement industry stays competitive and its export market shares are
maintained, so a policy of more for longer should accompany the new ETS.
> In export markets, the policy needs to ensure a level playing field for
> European suppliers competing in international destination markets, through a
> system of free allowances or CBAM certificates, which will enable exports to
> continue.”
We should look at it as a way of funding decarbonization. We could front-load
part of ETS revenues in a fund that would support the development of
technologies such as low-carbon materials development and CCS. The roll-out of
Infrastructure for carbon capture projects such as transport or storage should
also be accelerated, and the uptake of low-carbon products should be
incentivized.
More specifically on export markets, the policy needs to ensure a level playing
field for European suppliers competing in international destination markets,
through a system of free allowances or CBAM certificates, which will enable
exports to continue.
PS: Are you optimistic about the future of your industry in Europe?
MC: I think with the current system of phasing out CO2 rights, and if the CBAM
is not watertight, and if energy prices remain several times higher than in
neighboring countries, and if investment costs, particularly for innovating new
technologies, are not going to be financed through ETS revenues, then there is
an existential risk for at least part of the industry.
Having said that, I’m optimistic that, working together with the European
Commission we can identify the right policy making solutions to ensure our
viability as a strategic industry for Europe. And if we are successful, it will
benefit everyone in Europe, not least by guaranteeing more high-quality jobs and
affordable and more energy-efficient materials for housing ― and a more
sustainable and durable infrastructure in the decades ahead.
--------------------------------------------------------------------------------
Disclaimer
POLITICAL ADVERTISEMENT
* The sponsor is Titan Group
* The advertisement is linked to policy advocacy around industrial
competitiveness, carbon pricing, and decarbonization in the EU cement and
construction sectors, including the EU’s CBAM legislation, the Green Deal,
and the proposed revision of the ETS.
More information here.
BRUSSELS — Europe’s most energy-intensive industries are worried the European
Union’s carbon border tax will go too soft on heavily polluting goods imported
from China, Brazil and the United States — undermining the whole purpose of the
measure.
From the start of next year, Brussels will charge a fee on goods like cement,
iron, steel, aluminum and fertilizer imported from countries with weaker
emissions standards than the EU’s.
The point of the law, known as the Carbon Border Adjustment Mechanism, is to
make sure dirtier imports don’t have an unfair advantage over EU-made products,
which are charged around €80 for every ton of carbon dioxide they emit.
One of the main conundrums for the EU is how to calculate the carbon footprint
of imports when the producers don’t give precise emissions data. According to
draft EU laws obtained by POLITICO, the European Commission is considering using
default formulas that EU companies say are far too generous.
Two documents in particular have raised eyebrows. One contains draft benchmarks
to assess the carbon footprint of imported CBAM goods, while the second — an
Excel sheet seen by POLITICO — shows default CO2 emissions values for the
production of these products in foreign countries. These documents are still
subject to change.
National experts from EU countries discussed the controversial texts last
Wednesday during a closed-door meeting, and asked the Commission to rework them
before they can be adopted. That’s expected to happen over the next few weeks,
according to two people with knowledge of the talks.
Multiple industry representatives told POLITICO that the proposed estimated
carbon footprint values are too low for a number of countries, which risks
undermining the efficiency of the CBAM.
For example, some steel products from China, Brazil and the United States have
much lower assumed emissions than equivalent products made in the EU, according
to the tables.
Ola Hansén, public affairs director of the green steel manufacturer Stegra, said
he had been “surprised” by the draft default values that have been circulating,
because they suggest that CO2 emissions for some steel production routes in the
EU were higher than in China, which seemed “odd.”
“Our recommendation would be [to] adjust the values, but go ahead with the
[CBAM] framework and then improve it over time,” he said.
Antoine Hoxha, director general of industry association Fertilizers Europe, also
said he found the proposed default values “quite low” for certain elements, like
urea, used to manufacture fertilizers.
“The result is not exactly what we would have thought,” he said, adding there is
“room for improvement.” But he also noted that the Commission is trying “to do a
good job but they are extremely overwhelmed … It’s a lot of work in a very short
period of time.”
Multiple industry representatives told POLITICO that the proposed estimated
carbon footprint values are too low for a number of countries, which risks
undermining the efficiency of the CBAM. | Photo by VCG via Getty Images
While a weak CBAM would be bad for many emissions-intensive, trade-exposed
industries in the EU, it’s likely to please sectors relying on cheap imports of
CBAM goods — such as European farmers that import fertilizer — as well as EU
trade partners that have complained the measure is a barrier to global free
trade.
The European Commission declined to comment.
DEFAULT VERSUS REAL EMISSIONS
Getting this data right is crucial to ensure the mechanism works and encourages
companies to lower their emissions to pay a lower CBAM fee.
“Inconsistencies in the figures of default values and benchmarks would dilute
the incentive for cleaner production processes and allow high-emission imports
to enter the EU market with insufficient carbon costs,” said one CBAM industry
representative, granted anonymity to discuss the sensitive talks. “This could
result in a CBAM that is not only significantly less effective but most likely
counterproductive.”
The default values for CO2 emissions are like a stick. When the legislation was
designed, they were expected to be set quite high to “punish importers that are
not providing real emission data,” and encourage companies to report their
actual emissions to pay a lower CBAM fee, said Leon de Graaf, acting president
of the Business for CBAM Coalition.
But if these default values are too low then importers no longer have any
incentive to provide their real emissions data. They risk making the CBAM less
effective because it allows imported goods to appear cleaner than they really
are, he said.
The Commission is under pressure to adopt these EU acts quickly as they’re
needed to set the last technical details for the implementation of the CBAM,
which applies from Jan. 1.
However, de Graaf warned against rushing that process.
On the one hand, importers “needed clarity yesterday” because they are currently
agreeing import deals for next year and at the moment “cannot calculate what
their CBAM cost will be,” he said.
But European importers are worried too, because once adopted the default
emission values will apply for the next two years, the draft documents suggest.
The CBAM regulation states that the default values “shall be revised
periodically.”
“It means that if they are wrong now … they will hurt certain EU producers for
at least two years,” de Graaf said.
BERLIN — The leaders of German Chancellor Friedrich Merz’s conservative-led
coalition on Friday announced accords on key issues that had divided his
government in recent weeks.
The internal disagreements — over pension reforms and a phaseout of the
combustion engine — had turned into a test of the viability of Merz’s relatively
weak and ideologically divergent coalition government. The new agreements,
reached after a night of long negotiations, may have staved off a larger crisis
of confidence in Merz’s government.
Members of Merz’s coalition sought to portray the agreements as evidence that
the government is functioning smoothly.
“Sometimes the image that people paint — saying that everything is stuck and so
on — doesn’t match what I experienced yesterday,” said Lars Klingbeil, the
leader of the center-left Social Democratic Party (SPD), which governs in
coalition with Merz’s conservative alliance. “We really did push forward
far-reaching changes for this country in constructive debates.”
The agreements announced Friday revolve around a pension package lawmakers are
set to vote on in December that a faction of Merz’s own conservatives had railed
against, as well as a deal on Germany’s position on the EU’s push to phase out
the combustion engine.
In the case of the pension reform, Merz sought to placate conservative rebels by
vowing to take on a second, more far-reaching set of pension system reforms that
would involve implementing the recommendations of an expert commission as early
as next year. Previously, the coalition had agreed on a lengthier timeframe.
“There is now a firm agreement,” Merz said in view of the immediate pension
reform package set to go for a vote. “We will come to a decision next week, and
it is not just a gut feeling, but a well-founded hope, based on the discussions
we had this morning, that our colleagues now see that we are really serious
about these reforms and that we are now going down this path together.”
With regard to EU plans to ban carbon-emitting engines from 2035, Merz said he
would write a letter to European Commission President Ursula von der Leyen on
Friday to urge Brussels to apply extensive exemptions — including on dual-motor
vehicles, plug-in hybrids, electric vehicles with range extenders and “highly
efficient” combustion engines. That announcement signaled that the SPD has
effectively backed off its previous support for EU green regulations for cars.
“We ask the Commission, in a comprehensive sense, to adapt and correct the
regulations for mobility,” said Merz. “This concerns in particular the
compatibility of competitiveness — the industrial competitiveness of the
European automotive industry — with the demands we place on climate protection.”
Merz’s coalition has a majority of just 12 votes in the Bundestag, making his
government vulnerable to even modest defections in the ranks.
Conservative Bavarian premier Markus Söder on Friday signaled satisfaction with
the agreements.
“Everything we did yesterday is good for Germany, good for the economy, and bad
for radicals,” he said in view of the surging far-right Alternative for Germany
(AfD) party. “They are waiting outside the door for us to fail together. That is
their great hope, that we will fail.”
BRUSSELS — The European Commission has unveiled a new plan to end the dominance
of planet-heating fossil fuels in Europe’s economy — and replace them with
trees.
The so-called Bioeconomy Strategy, released Thursday, aims to replace fossil
fuels in products like plastics, building materials, chemicals and fibers with
organic materials that regrow, such as trees and crops.
“The bioeconomy holds enormous opportunities for our society, economy and
industry, for our farmers and foresters and small businesses and for our
ecosystem,” EU environment chief Jessika Roswall said on Thursday, in front of a
staged backdrop of bio-based products, including a bathtub made of wood
composite and clothing from the H&M “Conscious” range.
At the center of the strategy is carbon, the fundamental building block of a
wide range of manufactured products, not just energy. Almost all plastic, for
example, is made from carbon, and currently most of that carbon comes from oil
and natural gas.
But fossil fuels have two major drawbacks: they pollute the atmosphere with
planet-warming CO2, and they are mostly imported from outside the EU,
compromising the bloc’s strategic autonomy.
The bioeconomy strategy aims to address both drawbacks by using locally produced
or recycled carbon-rich biomass rather than imported fossil fuels. It proposes
doing this by setting targets in relevant legislation, such as the EU’s
packaging waste laws, helping bioeconomy startups access finance, harmonizing
the regulatory regime and encouraging new biomass supply.
The 23-page strategy is light on legislative or funding promises, mostly
piggybacking on existing laws and funds. Still, it was hailed by industries that
stand to gain from a bigger market for biological materials.
“The forest industry welcomes the Commission’s growth-oriented approach for
bioeconomy,” said Viveka Beckeman, director general of the Swedish Forest
Industries Federation, stressing the need to “boost the use of biomass as a
strategic resource that benefits not only green transition and our joint climate
goals but the overall economic security.”
HOW RENEWABLE IS IT?
But environmentalists worry Brussels may be getting too chainsaw-happy.
Trees don’t grow back at the drop of a hat and pressure on natural ecosystems is
already unsustainably high. Scientific reports show that the amount of carbon
stored in the EU’s forests and soils is decreasing, the bloc’s natural habitats
are in poor condition and biodiversity is being lost at unprecedented rates.
Protecting the bloc’s forests has also fallen out of fashion among EU lawmakers.
The EU’s landmark anti-deforestation law is currently facing a second, year-long
delay after a vote in the European Parliament this week. In October, the
Parliament also voted to scrap a law to monitor the health of Europe’s forests
to reduce paperwork.
Environmentalists warn the bloc may simply not have enough biomass to meet the
increasing demand.
“Instead of setting a strategy that confronts Europe’s excessive demand for
resources, the Commission clings to the illusion that we can simply replace our
current consumption with bio-based inputs, overlooking the serious and immediate
harm this will inflict on people and nature,” said Eva Bille, the European
Environmental Bureau’s (EEB) circular economy head, in a statement.
TOO WOOD TO BE TRUE
Environmental groups want the Commission to prioritize the use of its biological
resources in long-lasting products — like construction — rather than lower-value
or short-lived uses, like single-use packaging or fuel.
A first leak of the proposal, obtained by POLITICO, gave environmental groups
hope. It celebrated new opportunities for sustainable bio-based materials while
also warning that the “sources of primary biomass must be sustainable and the
pressure on ecosystems must be considerably reduced” — to ensure those
opportunities are taken up in the longer term.
It also said the Commission would work on “disincentivising inefficient biomass
combustion” and substituting it with other types of renewable energy.
That rankled industry lobbies. Craig Winneker, communications director of
ethanol lobby ePURE, complained that the document’s language “continues an
unfortunate tradition in some quarters of the Commission of completely ignoring
how sustainable biofuels are produced in Europe,” arguing that the energy is
“actually a co-product along with food, feed, and biogenic CO2.”
Now, those lines pledging to reduce environmental pressures and to
disincentivize inefficient biomass combustion are gone.
“Bioenergy continues to play a role in energy security, particularly where it
uses residues, does not increase water and air pollution, and complements other
renewables,” the final text reads.
“This is a crucial omission, given that the EU’s unsustainable production and
consumption are already massively overshooting ecological boundaries and putting
people, nature and businesses at risk,” said the EEB.
Delara Burkhardt, a member of the European Parliament with the center-left
Socialists and Democrats, said it was “good that the strategy recognizes the
need to source biomass sustainably,” but added the proposal did not address
sufficiency.
“Simply replacing fossil materials with bio-based ones at today’s levels of
consumption risks increasing pressure on ecosystems. That shifts problems rather
than solving them. We need to reduce overall resource use, not just switch
inputs,” she said.
Roswall declined to comment on the previous draft at Thursday’s press
conference.
“I think that we need to increase the resources that we have, and that is what
this strategy is trying to do,” she said.
TOURNAI, Belgium — Back in 2016, a freak storm destroyed the entire strawberry
crop on Hugues Falys’ farm in the province of Hainaut in west Belgium.
It was one of a long string of unusual natural calamities that have ravaged his
farm, and which he says are becoming more frequent because of climate change.
Falys now wants those responsible for the climate crisis to pay him for the
damage done — and he’s chosen as his target one of the world’s biggest oil
companies: TotalEnergies.
In a packed courtroom in the local town of Tournai, backed by a group of NGOs
and a team of lawyers, Falys last week made his case to the judges that the
French fossil fuel giant should be held responsible for the climate disasters
that have decimated his yields.
It’s likely to be a tricky case to make. TotalEnergies, which has yet to present
its side of the case in court, told POLITICO in a statement that making a single
producer responsible for the collective impact of centuries of fossil fuel use
“makes no sense.”
But the stakes are undeniably high: If Falys is successful, it could create a
massive legal precedent and open a floodgate for similar litigation against
other fossil fuel companies across Europe and beyond.
“It’s a historic day,” Falys told a crowd outside the courtroom. “The courts
could force multinationals to change their practices.”
A TOUGH ROW TO HOE
While burning fossil fuels is almost universally accepted as the chief cause of
global warming, the impact is cumulative and global, the responsibility of
innumerable groups over more than two centuries. Pinning the blame on one
company — even one as huge as TotalEnergies, which emits as much CO2 every year
as the whole of the U.K. combined — is difficult, and most legal attempts to do
so have failed.
Citing these arguments, TotalEnergies denies it’s responsible for worsening the
droughts and storms that Falys has experienced on his farm in recent years.
The case is part of a broader movement of strategic litigation that aims to test
the courts and their ability to enforce changes on the oil and gas industry.
More than 2,900 climate litigation cases have been filed globally to date.
“It’s the first time that a court, at least in Belgium, can recognize the legal
responsibility, the accountability of one of those carbon polluters in the
climate damages that citizens, and also farmers like Hugues, are suffering and
have already suffered in the previous decade,” Joeri Thijs, a spokesperson for
Greenpeace Belgium, told POLITICO in front of the courtroom.
MAKING HISTORY
Previous attempts to pin the effects of climate change on a single emitter have
mostly failed, like when a Peruvian farmer sued German energy company RWE
arguing its emissions contributed to melting glaciers putting his village at
risk of flooding.
But Thijs said that “the legal context internationally has changed over the past
year” and pointed to the recent “game-changer” legal opinion of the
International Court of Justice, which establishes the obligations of countries
in the fight against climate change.
TotalEnergies, which has yet to present its side of the case in court. |
Gregoire Campione/Getty Images
“There have been several … opinions that clearly give this accountability to
companies and to governments; and so we really hope that the judge will also
take this into account in his judgment,” he said.
Because “there are various actors who maintain this status quo of a fossil-based
economy … it is important that there are different lawsuits in different parts
of the world, for different victims, against different companies,” said Matthias
Petel, a member of the environment committee of the Human Rights League, an NGO
that is also one of the plaintiffs in the case.
Falys’ lawsuit is “building on the successes” of recent cases like the one
pitting Friends of the Earth Netherlands against oil giant Shell, he told
POLITICO.
But it’s also trying to go “one step further” by not only looking backward at
the historical contribution of private actors to climate change to seek
financial compensation, he explained, but also looking forward to force these
companies to change their investment policies and align them with the goal of
net-zero emissions by 2050.
“We are not just asking them to compensate the victim, we are asking them to
transform their entire investment model in the years to come,” Petel said.
DIRECT IMPACTS
In recent years, Falys, who has been a cattle farmer for more than 35 years, has
had to put up with more frequent extreme weather events.
The 2016 storm that decimated his strawberry crop also destroyed most of his
potatoes. In 2018, 2020 and 2022, heat waves and droughts affected his yields
and his cows, preventing him from harvesting enough fodder for his animals and
forcing him to buy feed from elsewhere.
These events also started affecting his mental health on top of his finances, he
told POLITICO.
“I have experienced climate change first-hand,” he said. “It impacted my farm,
but also my everyday life and even my morale.”
Falys says he’s tried to adapt to the changing climate. He transitioned to
organic farming, stopped using chemical pesticides and fertilizers on his farm,
and even had to reduce the size of his herd to keep it sustainable.
Yet he feels that his efforts are being “undermined by the fact that carbon
majors like TotalEnergies continue to explore for new [fossil fuel] fields,
further increasing their harmful impact on the climate.”
FIVE FAULTS
Falys’ lawyers spent more than six hours last Wednesday quoting scientific
reports and climate studies aimed at showing the judges the direct link between
TotalEnergies’ fossil fuel production, the greenhouse gas emissions resulting
from their use, and their contribution to climate change and the extreme weather
events that hit Falys’ farm.
They want TotalEnergies to pay reparations for the damages Falys suffered. But
they’re also asking the court to order the company to stop investing in new
fossil fuel projects, to drastically reduce its emissions, and to adopt a
transition plan that is in line with the 2015 Paris climate agreement.
Falys’ lawsuit is “building on the successes” of recent cases like the one
pitting Friends of the Earth Netherlands against oil giant Shell, he told
POLITICO. | Klaudia Radecka/Getty Images
TotalEnergies’ culpability derives from five main faults, the lawyers argued.
They claimed the French oil giant continued to exploit fossil fuels despite
knowing the impact of their related emissions on climate change; it fabricated
doubt about scientific findings establishing this connection; it lobbied against
stricter measures to tackle global warming; it adopted a transition strategy
that is not aligned with the goals of the Paris agreement; and it engaged in
greenwashing, misleading its customers when promoting its activities in Belgium.
“Every ton [of CO2 emissions] counts, every fraction of warming matters” to stop
climate change, the lawyers hammered all day on Wednesday.
“Imposing these orders would have direct impacts on alleviating Mr. Falys’
climate anxiety,” lawyer Marie Doutrepont told the court, urging the judges “to
be brave,” follow through on their responsibilities to protect human rights, and
ensure that if polluters don’t want to change their practices voluntarily, “one
must force them to.”
TOTAL’S RESPONSE
But the French oil major retorted that Falys’ action “is not legitimate” and has
“no legal basis.”
In a statement shared with POLITICO, TotalEnergies said that trying to “make a
single, long-standing oil and gas producer (which accounts for just under 2
percent of the oil and gas sector and is not active in coal) bear a
responsibility that would be associated with the way in which the European and
global energy system has been built over more than a century … makes no sense.”
Because climate change is a global issue and multiple actors contribute to it,
TotalEnergies cannot hold individual responsibility for it, the fossil fuel
giant argues.
It also said that the company is reducing its emissions and investing in
renewable energy, and that targeted, sector-specific regulations would be a more
appropriate way to advance the energy transition rather than legal action.
The French company challenges the assertion that it committed any faults, saying
its activities “are perfectly lawful” and that the firm “strictly complies with
the applicable national and European regulations in this area.”
TotalEnergies’ legal counsel will have six hours to present their arguments
during a second round of hearings on Nov. 26 in Tournai.
The court is expected to rule in the first half of next year.
By ALEX PERRY in Paris
Illustrations by Julius Maxim for POLITICO
This article is also available in French
When Patrick Pouyanné decided to spend billions on a giant natural gas field in
a faraway warzone, he made the call alone, over a single dinner, with the head
of a rival energy company.
Pouyanné, the chairman and CEO of what was then called Total, was dining with
Vicki Hollub, CEO of Houston-based Occidental Petroleum. It was late April 2019,
and Hollub was in a David and Goliath battle with the American energy behemoth
Chevron to buy Anadarko, like Occidental a mid-sized Texan oil and gas explorer.
The American investor Warren Buffett was set to back Hollub with $10 billion,
but it wasn’t enough. So Hollub flew to Paris to meet Pouyanné.
Hollub’s proposal: Pouyanné would pitch in $8.8 billion in exchange for
Anadarko’s four African gas fields, including a vast deep-sea reserve off
northern Mozambique, an area in the grip of an Islamist insurgency.
The Frenchman, who had previously approached Anadarko about the same assets,
said yes in a matter of minutes.
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“What are the strengths of Total?” Pouyanné explained to an Atlantic Council
event in Washington a few weeks later. “LNG,” he went on, and the “Middle East
and Africa,” regions where the company has operated since its origin in the
colonial era. “So it’s just fitting exactly and perfectly.”
Total, “a large corporation,” could be “so agile,” he said, because of the
efficacy of his decision-making, and the clarity of his vision to shift from oil
to lower-emission gas, extracted from lightly regulated foreign lands.
In the end, “it [was] just a matter of sending an email to my colleague
[Hollub],” he added. “This is the way to make good deals.”
Six years later, it’s fair to ask if Pouyanné was a little hasty.
On Nov. 17, a European human rights NGO filed a criminal complaint with the
national counterterrorism prosecutor’s office in Paris accusing TotalEnergies of
complicity in war crimes, torture and enforced disappearances, all in northern
Mozambique.
The allegations turn on a massacre, first reported by POLITICO last year, in
which Mozambican soldiers crammed about 200 men into shipping containers at the
gatehouse of a massive gas liquefaction plant TotalEnergies is building in the
country, then killed most of them over the next three months.
The complaint, submitted by the nonprofit European Centre for Constitutional and
Human Rights (ECCHR), alleges that TotalEnergies became an accomplice in the
“so-called ‘container massacre’” because it “directly financed and materially
supported” the Mozambican soldiers who carried out the executions, which took
place between June and September 2021.
“TotalEnergies knew that the Mozambican armed forces had been accused of
systematic human rights violations, yet continued to support them with the only
objective to secure its facility,” said Clara Gonzales, co-director of the
business and human rights program at ECCHR, a Berlin-based group specializing in
international law that has spent the past year corroborating the atrocity.
In response to the complaint, a company spokesperson in Paris said in a written
statement: “TotalEnergies takes these allegations very seriously” and would
“comply with the lawful investigation prerogatives of the French authorities.”
Last year, in response to questions by POLITICO, the company — through its
subsidiary Mozambique LNG — said it had no knowledge of the container killings,
adding that its “extensive research” had “not identified any information nor
evidence that would corroborate the allegations of severe abuses and torture.”
This week, the spokesperson repeated that position.
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Asked in May in the French National Assembly about the killings, Pouyanné
dismissed “these false allegations” and demanded the company’s accusers “put
their evidence on the table.” Questioned about the complaint on French
television this week, he again rejected the allegations and described them as a
“smear campaign” motivated by the fact that TotalEnergies produces fossil fuels.
The war crimes complaint is based on POLITICO’s reporting and other open-source
evidence. In the last year, the container killings have been confirmed by the
French newspaper Le Monde and the British journalism nonprofit Source Material.
The British Mozambique expert Professor Joseph Hanlon also said the atrocity was
“well known locally,” and an investigation carried out by UK Export Finance
(UKEF) — the British state lender, which is currently weighing delivery of a
$1.15 billion loan to Total’s project — has heard evidence from its survivors.
The massacre was an apparent reprisal for a devastating attack three months
earlier by ISIS-affiliated rebels on the nearby town of Palma, just south of the
border with Tanzania, which killed 1,354 civilians, including 55 of Total’s
workforce, according to a house-to-house survey carried out by POLITICO. Of
those ISIS murdered, it beheaded 330. TotalEnergies has previously noted that
Mozambique has yet to issue an official toll for the Palma massacre.
In March, a French magistrate began investigating TotalEnergies for involuntary
manslaughter over allegations that it abandoned its contractors to the
onslaught.
After the jihadis left the area in late June, Mozambican commandos based at
Total’s gas concession rounded up 500 villagers and accused them of backing the
rebels. They separated men from women and children, raped several of the women,
then forced the 180-250 men into two metal windowless shipping containers that
formed a rudimentary fortified entrance to Total’s plant.
There, the soldiers kept their prisoners in 30-degree-Celsius heat for three
months. According to eleven survivors and two witnesses, some men suffocated.
Fed handfuls of rice and bottle caps of water, others starved or died of thirst.
The soldiers beat and tortured many of the rest. Finally, they began taking them
away in groups and executing them.
Only 26 men survived, saved when a Rwandan intervention force, deployed to fight
ISIS, discovered the operation. A second house-to-house survey conducted by
POLITICO later identified by name 97 of those killed or disappeared.
Along with the new ECCHR complaint and the British inquiry, the killings are the
subject of three other separate investigations: by the Mozambican Attorney
General, the Mozambican National Human Rights Commission, and the Dutch
government, which is probing $1.2 billion in Dutch state financing for
TotalEnergies’ project.
This week’s complaint was lodged with the offices of the French National
Anti-Terrorism Prosecutor, whose remit includes war crimes. The prosecutor will
decide whether to open a formal inquiry and appoint an investigating
magistrate.
Should the case move ahead, TotalEnergies will face the prospect of a war crimes
trial.
Such an eventuality would represent a spectacular fall from grace for a business
that once held a central place in French national identity and a CEO whose
hard-nosed resolve made him an icon of global business.
Should a French court eventually find the company or its executives liable in
the container killings, the penalties could include fines and, possibly, jail
terms for anybody indicted.
How did TotalEnergies get here? How did Patrick Pouyanné?
‘POUYANNÉ PETROLEUM’
Born in Normandy in 1963, the son of a provincial customs official and a post
office worker, Pouyanné elevated himself to the French elite by winning
selection to the École Polytechnique, the country’s foremost engineering
university, and then the École des Mines, where France’s future captains of
industry are made.
Following a few years in politics as a minister’s aide, he joined the French
state petroleum company Elf as an exploration manager in Angola in 1996. After
moving to Qatar in 1999 as Elf merged with Total, Pouyanné ascended to the top
job at Total in 2014 after his predecessor, Christophe de Margerie, was killed
in a plane crash in Moscow.
Pouyanné led by reason, and force of will. “To be number one in a group like
Total … is to find yourself alone,” he said in 2020. “When I say ‘I don’t
agree,’ sometimes the walls shake. I realize this.”
A decade at the top has seen Pouyanné, 62, transform a company of 100,000
employees in 130 countries into a one-man show — “Pouyanné Petroleum,” as the
industry quip goes.
His frequent public appearances, and his unapologetically firm hand, have made
him a celebrated figure in international business.
“Patrick Pouyanné has done an extraordinary job leading TotalEnergies in a
complex environment, delivering outstanding financial results and engaging the
company in the energy transition quicker and stronger than its peers,” Jacques
Aschenbroich, the company’s lead independent director, said in 2023.
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Marc-Antoine Eyl-Mazzega, director of energy and climate at the French Institute
of International Relations, agreed. “His involvement is his strength,” he said.
“He’s able to take a decision quickly, in a much more agile and rapid way.”
Still, Eyl-Mazzega said, “I’m not sure everyone is happy to work with him. You
have to keep up the pace. There are often departures. He’s quite direct and
frank.”
Among employees, Pouyanné’s lumbering frame and overbearing manner has earned
him a nickname: The Bulldozer.
The moniker isn’t always affectionate. A former Total executive who dealt
regularly with him recalled him as unpleasantly aggressive, “banging fists on
the table.”
The effect, the executive said, has been to disempower the staff: “The structure
of Total is trying to guess what Pouyanné wants to do. You can’t make any
decisions unless it goes to the CEO.”
In a statement to POLITICO, TotalEnergies called such depictions “misplaced and
baseless.”
‘DON’T ASK US TO TAKE THE MORAL HIGH GROUND’
What’s not in dispute is how Pouyanné has used his authority to shape Total’s
answer to the big 21st-century oil and gas puzzle: how to square demand for
fossil fuels with simultaneous demands from politicians and climate campaigners
to eliminate them.
His response has been diversification, moving the company away from
high-emission fuels towards becoming a broad-based, ethical energy supplier,
centered on low-carbon gas, solar and wind, and pledging to reach net-zero
emissions by 2050. The change was symbolized by Pouyanné’s renaming of the
company TotalEnergies in 2021.
A second, more unsung element of Pouyanné’s strategy has been moving much of his
remaining fossil fuel operation beyond Western regulation.
Speaking to an audience at Chatham House in London in 2017, he said the catalyst
for his move to favor reserves in poorer, less tightly policed parts of the
planet was the penalties imposed on the British energy giant BP in the United
States following the 2010 Deepwater Horizon blowout, in which 11 men died and an
oil slick devastated the Gulf of Mexico coast.
Pouyanné declared that the fines — between $62 billion and $142 billion,
depending on the calculation used — represented an excessive “legal risk” to oil
and gas development in the West.
While other, more troubled territories came with their share of dangers,
Pouyanné put the cost of failure of any project outside the West at a more
manageable $2 to $3 billion, according to his Chatham House remarks.
As a way of assessing risk, it was efficient.
“Other players would spend a lot of money on consultancies and write 70 reports
to conclude that a project is risky,” Eyl-Mazzega said. “Pouyanné, on the other
hand, is prepared to take risks.”
Asked by the French Senate in 2024 how he chose where to invest, however,
Pouyanné admitted that his math was strictly about the bottom line.
“Don’t ask us to take the moral high ground,” he said.
‘A COLLAPSE WILL NOT PUT TOTAL IN DANGER’
The first oil and gas prospectors arrived in northern Mozambique in 2006 as part
of a Western effort to broaden supply beyond the Middle East. When Anadarko
found gas 25 miles out to sea in 2010, the talk was of Mozambique as the new
Qatar.
At 2.6 million acres, or about a third of the size of Belgium, Rovuma Basin Area
1 was a monster, thought to hold 75 trillion cubic feet of gas, or 1 percent of
all global reserves. An adjacent field, Area 4, quickly snapped up by
ExxonMobil, was thought to hold even more.
To cope with the volume of production, Anadarko’s Area 1 consortium drew up a
plan for a $20 billion onshore liquefaction plant. Together with ExxonMobil’s
field, the cost of developing Mozambique’s gas was estimated at $50 billion,
which would make it the biggest private investment ever made in Africa.
But in 2017, an ISIS insurgency emerged to threaten those ambitions.
By the time Pouyanné was preparing to buy Anadarko’s 26.5 percent share in Area
1 two years later, what had begun as a ragtag revolt against government
corruption in the northern province of Cabo Delgado had become a full-scale
Islamist rebellion.
Insurgents were taking ever more territory, displacing hundreds of thousands of
people and regularly staging mass beheadings.
Even under construction, the gas plant was a regular target. It was run by
Europeans and Americans, intending to make money for companies thousands of
miles away while displacing 2,733 villagers to build their concession and
banning fishermen from waters around their drill sites. After several attacks on
plant traffic to and from the facility, in February 2019, the militants killed
two project workers in a village attack and dismembered a contract driver in the
road.
A further risk had its origins in a ban on foreigners carrying guns. That made
the plant reliant for security on the Mozambican army and police, both of which
had a well-documented record of criminality and repression.
Initially, Pouyanné seemed unconcerned. The gas field was outside international
law, as Mozambique had not ratified the Rome Statute setting up the
International Criminal Court. And Pouyanné appeared to see the pursuit of
high-risk, high-reward projects almost as an obligation for a deep-pocketed
corporation, telling the Atlantic Council in May 2019, soon after he agreed the
Mozambique deal, that Total was so big, it didn’t need to care — at least, not
in the way of other, lesser companies or countries.
“We love risk, so we have decided to embark on the Mozambique story,” he said.
“Even if there is a collapse, [it] will [not] put Total in danger.”
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In September 2019, when Total’s purchase was formally completed, the company
declared in a press release: “The Mozambique LNG project is largely derisked.”
In one of several statements to POLITICO, TotalEnergies explained the term
echoed the boss’s focus on “the project’s commercial and financial fundamentals.
To infer this was a dismissal of security concerns amounts to a fundamental
misunderstanding of the way the sector operates.”
Still, for workers at the project, it was an arresting statement, given that a
Mozambique LNG worker had recently been chopped to pieces.
Around the same time, the project managers at Anadarko, many of whom were now
working for Total, tried to warn their new CEO of the danger posed by the
insurgency.
It was when they met Pouyanné, however, that “things then all started to
unwind,” said one.
Pouyanné regaled the team who had worked on the Mozambique project for years
with a speech “on how brilliant Total was, and how brilliantly Total was going
to run this project,” a second executive added.
Pouyanné added he had “a French hero” running the company’s security: Denis
Favier who, as a police commander, led a team of police commandos as they
stormed a hijacked plane on the tarmac at Marseille in 1994, and in 2015, as
France’s most senior policeman, commanded the operation to hunt and kill the
Islamist brothers who shot dead 12 staff at the Charlie Hebdo newspaper in
Paris.
“This is easy for him,” Pouyanné said.
Asked about the transition from Anadarko to Total, the company maintained it was
responsive to all concerns expressed by former Anadarko workers. “We are not
aware of any such dismissal of security concerns by TotalEnergies or its senior
management,” the company said. “It is incorrect to state that advice from the
ground was not listened to.”
Still, after meeting Pouyanné, the old Anadarko team called their Mozambique
staff together to brief them on their new boss.
“Well, holy shit,” one manager began, according to a person present. “We’ve got
a problem.”
‘VERY VULNERABLE’
A third former Anadarko staffer who stayed on to work for Total said that on
taking over, the company also put on hold a decision to move most contractors
and staff from hotels and compounds in Palma to inside its fortified camp — a
costly move that Anadarko was planning in response to deteriorating security.
“This was a danger I had worked so hard to eliminate,” the staffer said. “Palma
was very vulnerable. Almost nobody was supposed to be [there]. But Total
wouldn’t listen to me.”
Other measures, such as grouping traffic to and from the plant in convoys and
flanking them with drones, also ended. One project contractor who regularly made
the run through rebel territory described the difference between Anadarko and
Total as “night and day.”
Then in June 2020, the rebels captured Mocimboa da Praia, the regional hub, and
killed at least eight subcontractors. In late December that year, they staged
another advance that brought them to Total’s gates.
At that, Pouyanné reversed course and assumed personal oversight of the security
operation, the first Anadarko manager said. Despite no expertise in security,
“[he] had to get into every little last possible detail.”
The second executive concurred. “It went from, ‘I don’t care, we’ve got the best
security people in the business to run this’ to ‘Oh my God, this is a disaster,
let me micromanage it and control it,’” he said.
The company was “not aware of any … criticism that Mr. Pouyanné lacks the
necessary expertise,” TotalEnergies said, adding the CEO had “first-hand
experience of emergency evacuation … [from] when Total had to evacuate its staff
from Yemen in 2015.”
The insurgents’ advance prompted Pouyanné to order the evacuation of all
TotalEnergies staff. By contrast, many contractors and subcontractors, some of
them behind schedule because of Covid, were told to keep working, according to
email exchanges among contractors seen by POLITICO.
“Mozambique LNG did not differentiate between its own employees, its contractors
or subcontractors when giving these instructions,” the company said, but added
that it was not responsible for the decisions of its contractors.
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Then, in February 2021, Pouyanné flew to Maputo, the Mozambican capital, to
negotiate a new security deal with then Mozambican President Filipe Nyusi.
Afterward, the two men announced the creation of the Joint Task Force, a
1,000-man unit of soldiers and armed police to be stationed inside the
compound.
The deal envisaged that the new force would protect a 25-kilometer radius around
the gas plant, including Palma and several villages. In practice, by
concentrating so many soldiers and police inside the wire, it left Palma
comparatively exposed.
“It is incorrect to allege that Palma was left poorly defended,” the company
said. “However, it is a fact that these security forces were overwhelmed by the
magnitude and violence of the terrorist attacks in March 2021.” TotalEnergies
added it is not correct to say that “Mr. Pouyanné personally managed the
security deal setting up the Joint Task Force.”
‘TRAIN WRECK’
By this time, the company’s own human rights advisers were warning that by
helping to create the Joint Task Force — to which the company agreed to pay what
it described as “hardship payments” via a third party, as well as to equip it
and accommodate it on its compound — Pouyanné was effectively making
TotalEnergies a party to the conflict, and implicating it in any human rights
abuses the soldiers carried out.
Just as worrying was TotalEnergies’ insistence — according to a plant security
manager, and confirmed by minutes of a Total presentation on security released
under a Dutch freedom of information request — that all major security decisions
be handled by a 20-man security team 5,000 miles away in Paris.
That centralization seemed to help explain how, when the Islamists finally
descended on Palma on March 24, 2021, Total was among the last to know.
One Western security contractor told POLITICO he had pulled his people out 10
days before the assault, based on intelligence he had on guns and young men
being pre-positioned in town.
In the days immediately preceding the attack, villagers around Palma warned
friends and relatives in town that they had seen the Islamists advancing.
WhatsApp messages seen by POLITICO indicate contractors reported the same
advance to plant security on March 22 and March 23.
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Nonetheless, at 9 a.m. on March 24, TotalEnergies in Paris announced that it was
safe for its staff to return.
Hours later, the Islamists attacked.
“Neither Mozambique LNG nor TotalEnergies received any specific ‘advance
warnings’ of an impending attack prior to March 24,” the company said.
Faced with a three-pronged advance by several hundred militants, the plant
security manager said TotalEnergies’ hierarchical management pyramid was unable
to cope.
Ground staff could not respond to evolving events, paralyzed by the need to seek
approval for decisions from Paris.
Total’s country office in Maputo was also in limbo, according to the security
manager, neither able to follow what was happening in real-time, nor authorized
to respond.
‘WHO CAN HELP US?!’
Two decisions, taken as the attack unfolded, compounded the havoc wreaked by the
Islamists.
The first was Total’s refusal to supply aviation fuel to the Dyck Advisory Group
(DAG), a small, South African private military contractor working with the
Mozambican police.
With the police and army overrun, DAG’s small helicopters represented the only
functional military force in Palma and the only unit undertaking humanitarian
rescues.
But DAG’s choppers were limited by low supplies of jet fuel, forcing them to fly
an hour away to refuel, and to ground their fleet intermittently.
Total, as one of the world’s biggest makers of aviation fuel, with ample stocks
at the gas plant, was in a position to help. But when DAG asked Total in Paris
for assistance, it refused. “Word came down from the mountain,” DAG executive
Max Dyck said, “and that was the way it was going to be.”
Total has conceded that it refused fuel to DAG — out of concern for the
rescuers’ human rights record, the company said — but made fuel available to the
Mozambican security services. DAG later hired an independent lawyer to
investigate its record, who exonerated the company.
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A second problematic order was an edict, handed down by Pouyanné’s executives in
Paris in the months before the massacre, according to the plant security
manager, that should the rebels attack, gate security guards at the gas plant
were to let no one in.
It was an instruction that could only have been drawn up by someone ignorant of
the area’s geography, the man said.
If the Islamists blocked the three roads in and out of Palma, as conventional
tactics would prescribe, the only remaining ways out for the population of
60,000 would be by sea or air — both routes that went through TotalEnergies’s
facility, with its port and airport. By barring the civilians’ way, the company
would be exposing them.
So it proved. TotalEnergies soon had 25,000 fleeing civilians at its gates,
according to an internal company report obtained under a freedom of information
request by an Italian NGO, Recommon. Among the crowd were hundreds of project
subcontractors and workers.
Witnesses described to POLITICO how families begged TotalEnergies’ guards to let
them in. Mothers were passing their babies forward to be laid in front of the
gates. But TotalEnergies in Paris refused to allow its guards on the ground to
open up.
On March 28, the fifth day of the attack, Paris authorized a ferry to evacuate
1,250 staff and workers from the gas plant, and make a single return trip to
pick up 1,250 civilians, who had sneaked inside the perimeter. That still left
tens of thousands stranded at its gates.
On March 29, a TotalEnergies community relations manager in Paris made a
panicked call to Caroline Brodeur, a contact at Oxfam America.
“He’s like, ‘There’s this huge security situation in Mozambique!’” Brodeur said.
“An escalation of violence! We will need to evacuate people! Who can help us?
Which NGO can support us with logistics?’”
Thirty minutes later, the man called back. “Wait,” he told Brodeur. “Don’t do
anything.” TotalEnergies’ senior managers had overruled him, the man said. No
outsiders were to be involved.
“I think he was trying to do the right thing,” Brodeur said in an interview with
POLITICO. “But after that, Total went silent.”
Over the next two months, the jihadis killed hundreds of civilians in and around
Palma and the gas plant before the Rwandan intervention force pushed them out.
The second former Anadarko and Total executive said the rebels might have
attacked Palma, whoever was in charge at the gas project. But Total’s distant,
centralized management made a “train wreck … inevitable.”
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TotalEnergies said its response to the attack “mitigated as much as was
reasonably possible the consequences.” Confirming the phone call to Oxfam, it
added: “There was no effort by whoever within TotalEnergies to shut any
possibility for external assistance down.”
The company was especially adamant that Pouyanné was not at fault.
“The allegation that Mr. Pouyanné’s management of TotalEnergies exacerbated the
devastation caused by the attacks in Mozambique is entirely unsubstantiated,” it
said. “Mr. Pouyanné takes the safety and security of the staff extremely
seriously.”
In his television appearance this week, Pouyanné defended the company’s
performance. “We completely evacuated the site,” he said. “We were not present
at that time.”
He said he considered that TotalEnergies, whose security teams had helped “more
than 2,000 civilians evacuate the area,” “had carried out heroic actions.”
‘AN ALMOST PERFECT DINNER PARTY’
TotalEnergies’ troubles in Mozambique have come amid a wider slump in the
country’s fortunes and reputation.
Years of climate protests outside the company’s annual general meetings in
central Paris peaked in 2023 when police dispersed activists with batons and
tear gas. For the last two years, TotalEnergies has retreated behind a line of
security checks and riot police at its offices in Défense, in the western part
of Paris.
Though the company intended 2024, its centenary year, as a celebration, the
company succeeded mostly in looking past its prime. When Pouyanné took over in
2014, Total was France’s biggest company, and 37th in the world. Today, it is
France’s seventh largest and not even in the global top 100.
Several French media houses chose the occasion of TotalEnergies’ 100th birthday
to declare open season on the company, portraying it as a serial offender on
pollution, corruption, worker safety, and climate change.
Pouyanné has also presided over a rift with the French establishment. Last year,
when he suggested listing in New York to boost the stock, French President
Emmanuel Macron berated him in public.
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The division grew wider a few weeks later when the French Senate concluded a
six-month inquiry into the company with a recommendation that the formerly
state-owned enterprise be partly taken back into public ownership.
The company has faced five separate lawsuits, civil and criminal, claiming it is
breaking French law on climate protection and corporate conduct.
In a sixth case, brought by environmentalists in Paris last month, a judge
ordered TotalEnergies to remove advertising from its website claiming it was
part of the solution to climate change. Given the company’s ongoing investments
in fossil fuels, that was misleading, the judge said, decreeing that
TotalEnergies take down its messaging and upload the court’s ruling instead.
The Swedish activist Greta Thunberg has also led protests against TotalEnergies’
East Africa Crude Oil Pipeline. That project, intended to pump oil 1,000 miles
from Uganda across Tanzania to the Indian Ocean, is similarly embroiled in
accusations of human rights abuses, drawing criticism from the European
Parliament plus 28 banks and 29 insurance companies who have refused to finance
it.
Pouyanné has also taken hits to his personal brand. A low point came in 2022
when he chose the moment his countrymen were recovering from Covid and
struggling with soaring fuel prices to defend his salary of €5,944,129 a year.
He was “tired” of the accusation that he had received a 52 percent rise, he
wrote on Twitter. His pay, he added, had merely been restored to pre-pandemic
levels.
Overnight, the CEO became the unacceptable face of French capitalism. “Pouyanné
lives in another galaxy, far, far away,” said one TV host. Under a picture of
the CEO, an MP from the leftist France Unbowed movement wrote: “A name, a face.
The obstacle in the way of a nation.”
So heated and widely held is the contempt that in 2023 the company produced a
guide for its French employees on how to handle it. Titled “An Almost Perfect
Dinner Party,” the booklet lays out arguments and data that staff might use to
defend themselves at social occasions.
“Have you ever been questioned, during a dinner with family or friends, about a
controversy concerning the Company?” it asked. “Did you have the factual
elements to answer your guests?”
‘FALSE ALLEGATIONS’
The war crimes case lodged this week against TotalEnergies was filed in France,
despite the alleged crimes occurring in Mozambique, because, it argues,
TotalEnergies’ nationality establishes jurisdiction.
The case represents a dramatic example of the extension of international justice
— the prosecution in one country of crimes committed in another. A movement
forged in Nuremberg and Tokyo in the wake of World War II, the principles of
international justice have been used more recently by national and international
courts to bring warlords and dictators to trial — and by national courts to
prosecute citizens or companies implicated in abuses abroad where local justice
systems are weak.
U.S. courts have ordered ExxonMobil and banana giant Chiquita to stand trial for
complicity in atrocities committed in the late 1990s and early 2000s by soldiers
or militias paid to protect their premises in Indonesia and Colombia,
respectively.
Exxon settled a week before the case opened in 2023. A Florida court ordered
Chiquita to pay $38 million to the families of eight murdered Colombian men in
June 2024; Chiquita’s appeal was denied that October.
In Sweden, two executives from Lundin Oil are currently on trial for complicity
in war crimes after Sudanese troops and government militias killed an estimated
12,000 people between 1999 and 2003 as they cleared the area around a company
drill site. The executives deny the accusations against them.
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ECCHR has initiated several international justice cases. Most notably, in 2016,
it and another legal non-profit, Sherpa, filed a criminal complaint in Paris
against the French cement maker Lafarge, accusing its Syrian plant of paying
millions of dollars in protection money to ISIS. Earlier this month, Lafarge and
eight executives went on trial in Paris, accused of funding terrorism and
breaking international sanctions — charges they deny.
The war crimes complaint against TotalEnergies cites internal documents,
obtained under freedom of information requests in Italy and the Netherlands,
that show staff at the site knew the soldiers routinely committed human rights
abuses against civilians while working for the company.
There were “regular community allegations of JTF [Joint Task Force] human rights
violations,” read one, including “physical violence, and
arrests/disappearances.” The report also referred to “troops who were allegedly
involved in a [human rights] case in August [2021].” These were deemed so
serious that TotalEnergies suspended pay to all 1,000 Joint Task Force soldiers
and the army expelled 200 from the region, according to the internal document.
The ECCHR complaint accuses TotalEnergies and “X”, a designation leaving open
the possibility for the names of unspecified company executives to be added.
Among those named in the document’s 56 pages are Pouyanné and five other
TotalEnergies executives and employees. Favier, the company’s security chief, is
not among them.
TotalEnergies declined to make any of its executives or security managers
available for interviews.
In April 2024, when Pouyanné was questioned about his company’s Mozambique
operation by the French Senate, he stated that while the government was
responsible for the security of Cabo Delgado, “I can ensure the security of
whichever industrial premises on which I might operate.”
Asked about the container executions before the National Assembly this May,
Pouyanné reaffirmed his faith in the Mozambican state, saying: “I think we help
these countries progress if we trust their institutions and don’t spend our time
lecturing them.”
Apparently forgetting how he helped negotiate a security deal to place
Mozambican soldiers on Total’s premises, however, he then qualified this
statement, saying: “I can confirm that TotalEnergies has nothing to do with the
Mozambican army.”
A company spokesperson clarified this week: “TotalEnergies is not involved in
the operations, command or conduct of the Mozambican armed forces.”
In addition to the war crimes complaint, TotalEnergies’ Mozambique operation is
already the subject of a criminal investigation opened in March by French state
prosecutors. The allegation against the company is that it committed involuntary
manslaughter by failing to protect or rescue workers left in Palma when ISIS
carried out its massacre.
Though POLITICO’s previous reporting found that 55 project workers were killed,
TotalEnergies — through its subsidiary, Mozambique LNG — initially claimed it
lost no one. “All the employees of Mozambique LNG, its contractors and
subcontractors were safely evacuated from the Mozambique LNG Project site,”
Maxime Rabilloud, Mozambique LNG’s managing director, told POLITICO last year.
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That assertion notwithstanding, the death of at least one British subcontractor,
Philip Mawer, is the subject of a formal inquest in the U.K.
In December 2024, the company’s Paris press office adjusted its position on the
Palma attack. “TotalEnergies has never denied the tragedy that occurred in Palma
and has always acknowledged the tragic loss of civilian lives,” it told
POLITICO. For the first time, it also admitted “a small number” of project
workers had been stationed outside its secure compound during the attack and
exposed to the bloodbath.
A resolution to the French manslaughter investigation will take years. A
decision on whether to open a formal investigation into the new claims against
TotalEnergies for complicity in war crimes, let alone to bring the case to
trial, is not expected until 2026, at the earliest.
Should anyone eventually be tried for involuntary manslaughter, a conviction
would carry a penalty of three years in prison and a €45,000 fine in France,
escalating to five years and €75,000 for “a manifestly deliberate violation of a
particular obligation of prudence or safety.”
For complicity in war crimes, the sentence is five years to life.
‘CAN YOU ACTUALLY LOOK AT YOURSELF IN THE MIRROR?’
The war crimes accusation adds new uncertainty to the 20-year effort to develop
Mozambique’s gas fields.
In the aftermath of the 2021 Palma massacre, TotalEnergies declared a state of
“force majeure,” a legal measure suspending all contracted work due to
exceptional events.
The following four and a half years of shutdown have cost TotalEnergies $4.5
billion, in addition to the $3.9 billion that Pouyanné originally paid Anadarko
for the Mozambique operation. Billions more in costs can be expected before the
plant finally pumps gas, which Total now predicts will happen in 2029.
The manslaughter case and the war crimes complaint have the potential to cause
further holdups by triggering due diligence obligations from TotalEnergies’
lenders, preventing them from delivering loans of $14.9 billion — without which
Pouyanné has said his star project will collapse.
Total also faces a Friends of the Earth legal challenge to a $4.7 billion U.S.
government loan to the project.
A TotalEnergies spokesperson said this week that the project was able to “meet
due diligence requirements by lenders.”
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All this comes as the situation on the ground remains unstable. After a
successful Rwandan counter-attack from 2021 to 2023, the insurgency has
returned, with the Islamists staging raids across Cabo Delgado, including Palma
and the regional hub of Mocimboa da Praia.
The International Organization for Migration says 112,185 people fled the
violence between September 22 and October 13. Among those killed in the last few
months were two gas project workers — a caterer, murdered in Palma, and a
security guard, beheaded in a village south of town.
TotalEnergies has consistently said that neither recent legal developments nor
the upsurge in ISIS attacks will affect its plans to formally reopen its
Mozambique operation by the end of the year.
“This new complaint has no connection with the advancement of the Mozambique LNG
project,” a spokesperson said this week.
Pouyanné himself has spent much of this year insisting the project is “back on
track” and its financing in place. In October, in a move to restart the project,
the company lifted the force majeure.
Still, in a letter seen by POLITICO, Pouyanné also wrote to Mozambican President
Daniel Chapo asking for 10 more years on its drilling license and $4.5 billion
from the country to cover its cost overruns.
Mozambique, whose 2024 GDP was $22.42 billion — around a tenth of TotalEnergies’
revenues for the year of $195.61 billion — has yet to respond.
A final issue for TotalEnergies’ CEO is whether a formal accusation of war
crimes will fuel opposition to his leadership among shareholders.
At 2024’s annual general meeting, a fifth of stockholders rejected the company’s
climate transition strategy as too slow, and a quarter declined to support
Pouyanné for a fourth three-year term. In 2025, several institutional investors
expressed their opposition to Pouyanné by voting against his remuneration.
In the statement, the TotalEnergies spokesperson pointed to the 2023 comments by
Aschenbroich, the independent board member: “The Board unanimously looks forward
to his continued leadership and his strategic vision to continue TotalEnergies’
transition.”
Yet, there seems little prospect that his popularity will improve, inside or
outside the company. “Patrick Pouyanné is everyone’s best enemy,” says Olivier
Gantois, president of the French oil and gas lobby group UFIP-EM, “the scapegoat
we love to beat up on.”
Recently, the 62-year-old Pouyanné has begun to sound uncharacteristically
plaintive. At TotalEnergies’ 2022 shareholder meeting, he grumbled that the
dissidents might not like CO2 emissions, “but they sure like dividends.”
At last year’s, he complained that TotalEnergies was in an impossible position.
“We are trying to find a balance between today’s life and tomorrow’s,” he said.
“It’s not because TotalEnergies stops producing hydrocarbons that demand for
them will disappear.”
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TotalEnergies’ articles of association require Pouyanné to retire before he
reaches 67, in 2030, around the time that TotalEnergies currently forecasts gas
production to begin in Mozambique.
Henri Thulliez, the lawyer who filed both criminal complaints against
TotalEnergies in Paris, predicts Pouyanné’s successors will be less attached to
the project — for the simple reason that Mozambique turned out to be bad
business.
“You invest billions in the project, and the project has been completely
suspended for four years now,” Thulliez says. “All your funders are hesitating.
You’re facing two potential litigations in France, maybe at some point
elsewhere, too. You have to ask: what’s the point of all of this?”
As for Pouyanné, two questions will haunt his final years at TotalEnergies, he
suggests.
First, “Can shareholders afford to keep you in your job?”
Second, “Can you actually look at yourself in the mirror?”
Aude Le Gentil and Alexandre Léchenet contributed to this report.
BRUSSELS — Lawmakers in the European Parliament today adopted a proposal to set
a binding EU target for cutting planet-warming emissions by 90 percent by 2040.
The text is largely a copy-paste of the position endorsed by EU governments on
Nov. 5. It proposes to reduce domestic emissions by 85 percent compared to 1990
level and to allow the EU to outsource 5 percentage points of its climate effort
abroad by purchasing international carbon offsets.
A majority of members of the European Parliament agreed to back the
controversial goal, with 379 casting a vote in favor, 248 against and 10
abstained.
The center-left Socialists & Democrats, the liberal Renew Europe, the Greens and
the far-left groups as well as part of the center-right European People’s Party
supported the adoption of the 2040 climate target. The European Conservatives
and Reformists and the far-right Patriots of Europe and Europe of Sovereign
Nations groups were against.
MEPs also approved amendments asking for any carbon credits used to help meet
the target to be properly regulated, deliver real emissions cuts, do not
contribute to damaging the environment and protect investments in clean
technologies in Europe.
The legislation will now go through inter-institutional negotiations between the
Parliament and the Council of the EU before it can become law.
LONDON — The U.K. government is not moving fast enough to slash
planet-destroying emissions from aviation, former Prime Minister Tony Blair has
warned.
Governments in Westminster and elsewhere must step up progress in developing
cleaner alternatives to traditional jet fuel, according to a report today from
Blair’s think tank, seen by POLITICO.
“Aviation is and will continue to be one of the world’s most hard-to-abate
sectors. Sustainable aviation fuel (SAF) mandates in Europe and the U.K. are
ramping up, but the new fuels needed are not developing fast enough to
sufficiently reduce airline emissions,” the Tony Blair Institute (TBI) said,
referring to policies designed to force faster production of cleaner fuel.
The U.K. has made the rollout of SAF central to hitting climate targets while
expanding airport capacity.
It is the third intervention on U.K. net-zero policy from the former prime
minister this year.
Earlier this month, the TBI urged Energy Secretary Ed Miliband to drop his
pursuit of a clean power system by 2030 and focus instead on reducing domestic
bills. This followed a report in April claiming the government’s approach to net
zero was “doomed to fail” — something which caused annoyance at the top of the
government and “pissed off” Labour campaigners then door-knocking ahead of local
elections.
Aviation contributed seven percent of the U.K.’s annual greenhouse gas emissions
in 2022, equivalent to around 29.6 million tons of CO2. The Climate Change
Committee estimates that will rise to 11 percent by the end of the decade and 16
percent by 2035.
SAFs can be produced from oil and feedstocks and blended with traditional fuels
to reduce emissions. The U.K. government’s SAF mandate targets its use in 40
percent of jet fuels by 2040 — up from two percent in 2025.
Chancellor Rachel Reeves said in January that U.K. investment in SAF production
will help ensure planned airport expansion at Heathrow — announced as the
government desperately pursues economic growth — does not break legally-binding
limits on emissions.
The TBI urged Energy Secretary Ed Miliband to drop his pursuit of a clean power
system by 2030 and focus instead on reducing domestic bills. | Wiktor
Szymanowicz/Getty Images
The TBI said that, while it expects efficiency gains and initial SAF usage will
have an impact on emissions, a “large share of flights, both in Europe and
globally, will continue to run on conventional kerosene.”
A spokesperson for the Department for Transport said the government was “seeing
encouraging early signs towards meeting the SAF mandate.”
They added: “Not backing SAF is not an option. It is a core part of the global
drive to decarbonise aviation. SAF is already being produced and supplied at
scale in the U.K., and we recently allocated a further £63 million of funding to
further grow domestic production.”
The TBI said carbon dioxide removal plans should be integrated into both jet
fuel sales and sustainable aviation fuel mandates, placing “the financial
responsibility of removals at the feet of those most able to pay it.”
BERLIN — Germany is facing crises from conscription to pensions, a troubled auto
industry and faltering economic growth, and figuring out politically palatable
solutions is splintering Chancellor Friedrich Merz’s coalition.
“There have been too many public discussions that have been interpreted as
disputes,” Merz pleaded last week of his fractious coalition of conservative
Christian Democrats and center-left Social Democrats (SPD).
“The government must solve problems. And the government must not give the
impression that it is divided,” Merz went on, “Then the confidence of the
population in the political parties and also in the individuals involved will
gradually grow again.”
With top politicians of the center left and center right feuding over key
government policies, it’s affecting Germany’s place at the heart of the EU as
other countries are having a hard time figuring out Berlin’s position on a host
of key issues. There are also growing doubts over the coalition’s long-term
survival prospects.
Fewer than one-third of Germans think the coalition will be able to govern until
the end of the legislative period in 2029, according to a survey by polling
institute Insa for Bild, which also saw government approval fall to a record low
of just 25 percent.
At the same time, the far-right Alternative for Germany (AfD) has recently
overtaken Merz’s conservatives as Germany’s most popular party, according to
POLITICO’s Poll of Polls, and its rising strength is adding to coalition
tensions.
Since taking office in May, Merz’s Christian Democrats have tried to take the
wind out of the sails of the anti-immigrant AfD by vowing to lead a crackdown on
migration. But members of the SPD, Merz’s junior coalition partner, are
increasingly trying to distance themselves from a discourse they say is taken
straight out of the far-right playbook.
The deputy leader of the SPD in parliament, Wiebke Esdar, went as far as joining
anti-Merz protests over the weekend.
“The two major parties of the former center are now in a dilemma in that, on the
one hand, they naturally have to distance themselves from each other to a
certain extent, but at the same time they must always fear that, in a sense, if
they do not work together properly, it will benefit the fringes,” said Florian
Grotz, a political scientist at the Helmut Schmidt University in Hamburg.
KEY DIVISIONS
A prime example of the coalition’s messy infighting is its battle over military
conscription, a dispute over both the army’s future and how present it should be
in Germany’s national identity.
The Bundeswehr needs to reach 260,000 troops by 2035 from about 180,000 today.
The conservatives want to reintroduce a “lottery-based” draft if voluntary
recruitment fails, invoking civic duty as the backbone of national resilience.
The SPD, backed by Defense Minister Boris Pistorius, counters that coercion will
only breed inefficiency at a crucial time for Germany’s rearmament. Pistorius
has already torpedoed a compromise between the two parliamentary groups,
rejecting the reintroduction of mandatory elements.
The deputy leader of the SPD in parliament, Wiebke Esdar, went as far as joining
anti-Merz protests over the weekend. | Kay Nietfeld/picture alliance via Getty
Images
Both sides agree that the army needs people — but not on how to rebuild a force
gutted by decades of neglect. Critics warn that six-month stints for 18-year-old
conscripts would barely scratch the surface of the Bundeswehr’s high-tech
needs.
The issues have grown into a referendum on postwar Germany’s self-image and
whether the country’s ability to implement wide-ranging reforms is equitable for
everyone — young and old.
While the SPD is trying to protect the young from a mandatory draft, a whole
other generational issue has triggered a rebellion inside Merz’s own bloc:
pension reform.
At the center of it is SPD Labor Minister Bärbel Bas, who wants to lock in the
current pension level of 48 percent of average wages beyond 2031. She argues
that safeguard is essential to prevent benefit cuts when Germany’s baby boom
generation retires later this decade.
For Germany, this is no small matter. Pensions are the country’s largest single
item of public spending — more than defense, education or health — and the
system rests on a delicate pact between workers and retirees. The coming years
will see millions leaving the workforce while far fewer young people enter it,
threatening to push the pay-as-you-go model to the brink.
But for a bloc of younger Christian Democratic lawmakers that looks like an act
of generational theft. Bas’ reform means about “€115 billion in additional
costs” by 2040, according to a position paper by the 18 lawmakers who say they
want to block it, seen by POLITICO.
The revolt has turned into a test of Merz’s authority. His government’s 12-seat
parliamentary majority is among the smallest in postwar German history, meaning
that a relatively small group of lawmakers can easily stymie any measure.
THE END OF AN ERA
The coalition’s gridlock is also being felt in Brussels.
The EU’s 2035 phaseout of combustion engines — a crucial issue for Germany’s car
industry that anchors nearly a fifth of the country’s exports — is another dicey
issue that exposes Germany’s fading grip on Europe’s industrial transition.
Merz’s Christian Democratic Union and the SPD have tentatively backed a
compromise to keep the EU’s 2035 ban in principle while creating exemptions for
plug-in hybrids, “range-extender” vehicles that use small combustion engines to
add range to batteries, and some synthetic fuels.
But the Bavarian Christian Social Union, the sister party of Merz’s CDU, has
flatly refused. Bavarian premier Markus Söder has framed the ban as an assault
on Germany’s industrial soul, warning Brussels to turn back its “ideological
regulations.”
Söder’s strong rejection is based on the influence of car giants such as BMW and
Audi in Bavaria, but also on political fear, two people familiar with the CSU’s
strategic thinking, granted anonymity to discuss internal matters, told
POLITICO’s Berlin Playbook.
Bavarian premier Markus Söder has framed the ban as an assault on Germany’s
industrial soul. | Boris Roessler/picture alliance via Getty Images
Söder worries about ceding working-class voters to the far-right AfD, they said,
which has turned the defense of the combustion engine into a rallying cry ahead
of next year’s communal elections.
The European Commission will start reviewing its car-emission regulation by the
end of the year and expects member countries to communicate their positions
beforehand. While other big countries such as France and Spain are trying to
uphold the ban, Germany is essentially voiceless as long as the government has
no common position.
Defining a new approach toward pressing questions — including on the way forward
for the German car industry —has become even more important as the old global
system that saw Germany become Europe’s dominant economy looks increasingly
tattered.
During the long 2005-2021 rule of former Chancellor Angela Merkel, Germany’s
prosperity rested on three pillars: exports to China, cheap gas from Russia and
U.S. protection through NATO. They have all crumbled, shattered by Chinese
market barriers, Moscow’s full-scale invasion of Ukraine,and President Donald
Trump’s questioning of U.S. security guarantees for Europe.
“Germany has created and enjoyed relatively favorable conditions during the
Merkel era — economically, geopolitically, etc., and little provision has been
made for the future,” said Grotz, the political science professor. “That is why
difficulties exist now not only in one area, but in many.”
The result is a country forced to reinvent itself — but the fear of fringe
parties is keeping mainstream politicians frozen, said Sabine Kropp, a political
science professor at the Freie Universität Berlin.
“A truly poor approach at the moment is the constant fear of the AfD,” she said.
`”Everything is viewed through the lens of whether it benefits or harms the AfD,
and that reduces the ability to solve problems.”
Laura Hülsemann and Rasmus Buchsteiner contributed to this report.