Last month, the U.S.-EU Trade and Technology Council (TTC) met in Paris-Saclay for the second time since its launch in June 2021. (The first ministerial took place in Pittsburgh in September. France hosted this session as holder of the rotating presidency of the Council of the EU.) The meeting was co-chaired by Secretary of State Blinken, Secretary of Commerce Raimondo, and U.S. Trade Representative Tai, and European Commission Executive Vice Presidents Vestager and Dombrovskis. European Commissioner Breton also joined the discussions and the French ministers for foreign affairs, economy, and trade (Le Drian, Le Maire, and Riester) hosted the opening dinner.

The TTC is a new model of economic integration through regulatory coordination. Although both sides reserve their “regulatory autonomy,” they have also invested significant political capital, time, and effort into this process. The TTC spans broad policy areas including tech standards, climate, supply chains, export controls, and investment screening. It operates through ten working groups, which meet at staff working levels and seek input from outside stakeholders. For instance, the European Commission sponsors a “Trade and Technology Dialogue” facility to conduct outreach to the private sector and civil society. Through this technical work, the TTC’s aim is to shape the “rules of the road” for the global economy to favor liberal democracies, leveraging the transatlantic community’s half of global GDP. The ministerials set the themes and political direction for the working groups.

Against the backdrop of Russia’s ongoing aggression against Ukraine, the U.S. and EU noted that the TTC has become a “central pillar” of the transatlantic partnership, “indispensable” in facilitating coordination on sanctions and export controls. It will serve as a forum to monitor and discuss the Russia sanctions and may coordinate their eventual removal. Indeed, the TTC has arguably become more of a geopolitical tool than originally intended. Its 48-page joint statement reflects the breadth and depth of the underlying discussions and signals various future policy directions.

Tech Outcomes

Tech policy is at the forefront of the TTC’s discussions, perhaps even more so than trade. The Paris ministerial launched a new subgroup on Artificial Intelligence to help develop standards for “trustworthy AI,” which is at the core of the European Commission’s proposed regulation on AI. The subgroup will seek to develop a “joint roadmap on evaluation and measurement tools for trustworthy AI and risk management.” Given that the two sides currently have somewhat different approaches on AI regulation, this subgroup’s work will be important in shaping policy in this area.

The TTC also launched a U.S.-EU Strategic Standardisation Information (SSI) mechanism to facilitate information-sharing on international standards development. As noted above, the overarching aim is to shape international tech rules to advance U.S. and EU values and interests, rather than those of authoritarian actors, such as Russia or China. To this end, the two sides committed to collaborate in international standards institutions.

The two sides also emphasized the need for resilient supply chains, particularly in the area of semiconductors, and resolved to coordinate policy to avoid subsidy races. For instance, the TTC noted shared risks in the rare earth magnets supply chain and exchanged thoughts on how to mitigate these. Similarly, it discussed vulnerabilities of the critical medicines supply chain.

The parties also discussed content moderation, disinformation, emerging technologies, as well as a U.S.-EU guide to cybersecurity best practices for small- and medium-sized companies.

Trade Outcomes

In the area of trade, the TTC discussed both restrictive and facilitating measures.

To penalize Russia’s aggression against Ukraine, the EU and U.S. resolved to further a range of sanctions. They also agreed to deepen their exchange of information regarding exports of critical technology to Russia, as well as other malevolent actors, in an effort to restrict authoritarian countries’ access to such technology. To address the looming food crisis, the TTC launched a policy dialogue to develop solutions to mitigate the consequences of food shortage and to provide support to affected third countries. The parties also agreed to reduce unnecessary barriers to trade and investment.

One new issue addressed by the TTC is labor. The two sides launched a tripartite “Trade and Labor Dialogue” among the EU and U.S., trade unions, and businesses to promote internationally-recognized labor rights with the aim of ending illegal practices such as forced and child labor.

The TTC also discussed further measures to improve trade both between themselves and with third countries. To that end, the U.S. and EU agreed to establish an early alert dialogue regarding trade issues with third countries. The dialogue will allow both parties to consult each other at the earliest stage and preempt the establishment of trade barriers that may harm the U.S., EU, or both. However, there are no current signs that the TTC will mark the beginning of a new U.S.-EU trade agreement, as the talks do not cover issues such as market access.

The co-chairs also highlighted the need to reform the WTO in an effort to create an effective and resilient global trading system. In light of the WTO’s 12th Ministerial Conference planned for mid-June, and with the cooperation of allies outside the TTC such as Japan, the U.S. and EU hope to establish a structure capable of countering trade-distortive nonmarket practices and to develop the rules and enforcement tools necessary to counter these. However, the trilateral talks among the U.S., EU, and Japan on reforming WTO rules on subsidies that had run since 2017 have not resumed under the Biden administration. And while concrete steps on WTO reform are unlikely in the near-term, the TTC may serve as a useful forum to prepare these measures.

China

China was barely mentioned in the Paris-Saclay ministerial conclusions, but is always in the background of the TTC’s deliberations. In particular, cooperation on non-market behavior is an important part of the transatlantic agenda. The EU and U.S. have also discussed coordinating on measures targeting China’s violation of labor rights in the Xinjiang province. Transatlantic cooperation on export control and investment screening is also part of this joint approach toward China.

Next Steps

The TTC’s activities now return to the staff level to implement this political direction across the ten working groups. The next ministerial will take place in the United States before the end of 2022.

Photo of Stuart E. Eizenstat Stuart E. Eizenstat

Ambassador Stuart E. Eizenstat is Senior Counsel  in Covington & Burling LLP’s international practice. His work at Covington focuses on resolving international trade problems and business disputes with the U.S. and foreign governments, and international business transactions and regulations on behalf…

Ambassador Stuart E. Eizenstat is Senior Counsel  in Covington & Burling LLP’s international practice. His work at Covington focuses on resolving international trade problems and business disputes with the U.S. and foreign governments, and international business transactions and regulations on behalf of U.S. companies and others around the world. He was an Adjunct Lecturer at Harvard University’s John F. Kennedy School of Government (1982-1991), where he taught a course on presidential decision-making. He has been a Guest Scholar at the Brookings Institution (1981) and the Woodrow Wilson Center (2001).

During a decade and a half of public service in six U.S. administrations, Ambassador Eizenstat has held a number of key senior positions, including Chief White House Domestic Policy Adviser to President Jimmy Carter (1977-1981); U.S. Ambassador to the European Union, Under Secretary of Commerce for International Trade, Under Secretary of State for Economic, Business and Agricultural Affairs, and Deputy Secretary of the Treasury in the Clinton Administration (1993-2001).

In the Carter White House, he was major figure in all the domestic legislative achievements of the Carter Administration. He also recommended to President Carter a Presidential Commission on the Holocaust, headed by Elie Wiesel, which led directly to the congressional approval of the United States Holocaust Memorial Museum.

During the Clinton Administration, he had a prominent role in the development of key international initiatives, including the negotiations of the Transatlantic Agenda with the European Union (establishing the framework for the  U.S. relationship with the EU); the development of the Transatlantic Business Dialogue (TABD) among European and US CEOs; the negotiation of agreements with the European Union regarding the Helms-Burton Act and the Iran-Libya Sanctions Act; the negotiation of the Japan Port Agreement with the Japanese government; and the negotiation of the Kyoto Protocol on global warming, where he led the  U.S. delegation.

Much of the interest in providing belated justice for victims of the Holocaust and other victims of Nazi tyranny during World War II was the result of his leadership of the Clinton Administration as Special Representative of the President and Secretary of State on Holocaust-Era Issues, while continuing to hold his other Senate-confirmed positions. He successfully negotiated major agreements with the Swiss, Germans, Austrian and French, and other European countries, covering restitution of property, payment for slave and forced laborers, recovery of looted art, bank accounts, and payment of insurance policies. He was the principal negotiator of the 1998 Washington Principles on Nazi-Confiscated Art with 44 countries, which continues to be a basis for recovery and compensation for Nazi-looted art. His book on these events, Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War II, has been favorably received in publications like the New York Times, Los Angeles Times, Washington Post, Business Week, and Publisher’s Weekly. It has been translated into German, French, Czech and Hebrew.

In addition, during the Obama administration, he served as Special Adviser on Holocaust-Era Issues to Secretary of State Hillary Clinton and Secretary of State John Kerry (2009-2017). During this period of his public service, Ambassador Eizenstat negotiated significant Holocaust-related agreement with the governments of Lithuania (2011), and with France (2014), regarding the deportation of Jews on the French railway. During this time, he was also the principal U.S. negotiator for the Terezin Declaration with 47 countries (2009), which strengthened the Washington Principles on Nazi-Confiscated Art and urging measures to assist the social welfare of poor, elderly Holocaust survivors, and the agreement with over 40 countries on Best Practices and Guidelines for the Restitution and/or Compensation of Private (Immovable) Property Confiscated by the Nazis and their Collaborators Between 1933-1945. In the Obama Administration, he also served on the Defense Policy Board, for Secretary of Defense Chuck Hagel and Secretary of Defense Ashton Carter.

During the Trump administration, he was appointed by Secretary of State Mike Pompeo as Expert Adviser to the State Department on Holocaust-Era Issues (2008-2021).

In the Biden administration, he is currently serving as Special Adviser to Secretary of State Antony Blinken on Holocaust Issues. In this capacity, he played a major role in the negotiation of the Best Practices for the Washington Principles on Nazi-Confiscated Art (2024), now supported by 25 countries. He was appointed by President Biden as Chairman of the United States Holocaust Memorial Museum Council (2022-present).

Since 2009, he has served as pro bono Special Negotiator for the Jewish Claims Conference in negotiations with the German government, obtaining billions of dollars of benefits for poor Holocaust survivors, for home care, social and medical services, enhanced pensions, hardship payments, child survivor and Kindertransport survivors, special supplemental payments for the poorest of the poor, and worldwide educational benefits.

Ambassador Eizenstat has received more than eighty awards, including eight honorary doctorate degrees from universities and academic institutions. He has been awarded high civilian awards from the governments of France (two Legions of Honor awards in 2004 and 2024), Germany, Austria, Israel, Belgium and Lithuania, as well as from Secretary of State Warren Christopher, Secretary of State Madeleine Albright, and the Alexander Hamilton Award from Secretary of the Treasury Lawrence Summers. In 2003, he received the Great Negotiator Award from Harvard Law School. In 2007, he was named “The Leading Lawyer in International Trade” in Washington, DC by Legal Times. His articles appear in The New York Times, Financial Times, International Herald Tribune, Washington Post, Los Angeles Times, USA Today,  Foreign Policy magazine, and Foreign Affairs magazine, on a variety of international and domestic topics. He was the co-author of Andrew Young: The Path to History (1973), which chronicled how Andrew Young became for the first African American to win a congressional seat in the Deep South since Reconstruction following the Civil War.

His book President Carter: The White House Years (2018, 2020) is a definitive history of the Carter administration, which has been favorably reviewed by The New York Times, The Washington Post, National Review, National Interest, Minneapolis Star Tribune, Moment Magazine, and many other publications. His most recent book is The Art of Diplomacy: How American Negotiators Reached Historic Agreements That Changed the World (20240,which has also won accolades from a variety of publications.

Ambassador Eizenstat grew up in Atlanta and was educated in its  public schools. He was All-City and Honorable Mention All-American (Dell Sports Magazine) in basketball.  He is a Phi Beta Kappa, cum laude graduate of the University of North Carolina at Chapel Hill, where he was inducted into the Order of the Old Well and Golden Fleece Society, and has an endowed chair in his name, The Ambassador Stuart E. Eizenstat Chair of Modern Jewish History. He is a graduate  of Harvard Law School. He was  married for 45 years to the late Frances Eizenstat and has two sons, eight grandchildren, and one great-grandson.

Photo of Bart Szewczyk Bart Szewczyk

Having served in senior advisory positions in the U.S. government, Bart Szewczyk advises on European and global public policy, particularly on technology, economic sanctions and asset seizure, trade and foreign investment, business and human rights, and environmental, social, and governance issues, as well…

Having served in senior advisory positions in the U.S. government, Bart Szewczyk advises on European and global public policy, particularly on technology, economic sanctions and asset seizure, trade and foreign investment, business and human rights, and environmental, social, and governance issues, as well as conducts international arbitration. He also teaches grand strategy as an Adjunct Professor at Sciences Po in Paris and is a Nonresident Senior Fellow at the German Marshall Fund.

Bart recently worked as Advisor on Global Affairs at the European Commission’s think-tank, where he covered a wide range of foreign policy issues, including international order, defense, geoeconomics, transatlantic relations, Russia and Eastern Europe, Middle East and North Africa, and China and Asia. Previously, between 2014 and 2017, he served as Member of Secretary John Kerry’s Policy Planning Staff at the U.S. Department of State, where he covered Europe, Eurasia, and global economic affairs. From 2016 to 2017, he also concurrently served as Senior Policy Advisor to the U.S. Ambassador to the United Nations, Samantha Power, where he worked on refugee policy. He joined the U.S. government from teaching at Columbia Law School, as one of two academics selected nationwide for the Council on Foreign Relations International Affairs Fellowship. He has also consulted for the World Bank and Rasmussen Global.

Prior to government, Bart was an Associate Research Scholar and Lecturer-in-Law at Columbia Law School, where he worked on international law and U.S. foreign relations law. Before academia, he taught international law and international organizations at George Washington University Law School, and served as a visiting fellow at the EU Institute for Security Studies. He also clerked at the International Court of Justice for Judges Peter Tomka and Christopher Greenwood and at the U.S. Court of Appeals for the Third Circuit for the late Judge Leonard Garth.

Bart holds a Ph.D. from Cambridge University where he studied as a Gates Scholar, a J.D. from Yale Law School, an M.P.A. from Princeton University, and a B.S. in economics (summa cum laude) from The Wharton School at the University of Pennsylvania. He has published in Foreign Affairs, Foreign Policy, Harvard International Law Journal, Columbia Journal of European Law, American Journal of International Law, George Washington Law Review, Survival, and elsewhere. He is the author of three books: Europe’s Grand Strategy: Navigating a New World Order (Palgrave Macmillan 2021); with David McKean, Partners of First Resort: America, Europe, and the Future of the West (Brookings Institution Press 2021); and European Sovereignty, Legitimacy, and Power (Routledge 2021).

Photo of Atli Stannard Atli Stannard

Atli Stannard is special counsel in the firm’s Public Policy practice. He guides clients in highly regulated industries through complex EU policymaking processes, protecting and advancing their core business and regulatory priorities.

Atli’s practice covers all aspects of EU policymaking and legislative advocacy…

Atli Stannard is special counsel in the firm’s Public Policy practice. He guides clients in highly regulated industries through complex EU policymaking processes, protecting and advancing their core business and regulatory priorities.

Atli’s practice covers all aspects of EU policymaking and legislative advocacy, including the regulation of the tech, food and beverage, pharmaceutical and medical devices, and industrial sectors, and on EU trade, environmental and ESG, and competition policy. He has handled matters before the European Commission, European Parliament, Council of the EU, and Member State and UK governments. Clients rely on him to identify regulatory risks and opportunities, and engage in the policy process to defend and promote their business interests. 

  • Technology: Atli has worked extensively for clients on matters relating to EU data, content, platform, Artificial Intelligence, and competition policy.
  • Food and beverage: Atli helps clients developing novel plant-based foods to secure the necessary regulatory authorizations and engage in broader EU food policymaking. He regularly engages with EU and national authorities to ensure that health and environmental regulations are based in rigorous scientific evidence. He has drawn on his trade policy expertise to assist clients seeking to import food products into the EU.
  • Drug & medical devices: Atli has counseled clients and engaged with the EU institutions on matters relating to genomics, the regulation of medical devices and in vitro diagnostics, health technology assessment, orphan medicines, and pricing.
  • Industrial: Atli helps clients engage with EU and national bodies on the environmental benefits of their innovative technologies, and on EU plastics, chemical, and product regulation.

In his EU trade policy work, Atli regularly advises clients facing on EU market access and customs classification issues, trade defense actions (tariffs and safeguard measures), and non-tariff barriers (including sanitary and phytosanitary measures). He helps clients engage in the EU’s negotiation of new trade agreements. He counsels clients on the impact of the upcoming Carbon Border Adjustment Mechanism, and how to shape and comply with its requirements.

Atli is a member of the firm’s ESG and Business and Human Rights Practices, and works with clients to assess the impact of and engage with new and upcoming Environmental, Social and Governance rules, including the EU Green Deal, supply chain diligence and the EU’s developing sustainable finance rules.

Atli’s competition policy advocacy work encompasses mergers, challenges under Articles 101 (anticompetitive agreements) and 102 (abuse of dominance) TFEU, and referrals under Article 22 of the EU Merger Regulation.

Atli has counseled international investors extensively on the EU’s proposals for a regime on foreign subsidies, and on the EU’s new FDI screening rules and coordination mechanism, as well as on EU tax policymaking. He also works closely with litigation colleagues to protect clients’ legitimate interests in multiple venues.

Photo of Cecilia Malmström Cecilia Malmström

Cecilia Malmström is a senior advisor in the firm’s Brussels office. She has devoted the better part of her career to global affairs and international relations and has extensive experience with multilateral leadership and cooperation. Cecilia, a non-lawyer, served as European commissioner for…

Cecilia Malmström is a senior advisor in the firm’s Brussels office. She has devoted the better part of her career to global affairs and international relations and has extensive experience with multilateral leadership and cooperation. Cecilia, a non-lawyer, served as European commissioner for trade from 2014 to 2019 and as European commissioner for home affairs from 2010 to 2014. She was first elected as a member of the European Parliament in 1999, serving until 2006, and was minister for EU affairs in the Swedish government from 2006 to 2010.

As European commissioner for trade, Cecilia represented the European Union in the World Trade Organization (WTO) and other international trade bodies. She was responsible for negotiating bilateral trade agreements with key countries, including agreements with Canada, Japan, Mexico, Singapore, Vietnam, and the four founding Mercosur countries.

Cecilia holds a Ph.D. in political science from the department of political science of the University of Gothenburg.