NEWS,17.01.2013

EU tax ruling a blow to health firms

Spain's decision to cut VAT on some medical products was ruled illegal by Europe's highest court on Thursday, a fresh blow to health companies already struggling to get local authorities to pay their bills, who will now have to raise product prices.The ruling means that cuts made two years ago to bring value-added tax to between 4 and 10% will have to be reversed to the standard level of 21%.Fenin, an association that represents health technology companies in Spain, warned a VAT hike would increase costs for local governments by at least €1bn and lead them to rack up even more debt with pharmaceutical companies. "This ruling is unfair for citizens and could create difficulties for patients to access products that play an important part in the prevention, diagnosis and treatment of illnesses," Fenin said in a statement. Spain's cash-strapped local authorities, which control health budgets, have racked up billions of euros in unpaid bills for medical goods, missing budget targets set by central government as it grapples with a national economic crisis.Central government settled €6bn of outstanding bills by the end of the 2011 but the regions still owed €2.3bn as of last September.Pharmaceutical companies in Spain have warned their future could be jeopardised if the government does not stop over-spending regions from racking up debts.Spain's Treasury said it would work with the European Commission to identify which products would be affected by the court ruling.Brokerage Banesto Bolsa said the EU ruling was "very bad news" for companies that provide medical products like syringes for hospitals, estimating that their earnings before interest, tax, depreciation and amortisation could fall 15%. Lobby group Farmaindustria, which represents pharmaceutical companies, said the decision would have little effect on laboratories that produce new medicines, given that tax on raw materials used in the process was a very small part of total expenditure."Of course there will be impact but it won't be major," said Julian Zabala, spokesperson for the group.Spain found itself in the dock after the European Commission said it had breached EU rules."By applying reduced rates of VAT beyond what is authorised under the VAT Directive, Spain has failed to fulfil its obligations under EU law," the Luxembourg-based EU Court of Justice ruled.The court said Spain could not set lower taxes for medical substances, which are normally used in making medicines, or for medical products used to treat illnesses.

US gun measures face tough road ahead

President Barack Obama's sweeping gun-control package faces an uncertain future in Congress, where majority Republicans in the House of Representatives are rejecting his proposals, while the president's allies in the Democratic-controlled Senate are stopping well short of pledging immediate action. Obama's plan marks the most comprehensive effort to tighten gun laws in nearly two decades as he tries to build on the high emotions over last month's school shooting in Connecticut, where a gunman with a legally purchased high-powered rifle killed 20 children and six adults. Obama has called that day the worst of his presidency.The president's announcement on Wednesday appealed to both common sense and conscience, but frustrated observers of Congress say the growing partisan divide is little swayed by either."To make a real and lasting difference, Congress must act," Obama said. "And Congress must act soon."Obama must try to push through an assault weapons ban and other sensitive measures through a Congress that is already busy preparing for fights over three looming fiscal deadlines and a debate over comprehensive immigration reform.The country's most powerful pro-gun lobby, the National Rifle Association (NRA), is already rejecting many of Obama's proposals as it insists on an absolute reading of the Constitution's Second Amendment-guaranteed right to possess and bear firearms. The group, which also represents a gun industry that since the Civil War has promoted a national gun culture, has long warned gun owners that Obama wants to take their guns away.Critics counter that the country's founding fathers never could have foreseen assault weapons more than two centuries ago, when guns were intended for the common, not individual, defence, guns were often stored in community areas and rifles fired one shot at a time.The head of the NRA on Thursday morning said the organisation has no problem with tighter background checks of gun purchasers, another key Obama proposal. But David Keene told CBS that too much emphasis has been placed on banning certain firearms and said officials should focus instead on the "devastatingly broken mental health system in this country”.The fate of Obama's gun plan could ultimately hinge on a handful of moderate Democratic senators. Although they are unlikely to endorse the president's call for banning assault weapons, they might go along with other proposals, such as requiring universal background checks on gun purchases and limiting ammunition magazines to 10 rounds or less.Several of these senators responded warily after Obama unveiled his proposals."I will look closely at all proposals on the table, but we must use common sense and respect our Constitution," said Senator Jon Tester. The Democrat told the Missoulian newspaper in his home state recently that he supports background checks but doesn't think an assault weapons ban would have stopped the Connecticut shootings.Seeking to circumvent at least some opposition in Congress, Obama signed 23 executive actions on  Wednesday that don't require lawmakers' approval, including orders to make more federal data available for background checks and end a freeze on government research on gun violence. But he acknowledged that the steps he took on his own would have less impact than the broad measures requiring approval from Congress."I will put everything I've got into this, and so will Joe," the president said, referring to his vice president. "But I tell you, the only way we can change is if the American people demand it."Republican leaders in the House of Representatives have made clear they'll wait for the Senate to act first, since they see no need to move on the contentious topic if it doesn't."House committees of jurisdiction will review these recommendations. And if the Senate passes a bill, we will also take a look at that," said Michael Steel, spokesperson for House Speaker John Boehner.Many rank-and-file Republicans criticised Obama's proposal. "The right to bear arms is a right, despite President Obama's disdain for the Second Amendment," said Republican Tim Huelskamp.Senators are expected to begin discussions on how to proceed when they return to Washington next week from a congressional recess, according to a Democratic leadership aide who requested anonymity to discuss internal deliberations. They could end up breaking the president's proposals into individual pieces, with votes possibly starting next month.While the assault weapons ban is seen as having little if any chance of passage, support may coalesce behind requiring universal background checks, which is a top priority for advocacy groups that see it as the most important step to curbing gun crimes. The Brady Campaign to Prevent Gun Violence says 40% of gun sales are conducted with no criminal background checks, such as in some instances at gun shows or by private sellers over the Internet. Obama would seek to require checks for all sales.Senator Chuck Schumer, a Democrat, already has sponsored a bill to require universal background checks that the Senate could take up, while Senator Frank Lautenberg, another Democrat, has legislation banning ammunition magazines with more than 10 rounds.Senate Majority Leader Harry Reid, a Democrat and gun-rights backer who's been supported by the NRA in the past, responded cautiously, saying he was committed to ensuring the Senate considers legislation on gun violence early this year. He didn't endorse any of Obama's proposals.Despite the uncertainty in Congress and opposition from the powerful NRA, outside groups are encouraged by polling showing public support for change.A lopsided 84% of Americans back broader background checks, according to a new AP -GfK poll. Nearly six in 10 Americans want stricter gun laws, the same poll showed, with majorities favouring a nationwide ban on military-style weapons."Now it's up to us," said Dan Gross, president of the Brady Campaign. He said his group would be working "to bring that voice to bear in this process, because without that it's not going to happen”.

Israel's voting system breeds pluralism

Israel's voting system reflects the many different political currents in society, but it has also been behind the repeated failure of governments to form stable coalitions.The proportional representation system means that any party can enter the 120-member parliament, or Knesset, if it passes a threshold of 2% of the popular vote.The number of seats that party secures is proportional to the number of votes received.In Tuesday's election to choose the country's 19th Knesset, 5.6 million citizens are eligible to vote. There are 10 133 polling stations nationwide.Thirty-eight parties on 34 lists will battle for seats in the next Knesset, reflecting the country's eclectic political map. However, polls predict that fewer than half of them are expected to enter parliament.After the official results, President Shimon Peres has seven days in which to entrust forming the next government to the party leader who says he or she is ready to do so.The party leader then has 28 days to put together a coalition. If necessary Peres can extend the deadline by another 14 days.If a coalition fails to emerge, he can assign another party leader with the task, and this person also has 28 days to form a government.If this bid fails, Peres can then assign the task to a third person, but should this person not succeed within 14 days the president then calls a new election.Whoever gets first shot at forming a coalition of at least 61 MPs is generally the leader of the party that wins the most votes, although this is not mandatory.No single party in Israel has ever been able to secure the necessary 61 seats to enable it to rule alone.Twice - in 1996 and 1999 - Israelis voted directly for a prime minister as well as for a party list. In 2001, a special prime ministerial election was held after then Labour Premier Ehud Barak was unable to win the Knesset's support.Creating a coalition can be painstaking, as the leading party must accommodate different parties demanding portfolios in the new cabinet, each with its own agenda.This is the main source of instability in most Israeli governments, with only six of the past 18 parliaments able to complete their four-year mandate.The success of the political haggling that begins immediately after the election will determine how strong and viable Israel's next government becomes.

NEWS,11.10.2012

Spain comfortable with waiting game on aid

Spain is comfortable putting off an international aid request for weeks or even months as it waits out German political obstacles, analysts and sources say.In the meantime, Spanish Prime Minister Mariano Rajoy is focusing on measures such as intensifying labour market reforms, as well as pushing for a European banking union that would help rebuild confidence in Spain's tarnished banking sector.Spain's borrowing costs spiked in July, the yield on the benchmark 10-year bond jumped over an unsustainable 7%, but tumbled after ECB head Mario Draghi unveiled a bond-buying scheme to lower Spanish borrowing costs.Spain must first sign up for a European rescue plan to trigger the bond buying. Given its debt position, the Spanish government still sees that step as inevitable but pressure has eased as investors are less willing to bet against Spain with the ECB waiting in the wings.Germany has sent Spain strong signals that it should hold off because German Chancellor Angela Merkel is wary of presenting a fresh aid request to her parliament, euro zone sources say.Sources familiar with Rajoy's thinking say he also wants the ECB to indicate exactly what it will achieve with the bond-buying. "We will end up there, with ECB action, but the ECB is still designing the instrument in more accurate terms," said a source close to the government. "The markets understand that we have the fire extinguisher. We'll see how it evolves in the coming weeks."Turmoil over Greece, a fresh spike in Spanish yields or a credit rating downgrade to junk status for Spanish government bonds could accelerate the process, but for now Madrid is comfortable taking it slow, the source said.Spanish officials see more risks to moving ahead quickly without assured German backing, than in delaying a request.Meanwhile, they think things are moving in the right direction. For example, criticism of Draghi's plan has died down after strident objections from European Central Bank Governing Council Member Jens Weidmann, who heads the German Bundesbank."We think that the current period of vacillation might last for several months if events don't intervene," Alex White, an economist with JP Morgan in London, wrote in a research note.White said he saw little on the horizon to change Germany's desire to avoid a Bundestag vote on Spain in the near-term.Then there is Rajoy's personality to consider."Rajoy has infinite patience to put up with tension where others would break down," said a senior banker in Spain.Although Rajoy has said he is studying conditions for seeking European aid, there is no mystery over what the European Commission would demand of Spain in terms of structural reforms and spending cuts.Euro zone sources have said conditions are likely to be largely in line with measures the country has already taken, since Spain would not be applying for a full rescue programme that would cover all of its financing needs.The International Monetary Fund has sent a strong message to European policymakers to focus on growth even as they try to correct deficits, a line Spain applauds.With the economy in a deep recession and unemployment close to 25 percent, Spanish officials point out that ECB intervention might bring liquidity, but won't revive economic growth."With or without liquidity we have a growth problem globally, that we must start discussing," said the source close to the government.Banking reform Rajoy has concentrated on moving forward with banking union - under which the ECB would supervise European banks and the region would set up a deposit guarantee fund - which he sees as key to improving Spanish banks' access to liquidity.After meeting French President Francois Hollande on Wednesday the two leaders called for rapid progress toward banking union at a European leaders' summit next week. However, Germany and others do not expect agreement even on cross-border supervision for a year or more.Originally, Spain was pushing for the banking union because it would have allowed the ESM rescue fund to directly recapitalise Spanish banks, keeping the cost of a financial sector rescue off the country's public accounts.However, Spain is less concerned about that impact now, since it estimates it will use only 40 billion euros of the 100 billion euros of bank rescue funds lined up, equivalent to only 4 points of gross domestic product.Treasury Minister Cristobal Montoro calculated the deficit would swell to 7.4% of GDP this year when taking the bank rescue into account, but he said the European Commission would not consider that as non-compliance with targets, since it is a one-off.But banking union is still paramount for Spain since it would foster some confidence in its financial sector, which was crippled by a decade-long building boom that collapsed four years ago leaving the banks with 184 billion euros of bad debt.Rajoy has announced 65 billion euros in budget savings by the end of 2014 to try to bring Spain's deficit down drastically, in line with European Union targets.But rising unemployment, falling tax revenue and the recession are undermining his efforts.The Spanish government is acutely aware that next door, Portugal's severe spending cuts have failed to revive the economy.In Madrid, the source close to the government said under European rules if the government misses is deficit target because of recession, the European Commission would not apply sanctions for a missed deficit.

S&P downgrades Spain two notches

Standard & Poor's cut Spain's sovereign debt rating on Wednesday by two notches to just above junk level, citing the deepening recession and strains from the country's troubled banks.S&P cut the rating to BBB- from BBB+, just one level above "speculative" or "junk" grade debt, which could have sent Madrid's borrowing costs skyrocketing to untenable levels."The downgrade reflects our view of mounting risks to Spain's public finances, due to rising economic and political pressures," S&P said."The deepening economic recession is limiting the Spanish government's policy options," it said, adding that rising joblessness and tighter spending will likely intensify social conflict and tensions between the country's regions and Madrid.Moreover, S&P expressed doubts that all of the eurozone governments will give their backing to the bloc's effort to recapitalize Spain's banks, leaving more of the burden at least on the Spanish government and forcing its debt burden to balloon."Against the backdrop of a deepening economic recession, we believe that the government's resolve will be repeatedly tested by domestic constituencies that are being adversely affected by its policies," S&P said."Accordingly, we think the government's room to maneuver to contain the crisis has diminished."The ratings agency also attached a "negative outlook" to the rating, a warning of a possible further downgrade over the medium term.Such a downgrade would come, S&P said, if political support for the government's reform agenda weakens, if eurozone support fails to prevent Spain's borrowing costs from jumping above sustainable levels, or if debt tops100 percent of economic output or debt payments surpass 10% of general government revenues.

Greece's biggest company flees

Greece's biggest company, Coca Cola Hellenic, is leaving the country, the drinks bottler announced today. The immediate material impact on Greece is limited - its Greek plants stay open and CCH said the small portion of it activity that the world's second-ranked Coke bottler has in Greece will be unaffected. But analysts quickly saw it as bad news for a nation struggling to compete inside the euro zone.CCH, which has said it fears the Greek crisis could disrupt its multinational business, said in a bourse filing in Athens that shareholders, most of whom are abroad, will exchange their stock for shares in Coca Cola HBC AG, based in Switzerland and effectively shorn of the Greek tag "Hellenic".That stock will be primarily quoted on London's LSE."A primary listing on Europe's biggest and most liquid stock exchange reflects better the international character of Coca Cola Hellenic's business activities and shareholder base," the company said in its regulatory statement.The firm, in which The Coca-Cola of the United States has a 23% stake, bottles Coke and other produce in 28 countries from Russia to Nigeria. About 95% of its shareholders and business activity are outside Greece."This transaction makes clear business sense," chief executive Dimitris Lois told analysts in a conference call. An overwhelming majority of shareholders have already accepted moving a company which has long complained about Greek taxes.Analyst Manos Hatzidakis of Beta Securities in Athens said that the move made sense for the firm, which follows Greek dairy group FAGE this month in seeking a low-tax, low-volatility haven for its corporate base - in FAGE's case Luxembourg."The Greek bourse is losing a very good company and the London Stock Exchange is gaining a very important group," said Hatzidakis. "It's very bad news for the Greek economy and bourse."For brokers on the stock exchange, losing a stock that made up 8% of daily turnover this year will be unwelcome - especially since total volumes are down by half since last year.For the Greek treasury, the loss of tax revenue is unclear. Though CCH officials did not detail tax savings from moving the registered office to Switzerland, it has complained of high - and increasingly unpredictable - taxation in crisis-hit Athens.But the move may further discourage investment in Greece.Trade unionists saw the corporate exodus as immoral and one, Stathis Anestis, spokesman for the biggest labour group GSEE, suggested a boycott of Coke: "This is unacceptable," he said."CCH and FAGE are speculating at the most crucial moment for the Greek economy and the Greek people. Consumers should use their power to punish these companies."Country risk One analyst said CCH, which rose to the top of corporate rankings as the values of Greek banks collapsed, was out to rid its share price of such risks associated with Greece; the country is mired in recession and facing mass discontent as its leaders slash budgets to meet international creditors' terms for loans intended to keep Athens inside Europe's single currency."This is a healthy company that does not want to suffer from Greece's high country risk," said the analyst, who spoke on condition of anonymity.Foreign investors have been steadily reducing their investment in the Athens Stock Exchange since the country was engulfed by the sovereign debt crisis in 2009. Greece's future in the 17-nation euro zone still remains in doubt.Aided by the fact that it is doing most of its business outside Greece, CCH consistently outperformed the general Athens stock market index, which has slumped to 20-year lows.CCH has become the country's biggest firm by market value with a capitalisation of around 6 billion euros, representing about a fifth of the Athens bourse's total.The company, which last year made net profit of 330 million euros on sales of 6.85 billion, has complained of taxes imposed under Greek government austerity measures.A US filing shows it paid about 20 million euros in both 2009 and 2010 for one-off "social responsibility" levies in Greece.Profits at operating units in other countries are generally taxed locally. The Greek parent company reported 32 million euros in Greek taxes in 2010 and none last year. New withholding tax on dividends in Greece might have affected CCH in future.In its US filing for 2011, the company said: "Greece, which accounted for approximately 6% of our unit case sales volume and approximately 8% of our net sales revenue in 2011, is currently facing a severe economic crisis resulting from significant government fiscal deficits and high levels of government borrowing.""The ... Greek government debt crisis may have impacts on our liquidity that currently cannot be predicted."CCH said it would delist from the Athens Stock Exchange and then seek to re-enter that bourse with a secondary listing.Coca Cola Hellenic shares closed down 4.9% at 15.66 euros in Athens. Analysts explained the drop by the low cash price of 13.58 euros the company is offering to those shareholders who refuse the offer of new Swiss shares.