European Union State of Emergency

This is the press release I wish for my birthday this year Ursula von der Leyen .

I believe that you would solve a lot of European issues, including being ahead of the curve on the fallout of upcoming national elections in the Union.

DECLARATION OF A EUROPEAN UNION STATE OF EMERGENCY

 As the war in Ukraine is a war on the borders of the Union, with an accession candidate State being attacked militarily by its neighbor, Russia, the European Union has de facto been at war with Russia since February 24 in the context of the NATO from a military perspective, and independently from economic and humanitarian vantage points. We have chosen to pursue a cautionary role in the military dimension, providing weapons for Ukraine’s defense, while preventing an escalation of the conflict that could lead to a world war. We have introduced ever tighter sanctions on Russia, aiming to weaken their economy and so reducing their ability to fight a prolonged war in Ukraine. It is important that Europe in this situation is properly protected as an economy and home to 450 million people. We are suffering the consequences of our own sanctions as the countermeasures are always creating concern. Soaring gas prices are threatening to bankrupt European industry and likewise weakening the financial status of our citizens. We may face a deep and prolonged economic downturn, possibly causing unemployment leading to social disruption and falling family incomes.

Our motor of employment, industry, is clearly making plans to overcome this difficult period, but the ability to raise fresh capital depends both on current business outlook and not the least on current pricing of the capital of shareholders. As we have announced elsewhere, major forward-looking programs designed to secure the long term viability of European industry have been designed and the success of these depend in part on participation of the private sector capital providers to fund their fair share of initiatives.

It is in this context that the European Union today declares a State of Emergency, based on the war at our borders and the observation that private and public actors of foreign origin and some of our own, are taking advantage of the precarious situation we are in when resources are diverted to financially support our friends in Ukraine, while paying excessive prices for  gas in particular, and the products that derive from gas, such as electricity. A number of industries are highly exposed to price volatility, the resulting specific and general rise in the level of prices, the impact on cost of capital and earnings, and so their enterprise value as reflected in the stock market.

We have found public declarations of private investors residents of our major ally, the United States of America, that they sell short European shares and other securities, taking advantage of what we as major federations have set out to set right on  our common perimeter of defense. These destabilizing practices are applauded by our enemy at war, and the bloc of allies on their side.

We cannot close our eyes to the opportunistic war profiteering that is taking place today, that was triggered by the circumstances following the February 24 invasion. We cannot allow that our industry becomes trodden down and its market valuations diminished by the actions of friends and foes when we are at war. We cannot ignore the possible intent of acquiring our industrial leaders at a war discount, even by our notional allies.

We have also specifically seen the weaknesses inherent in our electricity markets and the impact this has had on all consumers of electricity and on the operators themselves. Margin calls on futures trading that operators engage in for price stability purposes, and securing their medium term outcomes in the face of fluctuating spot prices have reached  unimaginable levels, and in some member states governments have extended credit lines and guarantees to support its utilities in meeting the margin calls. As we can readily understand, this means that public finances are diverted to fight fires that again are emerging as a consequence of the war on our borders.

The European Union therefore has decided to enact, effective  immediately, the following first measures under the declared State of Emergency:

1.      All short sales of European securities on any exhange, public or private, including Dark Pools, are forbidden. All existing contracts dated February 24 2022 or later shall be declared null and void by relevant exchanges, with reference to this State of Emergency provision.

2.      All trading of gas and electricity contracts on the Amsterdam market and any other exchange shall cease.

3.      A European Single Buyer of gas, the Network Infrastructure Transactions for Utilities Purchasing SE (NITUP) is formed to negotiate and trade in gas for all European entities. All  export or import and other  trade in gas in whatever physical state is therefore not permitted by any other public or private entity.

4.      A price ceiling for natural gas sales to European Utilities and other industrial buyers of EUR 55 per mWh will be effective immediately.

5.      A price ceiling for sales of electricity to service providers of EUR 89/mWh will be effective immediately.

6.      A price ceiling of EUR 144/mWh to consumers will be effective immediately.  

7.      All European Union natural gas and oil extraction companies are nationalized by the respective member states. Shares compensation will reflect the lower of the geometric mean closing  prices for the period from August 25 2021 through August 24 2022, and the closing price at August 24 2022.  

8.      All breaches of any measure herein will result in the immediate dissolution of any enterprises involved and the transfer of all assets and liabilities of such entities to a  NITUP subsidiary for reorganization and potential merger with designated nationalized or private entities in the Union. The State of Emergency declaration explicitly sets aside any access to any court procedure or legal recourse for companies or individuals deemed in breach of the provisions herein.  

Brussels, September 25 2022