"Imagine what it would take for the executives at Apple, Samsung, Motorola, etc. to come together and all agree on some new format that perhaps one of them developed. Now consider that the EU would still have to approve it. The conclusion made from that Herculean effort might just be null and void."

The EU does not really care on the standard and does not judge the technical decision - it cares about that there is one standard.

So if Samsung, Apple and co come together for the next improved standard, then this is exactly the purpose of this legislation and no one has to fear if the EU is in a good mood afterwards.