Europe Daily News, 7 February 2024

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COMPETITION

  • Prior notification of a concentration (Case M.11380 - Inpex / KHI / Iwatani / JSE)
  • Commission clears creation of joint venture by MC, DTHAG and MMC (M.11424) - Midday Express
  • Commission clears acquisition of BMS by VWFS and Pon.Bike (M.11321) - Midday Express
  • Commission clears acquisition of Avista Oil by SKion and Bitburger Holding (M.11414) - Midday Express
  • Commission clears acquisition of Dayco's Powertrain Solutions business by Aurelius (M.11427) - Midday Express
  • Commission clears acquisition of Vantage NA Data Center Assets by Silver Lake and DigitalBridge (M.11434) - Midday Express
  • Commission sends Statement of Objections to PPC over predatory pricing in the Greek wholesale electricity market - IP/24/672
  • EFTA - ESA closes investigation into Norwegian restrictions on subcontracting in public procurement
  • Germany - Bundeskartellamt: List of Notified Merger Projects as of 06 February 2024
  • UK - The CMA launched of its merger inquiry in the acquisition by Theramex HQ UK Ltd. of certain rights to Viatris Inc’s Femoston and Duphaston products
  • Europe has an unri­valled record on anti­trust - From Olivier Guersent, Dir­ector-Gen­eral, Dir­ect­or­ate-Gen­eral for Com­pet­i­tion, European Com­mis­sion

STATE AID

  • State aid in the context of the COVID-19 pandemic: the General Court annuls the approval of State aid from the Netherlands amounting to €3.4 billion in favour of KLM (see CPR No.25/2024 - Judgment of the General Court in Case T-146/22; Ryanair Vs. Commission)
  • Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections – SA.109911; SA.110163; SA.109250; SA.107898 & SA.105381
  • EFTA - ESA approves Icelandic tax scheme for employee share options

TRADE & CUSTOMS

  • Agenda for: Trade Policy Committee (Generalised System of Preferences (GSP)) - 09 February 2024
  • Agenda for: Customs Programme - Meeting on the Update and enrichment of ECICS - 01 March 2024
  • Agenda for: Customs Programme - 26th Meeting of the Customs Laboratories European Network (CLEN) - 13 February 2024
  • Minutes - Customs Programme - CLEN Action 2 - Proficiency Test on Tobacco Products - 25 October 2023
  • Report of the Expert group for Preparatory meetings of the WTO Committee for Sanitary and Phytosanitary Issues (SPS) - 15 -17 November 2023
  • Regulation of the European Parliament and of the Council on exceptional trade measures for countries and territories participating in or linked to the Stabilisation and Association process
  • Commission publishes guide to help EU producers with anti-dumping complaints
  • Answer given by EVP Dombrovskis to a MEP written question - Sustainability and competitiveness of the EU banana sector
  • WTO - Committee on Technical Barriers to Trade - Notification - European Union - Construction products
  • WTO - Aid-for-Trade Global Review 2024 to look at mainstreaming trade into development strategies
  • UK to wave through animal products from EU if ports are overwhelmed - Contingency plan comes after trade bodies warn new post-Brexit checks risk disrupting supply chains - Financial Times

INTERNAL MARKET & INDUSTRY

  • Agenda for: Working Party on Technical Harmonisation (Safety of Toys) - 13 February 2024
  • February infringement package: key decisions
  • Strategic Technologies for Europe Platform: provisional agreement to boost investments in critical technologies

CHEMICAL

NET-ZERO INDUSTRY ACT

  • Net-Zero Industry Act: Council and Parliament strike a deal to boost EU’s green industry - See the EP Statement
  • Commission welcomes political agreement to make clean technology manufacturing in the EU resilient and competitive - IP/24/680
  • 2040 target: enabling conditions for unlocking investment in industrial transition cannot wait any longer, warns Eurofer
  • EU promotes costly, unproven technologies on final net-zero industry plan, see EBB Statement

FINANCE

  • Capital markets Union: Council and Parliament agree on improvements to EU clearing services
  • Commission welcomes political agreement on the clearing package, a boost for the Capital Markets Union - Midday Express
  • EFAMA - Joint letter asks European Commission to delay technical changes by supervisors until broader review of SFDR is complete - Statement

AGRICULTURE & FISHERIES

  • Easier access to EU funding for rural areas thanks to EU Rural Toolkit - IP/24/656
  • Support to Ukraine, response to farmer’s concerns: MEPs review latest EU summits
  • EU’s 2040 climate ambition is undermined by distractions and shortsighted decisions on agriculture - see EEB Statement
  • Copa-Cogeca Statement - EU 2040 climate target and carbon management Communications – A dialogue with farmers has finally been chosen!
  • Brussels bows to farmers’ protests by slashing environmental targets - Commission chief Ursula von der Leyen says plan to halve pesticide use had become ‘symbol of polarisation’ - Financial Times

ENVIRONMENT & CLIMATE CHANGE

  • Agenda for: Meeting of the Expert Group on Waste (end-of-life vehicles) - 12 February 2024
  • Commission sets out how to sustainably capture, store and use carbon to reach climate neutrality by 2050 - IP/24/585; QaA; FactSheet & Communication
  • Commission presents recommendation for 2040 emissions reduction target to set the path to climate neutrality in 2050 - IP/24/588; QaA; FactSheet; Communication & Impact assessment
  • Press remarks by EVP Šefčovič and Commissioners Simson and Hoekstra on the Communications on a recommended emissions reduction target for 2040 and Industrial Carbon Management
  • Waste: Commission decides to refer Spain to the Court of Justice of the European Union for failure to apply the waste management requirements - IP/24/266
  • Water and floods: Commission decides to refer Bulagaria, Ireland, Spain, Malta, Portugal and Slovakia to the Court of Justice of the European Union for failure to finalise the revision of their water plans - IP/24/265
  • Nature: Commission decides to refer Portugal back to the Court of Justice of the European Union for failure to comply with previous judgment on conservation of Natura 2000 sites - IP/24/268
  • EP legislative resolution of 6 February 2024 on the proposal for a Directive of the European Parliament and of the Council amending Directive 2012/19/EU on waste electrical and electronic equipment (WEEE)

HEALTH, FOOD & PRODUCT SAFETY

  • EFSA - Developing an integrated approach to assess the emergence threat associated with influenza D viruses’ circulating in Europe
  • EFSA - Follow‐up of the re‐evaluation of quillaia extract (E 999) as a food additive and safety of the proposed extension of uses

DIGITAL & INFORMATION SOCIETY

  • Making the online world safer for children and young people on Safer Internet Day - Midday Express
  • Commission welcomes new measures to boost the rollout of gigabit networks - IP/24/669 & see the ETNO statement
  • Commission Recommendation on the regulatory promotion of gigabit connectivity
  • Commission Implementing Regulation (EU) 2024/482 of 31 January 2024 laying down rules for the application of Regulation (EU) 2019/881 of the European Parliament and of the Council as regards the adoption of the European Common Criteria-based cybersecurity certification scheme (EUCC)

DATA PRIVACY & CYBERSECURITY

  • Agenda for: Horizontal Working Party on Cyber Issues - 07 February 2024
  • EPlegislative resolution of 6 February 2024 on the proposal for a regulation of the European Parliament and of the Council amending Council Decision 2009/917/JHA, as regards its alignment with Union rules on the protection of personal data
  • ENISA - Joint Statement on Ivanti Connect Secure and Ivanti Policy Secure Vulnerabilities - Assessment and advice on recovery and mitigating actions
  • Hungarian SA’s decision: failure by an airline company to comply with an erasure request concerning an email address used for direct marketing - See EDPB Statement
  • Final decision of Hungarian SA about infringement of Article 26 GDPR by a foundation - See EDPB Statement
  • Data brokers: French SA fined Tagadamedia €75,000 - See EDPB Statement

TRANSPORT & MOBILITY

  • Commission Delegated Regulation (EU) …/... amending Delegated Regulation (EU) No 305/2013 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the harmonised provision for an interoperable EU-wide eCall
  • Near-disaster shows EU air traffic control is nowhere near good enough - Bordeaux incident highlights the need to accelerate technological innovation in aviation management - Financial Times

AREA OF FREEDOM, SECURITY & JUSTICE

  • Schengen: Council and European Parliament agree to update EU’s borders code
  • Commission decides to partially register a European Citizens' Initiative on Cannabis - IP/24/650
  • Procedural rights: Commission decides to refer Belgium and Luxembourg to the Court of Justice of the European Union for not fully granting the right of access to a lawyer and communication upon arrest - IP/24/651
  • The fight against child sexual abuse receives new impetus with updated criminal law rules - IP/24/631, Q&A, see the Proposal for a Directive, Opening remarks by VP Šuica and Commissioner Johansson
  • The Commission welcomes the political agreement on new rules for a more resilient Schengen area - IP/24/667
  • Commission welcomes political agreement on new rules to combat violence against women and domestic violence - IP/24/649
  • Violence against women: Council and European Parliament reach deal on EU law - See the EP Statement

ECB, EURO & ECONOMY

  • Deal on mid-term revision of EU’s long-term budget - see the EP Statement
  • Isabel Schnabel: ‘The last mile of disinflation may be the most difficult one’ - The ECB board member on combating price rises, the effect of climate change on costs and the importance of money supply - Financial Times; see the full interview by Isabel Schnabel

FUTURE OF EUROPE

  • Possible items for College agenda from 14 February to 23 April 2024

EXTERNAL RELATIONS

  • Commission signs €400 million agreement with Türkiye to support its recovery after the 2023 earthquakes - IP/24/664 & Joint statement by HR/VP Borrell, Commissioner Lenarčič and Várhelyi
  • Germany on board with EU sanctions against Israeli settlers, but EU disunity remains - EU struggles to play role in Israel-Gaza war because of internal frictions - Politico.eu

RUSSIAN INVASION OF UKRAINE

  • Judgment of the Court of 7 February 2024 in Case T-289/22; Igor Shuvalov Vs. Council of the European Union
    Re: CFSP- Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds - List of persons, entities and bodies to which the freezing of funds and economic resources applies - Inclusion and maintenance of the applicant's name on the list - Status of natural person supporting actions or policies undermining or threatening the territorial integrity, sovereignty and independence of Ukraine) soveeignty and independence of Ukraine - Article 2(1)(a) of Decision 2014/145/CFSP - Obligation to state reasons - Error of assessment - Freedom of expression - Equal treatment - Proportionality - Right to property - Right to effective judicial protection - Misuse of powers
  • Judgment of the Court of 7 February 2024 in Case T-237/22: Alisher Usmanov Vs. Council of the European Union
    Re: CFSP- Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds - List of persons, entities and bodies to which the freezing of funds and economic resources applies - Restrictions on admission to the territory of the Member States - List of persons, entities and bodies subject to restrictions on admission to the territory of the Member States - Inclusion and maintenance of the applicant's name on the lists - Concept of 'support for actions or policies which jeopardise or threaten the territorial integrity, sovereignty and independence of Ukraine' - Article 2, Article 2(1)(a) of Decision 2014/145/CFSP - Article 3(1)(a) of Regulation (EU) No 269/2014 - Jurisdiction of the General Court - Obligation to state reasons - Error of assessment - Rights of the defence - Right to property and freedom to conduct a business - Freedom of movement
  • Parliament and Council agree on long-term solution for Ukraine’s funding needs
  • Answer given by HR/VP Borrell to a MEP written question - Treaty compliance of bilateral talks between the Prime Minister of Hungary and the President of the Russian Federation in the light of EU sanctions
  • EU capitals fear Russian retaliation and cyberattacks after asset freezes - G7 is drafting a workaround to use frozen assets to rebuild Ukraine - Politico.eu

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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