Europe Daily News, 7 February 2024 | JD Supra


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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