September 02, 2021

Europe Daily News, 02 September 2021

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EU COVID19 RESPONSES

HEALTH

  • ECDC and EMA highlight considerations for additional and booster doses of COVID-19 vaccines
  • Answer given by Mr Reynders to a MEP written question - Attempts to forge the Digital Green Pass

ECONOMY

  • Commission Recommendation (EU) 2021/1433 of 1 September 2021 on conformity assessment and market surveillance procedures within the context of the COVID-19 threat
  • NextGenerationEU: European Commission disburses €201 million in pre-financing to Denmark - IP/21/4532
  • REACT-EU: Poland, Germany Spain receive more than €685 million to support health and social services, SMEs and employment - Midday Express

COMPETITION

  • Non-opposition to a notified concentration (Case M.10340 - Goldman Sachs/ Adapteo)
  • Non-opposition to a notified concentration (Case M.10402 - Blackstone/GTCR/ Campaign Parent)
  • Non-opposition to a notified concentration (Case M.10296 - EPCG/ECMI/EROSKI S.Coop/Supratuc2020)
  • Withdrawal of notification of a concentration (Case M.10407 - AIP/Alvance Dunkerque Target Business)
  • Prior notification of a concentration (Case M.10386 - BC Partners/Valtech)
  • Commission clears acquisition of joint control over a real estate asset in Hamburg by SEGRO and PSPIB (M.10410) - Midday Express
  • Commission clears acquisition of joint control over CM Biomass Partners by USTC and CM (M.10261) - Midday Express
  • Commission clears acquisition of Eastman Tire Additives Business by One Rock Capital (M.10381) - Midday Express
  • Commission clears acquisition of Polygon Holding by AEA Investors (M.10423) - Midday Express
  • Commission clears acquisition of sole control over ACTA by SHV (M.10403) - Midday Express
  • Opinion of Advocate General Bobek of 2 September 2021 in Case C‑151/20, Bundeswettbewerbsbehörde Vs. Nordzucker AG, Südzucker AG, Agrana Zucker GmbH
    Re: Reference for a preliminary ruling - Competition - Conduct investigated by two national competition authorities - Principle ne bis in idem - Simultaneous application of EU and national competition law - Identity of the protected legal interest - Territorial effects of a decision of a national competition authority - Leniency programme

STATE AID

  • EFTA Surveillance Authority - State aid - Decision to raise no objections - See OJC 352 p.6,7 & 8
  • Judgment of the Court of 2 September 2021 in Case C‑57/19 P, European Commission supported by: Republic of Poland, Vs. Tempus Energy Ltd, e Tempus Energy Technology Ltd, United Kingdom of Great Britain and Northern Ireland
    Re: Appeal - State aid - Aid scheme - Article 108(2) and (3) TFEU - Regulation (EC) No 659/1999 - Article 4(3) and (4) - Concept of ‘doubts as to the compatibility of a notified measure with the common market’ - Decision not to raise objections - Formal investigation procedure not initiated - Guidelines on State aid for environmental protection and energy 2014-2020 - Code of Best Practice for the conduct of State aid control procedures - ‘Pre-notification’ contacts – Procedural rights of interested parties - Electricity capacity market in the United Kingdom
  • The Commission must re-examine whether the sale of the Nürburgring in 2014 entailed a grant of State aid
    (See CPR No 149/2021 - Judgments of the Court of Justice in Cases C-647/19 P, C-665/19 P - Ja zum Nürburgring Vs. Commission)
  • Commission authorises two-year extension of concession contract between bpost and Belgian State for press distribution (SA.56448) - Midday Express

TRADE & CUSTOMS

  • Agenda - Round table with Small and Medium-sized Enterprises (SMEs) to celebrate CETA’s fourth anniversary - 21 September 2021
  • Minutes of the 105 th meeting of the Customs Code Committee - General Customs Legislation section (CCC-GEN) of 09 July 2021
  • Opinion of Advocate General Pitruzzella of 2 September 2021 in Case C‑226/20 P, Eurofer, European Steel Association, AISBL Vs. European Commission
    Re: Appeal - Dumping - Implementing Regulation (EU) 2017/1795 - Imports of hot-rolled flat products of iron, non-alloy or other alloy steel - Termination of the proceedings against imports originating in Serbia - Regulation (EU) 2016/1036 - Articles 3(4)(a) and 9(2) and (3) - Determination of injury - Cumulative assessment of the effects of imports from more than one country - Whether the volume of imports from a given country is ‘negligible’ - Termination of the proceedings - Article 20(2) - Infringement of the rights of the defence
  • Proposal for a Council Regulation temporarily suspending autonomous Common Customs Tariff duties on imports of certain industrial products into the Canary Islands - See the Annex
  • Information on the adoption of the Decision of the EU-PLO Joint Committee on the amendment of Protocol 3 of the EU-PLO Interim Association Agreement, concerning the definition of the concept of "originating products" and methods of administrative cooperation (UE-OLP 1851/21)
  • Commission Delegated Regulation (EU) …/... of 31.8.2021 amending Delegated Regulation (EU) 2020/760 as regards the management and quantities of certain tariff quotas for Argentina and correcting that Regulation as regards its transitional provisions
  • Commission Implementing Regulation (EU) 2021/1432 of 1 September 2021 imposing a definitive anti-dumping duty on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the P.R. of China following an expiry review pursuant to Article 11(2) of the Regulation (EU) 2016/1036 of the European Parliament and of the Council
  • Hearings - US trade policy - 27-09-2021 - EP Committee on International Trade - See the Programme

INTERNAL MARKET & INDUSTRY

  • Commission Delegated Regulation (EU) 2021/1430 of 31 May 2021 supplementing Regulation (EU) 2018/956 of the European Parliament and of the Council by specifying the data to be reported by the Member States for the purposes of verifying the CO2 emissions and fuel consumption of new heavy-duty vehicles
  • Answer given by Mr Breton to a MEP written question - Motor industry: semiconductors in short supply

FINANCIAL SERVICES

  • Hungarian legislation which prohibits the annulment of a loan agreement denominated in a foreign currency on the ground that it contains an unfair term relating to the exchange difference appears to be compatible with EU law (See CPR No 144/2021 - Judgment of the Court of Justice in Case C-932/19 - OTP Jelzálogbank and Others)
  • ESMA - Practical Guide on notifications of major holdings under the Transparency Directive
  • ESMA - 2021 Calendar of CCP Supervisory Committee Chair, Klaus Löber

TAXATION

  • The rules for calculating the registration tax on second-hand vehicles imported into Portugal infringe the principle of the free movement of goods
    (See CPR No 146/2021 - Judgment of the Court of Justice in Case C-169/20 - Commission Vs. Portugal (Taxe sur les véhicules))

EMPLOYMENT & SOCIAL POLICY

  • Appeal by EPSU: the Commission is not bound to give effect to the social partners’ request seeking implementation, at EU level, of the agreement that they have concluded
    (See CPR No 151/2021 - Judgment of the Court of Justice in Case C-928/19 P - EPSU Vs. Commission)
  • Third-country nationals who hold a single work permit obtained pursuant to the Italian legislation transposing an EU directive are entitled to a childbirth allowance and a maternity allowance as provided for by the Italian legislation (See CPR No 148/2021 - Judgment of the Court of Justice in Case C-350/20 - INPS () and de maternité pour les titulaires de permis unique))

ENVIRONMENT & CLIMATE CHANGE

  • Agenda for: Working Party on the Environment of 06, 09 & 10 September 2021
  • Agenda for: Working Party on International Environment Issues (UNECE Aarhus & UNECE PRTR) of 08 September 2021
  • Answer given by EVP Timmermans to a MEP written question - Use of sulfuryl fluoride in the EU

HEALTH, FOOD & PRODUCT SAFETY

  • Agenda for: Working Party on Counsellors/Attachés (EFSA/Foodstuffs) of 10 September 2021
  • SCCS - Minutes of the Meeting of the Working Group on Cosmetic Ingredients in Cosmetic Products of 15-16 July 2021
  • EFSA - Scientific Opinion - Safety of pasteurised Akkermansia muciniphila as a novel food pursuant to Regulation (EU) 2015/2283
  • EFSA - External Scientific Report - 2021 EFSA/IZSAM Animal Health Crisis Preparedness Exercise with Mediterranean Countries
  • EFSA - Scientific Colloquium 25 - A coordinated approach to assess the human health risks of micro‐ and nanoplastics in food
  • EFSA - Conclusion on Pesticides - Updated peer review of the pesticide risk assessment of the active substance bifenazate
  • EFSA - Reasoned Opinion - Modification of the existing maximum residue levels for cyflufenamid in blackberries and raspberries
  • EFSA - Reasoned Opinion - Modification of the existing maximum residue levels for emamectin in various crops
  • EFSA - External Scientific Report - ENETWILD training: second online course on the use of camera trapping for monitoring wildlife and density estimation
  • EFSA - Outcome of the consultation with Member States and EFSA on the basic substance application for approval of black soap E470a to be used in plant protection as an insecticide on arable crops, ornamental flower beds, house plants, plant trees, ornamental woody plants, ornamental crops, vegetables crops, berry fruit crops, pome fruit crops, stone fruit and olive tree crops; and as a fungicide on vegetables and ornamental plant crops
  • EFSA - Reasoned Opinion - Review of the existing maximum residue levels for cyflumetofen according to Article 12 of Regulation (EC) No 396/2005
  • EFSA - Reasoned Opinion - Setting of import tolerances for azoxystrobin in mangoes and oil palm fruits

TRANSPORT & MOBILITY

  • Agenda for: Working Party on Transport - Intermodal Questions & Networks of 07 September 2021
  • The Court of Justice clarifies a number of provisions of the regulation concerning passengers’ rights when travelling by sea and inland waterway
    (See CPR No 150/2021 - Judgment of the Court of Justice in Case C-570/19 - Irish Ferries)
  • EU Maritime transport: first environmental impact report acknowledges good progress towards sustainability and confirms that more effort is needed to prepare for rising demand

JUSTICE & HOME AFFAIRS

  • Advocate General Bobek proposes a unified test for the protection against double jeopardy (ne bis in idem) under the EU Charter of Fundamental Rights
    (See CPR No 153/2021 - Opinion of the Advocate General in Cases C-117/20, C-151/20 - bpost)
  • According to the Court of Justice, a third-country national who has been the victim of acts of domestic violence committed by his or her spouse, who is a Union citizen, is not in a comparable situation to a third-country national who has been the victim of acts of domestic violence committed by his or her spouse, who is also a third-country national
    (See CPR No 147/2021 - Judgment of the Court of Justice in Case C-930/19 - Belgian State (Droit de séjour en cas de violence domestique))

DATA PRIVACY & CYBERSECURITY

  • Agenda for: Horizontal Working Party on cyber issues of 08 September 2021
  • EDPB requests that Irish SA amends WhatsApp decision with clarifications on transparency and on the calculation of the amount of the fine due to multiple infringements - see Binding decision 1/2021

DIGITAL SINGLE MARKET & INFORMATION SOCIETY

  • ‘Zero tariff’ options are contrary to the regulation on open internet access (See CPR No 145/2021 - Judgments of the Court of Justice in Cases C-854/19, C-5/20C-34/20 - Vodafone)
  • Answer given by Mr Breton to a MEP written question - Delay in transposing Directives 2019/789 and 2019/790 into national legislation

ECB, EURO & ECONOMY

EXTERNAL RELATIONS

  • The Court of Justice annuls the decisions of the Council on the application of the Partnership Agreement with Armenia
    (See CPR No 152/2021 - Judgment of the Court of Justice in Case C-180/20, Commission Vs. Council (Accord avec l’Arménie))
  • Agenda for: Meeting of the Conventional Arms Exports subgroup (COARM) of the Working Party on Non-Proliferation and Arms Exports of 15 September 2021
  • Answer given by HR/VP Borrell to a MEP written question - Deterioration in EU-Russia relations
  • Study: Covid generational divide 'to reshape EU politics' - (see the ECFR Study) - euObserver

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