Europe Daily News, 12 November 2021

EU CORONAVIRUS RESPONSES

HEALTH

• EMA has given a positive opinion on two COVID-19 treatments - Ronapreve and Regkirona - identified by the Commission as promising therapeutics under the EU Strategy on COVID-19 Therapeutics - IP/21/5901
• ECDC - Data on the daily number of new reported COVID-19 cases and deaths by EU/EEA country
• ECDC - Data on COVID-19 vaccination in the EU/EEA

STATE AID

• Commission approves €208 million German federal ‘umbrella' scheme to compensate companies active in trade fairs and congress sector for damage suffered due to the coronavirus outbreak (SA.64494) - Midday Express
• Commission approves €800,000 Maltese scheme to support fishers affected by coronavirus outbreak (SA.100440) - Midday Express

ECONOMY

• NextGenerationEU: Commission receives payment request from Spain for €10 billion under the Recovery and Resilience Facility - Midday Express

COMPETITION

• Non-opposition to a notified concentration (Case M.10389 - PAI Partners / Pasubio)
• Non-opposition to a notified concentration (Case M.10395 - BNP Paribas / CDC / Immobilière De La Laine)
• Prior notification of a concentration (Case M.10455 - CVC / Panzani)
• Prior notification of a concentration (Case M.10505 - CKA / CKI / UKPN)
• Summary of Commission Decision of 8 July 2021 relating to a proceeding under Article 101 of the TFEU and Article 53 of the EEA Agreement (Case AT.40178 - Car Emissions)
  - Opinion of the Advisory Committee on restrictive agreements and dominant positions
  - Final Report of the Hearing Officer
• Commission approves acquisition of joint control of SCI OPG Avenue de France by Electricité de France and Generali Europe Income Holding (M.10437) - Midday Express
• Commission approves acquisition of joint control of Open Fiber by CDP and Macquarie (M.10450) - Midday Express
• Commission clears acquisition of Nippo by Eneos and Goldman Sachs (M.10466) - Midday Express
• UK - CMA has probed P&O Ferries, DFDS for competition issues over route-capacity sharing
• UK - CMA has cleared the anticipated acquisition by Central England Co-operative Limited of part of the funerals business of The Midcounties Co-operative Limited.

STATE AID

• Judgment of the Court of 11 November 2021 in Case C-933/19 P, Autostrada Wielkopolska S.A. Vs. European Commission
  Re: Appeal - State aid - Toll-motorway concession - Law providing for an exemption from tolls for certain vehicles - Compensation granted to the concession holder by the Member State for loss of revenue - Shadow toll - Compensation found by the European Commission to be excessive and to include State aid - Commission decision declaring that aid incompatible with the internal market and ordering its recovery- Procedural rights of the aid beneficiary - Commission’s obligation to exercise particular vigilance - Concept of ‘State aid’ - Advantage - Improvement of the concession holder’s expected financial situation - Criterion of the private operator in a market economy – Distortion of the evidence – Breach of the obligation to state reasons - Misreading of the decision at issue - Substitution of grounds - Reversal of the burden of proof - Breach of the principle of primacy of EU law - Judicial review to be conducted by the General Court - Requirements and limits
  
• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections
• EFTA Surveillance Authority - No state aid within the meaning of Article 61(1) of the EEA Agreement
• EFTA Surveillance Authority State aid – Decision to raise no objections p.6,7 & 8
  

TRADE & CUSTOMS

• Main results of the Foreign Affairs Council (Trade) of 11 November 2021, see Remarks by EVP Dombrovskis
• Opinion of Advocate General Pitruzella of 11 November 2021 in Case C 79/20 P, Yieh United Steel Corp. Vs. European Commission
  Re: Appeal - Dumping - Implementing Regulation (EU) 2015/1429 - Article 2(2) of Regulation No 1225/2009 (now Article 2(2) of Regulation 2016/1036) - Calculation of normal value - Sales of the like product intended for domestic consumption in the exporting country - Exclusion from the calculation of normal value of sales of the domestic market destined for export
• Draft - Commission Implementing Regulation (EU) …/... imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mono ethylene glycol originating in the United States of America and the Kingdom of Saudi Arabia
• EU exports support 38 million jobs in the EU according to a report on jobs and trade - IP/21/5904
• Brazil initiates WTO dispute complaint against EU measures on poultry imports
  

INTERNAL MARKET & INDUSTRY

• Agenda for: Council of the European Union (Competitiveness (Internal Market, Industry, Research and Space)) of 25 and 26 November 2021
• Commission Delegated Regulation (EU) 2021/1962 of 12 August 2021 correcting Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures
• A Member State cannot make, in principle, the full and automatic exclusion of pension rights from a bankruptcy estate dependent on the pension scheme in which those rights are held obtaining prior tax approval in that country where that scheme has already been tax approved in the home Member State of the migrant EU citizen concerned (See CPR No. 200/2021 - Judgment of the Court of Justice in Case C-168/20, MH and ILA)
• Armenia joins Horizon Europe, the EU research and innovation programme

FINANCIAL SERVICES

• Agenda for: Council Security Committee (Information Assurance) of 24 November 2021
• Commissioner McGuinness announces proposed way forward for central clearing
• EBA publishes guidance on how to grant authorisation as credit institution
• EBA consults on machine learning for internal ratings-based models

TAXATION

• Judgment of the Court of 11 November 2021 in Case C‑398/20, ELVOSPOL, s. r. o. Vs. Odvolací finanční ředitelství
  Re: Reference for a preliminary ruling - VAT - Directive 2006/112/EC - Article 90 - Reduction of the taxable amount for VAT purposes - Total or partial non-payment of the price on account of the debtor’s insolvency - Conditions imposed by national legislation for the adjustment of output VAT - Condition that the claim not paid in whole or in part must not have arisen during the six-month period preceding the declaration of insolvency of the debtor company - Non-compliance
• Judgment of the Court of 11 November 2021 in Case C‑281/20, Ferimet SL Vs. Administracíon General del Estado
  Re: Reference for a preliminary ruling - Taxation - VAT - Directive 2006/112/EC - Article 168 - Right of deduction - Article 199 - Reverse charge procedure - Principle of fiscal neutrality - Material conditions governing the right to deduct - Supplier’s status as taxable person - Burden of proof - Fraud - Abusive practice - Invoice referring to a fictitious supplier
• Agenda for: Fiscal Counsellors / Attachés from the Permanent Representations of 17 November 2021
• Agenda for: Meeting of Working Group 'Structures of Taxation Systems' of 01 December 2021

AGRICULTURE & FISHERIES

• Agenda for: Council of the European Union (Agriculture &Fisheries) of 15 November 2021
  - EU Pollinator Week - Information from the Presidency
  - Market situation - Exchange of Views
• Commission adopts contingency plan for food supply and food security in times of crisis - IP/21/5903, FactSheet & Communication

EMPLOYMENT & SOCIAL POLICY

• Employment of people with disabilities: according to Advocate General Rantos, an employer is obliged, as a matter of reasonable accommodation, to reassign a worker who has become unfit for his or her job to another job where he or she has the necessary skill, ability and availability, and where such a measure does not impose a disproportionate burden on the employer (See CPR No.  202/2021 - Opinion of the Advocate General in the Case C-485/20, HR Rail )
• The Court defines the scope of the concept of ‘working time’ for a period of stand-by time according to a stand-by system (See CPR No. 201/2021 - Judgment of the Court of Justice in Case C-214/20 - Dublin City Council) 

ENVIRONMENT & CLIMATE CHANGE

• Judgment of the Court of 11 November 2021 in Case C-938/19, Energieversorgungscenter Dresden-Wilschdorf GmbH & Co. KG v Bundesrepublik Deutschland
  Re: Reference for a preliminary ruling - Environment - Directive 2003/87/EC - Greenhouse gas emission allowance trading scheme - Article 2(1) - Scope - Article 3(e) - Concept of ‘installation’ - Effect on emissions and pollution - Ancillary units not generating as such greenhouse gas emissions - Article 10a - Transitional rules for free allocation of allowances - Data Collection Template - Corrected eligibility ratio - Method of calculation - Decision 2011/278/EU - Third subparagraph of Article 6(1) - Export of cooling to an entity that belongs to a sector exposed to a significant risk of carbon leakage
  
• Commission Implementing Decision (EU) 2021/1967 of 11 November 2021 setting up a mandatory data repository and a mandatory digital information exchange mechanism in accordance with Directive 2002/49/EC of the European Parliament and of the Council
• Agenda for: Meeting of Ecodesign and Energy Labelling Consultation Forum on Building Automation and Control Systems (BACS) of 15 November 2021
• Agenda for: Working Party on International Environment Issues (UNECE and other regional issues) of 18 November 2021
• Agenda for: Meeting of the Committee on Directive 2008/98/EC on waste of 16 November 2021
• Nature: Commission decides to refer Malta to the Court of Justice of the European Union over finch trapping (Birds Directive (Directive 2009/147/EC)) - IP/21/5666
• Nature: Commission refers Bulgaria to the Court of Justice of the European Union for failing to protect and manage its Natura 2000 sites - IP/21/5351
• Landfills: Commission refers Romania to the Court of Justice of the European Union over its failure to comply with the Court judgment - IP/21/5354
• Air quality: Commission refers Portugal to the Court of Justice of the European Union for high levels of nitrogen dioxide - IP/21/5353
• Drinking water: Commission refers Ireland to the Court of Justice of the European Union over unsafe drinking water - IP/21/5356
• Circular economy: Commission takes action against five Member States to improve waste management - IP/21/5649
• EU at COP26: EVP Timmermans to brief press on negotiations in Glasgow - Midday Express

HEALTH, FOOD & PRODUCT SAFETY

• Novel foods: Commission authorises a second insect as food ingredient for the EU market - QaA - Midday Express
• Minutes of the 17th plenary meeting of the SCCS of 26-27 October 2021
• SCCS - Final Opinion on Methyl salicylate (methyl 2-hydroxybenzoate)
• Preliminary Opinion open for comments on Kojic acid - deadline for comments: 14January 2022
• SCCS Notes of Guidance for the testing of cosmetic ingredients and their safety evaluation (11th revision) were published in the Scientific Journal "Regulatory Toxicology and Pharmacology"
• EFSA: Reasoned Opinion - Modification of the existing MRLs for fosetyl/phosphonic acid in citrus fruits resulting from the use of potassium phosphonates
• EFSA: Reasoned Opinion - Review of the existing MRLs for spirodiclofen according to Article 12 of Regulation (EC) No 396/2005
• EFSA: Reasoned Opinion - Setting of import tolerances for fludioxonil in sugar beet roots and bananas
• EFSA: Scientific Opinion - In vivo and in vitro random mutagenesis techniques in plants
• EFSA: Scientific Opinion - Pest categorisation of Colletotrichum plurivorum

DIGITAL & INFORMATION SOCIETY

• Digital Economy and Society Index 2021: overall progress in digital transition but need for new EU-wide efforts - IP/21/5481 & QaA
• Commissioner Gabriel in Denmark to discuss innovation and start-ups as key drivers for the green and digital transition  - Midday Express

DATAT PRIVACY & CYBERSECURITY

• Agenda for: 15th meeting of the Committee established under Article 93 of the GDPR of 22 November 2021

AREA OF FREEDOM, SECURITY & JUSTICE

• Migration: Commission refers Hungary to the Court of Justice of the European Union over its failure to comply with Court judgment - IP/21/5801
• Climate migration: Joint Research Centre report highlights importance of focusing on local adaptation solutions - Midday Express
• Overview of EU financing for border infrastructure, border management and visas: €12.8 billion allocated in 2021-2027 - Midday Express
• Vice-President Schinas in the United Arab Emirates to address the situation at the Poland-Belarus border

ECB, EURO & ECONOMY

• Autumn 2021 Economic Forecast: From recovery to expansion, amid headwinds - IP/21/5883, Remarks by Commissioner Gentiloni
• ECB - Euro area securities issues statistics: September 2021
• ECB appoints Doris Schneeberger as Director Banknotes

EXTERNAL RELATIONS

• Judgment of the Court of 11 November 2021 in Case C-340/20, Bank Sepah Vs. Overseas Financial Limited and Oaktree Finance Limited
  Re: Reference for a preliminary ruling - CFSP - Restrictive measures against the Islamic Republic of Iran - Regulation (EC) No 423/2007 - Freezing of funds of persons, entities or bodies recognised by the Council of the EU as being engaged in nuclear proliferation - Concepts of ‘freezing of funds’ and ‘freezing of economic resources’ - Possibility of applying a protective measure in respect of frozen funds and economic resources - Claim pre-dating the freezing of assets and unrelated to Iran’s nuclear and ballistic programme
  
• Unauthorised drilling activities in the Eastern Mediterranean: Council prolongs the sanctions regime by one year - see Regulation (EU) 2021/1960 & Decision (CFSP) 2021/1966
• Council Implementing Regulation (EU) 2021/1959 of 11 November 2021 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela
• Council Decision (CFSP) 2021/1965 of 11 November 2021 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela
• Declaration by the High Representative on behalf of the EU on the alignment of certain countries concerning restrictive measures in view of the situation in Nicaragua
• Belarus: Declaration by the High Representative on behalf of the European Union on the situation at the European Union border
• Speech by President Charles Michel following his meeting with Polish Prime Minister Mateusz Morawiecki in Warsaw
• Statement by President von der Leyen following her meeting with President of the United States Joe Biden
• President von der Leyen stresses accomplishments of the strong EU-US partnership upon receiving Atlantic Council's Distinguished Leadership Award - Speech by President von der Leyen
• Speech by President von der Leyen at the Paris Peace Forum