Europe Daily News, 21 December 2021

EU CORONAVIRUS RESPONSES

HEALTH

• European Commission authorises fifth safe and effective vaccine (Nuvaxovid (also known as NVX-CoV2373)) against COVID-19 - IP/21/6966
• Rapid assessment of antigenic characterisation capability and capacity for SARS-CoV-2 viruses in EU/EEA laboratories - ECDC Technical report - 20 Dec 2021
• Methods for the detection and characterisation of SARS-CoV-2 variants - first update - Technical report - 20 Dec 2021
• Weekly epidemiological update: Omicron variant of concern (VOC) - Week 50 (data as of 19 December 2021)

STATE AID

• Commission authorises changes to ten French schemes to continue supporting businesses in the context of the pandemic (SA.100959)  - Midday Express
• Commission approves €20 million Greek scheme to support companies active in the art and entertainment sectors affected by the coronavirus pandemic (SA.100904) - Midday Express
• Commission approves amendment to Slovak employment aid scheme to preserve jobs and support the self-employed in the context of the coronavirus pandemic (SA.101016) - Midday Express

DIGITAL

• EU Digital COVID Certificate: Commission adopts binding acceptance period of nine months for vaccination certificates - IP/21/6837
• EU Digital COVID Certificate: Commission adopts equivalence decision for Montenegro, Taiwan, Thailand, Tunisia and Uruguay - Midday Express

EMPLOYMENT

• Proposal for a Council Implementing Decision amending Implementing Decision (EU) 2020/1561 granting temporary support pursuant to Regulation (EU) 2020/672 to Hungary to mitigate unemployment risks in the emergency following the COVID-19 outbreak

ECONOMY

• Commission proposes to grant additional €147 million to Hungary under SURE

COMPETITION

• Prior notification of a concentration (Case M.10488 - Faurecia / Hella)
• Non-opposition to a notified concentration (Case M.10557 - CPP Investments / Votorantim / Votener)
• Commission clears acquisition of Jaja by Bellis and KKR (M.10556) - Midday Express
• Commission clears acquisition of Tannico by Moët Hennessy and Campari (M.10436) - Midday Express
• Lactalis-Leerdammer deal: EU publishes clearance decision - see Case M.10260
• Germany - The Bundeskartellamt published the report on its sector enquiry into the collection of household waste
• Spain - The CNMC is investigating potential anti-competitive practices in Spain's waste treatment and recycling market
• UK - Veolia-Suez referred for phase II probe by UK CMA

STATE AID

• Commission approves €1.4 billion scheme for the development of renewable electricity in non-interconnected islands in Greece (SA.58482) - Midday Express

TRADE & CUSTOMS

• 23rd Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment
• EU - Multilateral Investment Court: Draft clauses and Draft guidelines for participants in investment mediation
• WTO panels to review Russian procurement measures, Dominican duties

INTERNAL MARKET & INDUSTRY

• 10th session (hybrid) of the WIPO Working Group on the Legal Development of the Hague System for the International Registration of Designs (Geneva, 13-15 December 2021) - Final EU/Member Sates statement
• Commission Implementing Decision (EU) 2021/2272 of 20 December 2021 amending Implementing Decision (EU) 2019/1616 as regards harmonised standards for seamless and welded stainless steel tubes, steel forgings for pressure purposes at high temperature and with high proof strength, unfired pressure vessels and vehicle fuelling appliances for natural gas vehicles
• Commission Implementing Decision (EU) 2021/2273 of 20 December 2021 amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for laser products, adjustable speed electrical power drive systems, power electronic converter systems and equipment, luminaires, low-voltage switchgear and control gear, uninterruptible power systems (UPS) and certain other electrical equipment designed for use within certain voltage limits 
• Investment Plan's Advisory Hub supports Hungarian bank to provide advisory services to small and medium-sized businesses for sustainable projects - IP/21/7064

FINANCIAL SERVICES

• The prohibition imposed by EU law on complying with secondary sanctions laid down by the United States against Iran may be relied on in civil proceedings (See CPR No.227/2021 - Judgment of the Court of Justice in Case C-124/20 - Bank Melli, Iran)
• The Court clarifies the extent of protection afforded to consumers under a loan contract repayable in a foreign currency (See CPR No.229/2021 - Judgment of the Court of Justice in Case C-243/20 - Trapeza Peiraios)
• Judgment of the Court of 21 December 2021 in Case C‑934/19 P, Algebris (UK) Ltd, Anchorage Capital Group LLC Vs. Single Resolution Board (SRB)
  Re: Appeal - Economic and monetary union - Banking union - Recovery and resolution of credit institutions and investment firms - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Board (SRB) - Resolution procedure applicable where an entity is failing or is likely to fail - Adoption of a resolution scheme in respect of Banco Popular Español SA - Sale of business tool – Write-down and conversion of capital instruments - Regulation (EU) No 806/2014 - Article 20 - Concept of ‘definitive valuation’ - Consequences - Refusal or failure to proceed with an ex post definitive valuation - Remedies - Action for annulment
• Distributed ledger technology: Member States endorse agreement reached with European Parliament 

ENVIRONMENT & CLIMATE CHANGE

• Judgment of the Court of 21 December 2021 in Case C-524/20, Vítkovice Steel a.s. Vs. Ministerstvo životního prostředí
  Re: Reference for a preliminary ruling - Greenhouse gas emission allowance trading scheme - Directive 2003/87/EC - Article 11(3) - Decision 2011/278/EU - Article 3(b) and Article 10(2), (a) - Sub-installation with product benchmark - Decision 2013/448/EU - Validity - Installation using an oxygen furnace - Liquid iron - Input from a third installation - Refusal to allocate emission allowances - Admissibility - Failure of the applicant in the main proceedings to bring an action for annulment
• Agenda for: Council of the European Union (Environment) of 20 December 2020 - See the List of adopted "A Items"
• Minutes of the 86th Meeting of the Nitrates Committee of 15 December 2021
• Council Decision (EU) 2021/2271 of 11 October 2021 on the position to be taken on behalf of the European Union at the seventh session of the Meeting of the Parties to the Aarhus Convention regarding compliance cases ACCC/C/2008/32, ACCC/C/2015/128, ACCC/C/2013/96, ACCC/C/2014/121 and ACCC/C/2010/54
• Biodiversity: Commission prepares guidance for free-flowing rivers - Midday Express

HEALTH, FOOD & PRODUCT SAFETY

• Digitalisation in food chain and veterinary controls - Report on proceedings in the Working Party for Animals and Veterinary Questions (Chief Veterinary Officers)

DIGITAL & INFORMATION SOCIETY

• Dissemination of allegedly disparaging remarks on the internet: compensation for the resulting damage in a Member State may be sought before the courts of that Member State (See CPR No.231/2021 - Judgment of the Court of Justice in Case C-251/20 - Gtflix Tv)
• European Media Freedom Act: Commission starts consultations with call for evidence - Feedback period: 21 December 2021 - 18 January 2022
• Commission launches public consultation on improving digital company law - Feedback period: 21 December 2021 - 18 January 2022

TRANSPORT & MOBILITY

• A flight must be regarded as having been ‘cancelled’ in the case where the operating air carrier brings it forward by more than one hour (See CPR No.226/2021 - Judgment of the Court of Justice in Joined Cases C-146/20, Azurair and Others C-188/20, C-196/20, C-270/20, C-263/20 Airhelp, C-395/20 Corendon Airlines)

AREA OF FREEDOM, SECURITY & JUSTICE

• EU law does not preclude the highest court in the judicial order of a Member State from being unable to set aside a judgment delivered in breach of EU law by that Member State’s highest administrative court (See CPR No.228/2021 - Judgment of the Court of Justice in Case C-497/20 - Randstad Italia)
• Union law precludes the application of a case law of the Constitutional Court insofar as it the Constitutional Court insofar as this, combined with national provisions, creates a systemic risk of impunity (See CPR No.230/2021- Euro Box Promotion and Others, C-379/19, DNA - Serviciul Teritorial Oradea, C-547/19, Asociaţia « Forumul Judecătorilor din România », C-811/19 FQ e.a., C-840/19 NC - Judgment of the Court of Justice in Joined Cases C-357/19)
• EU Court of Justice: nine judges of the General Court appointed
• Eurojust and UK Home Office sign Working Arrangement

FUTURE OF EUROPE

• Council Decision amending the Council's Rules of Procedure - Update of the population figures of the Union and of the Member States for the purposes of qualified majority voting in the Council
  

EXTERNAL RELATIONS

• The Philippines: European Union provides €1.7 million to support those affected by typhoon Rai - IP/21/7063
• EU continues supporting education of refugees and addressing migration in Turkey with additional €560 million - IP/21/6931
• Global Europe: the European Union sets out priority areas for cooperation with partner countries and regions around the world - IP/21/7021
• A new EU policy to support Disarmament, Demobilisation and Reintegration of former combatants - IP/21/6922, QaA, FactSheet & Joint Communication
• Afghanistan: Speech by EU Special Envoy at the extraordinary session of the Organisation of Islamic Cooperation on the humanitarian situation
• Hong Kong: Statement by HR/VP Josep Borrell on the Legislative Council Election held on 19 December 2021
• Chile: Statement by the Spokesperson on the second round of presidential elections