Europe Daily News, 18 May 2022

COMPETITION

• The General Court dismisses the action brought by Canon, which was fined € 28 million by the Commission for failure to comply with merger control rules in its acquisition of Toshiba Medical Systems Corporation (See CPR No.86/2022 - Judgment in Case T-609/19, Canon Vs. Commission
• Judgment of the General Court of 18 May 2022 in Case T-251/19, Wieland-Werke AG, Vs. European Commission
  Re: Competition - Concentrations - Market for rolled products and pre-rolled strip made of copper and copper alloys - Decision declaring the concentration incompatible with the internal market and the EEA Agreement - Commitments - Relevant market - Assessment of the horizontal and vertical effects of the transaction on competition - Manifest error of assessment - Principle of good administration - Rights of the defence
• Non-opposition to a notified concentration (Case M.10682 - Valeo / VSEA)
• Non-opposition to a notified concentration (Case M.10688 - AXA / Atalante)
• Prior notification of a concentration (Case M.10662 - Atlantia / Yunex)
• Prior notification of a concentration (Case M.10624 - ENEL / Intesa / JV)
• Prior notification of a concentration (Case M.10746 - Morgan Stanley / Bawag / Gyle JV)
• Prior notification of a concentration (Case M.10700 - HY24 / Enaga / Enagas Renovable)
• Prior notification of a concentration (Case M.10722 - Chevron / Renewable Energy Group)
• ACC car batteries joint venture: clearance decision published by EU - Case reference is M.10524
• Antitrust: Commission carries out unannounced inspections in the fashion sector - IP/22/3134
• Answer given by EVP Vestager to a MEP written question - Revision of the guidelines on mobile network sharing agreements
• Austria - Cartel Court fines Norer Tischlereigesellschaft m.b.H. as requested by AFCA
• Belgium - The Competition Authority approves the acquisition of Vereno NV by BEE Dealer Holding Belux NV - Press Release No.18-2022
• Belgium - Priority note 2022 of the Belgian Competition Authority - Press Release No.17-2022
• Finland - FCCA approves Lantmännen’s acquisition of Myllyn Paras
• Poland - President of UOKiK examines contracts of diary cooperatives
• Poland - The President of UOKiK will appeal against the judgment of the Court of Competition and Consumer Protection (SOKiK) in the Agora-Eurozet concentration case - SOKiK reversed the decision prohibiting the transaction.
• Portugal - The AdC issued a non-opposition decision to the merger 13/2022 - DST/EPS
• Portugal - The AdC issued a non-opposition decision to the merger 14/2022 - Crest II / Auto Delta
• Portugal - The AdC issued a non-opposition decision to the merger 15/2022 - Newpal/COPAM
• Portugal - The ArcelorMittal notifies the acquisition of sole control over Voestalpine Texas Holding
• Romania - The Competition Council investigates Audatex Services SRL for abuse of dominant position
• UK - Investigation into Google’s ‘Privacy Sandbox’ browser changes - Update on first quarterly reports to the CMA
• UK - The CMA has referred the anticipated acquisition by London Stock Exchange Group PLC of Quantile Group Limited for an in-depth investigation
• UK - The CMA appointed the following panel group members to the Cellnex/CK Hutchison remedy group - Richard Feasey (Chair), Maria da Cunha and Mark Thatcher.

STATE AID

• Commission Decision (EU) 2022/763 of 21 December 2021 on the State aid SA.60165- 2021/C (ex 2021/N) which Portugal is planning to implement for TAP SGPS
• Commission approves €1.2 billion Italian scheme to support agricultural, forestry, fishery and aquaculture sectors in context of Russia's invasion of Ukraine (SA.102896) - IP/22/3113
• The General Court of the European Union confirms that the German aid for the rescue of Condor is compatible with EU law (See CPR No.87/22 - Judgment in Case T-577/20, Ryanair Vs. Commission (Condor - rescue aid))
• Judgment of the General Court of 18 May 2022 in Case T-593/20, Tirrenia di navigazione SpA, Vs. European Commission - See also Case T-601/20
  Re: State aid - Maritime transport - Service of general economic interest - Decision declaring the aid unlawful - Decision declaring the aid partly compatible and partly incompatible with the internal market and ordering its recovery - Rescue aid - Compatibility with the internal market - Six-month period - Extension - Obligation to submit a restructuring or liquidation plan - Guidelines on State aid for rescuing and restructuring firms Guidelines on State aid for rescuing and restructuring firms in difficulty - Tax exemption - Advantage - Selective nature - Effect on trade between Member States - Harm to competition - Excessive duration of the procedure - Legitimate expectations - Legal certainty - Principle of sound administration

TRADE & CUSTOMS

• Judgment of the General Court of 18 May 2022 in Case T‑479/20, Eurobolt BV, Fabory Nederland BV, ASF Fischer BV, Stafa Group BV, Vs. European Commission
  Re: Dumping - Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia - Compliance with a judgment of the Court of Justice - Article 266 TFEU - Re-imposition of a definitive anti-dumping duty - Non-retroactivity - Effective judicial protection - Principle of good administration - Competence of the author of the act
• Judgment of the Court of 18 May 2022 in Case T‑245/19, Uzina Metalurgica Moldoveneasca OAO, Vs. European Commission
  Re: Safeguard measures - Market for steel products - Implementing Regulation (EU) 2019/159 - Action for annulment - Interest in bringing proceedings - Standing to bring proceedings - Admissibility - Equal treatment - Legitimate expectations - Principle of sound administration - Duty of care - Threat of serious injury - Manifest error of assessment - Initiation of a safeguard investigation - Competence of the Commission - Rights of the defence
  
• Agenda for: 233rd meeting of the Customs Code Committee - Tariff and Statistical Nomenclature (Sub-Section: Agriculture/Fisheries) - 1st to 2nd June 2022
• Agenda for: Meeting of the Trade Policy Committee - 20 May 2022
• Agenda for: Working Party on Dual-Use Goods - 23 May 2022
• Minutes of the 232nd meeting of the Tariff and Statistical Nomenclature Section (‘Combined Nomenclature’ sector) of the Customs Code Committee - 5 May 2022
• Remarks by EVP Valdis Dombrovskis at European Parliament Committee on International Trade on Preparations for the 12th WTO Ministerial Conference
• Debrief by EVP Valdis Dombrovskis on the Trade and Technology Council at European Parliament Committee for International Trade
• Global tech industry calls for another ambitious expansion of ITA to address sweeping global challenges - See Digitaleurope Policy Paper

INTERNAL MARKET & INDUSTRY

• Speech by President von der Leyen at the imec Future Summits 2022, "Fast-Forward into the Tech Future"
• 42nd session of the WIPO Standing Committee on Copyright and Related Rights (SCCR), (9-13 May 2022) - Final EU/Member States statements
• U.S. and EU Chemical Industries welcome Ministerial Meeting to advance Transatlantic Cooperation - See Cefic Statement

FINANCIAL SERVICES

• ESMA is publishing a study showing how regulatory reporting data can be used to identify risks in derivatives markets, such as occurred in the case of Archegos
• ICMA response to the European Commission’s Targeted Consultation on the functioning of the Money Market Fund Regulation 
• AFME - ESG Finance Report Q1 2022 - European Sustainable Finance

ENERGY

• Energy Markets: Commission presents short-term emergency measures and options for long-term improvements - IP/22/3140
  - Communication on Short-Term Energy Market Interventions and Long Term Improvements to the Electricity Market Design
  - Memo on Short-Term Energy Market Interventions and Long Term Improvements to the Electricity Market Design
• REPowerEU: A plan to rapidly reduce dependence on Russian fossil fuels and fast forward the green transition - IP/22/3131
  - REPowerEU Communication & Annexes
  - EU Save Energy Communication
• Energy Community Parliamentary Plenum debates energy security amidst Russian invasion of Ukraine
• Janet Yellen targets Russian oil in EU talks with price cap and tariff proposals - Financial Times
• Eni defies Brussels by opening rouble account for Russian gas payments - Financial Times

ENVIRONMENT & CLIMATE CHANGE

• Climate change: MEPs push for accelerated EU action and energy independence  
  - Fit for 55 in 2030: MEPs put forward demands on Emissions Trading System reform 
  - CBAM: MEPs push for higher ambition in new carbon leakage instrument 
  - Fit for 55: MEPs want stricter rules for member states’ greenhouse gas emissions 
  - Fit for 55: New EU carbon sinks goal will increase 2030 reduction target
• Answer given by Mr Sinkevicius to a MEP written question - Safety and sustainability in chemicals legislation and the sustainable products initiative
• Answer given by Mr Sinkevicius to a MEP written question - Treatment of ceramic packaging in Directive 2018/852 on Packaging and Packaging Waste
• False fix: the hidden health impacts of Europe’s fossil gas dependency - Heal Statement & Briefing
• EU Parliament to vote on the future of the Renewable Energy Directive - See T&E Statement
• EU to ensure all new cars and vans are zero emissions from 2035 and to establish mandatory charging infrastructure targets - Carmakers Ford and Volvo Cars join 26 companies in public call to EU legislators ahead of crucial votes - See T&E Statement
• Addressing international impacts of the Dutch circular economy transition - challenges and opportunities for low- and middle-income countries
• LULUCF and Effort Sharing Regulation votes unfavourable to the dynamics of the agriculture and forestry sector - See COPA-COGECA Paper
• The EU cannot be a green island in a dirty world - Europe must help other countries to change their economic systems and reduce emissions - Financial Times

HEALTH, FOOD & PRODUCT SAFETY

• International regulators and WHO: support healthcare professionals to enhance public confidence in COVID-19 vaccines - EMA
• Data on COVID-19 vaccination in the EU/EEA - ECDC 

DATA PRIVACY & CYBERSECURITY

• ACEA - Position paper – Proposal for a Data Act

TRANSPORT & MOBILITY

• Council Decision (EU) 2022/762 of 12 May 2022 on the position to be taken on behalf of the European Union within the Port State Control Committee of the Paris Memorandum of Understanding on Port State control as regards the Russian Federation’s membership of the Paris Memorandum of Understanding
• Answer given by Ms Valean to a MEP written question - Unlocking efficient and competitive drone services in the EU 

EURO, ECB & ECONOMY

• President of the Eurogroup, Paschal Donohoe, travels to the Netherlands and attends G7 Finance Ministers meeting
• Does the war in Ukraine call for a new Next Generation EU? - The European Union should take significant economic measures in response to the war in Ukraine, but a new Next Generation EU is not needed yet - See Bruegel Paper

BREXIT -  EU/UK RELATIONS

• Proposal for a Council Decision on the position to be taken on behalf of the European Union in the Trade Specialised Committee on customs cooperation and rules of origin regarding the consultation laid down in Article 63(3) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part - See the Annex
• Protocol on Ireland/Northern Ireland: Statement by Vice-President Maroš Šefčovič following today's announcement by the UK Foreign Secretary
• Report by the Comptroller and Auditor General - “Regulating after EU Exit”
• Johnson must embrace the Brexit he made - The row over Northern Ireland risks a deeper decline in UK trade in response to threats of violence from a tiny minority - Financial Times

EXTERNAL RELATIONS

• Judgment of the General Court of 18 May 2022 in Case T‑296/20, Amer Foz, Vs. Council of the European Union
  Re: Common foreign and security policy - Restrictive measures adopted against Syria - Freezing of funds - Error of assessment - Proportionality - Right to property - Right to pursue an economic activity - Misuse of powers - Obligation to state reasons - Rights of the defence - Right to a fair trial - Determination of listing criteria
• Partnership Implementation Report on Armenia - Joint Staff Working Document
• GCC: EU unveils Strategic Partnership with the Gulf - IP/22/3165 & QaA

RUSSIAN INVASION OF UKRAINE

• Commission Delegated Regulation (EU) 2022/760 of 8 April 2022 amending Delegated Regulation (EU) 2021/2306 as regards the transitional provisions for certificates of inspection issued in Ukraine
• Press statement by President von der Leyen on the Commission's proposals regarding REPowerEU, defence investment gaps and the relief and reconstruction of Ukraine
• FAQs on central securities depositories concerning sanctions adopted following Russia’s military aggression against Ukraine - 17 May 2022 
• Answer given by HR/VP Borrell to a MEP written question - War in Ukraine: have European troops been deployed to Ukraine?