Europe Daily News, 15 September 2022

COMPETITION

• Non-opposition to a notified concentration (Case M.10651 - Faerch  / Paccord )
• Commission clears acquisition of TMF Groupe by CVC and Platinum Ivy (M.10851) - Midday Express
• Germany - Bundeskartellamt - LNG terminals - no competition concerns about planned cooperation between Uniper, RWE and EnBW/VNG
• Italy - AGCM: 50000 euro fine to Italgroup for misleading and aggressive commercial practice
• Portugal - AdC sanctions three supermarket chains and alcoholic beverage supplier for price fixing

STATE AID

• Corporate income tax in Gibraltar: the national authorities responsible for the recovery of aid classified as unlawful may apply a domestic provision in order to prevent double taxation (See CPR No.148/2022 - Judgment of the Court of Justice in Case C-705/20, Fossil (Gibraltar))
• Commission approves €90 million French scheme for maritime passenger transport companies (SA.101240) - Midday Express

TRADE & CUSTOMS

• Agenda for: Trade Policy Committee (Services & Investment) - 21 September 2022
• Agenda for: Joint meeting of the CUP SGs Facilitation and Customs controls - 30 September 2022
• Agenda for: Customs Programme - CLEN Proficiency Test on Mineral Oils - 24 October 2022
• Proposal for a Council Decision establishing the position to be adopted on the Union's behalf with regard to the decision of the Participants to the Arrangement on Officially Supported Export Credits to expand the scope of the Sector Understanding on Export Credits for Renewable Energy, Climate Change Mitigation and Adaptation and Water Projects
• Proposal for a Council Decision establishing the position to be adopted on the Union's behalf by the Participants to the Arrangement on Officially Supported Export Credits (“Arrangement”) with regard to the modernisation of the Arrangement
• Commission moves to ban products made with forced labour on the EU market - IP/22/5415, QaA, FactSheet & Proposal for a Regulation
• Cutting Germany’s risky trade dependence on China - Moves to diversify and rebalance Berlin’s export-industrial complex are welcome - Financial Times

INTERNAL MARKET & INDUSTRY

• Agenda for: Council of the EU (Competitiveness (Internal Market, Industry, Research and Space)) - 29 September 2022
• Agenda for: Working Party on Competitiveness & Growth (Internal Market) - 20 September 2022
• Regulation on the Single Market Emergency Instrument - Policy debate
• Draft Opinion on the Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
• Tourism in times of pandemic : according to Advocate General Medina, if tourist operators are not able to honour the terms of a package travel contract, the pandemic does not exempt them from the obligation to reduce the price and, if it is cancelled, to provide a cash refund unless exceptional difficulties are proven to exist (See CPR Nº 150/2022 - Opinion of the Advocate General in Cases C-396/21 FTI Touristik (Voyage à forfait aux Îles Canaries) and C-407/21, UFC - Que choisir et CLCV)

FINANCIAL SERVICES

• Facing the energy crisis in the EU: work streams related to the financial system
• Anti-money-laundering authority (AMLA): Countering money laundering and the financing of terrorism - see the EP Briefing
• EBA has been awarded top European standard for its environmental performance
• NGOs walk out of expert Taxonomy group over lack of independence

TAXATION

• According to Advocate General Rantos, the provision of the regulation implementing the VAT Directive providing that an online intermediary platform is, in principle, liable to pay VAT is valid (See CPR Nº 151/2022 - Opinion of the Advocate General in the Case C-695/20, Fenix International)
• Judgment of the Court of 15 September 2022 in Case C-227/21: UAB 'HA.EN.' Vs. Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
  Re: Reference for a preliminary ruling - VAT - Directive 2006/112/EC - Right to deduct input VAT - Sale of immovable property between taxable persons - Seller subject to insolvency proceedings - National practice of denying the right to deduct to the buyer on the ground that he was or should have been aware of the seller's difficulties in paying the output VAT due - Fraud and abuse of rights - Conditions

EMPLOYMENT SOCIAL POLICY

• Parliament adopts new rules on adequate minimum wages for all workers in the EU
• Minimum wage directive boost to struggling workers - see ETUC Statement
• Revision of Directive 2009/148/EC on the protection of workers from risks related to the exposure of asbestos at work - see the EP Briefing

AGRICULTURE & FISHERIES

• Fisheries: end of bottom trawling in protected deep sea ecosystems in EU waters - Midday Express

ENERGY

• Energy prices: Commission proposes emergency market intervention to reduce bills for Europeans - IP/22/5489, QaA, Factsheet & Remarks by EVP Timmermans and Commissioner Simson
  - Proposal for a Council Regulation on an emergency intervention to address high energy prices
• Draft Report & Draft Opinion on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2021/241 as regards REPowerEU chapters in recovery and resilience plans and amending Regulation (EU) 2021/1060 , Regulation (EU) 2021/2115, Directive 2003/87/EC and Decision (EU) 2015/1814
• Parliament backs boost for renewables use and energy savings
• Russia’s war on Ukraine fuels energy crisis [What Think Tanks are thinking] - see the EP Briefing

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: Working Party on International Environment Issues (Int. Chemicals / Synergies) - 21 September 2022
• Tackling industrial emissions from large agro-industrial activities - see the EP Briefing
• EU lawmakers fail to prioritise food over fuels in midst of global hunger crisis
• EU delays cut in pesticide use over food output fears - Council drags feet on ‘toxic topic’ as rules could reduce production and raise prices - Financial Times

HEALTH, FOOD & PRODUCT SAFETY

• Circular economy: new EU rules to allow use of recycled plastics in food packaging - see the Proposal for a Regulation - Midday Express
• Commission Regulation (EU) / amending Regulation (EC) No 1223/2009 of the European Parliament and of the Council as regards the use in cosmetic products of certain substances
• Answer given by Ms Dalli to a MEP written question - Availability of feminine hygiene products in public bathrooms
• EFSA -Extensive literature search on organic arsenic in food

DIGITAL SINGLE MARKET

• Working Documents - 24th meeting of the eCommerce expert group - 12 July 2022

DATA PRIVACY & CYBERSECURITY

• Agenda for: Horizontal Working Party on Cyber issues - 16 September 2022

• New EU cybersecurity rules ensure more secure hardware and software products - P/22/5374, QaA, Factsheet & Proposal for a Cyber Resilience Act

• Irish DPC submits Article 60 draft decision on inquiry into TikTok

TRANSPORT & MOBILITY

• Public consultation - Travel - better protection for passengers and their rights - Proposal for a regulation - Feedback period: 14 September 2022 - 07 December 2022

EXTERNAL RELATIONS

• International Democracy Day: Commission launches Youth Participation Cohort to promote democracy worldwide - IP/22/5455 & Joint Statement by the HR/VP Josep Borrell and VP Dubravka Šuica

RUSSIAN INVASION OF UKRAINE

• Russian aggression against Ukraine: EU individual sanctions over territorial integrity prolonged for a further six months - See Regulation (EU) 2022/1529 & Decision (CFSP) 2022/1530, see the Notices 
• EIB Group starts disbursements from €1.59 bn EIB Ukraine Solidarity Urgent Response package - IP/22/5374
• Parliament approves €5 billion loan to Ukraine
• FAST-CARE: MEPs fast-track EU support in response to Russia´s war in Ukraine
• EU entry restrictions in relation to Russia's war on Ukraine - see the EP Briefing
• Question Time: The state of play on the war on Ukraine - see the EP Briefing
• US and EU step up pressure on Turkey over Russia sanctions - Financial Times