Europe Daily News, 20 October 2022

COMPETITION

• Merger control: Advocate General Kokott clarifies the standards of proof of the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position (See CPR Nº170/2022 - Opinion of the Advocate General in the case C-376/20, Commission Vs. CK Telecoms UK Investments)
• Non-opposition to a notified concentration (Case M.10852 - 3D Systems / Dussur / JV)
• Non-opposition to a notified concentration (Case M.10863 - Hanwha Q Cells / Enercity / Lynqtech)
• Prior notification of a concentration (Case M.10882 - IRCP / CDC / Adtim Group)
• Prior notification of a concentration (Case M.10875 - Axa IM / Swiss Life / Morrison & CO / Lyntia Networks)
• Commission approves KPS acquisition of Real Alloy Europe, subject to conditions (M.10702) - IP/22/6274
• Commission clears creation of a joint venture between Sanlam and Allianz (M.10873) - Midday Express
• Austria - Federal Competition Authority confirms unannounced inspections of several makers and dealers of wood pellets
• UK - CMA published its Final Report in the Facebook, Inc (now Meta Platforms, Inc) / Giphy, Inc merger inquiry

STATE AID

• Commission Decision (EU) 2022/1978 of 25 July 2022 on Aid Scheme SA.54817 (2020/C) (ex 2019/N) which Belgium plans to implement to support the production of video games
• Answer given by EVP Vestager to a MEP written question - NRRP own-consumption limit for financing for solar panels on farms and the risk of curbing renewable energy production

TRADE & CUSTOMS

• Judgment of the Court of 20 October 2022 in Case C-542/21, 'Mikrotīkls' SIA Vs. Valsts ieņēmumu dienests
  Re: Preliminary reference - Customs Union - Common Customs Tariff - Combined Nomenclature - Tariff classification - Heading 8517 - Subheadings 8517 70 11 and 8517 70 19 - Antennae for routing equipment
• Agenda for: Meeting of EP INTA Committee from 24 to 25 October 2022
• Agenda for: The second Trade Specialised Committee on Services, Investment and Digital Trade under the EU-UK Trade and Cooperation Agreement - 20 October 2022
• Communication in accordance with Article 34 (7)(a)(iii) of Regulation (EU) No 952/2013 of the European Parliament and of the Council, on decisions relating to binding information issued by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature
• Decision No 3/2022 of the EU-CTC Joint Committee of 29 September 2022 amending the Convention of 20 May 1987 on a common transit procedure
• Notice concerning the entry into force of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part
• Council Decision (EU) 2022/1977 of 17 October 2022 on the position to be taken on behalf of the European Union within the EU-Ukraine Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the update of Annex XV (Approximation of customs legislation) to that Agreement
• Statement of the Steering Committee of the Parliamentary Conference on the WTO 13 June 2022

INTERNAL MARKET & INDUSTRY

• ECHA - Minutes of the 79th Meeting of the Member State Committee (MSC-79) - 10 to 11 October 2022
• European Chemicals Agency - First ex-post Evaluation of SCIP - Final Report - May 2022
• Answer given by Mr Breton to a MEP written question - Use of mineral fertilisers from Epirus
• EEB criticises postponement of REACH review to end of 2023 - See EEB statement
• Europe’s promised semiconductor subsidies need to be better targeted - The proposed European Chips Act over-emphasises semiconductor production subsidies, focusing too little on increasing value-added in research - See Bruegel Policy Paper

FINANCIAL SERVICES

• Judgment of the Court of 20 October 2022 in Case C-473/20, Invest Fund Management AD Vs. Komisia za finansov nadzor
  Re: Reference for a preliminary ruling - Approximation of laws - Directive 2009/65/EC - Undertakings for collective investment in transferable securities (UCITS) - UCITS management companies - Obligations concerning the information to be given to investors - Article 72 - Obligation to update the 'essential elements of the prospectus' - Scope - Article 69, (2) - Information mentioned in Schedule A of Annex I - Composition of an organ of the management company - Article 99a(r) - Transposition into the legal order of the Member States - National rules extending the situations in which an infringement relating to the updating of the prospectus may be ascertained and penalised
• Joint statement following the sixth meeting of the Specialised Committee on Financial Provisions
• Opinion of the EBA on the European Commission’s amendments relating to the final draft ITS on prudential disclosures on ESG risks in accordance with Article 449a CRR
• ESMA will exceptionally make available only the SI regime calculations for equity, equity-like and non-equity instruments by 1 November
• EBA publishes final standards and guidelines on interest rate risk arising from non-trading book activities
• EU urged to help pension funds on margin calls stress - see ISDA Statement & Report - Financial Times

TAXATION

• Opinion of Advocate General Collins of 20 October 2022 in Case C‑412/21, Dual Prod SRL Vs. Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca, Comisia regională pentru autorizarea operatorilor de produse supuse accizelor armonizate
  Re: Reference for a preliminary ruling - Excise duty – Directive 2008/118/EC - Article 16 - Measure to suspend the authorisation of an authorised warehousekeeper - Parallel proceedings - Charter of Fundamental Rights of the European Union - Article 48(1) - Presumption of innocence - Article 50 - Principle ne bis in idem
• Judgment of the Court of 20 October 2022 in Case C-295/21, Allianz Benelux SA Vs. Belgian State, SPF Finances
  Re: Reference for a preliminary ruling - Common system of taxation applicable to parent companies and subsidiaries of different Member States - Directive 90/435/EEC - Article 4(1) - Exemption in respect of a parent company of dividends paid by its subsidiary - Carryover of excess definitively taxed income to subsequent tax years - Absorption of a company with excess definitively taxed income by another company - National legislation restricting the transfer of those surpluses to the absorbing company

EMPLOYMENT & SOCIAL POLICY

• Main results of the Tripartite Social Summit - 19 October 2022 - IP/22/6248, Statement by President von der Leyen & Charles Michel, see also the ETUC Statement & Speeches

ENERGY

• Notification of the Norwegian Government pursuant to Article 10(2) of Directive 2009/72/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (‘Electricity Directive’), as adapted to the EEA Agreement by Protocol 1 thereto and EEA Joint Committee Decision No 93/2017 of 5 May 2017, regarding the designation of Statnett SF as transmission system operator in Norway
• Energy efficiency: MAIF and the European Investment Fund (EIF) backed by InvestEU join forces with the launch of the F2E Fund managed by Sienna Private Credit - IP/22/6271
• 18 organisations behind cross-sector call for an ambitious EU solar mandate to secure climate and energy security - EEB
• National energy policy responses to the energy crisis - See Bruegel Policy Paper
• European natural gas imports - See Bruegel Data 
  Answer given by Ms Simson to a MEP written question -

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: Meeting of EP ENVI Committee from 24 to 25 October 2022 
• Agenda for: Working Party on the Environment - 27 October 2022
• Agenda for: Working Party on International Environment Issues
  - Int. Chemicals / Synergies - 25 October 2022
  - UNECE CLRTAP - 26 October 2022
• Council (Environment) meeting on 24 October 2022
  - 9th Environment for Europe (EfE) Ministerial Conference (Nicosia, Cyprus, 5-7 October 2022) - Information from the Presidency and the Commission 
  - Directive replacing Directive 2008/99/EC on the protection of the environment through criminal law - Information from the Presidency, requested by the Commission
• Amendments adopted by the European Parliament on 19 October 2022 on the proposal for a regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC (COM(2021)0562 – C9-0333/2021 – 2021/0210(COD))
• Commission Implementing Decision (EU) 2022/1979 of 31 August 2022 on establishing the form and databases for communicating the information referred to in Articles 18(1) and 21(3) of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances and repealing Commission Implementing Decision 2014/895/EU

HEALTH, FOOD & PRODUCT SAFETY

• Answer given by Mr Breton to a MEP written question - Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products
• EFSA - Scientific Opinion - Safety evaluation of the food enzyme β‐galactosidase from the non‐genetically modified Aspergillus oryzae strain GL 470
• ECDC - Gonococcal antimicrobial susceptibility surveillance in the European Union/European Economic Area - Summary of results for 2020
• Joint ECDC-WHO/Europe monkeypox surveillance bulletin - Monkeypox multi-country outbreak - second update
• EMA recommends approval of Comirnaty and Spikevax COVID-19 vaccines for children from 6 months of age
• EMA recommends approval of second adapted Spikevax vaccine 

DATA PRIVACY CYBERSECURITY

• Judgment of the Court of 20 October 2022 in Case C-77/21, Digi Távközlési és Szolgáltató Kft. Vs. Nemzeti Adatvédelmi és Információszabadság Hatóság,
  Re: Reference for a preliminary ruling - Protection of individuals with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 5(1)(b) and (e) - 'Purpose limitation' principle - 'Retention limitation' principle - Creation, from an existing database, of a database for the purpose of carrying out tests and correcting errors - Further processing of the data - Compatibility of the further processing of those data with the purposes of the initial collection - Retention period in the light of those purposes
• Judgment of the Court of 20 October 2022 in Case C-306/21, Komisia za zashtita na lichnite danni, Tsentralna izbiratelna komisia Vs. Koalitsia 'Demokratichna Bulgaria - Obedinenie
  Re: Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Scope - Article 2(2)(a) - Concept of 'activity falling outside the scope of Union law' - National and European elections - Article 6(1)(e) - Lawfulness of processing - Article 58 - Act adopted by the supervisory authorities restricting or, where appropriate, prohibiting video recording of the counting of votes on election premises
• ENISA explores the necessity to design new cryptographic protocols and integrate post-quantum systems into existing protocols
• Answer given by Mr Breton to a MEP written question - EU action on AI-based automated driving systems

TRANSPORT & MOBILITY

• Car-recharging stations should be available every 60 km, say MEPs - See the EP Resolution
• EFTA Surveillance Authority Delegated Decision No.049/22/COL of 9 February 2022 to grant three derogations requested by the Principality of Liechtenstein in relation to Article 30, Article 36(2) and Chapter 1.1.3.6.3. lit. b of Annex 5 to the Liechtenstein Ordinance of 3 March 1998 on the transport of dangerous goods by road based on Article 6(2)(a) of Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods [2022/1984]

AREA OF FREEDOM, SECURITY & JUSTICE

• 7th European Migration Forum: Youth integration key to migration - Midday Express
• Eurojust brings together largest meeting ever of prosecutors combatting migrant smuggling
• Money laundering cases registered at Agency doubled in last 6 years according to Eurojust’s new report
• Six suspects indicted in France for extortion and taking jewelers and their families hostage in Switzerland -Eurojust
• Brussels is right to press Poland on rule of law reforms - The European Commission must stay tough on internal threats to democracy - Financial Times

ECB, EURO & ECONOMY

• Decision (EU) 2022/1981 of the European Central Bank of 10 October 2022 on the use of services of the European System of Central Banks by competent authorities (ECB/2022/33)
• Decision (EU) 2022/1982 of the European Central Bank of 10 October 2022 on the use of services of the European System of Central Banks by competent authorities and by cooperating authorities, and amending Decision ECB/2013/1 (ECB/2022/34)
• European long-term investment funds: Provisional agreement reached
• MEPs want EU budget for 2023 to focus on Ukraine, energy and pandemic - See the EP resolution 

FUTURE OF EUROPE

• Agenda for: European Council meeting - 20 & 21 October 2022
• Possible items for College agendas: 26 October - 21 December 2022
• Slovak President Zuzana Čaputová: If we do not defend democracy, it will cease to exist - See the EP Statement

EXTERNAL RELATIONS

• Moldova: 13th EU-Moldova Human Rights Dialogue in Brussels
• Tunisia: Speech on behalf of HR/VP Josep Borrell at the EP debate on the political situation
• European Political Community: Speech on behalf of HR/VP Josep Borrell at the EP debate on the outcome of the first meeting
  

RUSSIAN INVASION OF UKRAINE

• Russia: Speech on behalf of HR/VP Josep Borrell at the EP debate on the possible recognition of Russia as a state sponsor of terrorism
• Ukraine: EU launches winter shelter programme and boosts humanitarian aid by €175 million - IP/22/6263
• The Ukrainian people awarded the European Parliament’s 2022 Sakharov Prize