Europe Daily News, 22 December 2022

COMPETITION

• Judgment of the Court of 22 December 2022 in Case C-98/22; Eurelec Trading SCRL, Scabel SA Vs. Ministre de l'Économie et des Finances, in the presence of: Groupement d'achat des centres Édouard Leclerc (GALEC), Association des centres distributeurs Édouard Leclerc (ACDLEC)
  Re: Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Article 1(1) - Meaning of 'civil and commercial matters' - Action by a public authority to secure the detection, sanction and cessation of restrictive competition practices
• Prior notification of a concentration (Case M.11000 - KKR / Serentica Mauritius / Serentica Renewables Singapore JV)
• Commission clears acquisition of NewCo Eemshaven by RWE (M.10713) - Midday Express
• Commission authorises the creation of a joint venture combining the CTS activities of BNPP and CACEIS (M.10786) - Midday Express
• Austria - Construction cartel: Cartel Court imposes fine of EUR 26.33 million on HABAU Group following AFCA’s application. The decision is final.
• Germany - German authority levied EUR24 million in cartel fines this year, review shows
• UK - The anticipated joint venture between ForFarmers and Boparan could lead to farmers paying higher prices to feed their poultry, the CMA has found

STATE AID

• Commission approves €49 billion German scheme to support the economy in the context of Russia's war against Ukraine (SA.104606) - IP/22/7837
• Commission approves €3 billion Polish scheme to support companies active in the Polish gas market in the context of Russia's war against Ukraine (SA.105347) - IP/22/7887
• Judgment of the General Court of 21 December 2022 in Case T-702/21, Ekobulkos EOOD Vs. European Commission
  Re: State aid - Production of electricity from renewable sources - Complaint - Action for failure to act - Invitation to act - Admissibility - Obligation to act - None

TRADE & CUSTOMS

• Public Consultation - Binding valuation information (BVI) decisions – inclusion in EU legislation and simplifications to customs formalities - Implementing regulation - Feedback period: 21 December 2022 - 18 January 2023
• Public Consultation - Binding valuation information (BVI) decisions – inclusion in EU legislation and simplifications to customs formalities - Delegated regulation - Feedback period 21 December 2022 - 18 January 2023
  
• Commission Implementing Regulation (EU) /... repealing Implementing Regulation (EU) No 761/2014 concerning the classification of certain goods in the Combined Nomenclature
  
• Council Decision (EU) 2022/2524 of 12 December 2022 on the conclusion, on behalf of the Union, of the Agreement between the European Union and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union
• Agreement between the European Union and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union
• Notice concerning the date of entry into force of the amendment of Annexes 10-A and 10-B of the Free Trade Agreement between the European Union and the Republic of Korea
• Decision No 4 of the EU-Korea Trade Committee of 30 November 2022 on the amendment of Annexes 10-A and 10-B to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part 
• Decision No 2/2022 of the Partnership Council established by 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 of 21 December 2022 as regards the second and last extension of the interim period during which the United Kingdom may derogate from the obligation to delete Passenger Name Record data of passengers after their departure from the United Kingdom
• Decision No 3/2022 of the Partnership Council established by 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 of 21 December 2022 establishing a list of individuals who are willing and able to serve as members of an arbitration tribunal under the Trade and Cooperation Agreement
• WTO Committee on Trade Facilitation - Notifications under articles 1.4, 10.4.3, 10.6.2 and 12.2.2 of the Agreement on Trade Facilitation - Communication from the European Union - Revision
  
• EU wins in WTO appeal about Colombian anti-dumping duties on frozen fries - IP/22/7858
• WTO issues information note on steel decarbonatization standards, readies for March event
• WTO dispute panel issues report regarding US origin marking requirements
• WTO - New commitments for domestic regulation of services move step closer to entry into force

INTERNAL MARKET & INDUSTRY

• EU Cohesion Policy 2021-2027: Investing in a fair climate and digital transition while strengthening Hungary‘s administrative capacity, transparency and prevention of corruption - IP/22/7801
• The Latvian law banning the advertising of medicinal products on the basis of price, special sales or bundled sales of medicinal products and other products is compatible with EU law (See CPR No 216/2022  - Judgment of the Court of Justice in Case C-530/20, EUROAPTIEKA - Approximation of laws)
• Communication on financial sanctions in infringement proceedings 2022 - Midday Express

CHEMICAL

• Minutes of the Meeting of the REACH Committee of 13-14 December 2022
• Public Consultation - Revision of EU legislation on hazard classification, labelling and packaging of chemicals - Proposal for a regulation - Feedback period: 20 December 2022 - 16 February 2023

INTELLECTUAL PROPERTY

• Market Place: Amazon itself uses the sign registered by Louboutin when the user of its site has the impression that it is the one the impression that it is Amazon that is marketing Louboutin pumps in its name and on its behalf brand (See CPR No 213/2022 - Judgment of the General Court in joined cases C-148/21 et C-184/21, Louboutin (Usage d’un signe contrefaisant sur un marché en ligne) Intellectual and industrial property)

FINANCIAL SERVICES

• Sustainable Finance: Commission provides additional guidance to companies on what and how to report about environmental performance under EU Taxonomy
• Submission of draft implementing and regulatory technical standards on the notification of cross-border activities under the UCITS Directive and AIFMD
• Submission of the updated list of diversified indices under Article 344(1) of the CRR
• 2022 report on the risk assessment of the European banking system
• ESMA publishes technical standards on cross-border activities under the UCITS Directive and the AIFMD
• EBA publishes final technical standards on the identification of a group of connected clients
• If it doesn’t trade, is it really marketable debt? - Europe’s bond markets are essential infrastructure, just like the power grid - See Bruegel Paper

TAXATION

• Agenda for: Code of Conduct Group (Business Taxation) - Subgroup on external issues - 12 January 2023
• Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union
• Short-term property rentals: EU law does not preclude the requirement to collect information or to withhold tax under a national tax regime (See CPR No 212/2022 - Judgment of the Court of Justice in Case C-83/21; Airbnb Ireland and Airbnb Payments UK) 
• Judgment of the Court of 22 December 2022 in Case C-332/21; Quadrant Amroq Beverages SRL Vs. Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili,
  Re: Reference for a preliminary ruling - Harmonisation of tax laws - Directive 92/83/EEC - Harmonisation of the structures of excise duties on alcohol and alcoholic beverages - Excise duties - Ethyl alcohol - Exemptions - Article 27(1)(e) - Production of flavourings intended for the preparation of foodstuffs and non-alcoholic beverages with an alcoholic strength by volume not exceeding 1.2% - Scope - Principles of proportionality and effectiveness

AGRICULTURE & FISHERIES

• Study on the Union’s situation and options regarding the introduction, production, evaluation, marketing and use of invertebrate biocontrol agents within the territory of the Union

ENERGY

• Final Summary Record of the Gas Storage Committee meeting of 10 November 2022
• InvestEU: EIF and Banco Sabadell provide over €300 million to support small businesses and renewable energy sector companies - IP/22/7870

ENVIRONMENT & CLIMATE CHANGE

• Main results - Environment Council - 20 December 2022
• Commission Delegated Regulation (EU) 2022/2526 of 23 September 2022 amending Regulation (EU) 2017/852 of the European Parliament and of the Council as regards the temporary storage of mercury waste in liquid form
• European directives setting standards for ambient air quality are not, as such, intended to confer any rights on air quality are not, as such, intended to confer rights on individuals rights to individuals, the violation of which could give them a right to compensation (See CPR No 211/2022 - Judgment of the Court of Justice in Case C-61/21, Ministre de la Transition écologique and Premier ministre (Responsabilité de l’État pour la pollution de l’air))
• Banning harmful chemicals: new rules on Persistent Organic Pollutants (POPs) in waste to enter into force - Midday Express
• EU Cohesion policy: €869 million for a just climate transition in Spain - IP/22/7868

HEALTH, FOOD & PRODUCT SAFETY

• Agenda for: Meeting of the Tobacco Products Committee - 10 January 2023
• EFSA - Safety and efficacy of a feed additive consisting of lasalocid A sodium (Avatec® 150G) for chickens for fattening and chickens reared for laying (Zoetis Belgium SA)
• EFSA - Safety and efficacy of a feed additive consisting of an essential oil from the gum resin of Ferula assa‐foetida L. (asafoetida oil) for use in dogs and cats (FEFANA asbl)
• EFSA - Safety and efficacy of a feed additive consisting of an essential oil from the aerial parts of Anethum graveolens L. (dill herb oil) for use in dogs and cats (FEFANA asbl)
• EFSA - Safety evaluation of the food enzyme containing endo‐polygalacturonase and endo‐1,3(4)‐β‐glucanase from the non‐genetically modified Aspergillus fijiensis strain NZYM‐RE
• EFSA - Describing and mapping of the main existing structures and systematic initiatives and academic activities for surveillance in the EU for zoonoses (transboundary, emerging and re‐emerging) in domestic animals and wildlife
• EFSA - Literature review on the main existing structures and systematic/academic initiatives for surveillance in the EU for zoonoses in the environment and the methods for surveillance of pathogens in the environment
• EFSA - EFSA Platform for Bayesian Benchmark Dose Analysis
• Joint ECDC-WHO/Europe mpox (monkeypox) surveillance bulletin - Epidemiological update - 21 Dec 2022
• The Mediterranean and Black Sea Programme in Intervention Epidemiology Training joins the global Training Programs in Epidemiology and Public Health Interventions network

DIGITAL & INFORMATION SOCUETY

• Agenda for: Digital Markets Advisory Committee - 13 January 2023
• Minutes of the 4th meeting of the Digital Europe Programme Committee - 14 November 2022
• EU Digital COVID Certificate: Commission adopts third implementation report
• Public consultation - Digital Services Act - methodology for calculating the supervisory fee - Delegated regulation - Feedback period: 22 December 2022 - 19 January 2023

DATA PRIVACY & CYBERSECURITY

• Summary of the Opinion of the EDPS on the Proposal for a Regulation establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU
• EDPS Opinion - Secure instant payments for individuals in the EU
• EDPB - Processing the personal data by a processor must be documented
• EDPB - Polish SA: risk assessment and acting in accordance with established procedures counteract data loss
• EDPB - The Portuguese Supervisory Authority fines the Portuguese National Statistics Institute (INE) 4.3 million EUR

TRANSPORT & MOBILITY

• Council Recommendation (EU) 2022/2547 of 13 December 2022 amending Recommendation (EU) 2022/107 on a coordinated approach to facilitate safe free movement during the COVID-19 pandemic
• Council Recommendation (EU) 2022/2548 of 13 December 2022 on a coordinated approach to travel to the Union during the COVID-19 pandemic and replacing Council Recommendation (EU) 2020/912

AREA OF FREEDOM, SECURITY & JUSTICE

• Public Consultation - Fighting human trafficking – review of EU rules - Proposal for a directive - Feedback period: 19 December 2022 - 16 February 2023
• Danish legislation which makes family reunification between a Turkish worker residing legally in Denmark and his or her spouse subject to the condition that that worker has successfully taken a test demonstrating a certain level of knowledge of Danish constitutes an unlawful 'new restriction' (See CPR No 215/2022 - Judgment of the Court of Justice in Case C-279/21, Udlændingenævnet (Examen linguistique imposé aux étrangers))
• Extradition of a Union citizen to a third State in order for him to serve a sentence in that State may be justified to prevent the risk of impunity 5See CPR No 214/2022 - Judgment of the Court of Justice in Case C-237/21, Generalstaatsanwaltschaft München (Demande d’extradition vers la Bosnie-Herzégovine)°

ECB, EURO & ECONOMY

• Supporting sustainable bioeconomy and mid-caps in Latvia: new EU budget-backed €39 million EIB loan for Latvijas Finieris - IP/22/7748
• Interview with Luis de Guindos, Vice-President of the ECB, conducted by Éric Albert on 15 December and published on 22 December 

EXTERNAL RELATIONS

• Council Implementing Regulation (EU) 2022/2525 of 21 December 2022 implementing Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
• Council Implementing Decision (CFSP) 2022/2543 of 21 December 2022 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
• Afghanistan: Statement by the HR/VP on behalf of the EU on additional restrictions by the Taliban to the right of education of girls and women

RUSSIAN INVASION OF UKRAINE

• FAQs concerning the transit of listed goods via Russia and sanctions adopted following Russia’s military aggression against Ukraine
• FAQs on insurance and reinsurance related matters concerning sanctions adopted following Russia’s military aggression against Ukraine
• FAQs on import, purchase and transfer of listed goods concerning sanctions adopted following Russia’s military aggression against Ukraine
• Consolidated version of the FAQs concerning sanctions adopted following Russia’s military aggression against Ukraine and Belarus' involvement in it
• The impact of the Ukraine crisis on international trade - The direct aim of trade sanctions seems to have been achieved, while Russia’s capacity to finance the war from fossil fuel revenues is bound to shrink - See Bruegel Working Paper