Europe Daily News, 26 January 2023

COMPETITION

• Commission clears acquisition of CCG by Infinite Electronics (M.10995) - Midday Express
• Belgium - The Competition Authority imposes a fine of EUR 2 782 808 on Novartis for abuse of dominant position
• Bulgaria - The CPC addressed a statement of objections to DP NKZI alleging the company has abused its dominant position, which can prevent, restrict or distort competition in the market for freight rail transport in the country and affect consumers’ interests
• Croatia - AZTN fined Setovia Voce d.o.o. with HRK 120,000.00 due to the imposition of unfair trade practices when buying watermelons
• The Netherlands - ACM requested information from three companies in the pharmaceutical sector. ACM does this in response to signals about practices that can distort competition
• Portugal - AdC adopted a non-opposition decision in merger 65/2022 - Rhenus / Estreia Genial.
• Romania - The Competition Council approved the transaction by which RDF SA in Arad County intends to take over Dachim SRL from Cluj County

STATE AID

• Opinion of Advocate General Pitruzzella of 26 January 2023 in Case C-320/21 P, Ryanair DAC Vs. European Commission
  Re: Appeal - State aid - Article 107(2)(b) TFEU - Sweden - COVID-19 - State guarantee on a revolving credit facility - Decision by the European Commission not to raise objections
• Published Decision - SA.105347 TCF: Subsidised loan scheme for undertakings in the gas market
• Published Decision - SA.105119 Belgium, TCF: Extension of the Belgian State guarantee for loans to natural gas, electricity suppliers, and intermediaries 
• Commission approves €21 million Polish scheme to compensate tourism sector for damages suffered due to restrictive measures at the Polish-Belarusian border (SA.102490) - IP/23/349

TRADE & CUSTOMS

• Opinion of Advocate General Richard de la Tour of 26 January 2023 in Case C‑640/21, SC Zes Zollner Electronic SRL Vs. Direcţia Regională Vamală Cluj - Biroul Vamal de Frontieră Aeroport Cluj Napoca
  Re: Reference for a preliminary ruling - Customs union - Regulation (EU) No 952/2013 - Incorrect customs declaration - Error characterised by the customs authority as an ‘administrative offence’ - Possibility for the declarant to correct the error to avoid a penalty
  
• Notice from the Commission pursuant to Article 6(3) of the Protocol 1 to the stepping-stone Economic Partnership Agreement between the EU and Ghana, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation - List of materials to which cumulation provided for in Article 6 of Protocol 1 to the Ghana-EU stepping-stone EPA may apply
• Notice of the impending expiry of certain anti-dumping measures (Certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 - The P.R. of China - Anti-dumping duty - Regulation (EU) 2018/1579 - 23.10.2023)
• Answer given by EVP Dombrovskis to a MEP written question - Unfair competition between orange growers
• UK Trade in the Wake of Brexit - Single Market Economics Papers by DG GROW.A.1 - 24 January 2023

INTERNAL MARKET & INDUSTRY

• Judgment of the  Court of 26 January 2023 in Case C-682/21, 'HSC Baltic' UAB, 'Mitnija' UAB, 'Montuotojas' UAB Vs. Vilniaus miesto savivaldybės administracija, in the presence of : "Active Construction Management" UAB, bankrupt, "Vilniaus vystymo kompanija" UAB
  Re: Reference for a preliminary ruling - Public procurement - Directive 2014/24/EU - Article 57(4)(g) - Optional ground for exclusion linked to failures under a previous contract - Contract awarded to a group of economic operators - Termination of that contract - Automatic inclusion of all the members of the group on a list of unreliable suppliers - Principle of proportionality - Directive 89/665/EEC - Article 1(1) and (3) - Right to an effective remedy
• Agenda for: Working Party on Competitiveness and Growth (Industry) - 31January 2023
• Free movement of goods: Commission decides to refer Hungary to the Court regarding export restrictions in the construction sector - IP/23/270
• European firm concentration and aggregate productivity, see Paper by DG GROW.A.1 - 24 January 2023
• Semiconductors: MEPs adopt legislation to boost EU chips industry
• January Infringements package: key decisions
• New European Innovation Agenda: The first EU-funded projects are in the starting blocks - see the Factsheet
• Successful European Citizens' Initiative "Save Cruelty Free Cosmetics" presented to the Commission - Midday Express 

TAXATION

• ETAF feedback on Business in Europe: Framework for Income Taxation (BEFIT)

AGRICULTURE & FISHERIES

• Council of the European Union - "Agriculture & Fisheries" on 30 January 2023
  - Problems with increasing agricultural imports from Ukraine - Information from the Polish delegation, on behalf of the Bulgarian, Czech, Hungarian, Polish, Romanian and Slovak delegations
  - Market situation in particular following the invasion of Ukraine - Information from the Commission and the Member States - Exchange of views
  - Opportunities of the bioeconomy in the light of current challenges with special emphasis on rural areas - Exchange of views
  - Agricultural aspects of the revision of the Industrial Emission Directive - Information from the Presidency
• Getting to know EU’s regions: the European Commission launches the rural observatory - Midday Express

EMPLOYMENT & SOCIAL POLICY

• Opening remarks by Commissioner Schmit at the press conference on strengthening social dialogue
• Quality education in Africa: EU launches €100 million Regional Teachers' Initiative - IP/23/288

ENERGY

• Commission decides to refer Bulgaria and Slovakia to the Court of Justice to ensure development of renewable energy - IP/23/163
• EU opens new rescEU energy hub in Poland - Midday Express
• What Regulators Stood for in the Second Half of 2022 - See CEER Paper
• Greece: EIB first Recovery and Resilience Facility transaction backs a €524million landmark project with Greece’s Independent Power Transmission Operator to connect the Western and Southern Cyclades islands to mainland electrical grid

ENVIRONMENT & CLIMATE CHANGE

• Commission Delegated Directive (EU) 2023/171 of 28 October 2022 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for hexavalent chromium as an anticorrosion agent in gas absorption heat pumps
• Biodiversity: Commission to refer six Member States to the Court of Justice for failing to prevent invasive alien species damaging European nature (Regulation 1143/2014) - IP/23/167
• Water: Commission decides to refer Ireland to the Court of Justice for failing to correctly transpose Water Framework Directive protecting waters from pollution (Directive 2000/60/EC) - IP/23/166
• Environmental impact assessment: Commission decides to refer Portugal to the Court of Justice for failing to correctly transpose EU rules (Directive 2011/92/EU) - IP/23/165
• Waste: Commission decides to refer Slovakia to Court for failing to comply with EU rules on landfill (Directive 1999/31/EC) - IP/23/164
• Answer given by Mr Sinkevičius to a MEP written question -

TRANSPORT & MOBILITY

• New EU rules on dedicated airspace for drones enter into force - Midday Express

DIGITAL & INFORMATION SOCIETY

• Consumer protection: Google commits to give consumers clearer and more accurate information to comply with EU rules - IP/23/367

DATA PRIVACY & CYBERSECURITY

• The systematic collection of biometric and genetic data of any accused person in order for them to be entered in a police record is contrary to the requirement of ensuring enhanced protection with regard to the processing of sensitive personal data (See CPR Nº 16/2023 - Judgment of the Court of Justice in Case C-205/21, Ministerstvo na vatreshnite raboti () and génétiques par la police)

AREA OF FREEDOM, SECURITY & JUSTICE

• Judicial Disciplinary Bodies: according to Advocate General Collins, EU law precludes national legislation making the Deputy Chief Inspector responsible for overseeing the investigation of complaints against the Chief Inspector (See CPR Nº 17/2023 - Opinion of the Advocate General in the Case C-817/21, Inspecţia Judiciară)
• Opinion by MEP Martina Dlabajovà (ITRE) 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
• Member States approve provisional agreement with European Parliament on electronic evidence - See the final compromise on the Regulation and on the Directive
• Terrorist content online: Commission takes action to protect people from the risk of online radicalisation and recruitment by extremists - IP/23/132
• International Day of Holocaust Remembrance: “We must never forget the fate of millions of Jewish people”, President von der Leyen says
• Criminal network suspected of tax fraud in workforce rental in Norway and Lithuania dismantled - Eurojust

EXTERNAL RELATIONS

• Speech by President Charles Michel at the CELAC summit in Buenos Aires (Argentina)
• Joint press release by Charles Michel & Ralph Gonsalves on 24 January 2023 at the CELAC Summit in Buenos Aires
• EU agrees 24 new guarantee programmes to boost investments in enlargement and neighbourhood regions - IP/23/325
• EU-South Africa: 15th Ministerial Political Dialogue to further strengthen the strategic partnership takes place tomorrow (Calendar) - Midday Express

RUSSIAN INVASION OF UKRAINE

• Ukraine: Switzerland to implement the EU's ninth package of sanctions
• EU solidarity with Ukraine - latest figures on EU-Ukraine Solidarity Lanes and more