Europe Daily News, 20 April 2023

COMPETITION

• Judgment of the Court of 20 April 2023 in Case C‑815/21 P, Amazon.com Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl, Amazon Europe Core Sàrl, Vs. European Commission, supported by: Autorità Garante della Concorrenza e del Mercato
  Re: Appeal - Competition - Article 102 TFEU - Abuse of dominant position - Online sales - Regulation (EC) No 773/2004 - Article 2(1) - European Commission decision to initiate an investigation - Territorial scope of the investigation - Exclusion of Italy - Allocation of competence between the Commission and the competition authorities of the Member States - Regulation (EC) No 1/2003 - Article 11(6) - The competition authorities of the Member States being relieved of their competence - Protection against proceedings conducted in parallel by the competition authorities of the Member States and by the Commission - Action for annulment - Act not open to challenge - Act not producing legal effects vis-à-vis third parties - Preparatory act - Inadmissibility
• Judgment of the Court of 20 April 2023 in Case C-25/21, ZA, AZ, BX, CV, DU, ET Vs. Repsol Comercial de Productos Petrolíferos SA
  Re: Preliminary reference - Competition - Vertical restrictions of competition - Article 101(1) and (2) TFEU - Principle of effectiveness - Regulation (EC) No 1/2003 - Article 2 - Directive 2014/104/EU - Article 9(1) - Binding effect of final decisions of national competition authorities finding an infringement of the rules of competition law - Temporal and substantive application - Actions for damages and for a declaration of invalidity in respect of infringements of the provisions of Union competition law
• Prior notification of a concentration (Case M.11089 - Axpo Iberia / Acsa Onras E Infrastructuras / Noguera Renovables)
• Prior notification of a concentration (Case M.11079 - BNP Paribas Fortis / Matexi / R2O JV)
• Prior notification of a concentration (Case M.11056 - One / Macquarie / Trapac)
• Initiation of proceedings (Case M.10896 - Orange/ Masmovil / JV)
• Commission further cuts red tape for merging businesses - IP/23/2357
  - (i) a revised Merger Implementing Regulation (‘Implementing Regulation'),
  - (ii) a Notice on Simplified Procedure (‘Notice'),
  - (iii) a Communication on the transmission of documents (‘Communication')
• Competition analysis of the electric vehicle recharging market across the EU27 + the UK Market for the provision of publicly accessible recharging infrastructure and related services - Extended executive summary
• Denmark - Broste Copenhagen has agreed to pay a fine of DKK 6 millions for participating in a cartel that coordinated prices with a competitor
• UK - CMA provisionally finds hearing implants merger could substantially reduce competition, potentially leading to worse outcomes for patients and higher costs for the NHS.

STATE AID

• EFTA Surveillance Authority - State aid - Decision to raise no objections
• EFTA Surveillance Authority - No state aid within the meaning of Article 61(1) of the EEA Agreement
• EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 January 2023

TRADE & CUSTOMS

• Opinion of Advocate General Jean Richard de la Tour of 20 April 2023 in Case C-770/21, OGL-Food Trade Lebensmittelvertrieb GmbH Vs. Direktor na Teritorialna direktsia 'Mitnitsa Plovdiv' pri Agentsia 'Mitnitsi
  Re: Reference for a preliminary ruling - Customs Code of the Union - Determination of the customs value of fruit and vegetables to which an entry price applies - Declared transaction value greater than the flat-rate import value - Disposal of the products under conditions confirming the reality of the transaction value - Sale at a loss - Judicial review of the decision fixing the customs debt - Absence of a commercial contract relating to the import - Concept of 'persons having the legal status of partners'
• Protocol amending the Marrakesh Agreement establishing the World Trade Organization - See the EP Resolution
• Answer given by EVP Dombrovskis to a MEP written question - The EU’s trade deficit
• DG Okonjo-Iweala: WTO must contribute solutions to economic challenges the world is facing

INTERNAL MARKET & INDUSTRY

• Concessions authorising the exploitation of Italian beaches may not be renewed automatically but must be subject to an impartial and transparent selection procedure (See CPR No 61/2023 - Judgment of the Court of Justice in Case C-348/22, Autorità Garante della Concorrenza e del Mercato (Commune de Ginosa))
• Agenda for: Working Party on Competitiveness and Growth (Internal Market - Ecodesign) - 21 April 202
• Agenda for: Working Party Meeting on Technical Harmonisation (Motor Vehicles) - 25 April 2023
• Answer given by Mr Breton to a MEP written question – Coking coal and the list of critical raw materials
• Answer given by Mr Breton to a MEP written question – Plight of wind turbine designers and manufacturers
• EEA EFTA States welcome efforts to guarantee the Single Market’s integrity during crises

CHEMICAL

• Opinion of Advocate General Kokott of 20 April 2023 in Case C‑558/21 P, Global Silicones Council and Others Vs. European Commission
  Re: Appeal - Regulation (EC) No 1907/2006 (REACH) - Amendment of Annex XVII to Regulation (EC) No 1907/2006 on restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles - Restriction on the use of octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) - Persistent, bioaccumulative and toxic substances - Very persistent and very bioaccumulative substances - Unacceptable risks - Statement of reasons
• Opinion of Advocate General Kokott of 20 April 2023 in Case C‑559/21 P, Global Silicones Council and Others Vs. European Chemicals Agency (ECHA)
  Re: Appeal - Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 (REACH) (candidate list) - Entry of octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexasiloxane (D6) in the candidate list - Persistent, bioaccumulative and toxic substances (PBT) - Very persistent and very bioaccumulative substances (vPvB) - Bioaccumulation - Bioconcentration factor - Organometallic compounds - Legal characterisation of facts - Manifest error of assessment - Toxicity
• Agenda for: Working Party Meeting on Technical Harmonisation (Dangerous Substances - Chemicals) - 02 May 2023
• Sustainable chemicals: new rules to identify endocrine disruptors and long-lived chemicals to increase transparency on chemicals - Midday Express
• Speed vs. sustainability: The race to ban ‘forever chemicals’ on ski slopes - Fluorinated ski wax gives athletes a competitive advantage, but it’s a disaster for the environment, and for their health - Politico.eu

INTELLECTUAL PROPERTY

• The broadcasting of a musical work as background music in a means of passenger transport constitutes a communication to the public within the meaning of EU law (See CPR No 62/2023 - Judgment of the Court of Justice in Joined Cases C-775/21, C-826/21, Blue Air Aviation)

FINANCIAL SERVICES

• Agenda for: AH Working Party on Frozen and Immobilised Assets - 25 April 2023
• Crypto-assets: green light to new rules for tracing transfers in the EU - See the EP Statement
• EBA adopts a charter on diversity and inclusion
• EBA consults on guidance to assess knowledge and experience of the management or administrative organ of a credit servicer
• ESMA finds data quality significantly improves under new monitoring approach

TAXATION

• Minutes of the 17th Meeting of the Expert Group on the implementation of the legislative package to exchange and transmit payment data to combat VAT fraud - 07 & 08 September 2022
• The European Commission decides to refer Belgium to the Court of Justice of the European Union for failing to correctly transpose the Anti-Tax Avoidance Directive - IP/23/2131 

AGRICULTURE & FISHERIES

• Agenda for: Meeting of the CAP Committee - 21 April 2023
• Statement by Executive Vice-President Dombrovskis and Commissioner Wojciechowski following today's meeting on agricultural imports from Ukraine
• Council meeting ("Agriculture and Fisheries") - 25 April 2023
  - Commission’s report on the findings of the EU coordinated action “From the hives” and its relevance for the revision of the Council Directive on honey (2001/110/EC)
  - Study on the Union’s situation and options regarding the introduction, production, evaluation, marketing and use of invertebrate biocontrol agents (IBCAs) within the territory of the Union - Presentation by the Commission
  - Proposal to mitigate the impact of imports from Ukraine on EU markets - Information from the Slovak delegation, supported by the Bulgarian, Hungarian, Polish and Romanian delegations
  - Continuing crisis in the dairy sector - Information from Lithuanian and Latvian delegations
  - Market situation in particular following the invasion of Ukraine - Information from the Commission - Exchange of views
  - Establishment of new and lower maximum levels for PFAS in foodstuffs - Information from the Danish delegation on behalf of the Czech, Danish, German and Netherlands delegations
• Brussels wants to help Eastern countries shift Ukrainian grain - But no breakthrough was reached on Commission proposal for ‘preventative measures’ on Wednesday - Politico.eu
• EU prepares emergency curbs on grain imports from Ukraine - Bloc bows to pressure from Poland and other eastern European states over influx of cheap foodstuffs - Financial Times

ENERGY

• EU gas usage falls 18% after price shock caused by Russian supply cuts Large drop in consumption by households and businesses beats Brussels target and eases fears of energy crisis - Financial Times

ENVIRONMENT & CLIMATE CHANGE

• Judgment of the Court of Justice of 20 April 2023 in Case C-580/21, EEW Energy from Waste Großräschen GmbH Vs. MNG Mitteldeutsche Netzgesellschaft Strom GmbH, in the presence of : 50 Hertz Transmission GmbH
  Re: Reference for a preliminary ruling - Environment - Directive 2009/28/EC - Promotion of energy from renewable sources - Article 16(2)(c) - Access to transmission and distribution networks - Priority access for electricity from renewable energy sources - Production from both renewable and conventional energy sources
• Agenda for: Working Party on International Environment Issues (Climate change) - 20 April 2023
• Minutes of the 91st Nitrates Committee - 15 March 2023
• Remarks by Commissioner Virginijus Sinkevičius at the Informal Environment Council
• Parliament adopts new law to fight global deforestation - See the EP Statement & Resolution
• Methods and procedure for making available own resources based on the ETS, the CBAM and reallocated profits and on the measures to meet cash requirements - See the EP Resolution
• Proposal for a Regulation of the European Parliament and of the Council establishing a Social Climate Fund - Outcome of the EP's first reading (Strasbourg, 17 to 20 April 2023)
• Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757* - Outcome of the EP's first reading (Strasbourg, 17 to 20 April 2023)
• Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757* - Outcome of the EP's first reading (Strasbourg, 17 to 20 April 2023)
• Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC as regards aviation's contribution to the Union’s economy-wide emission reduction target and appropriately implementing a global market-based measure - Outcome of the EP's first reading (Strasbourg, 17 to 20 April 2023)
• Proposal for a Regulation of the European Parliament and of the Council establishing a carbon border adjustment mechanism (CBAM) - Outcome of the EP's first reading (Strasbourg, 17 to 20 April 2023)
• Commissioner Sinkevičius in Poland to discuss about nature restoration, forests and fisheries - Midday Express
• Transforming Europe’s food system requires coordinated action across diverse areas of EU policy - See the EEA Report
• Economic recovery pushed EU emissions up in 2021 but long-term trend remains positive, final data - See the EEA Inventory Report
• Answer given by Mr Sinkevičius to a MEP written question - What steps will the Commission take to stop the illegal export of protected oak to China?

HEALTH, FOOD & PRODUCT SAFETY

• Agenda for: Working Party on Plants and Plant Health Questions (Roosendaal Group) - 03 May 2023
• Draft Regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council (first reading) - Adoption of the legislative act = Statements

DIGITAL & INFORMATION SOCIETY

• Agenda for: Working Party on Telecommunications & Information Society - 25 April 2023
• Minutes of the 1st Meeting of the Digital Service Expert Group - 27 February 2023
• Judgment of the Court of Justice of 20 April 2023 in Case C-329/21, DIGI Communications NV Vs. Nemzeti Média- és Hírközlési Hatóság Hivatala, in the presence of : Magyar Telekom Nyrt
  Re: Reference for a preliminary ruling - Telecommunications - Electronic communications networks and services - Directive 2002/21/EC (Framework Directive) - Article 4(1) - Directive 2002/20/EC (Authorisation Directive) - Article 7 - Allocation of rights of use for frequencies - Auction procedure - Holding company not registered as a provider of electronic communications services in the Member State concerned - Exclusion from the allocation procedure - Right to appeal against the allocation decision
• Undrugging the environment: Europe’s plan to cut pharma pollution - For the first time, new drugs could be denied approval on the basis of environmental harm - Politico.eu

DATA PRIVACY & CYBERSECURITY

• Proposal for a Directive of the European Parliament and of the Council amending Council Decision 2005/671/JHA, as regards its alignment with Union rules on the protection of personal data - Mandate for negotiations with the European Parliament
• EDPB promotes consistent approach for 101 NOYB data transfers complaints - See the Report

TRANSPORT & MOBILITY

• Opinion of Advocate General Jean Richard de la Tour of 20 April 2023 in Case C‑246/22, BW intervening party: Staatsanwaltschaft Köln, Bundesamt für Güterverkehr
  Re: Reference for a preliminary ruling - Transport operations - Combined transport of goods - Directive 92/106/EEC - International carriage of goods by road - Regulation (EC) No 1072/2009 - Transport of empty containers for the purposes of loading or unloading goods forming an inseparable part of the transport of loaded containers - Cabotage operations
• Agenda for: Working Party on Land Transport - 26 April 2023
• EU - India Aviation Summit: Opening speech by Commissioner Adina Vălean
• Germany rethinks China’s Hamburg port deal as further doubts raised - New ministry report says terminal should have been deemed ‘critical infrastructure.’ - Politico.eu

AREA OF FREEDOM, SECURITY & JUSTICE

• Honour crime, forced marriage and domestic violence: Advocate General Richard de la Tour clarifies under which conditions third-country nationals may be eligible for international protection (See CPR No 63/2023 - Opinion of the Advocate General in the Case C-621/21, Intervyuirasht organ na DAB pri MS (Femmes victimes de violences domestiques))
• Joint Research Centre: A new method to help policymakers defend democracies against hybrid threats - See the Report - Midday Express
• Roadmap Improving the implementation of transfers under the Dublin III Regulation
• Visa liberalisation: EU adopts visa-free travel for Kosovo - Midday Express
• Labour migration: improving legal avenues to work in the EU - See the EP Briefing

ECB, EURO & ECONOMY

• NextGenerationEU: Commission disburses first payment of €700 million to Austria under the Recovery and Resilience Facility - Midday Express
• NextGenerationEU: Commission disburses first payment of €50 million to Slovenia under the Recovery and Resilience Facility - Midday Express
• One product, two prices: the border effect in retail prices - Research Bulletin No.106

EXTERNAL RELATIONS

• Agenda for: Meeting of the Foreign Affairs Council - 24 April 2023
• Agenda for: Meeting of the EU-Uzbekistan Cooperation Council - 24 April 2023
• Sudan: Statement by the HR/ VP Borrell on behalf of the European Union on the latest developments
• Parliament reaffirms its commitment to Moldova’s EU membership
• Human rights breaches in Russia, Afghanistan and Nigeria - See the EP Statement

RUSSIAN INVASION OF UKRAINE

• France and Poland spar as EU plan to buy Ukraine ammo idles in legal limbo - France wants to keep the contracts within the EU, a push that has drawn out negotiations - Politico.eu

BREXIT

• Agenda for: Working Party on the United Kingdom - 21 April 2023
• Speech by President Charles Michel at the Good Friday Agreement 25th anniversary conference
• Speech by President von der Leyen at the conference ‘Agreement 25' organised by Queen's University Belfast