Europe Daily News, 22 June 2023

COMPETITION

• Prior notification of a concentration (Case M.11104 - Hutchison Ports Sokhna / Golden Chance Investment Enterprise / CMA Terminals / JV)
• Commission clears acquisition of joint control of WHI by Bain Capital and Apfarge (M.11129) - Midday Express
• Commission clears creation of joint venture by Sumitomo and Vodafone (M.11123) - Midday Express
• Germany - Bundeskartellamt - Abuse control relating to energy price relief measures: proceedings to examine power sector initiated
• Czech Republic - The Senate approved an amendment to the Competition Act (Act No. 143/2001)
• Czech Republic - The UOHS has imposed a fine of CZK 400,000 on the town of Moravská Třebová for violating the Public Procurement Act.
• Ireland - CCPC conducts high-level analysis of the Irish Grocery Retail Sector
• Poland - UOKiK has instigated three preliminary investigations into collusions on selling farming machines
• Romania - The Competition Council has cleared the transaction by which Transport Trade Services S.A. (TTS) intends to acquire Decirom S.A.
• Spain - The CNMC approves Logista group's acquisition of Distrisur subject to commitments
• UK - CMA action protects outcomes for hearing implant patients

STATE AID

• EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 April 2023
• Commission approves €280 million Belgian measure to support ArcelorMittal decarbonise its steel production (SA.104897) - IP/23/3404

TRADE & CUSTOMS

• Judgment of the Court of 22 June 2023 in Case C-24/22, PR Pet BV Vs. Inspecteur van de Belastingdienst/Douane, kantoor Eindhoven
  Re: Reference for a preliminary ruling - Common Customs Tariff - Classification of goods - Combined Nomenclature - Heading 9403 - Articles consisting of a structure, intended for cats, known as 'cat trees' - Goods composed of different materials - Implementing Regulations (EU) No 1229/2013 and (EU) No 350/2014
• Judgment of the Court of 22 June 2023 in Case C-268/22, Vitol SA Vs. Belgische Staat
  Re: Reference for a preliminary ruling - Commercial policy - Defence against dumping practices - Imports of biodiesel originating in Argentina and Indonesia - Validity of Implementing Regulation (EU) No 1194/2013 - Admissibility - No action for annulment brought by the applicant in the main proceedings - Importer - Determination of the existence of dumping - Factors to be taken into account
• India: Economic indicators and trade with EU - see the EP Briefing
• Legal Analysis of the leaked EU-Mercosur Joint Instrument - Study Commissioned by Friends of the Earth Europe

INTERNAL MARKET, INDUSTRY & RESEARCH

• According to Advocate General Medina European Harmonised Technical Standards must be freely available without charge because of their particular legal nature as acts that form part of EU law (See CPR No 110/2023 - Opinion of the Advocate General in the Case C-588/21, Public.Resource.Org and Right to Know Vs. Commission and Others)

CHEMICAL

• Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the REACH (4-(1,1,3,3-tetramethylbutyl)phenol, ethoxylated (‘4-tert-OPnEO’) - C(2023) 3793 & C(2023) 3807)
• ECHA’s committees: EU-wide PFAS ban in firefighting foams warranted - ECHA/NR/23/19, see the Annex

FINANCIAL SERVICES

• Agenda for: Committee on the Prevention of Money Laundering and Terrorist Financing - 29 June 2023
• The EBA publishes the final amending ITS on supervisory disclosure under CRD

TAXATION

• Judgment of the Court of 22 June 2023 in Case C-833/21, Endesa Generación SAU v Tribunal Económico Administrativo Central
  Re: Reference for a preliminary ruling - Taxation of energy products and electricity - Directive 2003/96/EC - Article 14(1)(a) - Exemption for energy products used to generate electricity - Derogation - Taxation of energy products for 'reasons relating to the protection of the environment' - Scope

EMPLOYMENT & SOCIAL POLICY

• Digital platform workers: EU rules one step closer - see the EP Briefing
• Improving the working conditions of platform workers - see the EP Briefing
• EU battle over gig economy worker rights to intensify - Rules expected to be introduced next year will clarify how far protections such as sick pay and minimum wages will apply - Financial Times

AGRICULTURE & FISHERIES

• "Agriculture and Fisheries" Council on 27 June 2023
  - Adverse weather conditions and the need for certain derogations within the framework of the CAP - Information from the Latvian delegation
  - Strengthening One Health cross sectorial collaboration regarding zoonotic health threats - Information note from the Presidency
• Agenda for: Meeting of the Expert Group of EU Fertilisers Market Observatory - 27 June 2023

ENERGY

• Taxonomy: the General Court dismisses as inadmissible the action of a Member of the European Parliament challenging the Commission's regulation on the sustainability of certain economic activities relating to fossil gas and nuclear energy (See CPR No 105/2023 - Order of the General Court in Case T-628/22, Repasi Vs. Commission)
• Minutes of the Tenth Meeting of the Expert Group on Renewable Fuels - 31 May 2023
• EU promotes dialogue to foster regional market approach in Eastern Partnership countries - CEER
• Meet EU4Energy and the Council of European Energy Regulators at the EU Sustainable Energy Fair - CEER
• Russia gas flows through Ukraine could stop next year, Kyiv says - Ukrainian energy minister said renewal of five-year transit contract to supply Europe was unlikely - Financial Times

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: 113th session of the Climate Change Committee - 04 July 2023
• Lower VAT rate for recyclates / recycled products - a possible economic tool to promote the circular economy - Information from the Czech delegation
• Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020 - Outcome of the European Parliament's first reading (Strasbourg, 12 to 15 June 2023)
• Proposal for a Regulation of the European Parliament and of the Council on nature restoration - General approach - Statements
• Promoting healthier environment for healthier lives - see EEA Briefing
• €105 million a year loss of ecosystem services from 90% loss of Mediterranean seagrass bed - Issue 602
• New analysis indicates European cities and countries with highest expected losses from future flooding - Issue 602
• Increasing tree coverage to 30% in European cities could reduce deaths linked to urban heat island effect - Issue 602
• Answer given by EVP Timmermans to a MEP written question - Commission proposal on e-fuels
• Answer given by Mr Sinkevičius to a MEP written question - Exceeding of PM10 values at the Torchiolo – Don Minzoni monitoring site
• Answer given by Mr Sinkevičius to a MEP written question - The situation of the La Colada reservoir and the pollution of water intended for human consumption in the area

HEALTH, FOOD & PRODUCT SAFETY

• The Court of Justice sets aside the assessment made by the General Court with regard to the impartiality of experts from the European Medicines Agency (EMA)) (See CPR No 108/2023 - Judgment of the Court of Justice in Joined Cases C-6/21 P, C-16/21 P , Germany Vs. Pharma Mar and Commission)
• Council Recommendation on stepping up EU actions to combat antimicrobial resistance in a One Health approach
• Answer given by Ms Kyriakides to a MEP written question - Valuation of ecosystem services in the context of the Nature Restoration Regulation

TRANSPORT & MOBILITY

• EU invests €6.2 billion in sustainable, safe and efficient transport infrastructure - IP/23/3436
• Road safety: Rules on EU-wide driving disqualifications for major traffic offences - see the EP Briefing

DIGITAL & INFORMATION SOCIETY

• Commission Implementing Regulation (EU) 2023/1201 of 21 June 2023 on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council (‘Digital Services Act’)
• Proposal for a Regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU - Mandate for negotiations with the European Parliament, as agreed by the Coreper
• Commissioner Breton in San Francisco to meet with Tech CEOs and discuss EU digital policy enforcement - Midday Express

DATA PRIVACY & CYBERSECURITY

• Every person has the right to know the date of and the reasons for the consultation of his or her personal data (See CPR No 107/2023 - Judgment of the Court of Justice in Case C-579/21- Pankki S)
• EDPS Opinion on the Proposal for a Regulation on standard essential patents and amending Regulation (EU) 2017/1001 - EDPS opinion 26/2023
• French - The CNIL sanctioned CRITEO, which specialises in online advertising, with a fine of EUR 40 million

AREA OF FREEDOM, SECURITY & JUSTICE

• Cross-border investigations by the European Public Prosecutor’s Office (EPPO): Advocate General Ćapeta advises the Court to rule that judicial review in the Member State of the assisting European Delegated Prosecutor should be limited to procedural questions (See CPR No 111/2023 - Opinion of the Advocate General in the Case C-281/22, G. K. and Others)
• Protection of fundamental rights: EU law does not preclude, in principle, a prohibition on a national court raising of its own motion a breach of the obligation to inform a suspect promptly of his or her right to remain silent (See CPR No 106/2023 - Judgment of the Court of Justice in Case C-660/21, K.B. and F.S.)
• Hungary has unduly hindered the possibility of making an asylum application (See CPR No 109/2023 - Judgment of the Court of Justice in Case C-823/21, Commission Vs. Hungary)
• EU-US joint statement following the EU-US Ministerial on Justice and Home Affairs

ECB, EURO & ECONOMY

• Ukraine Recovery Conference: President von der Leyen and EVP Dombrovskis showcase strong EU support with new €50 billion Ukraine Facility and €800 million in agreements to mobilise investment for Ukraine's recovery - IP/23/3350
• Call for evidence - Temporary Support to mitigate Unemployment Risks in an Emergency (SURE) - evaluation - Staff working document - Feedback period : 21 June 2023 - 19 July 2023
• Speech by ECB's Fabio Panetta: Central clearing in turbulent times: frontiers in regulation and oversight
• Navigating liquidity crises in non-banks: An assessment of central bank policies - Research Bulletin - No.108 

EXTERNAL RELATIONS

RUSSIAN INVASION OF UKRAINE

• Ukraine Recovery Conference: President von der Leyen and EVP Dombrovskis showcase strong EU support with new €50 billion Ukraine Facility and €800 million in agreements to mobilise investment for Ukraine's recovery - IP/23/3350
• Commission pays a further €1.5 billion in macro-financial assistance to Ukraine - Midday Express
  
• Answer given by Ms Johansson to a MEP written question - Schengen Regulation shortcomings concerning the treatment and recovery of wounded Ukrainian soldiers
• EU greenlights 11th Russia sanctions package, mostly targeted at stuffing loopholes - Euractiv.com