Europe Daily News, 16 March 2023

COMPETITION

• Judgment of the Court of 16 March 2023 in Case C‑127/21 P, American Airlines Inc., Vs. European Commission, Delta Air Lines Inc.
  Re: Appeal - Regulation (EC) No 139/2004 - Concentrations between undertakings - Air transport market - Concentration declared compatible with the internal market - Commitments entered into by the parties to the concentration - Decision granting grandfathering rights - Concept of ‘appropriate use’
• The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension (See CPR No 46/2023 - Judgment of the Court of Justice in Case C-449/21 Towercast)
• Non-opposition to a notified concentration (Case M.10990 - Westcoast / Komsa)
• Non-opposition to a notified concentration (Case M.10841 - Firmenich International / Koninklije DSM)
• Prior notification of a concentration (Case M.11028 - The Hanwha Group / Daewoo Shipbuilding Marine Engineering)
• Commission clears acquisition of the OFTO Business by DTUK and IRPC (M.11003) - Midday Express
• Commission clears acquisition of Watèa by CAL&F and CFM (M.11053)  - Midday Express
• Austria - AFCA conducts online survey of suppliers to the food trade
• Austria - AFCA applies for a fine to be imposed on two companies in the energy sector concerning submetering
• Belgium - The Competition Authority approves the acquisition of sole control of VK Global NV and its subsidiaries by Sweco Belgium BV
• Greece - Approval of the acquisition by Nestle Hellas of part of ISO-Plus Food Supplements
• Slovakia - AMO SR initiated an administrative proceeding in connection with providing online intermediary services on discount portals in Slovakia

STATE AID

• Opinion of Advocate General Collins of 16 March 2023 in Joined Cases C‑508/21 P and C‑509/21 P, European Commission Vs. Dansk Erhverv (C‑508/21 P) and Interessengemeinschaft der Grenzhändler (IGG) Vs. Dansk Erhverv, European Commission (C‑509/21 P)
  Re: Appeal - State aid - Sale of beverages in non-reusable containers by border shops in Germany to Danish and Swedish residents - Complaint - Exemption from the obligation to collect a deposit on non-reusable containers on condition that the beverages purchased are consumed outside of Germany - Non-charging of VAT on the value of the deposit - Non-imposition of fines – Decision by the Commission not to raise objections - Absence of aid - Directive 94/62/EC - Serious difficulties
  
• Opinion of Advocate General Pitruzzella of16 March 2023 in Case C‑209/21 P, Ryanair DAC Vs. European Commission
  Re: Appeal - State aid - Sweden - COVID-19 - Loan guarantees to support airlines - Decision of the European Commission not to raise objections
• Commission approves €650 million Slovenian scheme to support companies facing increased energy costs in context of Russia's war against Ukraine (SA.105405) - IP/23/1689

TRADE & CUSTOMS

• Judgment of the Court of 16 March 2023 in Joined Cases C‑439/20 P and C‑441/20 P, European Commission Vs. Jiangsu Seraphim Solar System Co. Ltd, Council of the European Union and Council of the European Union Vs. Jiangsu Seraphim Solar System Co. Ltd, European Commission
  Re: Appeal - Dumping - Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China - Implementing Regulation (EU) 2016/2146 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU - Admissibility of the action at first instance - Fourth paragraph of Article 263 TFEU - Criterion of direct concern -  Article 277 TFEU - Plea of illegality  - Admissibility - Interest in bringing proceedings against the acts which served as the legal basis for the contested measure – Regulation (EU) 2016/1036 - Article 8(9) - Regulation (EU) 2016/1037 - Article 13(9) - Consequences of the withdrawal by the European Commission of acceptance of an undertaking - Implementing Regulation (EU) No 1238/2013 - Article 3 - Implementing Regulation (EU) No 1239/2013 - Article 2 - Loss of entitlement to exemption from duties - Implementing Regulation (EU) 2016/2146 - Article 2 - Invalidation of the undertaking invoices – Chargeability of duties on all the transactions concerned - Lack of retroactivity
  
• Agenda for: Working Party on Customs Union - 22 March 2023
• Agenda for: Working Party on Trade Questions - 21 March 2023
• Agenda for: Meeting of EP INTA Committee - 20 & 21 March 2023
• Commission Implementing Regulation (EU) 2023/583 of 15 March 2023 amending Implementing Regulation (EU) 2021/607 imposing a definitive anti-dumping duty on imports of citric acid originating in the People’s Republic of China as extended to imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
• Report from the Commission to the European Parliament and to the Council on the implementation and application of the Trade and Cooperation Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland 1 January – 31 December 2022
• EU/United States Agreement: modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV
• Answer given by EVP Dombrovskis to a MEP written question –
• Uzbekistan brings fresh impetus to WTO membership negotiations
• DDG Zhang welcomes new cohort of interns from developing countries, LDCs at WTO
• The EU is committed to developing the Association Agreement with Algeria - The Maghrebian Economist
• EU-Malaysia relations at risk over colonial legacy claims - The Indian Express

INTERNAL MARKET & INDUSTRY

• Agenda for: Working Party on Technical Harmonisation (Motor Vehicles) - 22 March 2023
• Agenda for: 2nd Meeting of the CEG on CPR Technical Acquis Process - Subgr. 5 - Environmental sustainability of construction products - 23 February 2023
• Single Market Enforcement Taskforce: tackling obstacles to providing cross-border services in renewable energy projects
• EU competitiveness beyond 2030: looking ahead at the occasion of the 30th anniversary of the Single Market - IP/23/1668, QaA & Communication
  - FactSheet: on the 30th anniversary of the Single Market
  - FactSheet: on the Long-term Competitiveness of the EU
• Critical Raw Materials: ensuring secure and sustainable supply chains for EU's green and digital future - IP/23/1661, QaA, FactSheet, JRC Report & Communication
  - The role of trade and external actions
  - Actions on Four Critical Raw Materials
• Public Procurement Data Space: Unlocking the potential of EU public procurement data in Europe - Midday Express

CHEMICAL

• ECHA identifies certain brominated flame retardants as candidates for restriction - ECHA/NR/23/0
• ECHA - The Board of Appeal adopts revised Practice Directions
• Waiting for REACH: The negative impacts of delaying reform of EU chemical laws - See EEB Statement & Report

FINANCIAL SERVICES

• European regulators criticise US ‘incompetence’ over SVB collapse - Critics label handling of Californian lender’s failure a ‘disaster’ and claim Washington is failing to adhere to global rules - Financial Times
• EU to speed up work on rules for failing banks in response to US crisis - Senior policymakers say SVB’s collapse has bolstered case to boost Brussels’ banking union - Financial Times

AGRICULTURE & FISHERIES

• Council (Agriculture and Fisheries) on 20 March 2023.
  - Negotiation of the EU-Mercosur Association Agreement and agricultural implications - Information from the Austrian delegation
  - Regulation on nature restoration: Agricultural and forestry aspects - Information from the Presidency
  - Report from the European Pigmeat Reflection Group - Information from the Commission
  - Updated on the implementation of the agricultural budget
• Agriculture: Commission calls for applications to join the upcoming EU Fertilisers Market Observatory - Midday Express

EMPLOYMENT & SOCIAL POLICY

• €1.2 million from European Globalisation Adjustment Fund to support 300 dismissed workers in Spain - IP/23/1657 & Proposal
• MEPs want to address the current cost of living crisis with a new law to modernise and strengthen national minimum income schemes in EU countries - See the EP Resolution 

ENVIRONMENT & CLIMATE CHANGE

• The Commission’s first action for a twofold failure to fulfil obligations in relation to air pollution is inadmissible (See CPR No 47/2023 - Judgment of the Court of Justice in Case C-174/21; Commission Vs. Bulgaria (Double manquement - Pollution par les PM10))
• Agenda for: Working Party on the Environment - 20 March 2020
• List of voluntary commitments for the Water Action Agenda to be presented by the European Union for the UN 2023 Water Conference (New York, 22-24 March 2023)
• Answer given by Mr Sinkevicius to a MEP written question - The future of paper-based products and fibre recycling in the new packaging waste directive
• EU Cohesion Policy: Commission launches the European Urban Initiative - Midday Express
• Paved surfaces that allow soil to ‘breathe’ may be the best option for urban trees - Issue 597
• Big data modelling can indicate risk of bark beetle attacks in Norway spruce forests - Issue 597
• Agroecological practices may enhance food production by increasing ecosystem services - Issue 597
• Member States set to undermine pollution prevention rules, green NGOs warn - See EEB Statement
• Over 100 organisations call on the European Commission to fully ban PFAS by 2030 - See HEAL Statement

HEALTH, FOOD & PRODUCT SAFETY

• Opinion of Advocate General M. Priit Pikamäe of 16 March 2023 in Case C-47/22,  Apotheke B. Vs. Bundesamt für Sicherheit im Gesundheitswesen (BASG)
  Re: Reference for a preliminary ruling - Pharmaceutical and cosmetic products - Medicinal products for human use - Directive 2001/83/EC - Articles 77, 79 and 80 - Wholesale distribution of medicinal products - Authorization to engage in the activity of a wholesaler of medicinal products - Withdrawal or suspension of the authorization
• EFSA - Mineral oil hydrocarbons in food – have your say on the draft
• EFSA, ECDC, EURL: ongoing avian influenza outbreaks in birds, low risk to the public
• ECDC - Interim analysis of COVID-19 vaccine effectiveness against Severe Acute Respiratory Infection due to SARS-CoV-2 in individuals aged 20 years and older - fourth update
• Mid-term review of the FREIA project: updates and next steps on how novel research is helping identify endocrine disrupting chemicals that harm female reproductive health - See HEAL Statement

DIGITAL  & INFORMATION SOCIETY

• Telecommunications operators may be obliged to provide, upon request from a judicial authority, communication interception operations in return for a fixed rate (See CPR No 48/2023 - Judgment of the Court of Justice in Case C-339/21; Colt Technology Services and Others)

DATA PRIVACY & CYBERSECURITY

• Advocate General Pikamäe: the automated establishment of a probability concerning the ability of a person to service a loan constitutes profiling under the GDPR (See CPR No 49/2023 - Opinion of the Advocate General in cases C-634/21, C-26/22, C-64/22, SCHUFA Holding and Others (Scoring))

AREA OF FREEDOM, SECURITY & JUSTICE

• International Women's Day: an invitation for societies to do better
• MEPs demand the EU boosts clean tech industry and fights human trafficking
• Parliament slams repression and show trials in Belarus - See the EP Resolution

EURO, ECB & ECONOMY

• Orientations for a reform of the EU economic governance framework Council Conclusions
• ECB - Euro area pension fund statistics: fourth quarter of 2022

FUTURE OF EUROPE

• Report by President Charles Michel to the European Parliament plenary session

EXTERNAL RELATIONS

• Speech by Vice-President Maroš Šefčovič on EU-Switzerland relations at the University of Fribourg
• Answer given by the Council to a MEP written question - Designation of the Islamic Revolutionary Guard Corps as a terrorist organisation
• Answer given by the Council to a MEP written question - Türkiye and the alleged use of chemical weapons 
• Answer given by the Council to a MEP written question - Sanctions against Turkey and Turkish entities
• Answer given by HR/VP Borrell to a MEP written question - South African cooperation with Russia

RUSSIAN INVASION OF UKRAINE

• Statement by the HR/VP on behalf of the EU on the alignment of certain third countries concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
• New European Bauhaus: launch of capacity-building programme to start Ukraine's reconstruction - IP/23/1649

BREXIT

• Agenda for: Working Party on the United Kingdom - 17 March 2023
• EU-UK relations: EP assesses Windsor Framework and citizens’ rights - MEPs welcome the deal on the Protocol on Northern Ireland and raise concerns about citizens’ rights, including “pre-settled status” for EU citizens