Europe Daily News, 17 May 2024

COMPETITION

• Prior notification of a concentration (Case M.11241 - EEX / Nasdaq Power)
• Prior notification of a concentration (Case M.11472 - Hydro / Northvolt / Hydrovolt JV)
• Non-opposition to a notified concentration (Case M.11217 - Petronord / Petrocargo / Hemplelmann Witte Möller)
• Commission clears acquisition of Nordic Seed Germany by Agravis Pflanzenbau Holding and Nordic Seed (M.10921) - Midday Express
• The Commission published the public version of its decision to approve Farming tech provider AGCO's and US logistics company Trimble's joint venture (M.11382)
• Belgium - The Competition Authority approves the acquisition of the Gilops group by the Uhoda group
• France - Unannounced inspections in the sectors for the manufacture and distribution of explosives for civil uses and blasting and drilling for quarries and public works
• The Netherlands - ACM: further investigation needed into acquisition of media company RTL by rival DPG
• UK - CMA - Issues Statement - Completed acquisition by Spreadex Limited of the business-to-consumer (B2C) business of Sporting Index Limited

STATE AID

• Opinion of Advocate General Medina of 16 May 2024 in Case C‑697/22 P; Koiviston Auto Helsinki Oy, formerly Helsingin Bussiliikenne Oy Vs. European Commission
  Re: Appeal - State aid - Coach and bus transport - Equipment loan and capital loans granted by the City of Helsinki - Decision declaring the aid incompatible with the internal market and ordering its recovery - Economic continuity - Procedural rights of interested parties - Article 6(1) of Regulation (EU) 2015/1589 - Publication of a supplementary or corrective opening decision - Breach of an essential procedural requirement - Principle of proportionality
  
• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.112704 & SA.109772
• Answer given by EVP Vestager to a MEP written question - Aid under the Temporary Crisis and Transition Framework

TRADE & CUSTOMS

• Opinion of Advocate General Capeta of 16 May 2024 in Joined Cases C‑269/23 P and C‑272/23 P; Hengshi Egypt Fiberglass Fabrics SAE, Jushi Egypt for Fiberglass Industry SAE (C‑269/23 P) Jushi Egypt for Fiberglass Industry SAE (C‑272/23 P) Vs. European Commission
  Re: Appeal - Subsidies - Regulation (EU) 2016/1037 - Agreement on Subsidies and Countervailing Measures of the WTO - Countervailing a financial contribution by a third State in the territory of another third State - Validity
• Agenda for: Working Party on Customs Union - 22 May 2024
• Agenda for: Working Party on Customs Union - 23 May 2024
• Agenda for: Trade Policy Committee (Deputy Members) - 23 May 2024
• Agenda for:  Meeting of the Economic Tariff Questions Group - 13 & 14 June 2024
• Proposal for a Council Regulation amending Regulation (EU) 2021/2283 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products - see the Annex
• Proposal for a Council Regulation amending Regulation (EU) 2021/2278 suspending the Common Customs Tariff duties referred to in Article 56(2), point (c), of Regulation (EU) No 952/2013 of the European Parliament and of the Council on certain agricultural and industrial products - see the Annex
• Investigation concerning possible circumvention of the anti-dumping measures imposed by Commission Implementing Regulation (EU) 2021/1930 on imports of birch plywood originating in Russia, by imports of birch plywood consigned from Türkiye and Kazakhstan
• Notice of initiation of an anti-subsidy proceeding concerning imports of optical fibre cables originating in India (CN code ex 8544 70 00)
• Notice of initiation of an anti-dumping proceeding concerning imports of certain seamless pipes and tubes of iron or steel originating in the People’s Republic of China (CN codes ex 73041910, ex 73041930, ex 73042300, ex 73042910, ex 73042930, ex 73043120, ex 73043180, ex 73043950, ex 73043982, ex 73043983, ex 73045189, ex 73045982 and ex 73045983)
• Commission Delegated Regulation (EU) 2024/1363 of 12 March 2024 amending Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council in order to remove Bhutan from the list of beneficiary countries of the special arrangement for the least-developed countries
• Council Decision (EU) 2024/1334 of 25 September 2023 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic amending the Agreement in the form of an Exchange of Letters between the European Union and the Argentine Republic 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
• Answer given by Mr Wojciechowski to a MEP written question - Durum wheat prices tumbling in Italy – need for restriction on Russian imports
• Tariffs against America Premium content - The EU should not be tempted to respond in kind - Financial Times
• The state handouts that get out of control - There is no effective means of constraining destructive subsidies - Financial Times
• Xi Jinping urged to respond with caution to Joe Biden’s trade tariffs - Beijing advisers call on China’s leader to hold ‘moral high ground’ as spat with US intensifies - Financial Times

INTERNAL MARKET & INDUSTRY

CHEMICAL

• List of authorisation decisions adopted on the basis of Article 64(8) of Regulation (EC) No 1907/2006 (REACH) - Created by GROW.F.1 - Last update: 15 May 2024
• Commission Delegated Regulation (EU) …/... of XXX amending Regulation (EU) No 649/2012 of the European Parliament and of the Council as regards the listing of pesticides and industrial chemicals - Annex
• Commission Regulation (EU) 2024/1328 of 16 May 2024 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexasiloxane (D6)

FINANCE

• Directive of the European Parliament and of the Council on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive (EU) 2019/1937, and amending and repealing Directive (EU) 2015/849
• ESMA Guidelines establish harmonised criteria for use of ESG and sustainability terms in fund names
• ESMA publishes data on markets and securities in the EEA

TAXATION

• Judgment of the Court of 16 May 2024 in Case C‑746/22, Slovenské Energetické Strojárne a.s. Vs. Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
  Re: Reference for a preliminary ruling - Common system of VAT - Detailed rules for the refund of VAT to taxable persons not established in the Member State of refund - Directive 2008/9/EC - Article 20 - Request for additional information made by the Member State of refund - Information to be provided within a one-month period - Discontinuation of the procedure on account of failure by the taxable person to provide additional information within that time limit - Article 23 - Refusal to take account of information provided for the first time in the appeal procedure - Principle of effectiveness - Principle of VAT neutrality - Principle of good administration
• Opinion of Advocate General Rantos of 16 May 2024 in Case C‑184/23; Finanzamt T Vs. S
  Re : Reference for a preliminary ruling - VAT - Sixth Directive 77/388/EEC - Article 2(1) and Article 4(4), second subparagraph - Scope of VAT - Taxable persons - Option for Member States to treat as a single taxable person entities that are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) - Supplies provided for consideration between members of the VAT group - Taxation of such supplies - Recipient of the supply not entitled to deduct VAT - Risk of tax losses
• Opinion of Advocate General Kokott of 16 May 2024 in Case C‑171/23; UP CAFFE d.o.o. Vs. Ministarstvo financija Republike Hrvatske
  Re: Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Scheme exempting small enterprises - Abuse of VAT law by forming a new company - EU law prohibition of abusive practices in the area of VAT law - Direct applicability versus an assessment of the facts carried out on the basis of the economic viewpoint approach

ENERGY

• Report from the Commission - Annual Report from the European Commission on the Safety of Offshore Oil and Gas Operations for the Year 2022
• Statement of President von der Leyen, EVP Šefčovič and Commissioner Simson on the 2nd anniversary of the REPowerEU Plan to phase out Russian fossil fuel imports

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: Working Party on International Environment Issues (Basel Convention) - 23 May 2024
• Public consultation: Carbon Offsetting & Reduction Scheme for International Aviation (CORSIA) – rules for calculating offsetting requirements - Implementing regulation - Feedback period: 16 May 2024 - 13 June 2024
• Regulation of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC
• Report on the operation of the European Climate Law and of the Effort Sharing Regulation, and on the Emissions Trading System Directive in the context of the global stocktake
• Report on the operation of Regulation (EU) 2018/841 ("LULUCF Regulation") pursuant to Article 17(2) as amended by Regulation (EU) 2023/839
• New Environmental Crime Directive comes into force - Midday Express
• Unsustainable exports of waste from the EU to stop as new regulation enters into force - Midday Express
• Public consultation: Trade in seal products – fitness check of EU rules - Evaluation - Feedback period: 15 May 2024 - 07 August 2024
• Answer given by Mr Hoekstra to a MEP written question - Problems in the EU motor industry caused by EU climate policy
• Answer given by Mr Sinkevicius to a MEP written question - Transposition of the directive on reducing the environmental impact of plastic
• Answer given by Mr Hoekstra to a MEP written question - Registration of a company on the F-Gas Portal under Article 20 of Regulation (EU) 2024/573 

EMPLOYMENT & SOCIAL AFFAIRS

• Equal treatment: frontier workers must enjoy the same social advantages as resident workers (See CPR Nº 85/2024 - Judgment of the Court of Justice in Case C-27/23; Hocinx)

DIGITAL & INFORMATION SOCIETY

• Commission compels Microsoft to provide information under the Digital Services Act on generative AI risks on Bing - Midday Express

TRANSPORT & MOBILITY

• Rights of air passengers: the shortage of airport staff for loading baggage which caused a long delay of a flight may constitute an "exceptional circumstance" (See CPR Nº 86/2024 - Judgment of the Court of Justice in Case C-405/23; Touristic Aviation Services)

AREA OF  FREEDOM, SECURITY & JUSTICE

• New EU rules criminalising the violation of EU sanctions enter into force - Midday Express
  
• Answer given by Ms Johansson to a MEP written question - Risk analysis in connection with supply chains for critical infrastructure

FUTURE OF EUROPE

• Dutch far right-led government set for clashes with Brussels - Four-party coalition agrees programme rolling back EU policies on climate, energy and migration - Financial Times

EXTERNAL RELATIONS

• EU mobilises assistance for Gaza via Cyprus Maritime Corridor - IP/24/2632
• Main Results of the European Union Military Committee (EUMC), EU Chiefs of Defence, 15 May 2024
• International Day Against Homophobia, Biphobia and Transphobia: statement by the High Representative on behalf of the EU, 17 May 2024

EU/UK RELATIONS

• Press remarks by EVP Sefcovic following the meetings of the EU-UK Joint Committee and EU-UK Partnership Council
  
• Joint statement by European Commission EVP Šefčovič and UK Foreign Secretary David Cameron
  - Decision No 2/2024 adding a newly adopted Union act to Annex 2 to the Windsor Framework
  - Decision No 1/2024 amending Decision No 1/2023
• Joint Statement on the progress of the EU-UK Agreement in respect of Gibraltar