Europe Daily News, 29 November 2024

COMPETITION

• Non-opposition to a notified concentration (Case M.11736 - Carlyle / Seidor Solutions and Logistics)
• Non-opposition to a notified concentration (Case M.11796 - Australiansuper / Digitalbridge / Swiss Life / DBUPH)
• Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT. 40728 – Corning
• Commission withdraws its guidance on Article 22 merger referrals for certain cases - Midday Express
• Belgium - Notification CONC-CCS-24/0039 Groupe Maurin / TB NV et NB NV
• France - The Autorité de la concurrence clears, subject to the divestiture of 11 stores, the acquisition of 200 former Casino group stores by the Intermarché group
• Germany - Taking over employees may be subject to merger control in Germany – Bundeskartellamt not competent to review Microsoft/Inflection transaction as Inflection has no substantial operations in Germany
• Greece - Unannounced inspections conducted by the HCC in the pet food sector
• Iceland : Festi hf.: Settlement with the Icelandic Competition Authority which includes acknowledgement of breach of settlement and payment of fines
• Romania - The Competition Council carried out an unannounced inspection at the headquarters of the National Institute of Hydrology and Water Management (NIHWM) as part of the investigation into a possible abuse of a dominant position on the market for the provision of hydrological data.

STATE AID

• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU- Cases where the Commission raises no objections – SA.115887, SA.115242, SA.115571 & SA.111060
• Commission approves €590 million Bulgarian State aid scheme to support investments in electricity storage to foster the transition to a net-zero economy (SA.114306) - Midday Express
• Commission approves €1.9 billion German State aid in favour of DB Cargo conditional on implementation of restructuring plan (SA.50952)

TRADE & CUSTOMS

• Judgment of the Court of 28 November 2024 in Joined Cases C‑129/23 and C‑567/23, BG Technik cs a.s. Vs. Generální ředitelství cel,
  Re: Reference for a preliminary ruling - Customs union - Common Customs Tariff - Combined Nomenclature - Classification of goods - Tariff heading 8703 - Motor cars and other motor vehicles principally designed for the transport of persons - Tariff heading 8713 - Carriages for disabled persons - Regulation (EC) No 718/2009 - Implementing Regulation (EU) 2021/1367 - SELVO 4800 vehicle - C  ‘disabled persons’
• Agenda for: Working Party on Customs Union - 04 December 2024
• Agenda for: Trade Policy Committee (Generalised System of Preferences (GSP)) - 04 December 2024
• Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain prepared or preserved sweetcorn in kernels originating in Thailand (CN codes ex 2001 90 30 and ex 2005 80 00)
• Council Decision (EU) 2024/2955 of 21 November 2024 on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, with regard to a decision concerning the amendment of Protocol 2 to that Agreement as regards permeability between the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and the Transitional rules of origin
• Council Decision (EU) 2024/2957 of 21 November 2024 on the position to be adopted on behalf of the European Union within the Joint Committee established by the Agreement between European Economic Community and the Swiss Confederation, with regard to a decision concerning the amendment of Protocol 3 to that Agreement as regards permeability between the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and the Transitional rules of origin
• Council Decision (EU) 2024/2968 of 21 November 2024 on the position to be adopted on behalf of the European Union within the Joint Committee established by the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, with regard to a decision establishing the general requirements for proofs of origin issued electronically under Article 17(4) of Appendix A to Protocol 3 to that Agreement
• WTO - Committee reviews farm policies, discusses food security, technology transfer, transparency

INTERNAL MARKET & INDUSTRY

• Main results - Competitiveness Council (Internal market & Industry), 28 November 2024
• EU and Japan launch negotiations for association to Horizon Europe - Midday Express
• New Eurobarometer survey shows record high trust in the EU in recent years

FINANCE

• Commission provides further clarifications on the EU taxonomy for sustainable economic activities - See the FaQ
• Wise rebuked by European watchdog over money laundering controls - Regulatory review in 2022 found fintech lacked proof of address for hundreds of thousands of customers - Financial Times

TAXATION

• Judgment of the Court of 28 November 2024 in Case C‑622/23, rhtb: projekt gmbh Vs. Parkring 14-16 Immobilienverwaltung GmbH
  Re: Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Article 2(1)(c) - Scope - Taxable transactions - Contract for services for the carrying out of a building project - Termination of the contract by the customer - Concept of ‘remuneration’ - Characterisation - Obligation to pay the total amount agreed after deduction of the costs saved by the supplier - Article 73 - Taxable amount
• Special report 27/2024: Combatting harmful tax regimes and corporate tax avoidance - The EU has established a first line of defence, but there are shortcomings in the way measures are implemented and monitored
• Electronic VAT exemption certificate package - Political agreement
  - Council Directive amending Directive 2006/112/EC as regards the electronic value added tax exemption certificate - Political agreement
  - Council Implementing Regulation amending Implementing Regulation (EU) No 282/2011 as regards the electronic value added tax exemption certificate - Political agreement
• Viva la ViDA! - What does VAT in the Digital Age mean for business and Member States?

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: 30th Meeting of the “Multi-Stakeholder Platform on Protecting and Restoring the World’s Forests” (Deforestation) - 06 December 2024
• Commission sets intermediate gas storage filling targets for 2025 to ensure secure supplies and market stability - Midday Express
• Answer given by Mr Hoekstra to a MEP written question - The impact of the Russian merchant fleet on port safety

HEALTH, FOOD & PRODUCT SAFETY

• EPSCO Council (Health) on 3 December 2024.
  - Council Recommendation on smoke-and aerosol-free environments replacing Council Recommendation 2009/C 296/02 (legal basis proposed by the Commission: Article 168(6) TFEU) - Statement by the Czech Republic
  - Draft Council conclusions on enhancing organ donation and transplantation - Statement by the Republic of Austria and Croatia
  - Voluntary Cooperation of Member States on Joint Procurement of Medicinal Products - Information from Cyprus, Croatia, Denmark, Greece, Latvia, Malta and Slovenia
  - Necessary reforms in the Medical Device and In vitro Diagnostic Medical Device Regulations: priorities / main points - Information from Croatia, Finland, France, Germany, Ireland, Luxembourg, Malta, Romania and Slovenia
  - Health sector as a key part of the future Preparedness Union Strategy: - Information from Finland on behalf of Croatia, Cyprus, Estonia, Finland, Germany, Latvia, Luxembourg, Malta and Spain
  - Draft council conclusions on strengthening women’s and girls’ mental health by promoting gender equality - Approval

DATA PRIVACY & CYBERSECURITY

• EDPB Reply to the letter from the AI Office on the EDPB statement on the role of data protection authorities (DPAs) in the Artificial Intelligence Act Framework
• Polish SA: administrative fine of 330 000 € for a medical company after a hacker attack
• Polish SA: administrative fine of 2 500 € for the way of collecting the data
• Polish SA: administrative fine of 210 € for failure to notify personal data breach to supervisory authority
• Polish SA: administrative fine of 54 600 € for failure to implement appropriate technical and organisational measures to ensure a level of security
• Polish SA: fine of 9 300 € for Independent Public Health Care Centre after hacker attack
• EDPS - Mini video series: Oral history of data protection - Towards Convention 108

AREA OF FREEDOM, SECURITY & JUSTICE

• Judgment of the Court of 28 November 2024 in Case C‑398/23, PT, intervening party: Sofiyska gradska prokuratura
  Re: Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in criminal matters - Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime - Framework Decision 2004/757/JHA - Articles 4 and 5 - Framework Decision 2008/841/JHA - Articles 3 and 4 - National legislation not implementing EU law - Article 51(1) of the Charter of Fundamental Rights of the European Union - Right to information in criminal proceedings - Directive 2012/13/EU - Articles 1 and 6 - Right of a person to be informed of the charges against him or her- Effective judicial protection - First paragraph of Article 47 and Article 52(1) of the Charter of Fundamental Rights - Criminal proceedings against several persons - Agreement for settlement of the case entered into by one of the defendants and the public prosecutor - Consent of the other defendants
• The European Parliament and the European Public Prosecutor’s Office (EPPO) endorsed a working arrangement to facilitate and clarify procedures and exchanges of information

ECB, EURO & ECONOMY

• Main results - General Affairs Council (Cohesion) - 28 November 2024
• ECB Consumer Expectations Survey results – October 2024
• ECB announces changes to the Eurosystem collateral framework to foster greater
• ECB - Norway joins TIPS, adding Norwegian krone to Eurosystem’s instant payment service

INSTITUTIONAL AFFAIRS

• The European Council today appointed by written procedure the European Commission for the period from 1 December 2024 to 31 October 2029.

EXTERNAL RELATIONS

• Global Alliance for the Implementation of the Two-State Solution: opening remarks by High Representative/Vice-President Josep Borrell
• Hong Kong: Speech by HR/VPJosep Borrell at the EP plenary on the cases of Jimmy Lai and the 45 activists recently convicted under the application of national security law
• Israel/Lebanon: Statement by the High Representative on behalf of the European Union on the ceasefire agreement
• MEP urge the international community to take swift and decisive action to address the alarming escalation in Russia’s war of aggression against Ukraine - See the Resolution
• Due to significant irregularities, MEPs reject the outcome of the recent parliamentary elections in Georgia and call for them to be re-run within a year - See the Resolution
• The European Parliament adopted three resolutions on human rights issues in Hong Kong, Iran and Cambodia