Europe Daily News, February 22, 2024 | Mayer Brown

competition

• CNotice from the Commission – Commission Notice on the Definition of the Relevant Market in European Union Competition Law
• PAdvance Notice of Concentration (Case M.11483 – MSD Hospitality/Ark Capital/Auberge Resorts)
• PPrior notification of concentration (Case M.11411 – BPIFrance / Meridiam / Exoes)
• PAdvance notice of concentration (Case M.11463 – Mavanakht / Westfa)
• aAustria – Roerdorfer/Asamel merger: BWB applies for review in cartel court

state aid

• JJudgment of the Court of 22 February 2024 in combined actions C-701/21 P and C-739/21 P.Mytilinaios AE – Omilos Epicheirison vs. Dimosia Epicheirisi Ilektrismou AE (DEI) and the European Commission
  Re: Appeals – State aid – Article 107 TFEU – Concept of “aid” – Advantages – Private investor test – Arbitral awards determining electricity tariff reductions – Attribution of arbitral awards to States – Regulation (EU) 2015 /1589 – Article 4(2) – Decision declaring that this measure does not amount to aid
• CRomania’s state aid plan of 37.6 million euros to support tomato and garlic producers approved for inaction against the backdrop of Russia’s war against Ukraine (SA.112600) – Midday Express
• CInaction approves €240 million Danish state aid plan to support production of strategic goods to accelerate the transition to a net-zero economy (SA.110777) – Midday Express

trade and customs

• aAgenda: Working Group on the Customs Union – 26 February 2024
• aAgenda: Working Group on the United Kingdom – 23 February 2024
• aAgenda: Trade Policy Committee (Vice Members) Meeting – February 22, 2024
• aAgenda: 5th Japan-EU EPA Regulatory Cooperation Committee Meeting – February 27, 2024
• CNotice of omission regarding the application of the Regional Convention on Pan-European Mediterranean Preferential Rules of Origin or the Protocol on Rules of Origin Providing for Diagonal Accumulation between the Parties to this Convention
• MAgenda – Third meeting of the Trade Expert Committee on Public Procurement Under the EU-UK Trade and Cooperation Agreement – 16 November 2023
• EU-Kenya EPA
  – Annex VI – Joint Declaration of the Parties on Economic Development Cooperation in this Agreement
  – Annex V – Trade and sustainable development
  – Annex IV – Joint Declaration on States establishing a Customs Union with the European Union
  – Annex III a and b – EPA Development Matrix, September 11, 2015, Development Benchmarks, Goals and Indicators
• EU-Kenya Agreement – Protocol on Mutual Administrative Assistance in Customs Matters 1
• JStatement on trade and sustainable development by the EU and the Republic of Kenya
• JStatement on rules of origin by the EU and the Republic of Kenya
• SStudy confirms EU trade brings new commercial opportunities for EU agricultural exporters – IP/24/1001 and JRC study
• UUkraine and Moldova: Council adopts negotiating mandate to renew suspension of import duties and quotas
• UK – Trade Remedies Bureau recommends extending steel safeguard measures until 2026
• UK – Trade Remedies Bureau begins review of transition to Chinese chamois leather
• WTO – officially Haiti accept Fisheries subsidy agreement accepted

internal market and industry

• F4th Clean Transition Dialogue chaired by Vice-President Šefčović to discuss ways to strengthen the EU’s critical raw materials sector – Midday Express
• ○President von der Leyen’s written communication at the cleantech industry dialogue
• ZAlland commits to providing clearer information to consumers following EU measures – IP/24/948

CHemical

• aAgenda: Meeting of REACH Committee – February 29, 2024

finance

• JJudgment of the Court of 22 February 2024 in Case C-660/22. Ente Cambiano società cooperativa per azioni v Agenzia delle Entrate
  Re: Reference to preliminary ruling – Article 63 TFEU – Free movement of capital – Directive 2008/7/EC – Cooperative credit banks whose net assets exceed prescribed thresholds – Payment to the bank of an amount equal to 20% of their net assets Domestic law requiring transfer of banking services to a company limited by shares and net assets in exchange for shares in that company – Article 94(c) of the Rules of Court Procedure – Statement of reasons justifying the need for a response from the court Demand Tribunal – Purely Internal Affairs – Unacceptable
• TUK and EU financial services division has limits – London and Brussels should cooperate more on regulation – Financial Times

agriculture and fisheries

• DEnmark and Sweden pressure Brussels to stand up to Britain in fishing dispute – Copenhagen claims London’s ban on sand eel fishing on Dogger Bank discriminates against its fishing fleet – Financial Times

environment and climate change

• PrEuropean Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury of 17 May 2017 with respect to dental amalgam and other mercury-added products subject to manufacture, import and sale. Against the rules of the association.Export Restrictions – Letter to the EP ENVI Committee Chairman
• COmission invests over €233 million in strategic environment and climate projects across Europe – IP/24/949, QaA
• InvestEU supports Nordic Investment Bank’s €50 million loan to expand wind power capacity in Finland – IP/24/890
• CChairman Sinkevicius discusses European Green Deal and key legislative files under negotiation in Czech Republic – Midday Express
• aMr Hoekstra’s response to MEP’s written question – Article 18(2) of the draft Regulation of the European Parliament and of the Council on Fluorinated Greenhouse Gases
• TEurope’s aging wind farms are a problem – As thousands of turbines approach retirement, owners must decide whether to invest in upgrades or walk away from a vital source of clean energy – Financial Times

Health, food and product safety

• aAgenda: Working Group on Public Health (European Health Data Space) – 28 February 2024
• MMedical equipment: Board approves new measures to prevent shortages
• FFood industry warns ‘non-EU’ labeling will discourage investment in UK – Post-Brexit requirements will increase costs for UK manufacturers, Food and Drink Federation says – Financial Times

transport and mobility

• SKeeping roads and workers safe: Congress and Congress sign interim agreement on the regulation of non-road mobile machinery

Data privacy and cyber security

• aAccording to Advocate General Priit Pikamäe, databases containing personal data may be sold in enforcement proceedings under certain conditions, even if the data subject has not consented to the sale (CPR No 35/2024 – Opinion of the Advocate General in the CPR). Case C-693/22 – I. – Principles of Community Law)

A realm of freedom, security and justice

• TThe decision to partially register the European Citizens Initiative (ECI) “Cohesion Policy for Regional Equality and Local Cultural Sustainability” was upheld following the dismissal of Romania’s appeal (CPR No 34/2024 – See the Court’s decision) Case C-54/22 P – Romania v. Commission Justice)
• TTaking into account parenting time completed in other Member States when calculating pensions for complete incapacity to work (see CPR) No 33/2024 – Judgment of the Court of Justice in the case C-283/21 – German Federation)
• Citizenship: It is against the EU for a Member State to refuse to issue an identity document that acts as a travel document in addition to a passport solely on the basis that its nationals reside in another Member State. Law (see CPR) No 32/2024 – Judgment of the Court of Justice in the case C-491/21 – Instructions to prove administrator rights to date)

ecb, euro, economy

• COmission supports positive preliminary assessment of Lithuania’s request for a second €360 million payment under the Recovery and Resilience Facility* – IP/24/947
• Ccommunication From the European Commission: “Strengthening the EU through ambitious reforms and investments”
• RRecovery and Restore Function – REPowerEU – fact sheet

the future of europe

• PPossible items University agenda from February 27 to April 23, 2024
• Presponse statement President von der Leyen and Swedish Prime Minister Kristersson

external relations

• Tgoy-5th Annual Report According to Article 8(2) of Council Common Opinion 2008/944/CFSP defining common rules governing the export control of military technology and equipment
• Sstatement Announcement by HR/Vice President Borrell on behalf of the EU on the alignment of certain countries to Council Decision 2024/383 on restrictive measures in view of activities that undermine stability and political transition in Sudan (CFSP)
• TEuropean Commission appoints ‘Sandra Bartelt’ as new Chief Advisor for the G7 and G20 Sustainable Development Agenda in the Directorate-General for International Partnerships
• TEuropean Commission appoints Didier Verset as new Director-General for International Partnerships
• JOint Press Statement Following the 8th Association Council Meeting between the EU and Georgia
• aanswer HR/Vice President Borrell responds to written questions from MEPs – EU Space Strategy for Security and Defense

Russia’s invasion of Ukraine

• EUS agrees to first sanctions on Chinese and Indian companies related to war with Russia – Sanctions on nearly 200 organizations aim to “degrade” Russia’s ability to attack Ukraine – financial times
• RUS lifts Western sanctions on natural gas projects, shipments near – Two Arctic LNG plants completed with Chinese aid, Beijing becomes the largest importer of Russian gas – financial times

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