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COMPETITION
- Judgment of the Court of 09 November 2023 in Case C-746/21 P, Altice Group Lux Sàrl Vs. European Commission, Council of the European Union
Re: Appeal – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Plea of illegality – Article 4(1) – Prior notification obligation for concentrations – Article 7(1) – Concentration standstill obligation – Scope – Concept of the ‘implementation’ of a concentration – Article 14(2) – Decision imposing fines for implementing a concentration before its notification and clearance – Obligation to state reasons- Principle of proportionality – Unlimited jurisdiction - Prior notification of a concentration (Case M.11341 – BFM / SP / Brasol)
- Prior notification of a concentration (Case M.11232 – Petronord Scandinavia / PS Energi)
- Non-opposition to a notified concentration (Case M.11069 – Kubikx / Veroo / 9.5 Ventures / Heylog)
- Non-opposition to a notified concentration (Case M.11275 – Macquarie / Enel / Green Power Hellas)
- Non-opposition to a notified concentration (Case M.11167 – Alimentation Couche-Tard / Totalenergies (Belgium – Luxemburg – Germany))
STATE AID
- According to Advocate General Pitruzzella, the judgment of the General Court on ‘tax rulings’ adopted by Ireland in relation to Apple should be set aside (See CPR No 171/2023 – Opinion of the Advocate General in the Case C-465/20 – Commission Vs. Ireland and Others) – Financial Times
- Commission approves €60 million Dutch State aid scheme to support companies in the context of Russia’s war against Ukraine (SA.108788) – Midday Express
TRADE & CUSTOMS
- Agenda for: 651st meeting of the Export Credits Group – 22 November 2023
- Agenda for: Customs Business Group (CBG) on UCC Gum Project – 5th December 2023
- Commission Delegated Regulation (EU) /… amending Delegated Regulation (EU) 2022/1636 as regards the messages concerning excise goods being exported under suspension of excise duty
- Decision No 1/2023 of the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 19 October 2023 on the procedure for the conclusion of a service level agreement
- Decision No 2/2023 of the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 19 October 2023 on the amount and modalities of the financial contribution to be made by the United Kingdom of Great Britain and Northern Ireland to the general budget of the Union in respect of the cost generated by its participation in the European Information Systems
- Decision No 3/2023 of the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 19 October 2023 laying down implementing rules for provisions relating to recovery assistance of the Protocol on administrative cooperation and combating fraud in the field of value added tax and on mutual assistance for recovery of claims
- Decision No 4/2023 of the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 19 October 2023 on standard forms for the communication of information and statistical data, the transmission of information via the Common Communication Network and the practical arrangements for the organisation of contacts between central liaison offices and liaison departments
- WTO – Timely food market information is key amid crises, agriculture group says
- WTO – The 5h review of the trade policies and practices of Chinese Taipei takes place on 7 and 9 November 2023
- A forward-thinking approach to open strategic autonomy: Navigating EU Trade dependencies and risk mitigation – see ECIPE Policy Brief
INTERNAL MARKET & INDUSTRY
- Failure of a Member State to fulfil obligations: Sweden is ordered to pay € 8 500 000 for late transposition of the amended Firearms Directive (See CPR No 170/2023 – Judgment of the Court of Justice in Case C-353/22 – Commission Vs. Sweden)
- Car manufacturers must make vehicle identification numbers available to independent operators (See CPR No 168/2023 – Judgment of the Court of Justice in Case C-319/22 – Gesamtverband Autoteile-Handel)
CHEMICAL
- Judgment of the Court of 9 November 2023 in Case C‑558/21 P, Global Silicones Council, Wacker Chemie AG, Momentive Performance Materials GmbH, Shin-Etsu Silicones Europe BV, Elkem Silicones France SAS, Vs. European Commission, Federal Republic of Germany, United Kingdom of Great Britain and Northern Ireland, European Parliament, Council of the European Union, ECHA, American Chemistry Council Inc. (ACC)
Re: Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Registration, evaluation, authorisation and restriction of chemicals – Annex XVII – Updating – Restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles – Restrictions concerning octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) – Persistent, bioaccumulative and toxic substances – Very persistent and very bioaccumulative substances – Unacceptable risks - Judgment of the Court of 9 November 2023 in Case C‑559/21 P, Global Silicones Council, Dow Silicones UK Ltd, Elkem Silicones France SAS, Evonik Operations GmbH, Momentive Performance Materials GmbH, Shin-Etsu Silicones Europe BV, Wacker Chemie AG Vs. ECHA, Federal Republic of Germany, European Commission, American Chemistry Council Inc. (ACC)
Re: Appeal – Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 (REACH Regulation) – Entry of octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexasiloxane (D6) in that list – Persistent, bioaccumulative and toxic substances (PBT) – Very persistent and very bioaccumulative substances (vPvB) – Bioaccumulation – Bioconcentration factor – Organo-metals - Judgment of the Court of 9 November 2023 in Case C‑293/22 P, Chemours Netherlands BV Vs. ECHA, Kingdom of the Netherlands, ClientEarth, ClientEarth AISBL, CHEM Trust Europe eV
Re: Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 57(f) – Substances of very high concern – Identification – Conditions – Serious effects on health or the environment – Equivalent level of concern – 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides – Identification as a substance fulfilling the criteria for inclusion in Annex XIV to that regulation
FINANCIAL SERVICES
- Commission Delegated Regulation (EU) /… supplementing Regulation (EU) No 1093/2010 of the European Parliament and of the Council with regard to regulatory technical standards specifying the materiality of weaknesses, the type of information collected, the practical implementation of the information collection and the analysis and dissemination of the information contained in the Anti-money laundering and counter terrorist financing (AML/CFT) central database referred to in Article 9a(2) of that Regulation
- Methodology and transparency at heart of MEPs’ discussions on regulation on ‘ESG’ rating agencies – See the Draft report by MEP Aurore Lalucq (Amendment 98-518)
- The EBA consults on draft regulatory technical standards on liquidity requirements and on draft Guidelines on liquidity stress testing of relevant issuers of tokens, under MiCAR
- The EBA consults on the reporting of transactions with asset-referenced tokens and e-money tokens denominated in a non-EU currency under MiCAR
- The EBA consults on draft Guidelines on recovery plans for issuers of asset-referenced tokens and e-money tokens under MiCAR
- The EBA consults on draft technical standards on own funds requirements and stress testing of issuers under MiCAR
- The EBA consults on draft technical standards on supervisory colleges under MiCAR
- The EBA consults on Guidelines on complaints handling by credit servicers
AGRICULTURE & FISHERIES
- Agenda for: Working Party on Forestry – 05 December 2023
- Implementation and uptake of CAP Strategic Plan interventions in their first year – Exchange of views
ENERGY
- Answer given by Ms Simson to a MEP written question – Truth behind the reported sharp increase in imports of Russian liquefied natural gas
ENVIRONMENT & CLIMATE CHANGE
- Air quality: Council ready to start talks with Parliament on new rules to strengthen standards in the EU
- Twelfth meeting of the Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity (Geneva, Switzerland, 12–16 November 2023) – First EU coordination
- First meeting of the Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information on Genetic Resources (Geneva, Switzerland, 14–18 November 2023) – First EU coordination
- Tenth Session of the Plenary of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES-10) (Bonn, Germany, 28 August – 2 September 2023) – Statements by the EU and its Member States
- Speech by Commissioner Hoekstra on the “global climate action agenda” at the University of Nairobi, Kenya
- Answer given by Mr Sinkevicius to a MEP written question – The establishment of a tariff quota for tropical tuna loins for the years 2024 and 2025
- Urgent need to consider how to best use biomass in Europe – See EEA Report
HEALTH, FOOD & PRODUCT SAFETY
EFSA
- Efficacy of a feed additive consisting of Bacillus subtilis FERM BP‐07462, Enterococcus lactis FERM BP‐10867 and Clostridium butyricum FERM BP‐10866 (BIO‐THREE®) for chickens for fattening and reared for laying, turkeys for fattening and reared for breeding, and all avian species for rearing/fattening or reared for laying/breeding (TOA BIOPHARMA Co., Ltd.)
- Safety of a change in specifications of the novel food oleoresin from Haematococcus pluvialis containing astaxanthin pursuant to Regulation (EU) 2015/2283
- EFSA Pilot Project on NAMs for the hazard assessment of nanofibers. Lot 2: ‘Exploring the use of gut‐on‐a‐chip models for risk assessments of nanofibers’
- Safety of the extension of use of 2′‐fucosyllactose (2′‐FL) as a novel food pursuant to Regulation (EU) 2015/2283
- Risks for animal health related to the presence of ochratoxin A (OTA) in feed
- Pest survey card on the Gonipterus scutellatus species complex
- Scientific opinion on the tolerable upper intake level for folate
- Annual Report of the Scientific Network on BSE‐TSE 2023
DIGITAL & INFORMATION SOCIETY
- Combating illegal content on the Internet: a Member State may not subject a communication platform provider established in another Member State to general and abstract obligations (See CPR No 167/2023 – Judgment of the Court of Justice in Case C-376/22 – Google Ireland and Others)
- Commissioner Breton in China to discuss Europe’s de-risking agenda and engage on major digital and industry files – Midday Express
- Commission sends requests for information to TikTok and YouTube under the Digital Services Act – Midday Express
- Beuc-Ecta Joint Statement on the Future of EU telecoms Regulation
- New UK online harms rules must work in concert with EU – Where the laws have different scope, it’s important that implementing them does not create conflicts for companies – Financial Times
DATA PRIVACY & CYBERSECURITY
AREA OF FREDDOM, SECURITY & JUSTICE
- According to Advocate General Jean Richard de la Tour, the discriminatory measures adopted against Afghan women by the Taliban regime amount, on account of their cumulative effect, to persecution (See CPR No 172/2023 – Opinions of the Advocate General in joined cases C-608/22, C-609/22, Bundesamt für Fremdenwesen und Asyl and Others)
- Unfair term in a consumer credit contract secured by the family home: the court must assess the proportionality between the seller or supplier’s power to demand the whole of the loan and the seriousness of the consumer’s non-compliance (See CPR No 169/2023 – Judgment of the Court of Justice in Case C-598/21 – Všeobecná úverová banka)
- European digital identity: Council and Parliament reach a provisional agreement on eID
- Commission welcomes final agreement on EU Digital Identity Wallet – IP/23/5651 & QaA
- EU Court of Justice: two judges and an advocate-general reappointed
- Brussels seeks answers from Spain on divisive Catalan amnesty plan – Justice commissioner presses Madrid for details on move to end prosecution of separatists as anger boils over at protests – Financial Times
ECB, EURO & ECONOMY
- Agenda for: Economic and Financial Affairs Council – 09 November 2023
- Main results of the Eurogroup – 08 November 2023 – See Remarks by Paschal Donohoe and by Commissioner Gentiloni
- Macroeconomic dialogue with the social partners on 8 November 2023
- Happy anniversary, BLS – 20 years of the euro area bank lending survey – Economic Bulletin Issue 7, 2023
- The drivers of recent developments in business activity expectations across sectors – Economic Bulletin Issue 7, 2023
- Spillovers to the euro area from recent negative inflation in China – Economic Bulletin Issue 7, 2023
- Interview with Luis de Guindos, Vice-President of the ECB, conducted by Albina Kenda
- Speech by Philip R. Lane: Central bank liquidity: a macroeconomic perspective
- ECB – Payments statistics: first half and second half of 2022
- Draghi delivers downbeat outlook for EU economic growth – Bloc is falling behind its global counterparts, says former ECB president – Financial Times
FUTURE OF EUROPE
- Speech by President von der Leyen and Report by President Charles Michel at the EP Plenary on the conclusions of the European Council meeting of 26-27 October 2023
EXTERNAL RELATIONS
ENLARGEMENT
- Turkey clashes with EU over stance on Hamas – President Erdoğan has described group behind October 7 attack on Israel as a ‘liberation’ movement – Financial Times
RUSSIAN INVASION OF UKRAINE
- UK sanctions oil trader Paramount and others over Russia ties – Emirates-based businesses among 29 entities subject to measures aiming to stem funding for Ukraine war – Financial Time
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