Europe Daily News, 13 June 2024

COMPETITION

• Prior notification of a concentration (Case M.11542 - KKR / Encavis)
• Prior notification of a concentration (Case M.11572 - VTTI / Shell / Dragon LNG)
• Prior notification of a concentration (Case M.11519 - Cogne Acciai Speciali / Mannesmann Stainless Tubes)
• Non-opposition to a notified concentration (Case M.11433 - Süwag / Alterric / JV)
• Non-opposition to a notified concentration (Case M.10921 - Agravis Raiffeisen / Danish Agro / Nordic Seed Germany)
• Commission Decision (EU) 2024/1665 of 12 June 2024 transferring the monitoring and enforcement of commitments made binding in Case M.6447 - IAG / bmi to the designated national competition authority of the United Kingdom pursuant to Article 95(2) of the EU-UK Withdrawal Agreement
• Commission clears creation of joint venture by ABB and Niedax (M.11589) - Midday Express
• Commission sends Statement of Objections to Alchem over first pharmaceutical cartel case in the EU (AT.40636)
• Italy - Antitrust: AGCM has launched an investigation for alleged anti-competitive agreement in tenders issued by Ama
• Luxembourg - Unannounced inspections in the pharmaceutical and parapharmaceutical sectors

STATE AID

• Judgment of the Court of 13 June 2024 in Case C-40/23 P, European Commission, Vs. Kingdom of the Netherlands
  Re: Appeal - State aid - Law prohibiting the use of coal for the production of electricity - Early closure of a coal-powered power plant - Award of compensation - Decision declaring the measure compatible with the internal market without stating whether State aid exists - Exercise of the European Commission's powers
• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.112450
• Communication from the Commission – Approval of the content of a draft Commission Regulation amending Commission Regulation (EU) No 1408/2013 on the application of Articles 107 and 108 of the TFEU to de minimis aid in the agriculture sector
• Commission opens in-depth State aid investigation into German measures to support local bus transport operator WestVerkehr (SA.55744)

TRADE & CUSTOMS

• Judgment of the Court of 13 June 2024 in Case C-104/23; A GmbH & Co KG v Hauptzollamt B
  Re: Preliminary reference - Customs Union - Common Customs Tariff - Classification of goods - Combined Nomenclature - Tariff heading 9406 00 - Prefabricated buildings - Scope of the concept of 'building' - Calf pens - Application for classification under subheading 9406 00 80 - Classification granted under subheading 3926 90 97
  
• Agenda for: Trade Policy Committee (Full Members) - 20 June 2024
• Agenda for: Trade Policy Committee (Generalised System of Preferences (GSP)) - 18 June 2024
• Proposal for a Council Decision on the position to be taken on behalf of the European Union within the Partnership Committee established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and its Member States, of the one part, and the Republic of Armenia, of the other part, regarding the adoption of the Mediation Mechanism, Rules of Procedure and Code of Conduct for dispute settlement procedures on trade and trade related matters - see the Annex
• Evaluation and Executive summary of the EU-China Customs Cooperation 2004-2024, as laid down in the Customs Cooperation and Mutual Administrative Assistance Agreement (CCMAA) and subsequent Strategic Frameworks on Customs Cooperation
• Trade barriers has been removed from exports of French and Irish beef to Republic of Korea
• EU Fact Sheets: Trade regimes applicable to developing countries - EPRS Briefing
• Critical raw materials act - EPRS Briefing
• WTO - The sixth review of the trade policies and practices of Iceland takes place on 12 and 14 June 2024
• CCCEU Statement on the EC's pre-disclosure of provisional countervailing duties to be imposed on imports of battery electric vehicles from China

INTERNAL MARKET & INDUSTRY

• Commission Delegated Regulation (EU) 2024/1681 of 6 March 2024 supplementing Regulation (EU) No 305/2011 of the European Parliament and of the Council by establishing classes of performance in relation to the resistance to fire of construction products
• Commission Delegated Regulation (EU) 2024/1682 of 4 March 2024 amending Regulation (EU) 2019/1009 of the European Parliament and of the Council as regards adding processed manure as a component material in EU fertilising products

FINANCE

• Retail investment package: Council agrees on its position
• ESMA publishes latest edition of its newsletter - 12 June 2024

TAXATION

• Judgment of the Court of 13 June 2024 in Case C-533/22; SC Adient Ltd & Co KG v Agenţia Naţională de Administrare Fiscală, Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Ploieşti - Administraţia Judeţeană a Finanţelor Publice Argeş
  Re: Reference for a preliminary ruling - Taxation - Common system of VAT - Directive 2006/112/EC - Article 44 - Implementing Regulation (EU) No 282/2011 - Article 11(1) - Place of supply of services - Concept of 'fixed establishment' - Ability, in terms of human and technical resources, to receive and use the services for its own purposes - Services of manufacturing seat covers for motor vehicles performed by one company on behalf of another company, belonging to the same group and established in another Member State
  
• Judgment of the Court of 13 June 2024 in Case C-696/22, C SPRL Vs. Administrația Județeană a Finanțelor Publice (AJFP) Cluj, Direcția Generală Regională a Finanțelor Publice (DGRFP) Cluj-Napoca
  Re: "Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Article 64(1) and (2) - Applicability - Services of administrators and liquidators - Services provided on a continuous basis - Article 168(a) - Deduction of input VAT - Expenditure relating to the right to use a business name - Rights of the defence - Right to be heard
• First Session of the Ad Hoc Committee to Draft Terms of Reference for a United Nations Framework Convention on International Tax Cooperation (New York, 26 April - 8 May 2024) - Information by the Presidency

ENERGY

• Council Decision (EU) 2024/1677 of 30 May 2024 on the approval of the withdrawal of the European Atomic Energy Community from the Energy Charter Treaty
• Naftogaz Ukraine gets €400 000 EIB technical assistance grant for decarbonisation drive
• Bulgaria to get energy boost with EIB-NEK deal on new hydropower plants

ENVIRONMENT & CLIMATE CHANGE

• Council (Environment) meeting on 17 June 2024
  - Proposal for a Regulation on circularity requirements for vehicle design and onmanagement of end-of-life vehicles – Information from the Presidency
  
• Agenda for: Meeting of the Commission expert group on climate change policy - 24 June 2024
• Agenda for: 104th meeting of the Competent Authorities for Biocidal Products (Regulation (EU) No 528/2012) - 19 & 20 June 2024
• Fourth session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-4) (Ottawa, Canada, 23 - 29 April 2024) - Information from the Presidency and the Commission
• Portugal: EIB signs advisory agreement with BPI and Santander to promote green investment

AGRICULTURE & FISHERIES

• Scientific Symposium "Sharing experiences and perspectives on front-of-pack nutrition labelling systems" (Brussels, 25 April 2024) - Information from the Presidency

DIGITAL, DATA PRIVACY & CYBERSECURITY

• Opinion of Advocate General Jean Richard de La Tour of 13 June 2024 in Case C-80/23, Criminal proceedings against V.S., in the presence of Ministerstvo na vatreshnite raboti, Glavna direktsia za borba s organiziranata prestapnost
  Re: Reference for a preliminary ruling - Protection of individuals with regard to the processing of personal data - Directive (EU) 2016/680 - Person under investigation - Police recording of personal data - Sensitive data - Biometric and genetic data - Enforcement - Objectives of prevention and detection of criminal offences - Resolution of the ongoing investigation - Comparison with personal data collected in the context of other investigations - Judgment of 26 January 2023, Ministerstvo na vatreshnite raboti (Recording of biometric and genetic data by the police) (C-205/21, EU: C:2023:49) - Interpretation of the judgment of the Court - Obligation to interpret in conformity - Article 10 - Article 6(a) - Assessment of the 'absolute necessity' of the processing of sensitive data by the competent authorities - Conditions - Review
• Report from the Multistakeholder Expert Group on the GDPR evaluation - 11 June 2024
• Commission sends request for information on illegal content and protection of minors to Pornhub, XVideos and Stripchat under the Digital Services Act - Midday Express
• The ENISA expands its support to EU CSIRTs for Coordinated Vulnerability Disclosure and is now authorised as a Common Vulnerabilities and Exposures (CVE) Numbering Authority
• Noyb - Google Chrome's new 'privacy feature' is an invasive ad tracking too - see the Complaint with the Austrian data protection authority

AREA OF FREEDOM, SECURITY & JUSTICE

• Stateless persons of Palestinian origin registered with UNRWA should, in principle, be granted refugee status if UNRWA's protection or assistance is considered to have ceased (See CPR Nº 100/2024 - Judgment of the Court of Justice in Case C-563/22, Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite)
• Asylum policy: Hungary is ordered to pay a lump sum of 200 million euros and a penalty payment of 1 million euros per day of delay for failure to comply with a judgment of the Court of Justice (See CPR Nº 99/2024 - Judgment of the Court of Justice in Case C-123/22, Commission Vs. Hungary)
• EU law on combatting violence against women enters into force - Midday Express
• Remarks by VP Schinas and Commissioner Ylva Johansson on the Common Implementation Plan

ECB, EURO & ECONOMY

• The Commission approves a preliminary assessment of Spain's fourth payment request under the Recovery and Resilience Facility
• Commission endorses positive preliminary assessment of Croatia's fifth payment request for €821.7 million under the Recovery and Resilience Facility
• Burn now or never? Climate change exposure and investment of fossil fuel firms - ECB Working paper Sreries No.2945
• ECB - The international role of the euro, June 2024

EXTERNAL RELATIONS

• EU report shows growing focus on national security in Macao
• Annual EU report illustrates continuous deterioration of fundamental freedoms in Hong Kong
• Georgia: Statement by the Spokesperson on the continued acts of intimidation, threats and assaults on civil society

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