This regular alert covers key regulatory EU developments related to the COVID-19 situation. It does not purport to provide an exhaustive overview of developments and contains no analysis or opinion.

LATEST KEY DEVELOPMENTS

Competition & State Aid

  • European Commission expresses views on IAG's (aborted) intended acquisition of Air Europa, including in light of impact of COVID-19 restrictions
  • European Commission approves new and amended Member State measures to support the economy

Trade / Export Controls

  • Continued pursuit of US-EU Agenda for Beating the Global Pandemic
  • Joint Declaration published on EU Legislative Priorities for 2022, including the role of trade in building a stronger Europe

Medicines and Medical Devices

  • European Commission agreement with BioNTech-Pfizer to accelerate deliveries of vaccine doses to Member States
  • Update on EMA announcements on medicines and vaccines for treating or preventing COVID-19
  • Council of the European Union publishes political agreement on proposed Regulation on emergency framework regarding medical countermeasures
  • Joint Declaration published on EU Legislative Priorities for 2022, including the building of a strong European Health Union

Cybersecurity, Privacy & Data Protection

  • European Commission adopts rules on validity period of vaccination certificates issued under EU Digital COVID Certificate framework
  • European Commission adopts EU Digital COVID Certificate Equivalence Decisions for Uruguay, Tunisia, Thailand, Taiwan, and Montenegro
  • EBA consults on draft Guidelines on the Use of Remote Customer Onboarding Solutions
  • Council of the European Union publishes political agreement on proposed Regulation on emergency framework regarding medical countermeasures, including data protection-related items
  • Joint Declaration published on EU Legislative Priorities for 2022, including building a Europe fit for the digital age

COMPETITION & STATE AID

Competition

European Commission expresses views on IAG's (aborted) intended acquisition of Air Europa, including in light of impact of COVID-19 restrictions (see here)

On 16 December 2021, the European Commission commented on IAG and Globalia's decision to abandon their proposed agreement for IAG to acquire Air Europa (see here). In Spain, IAG is the largest airline (including ownership of Iberia and Vueling), and Air Europa is the third largest airline.

The Commission had opened an in-depth investigation into the proposed transaction on 29 June 2021. The Commission confirmed its view that discussions with the companies and the proposed

Competition Commissioner and Executive Vice-President Margrethe Vestager stated: "IAG and Air Europa are ... key providers of connectivity between Spain, the rest of Europe and Latin America....The in-depth analysis carried out during the phase II investigation indicated that the merger would have negatively affected competition on some domestic, short-haul and longroutes within, to and from Spain."

In particular, Commissioner Vestager indicated the Commission's position that its "assessment fully took into account the impact of covid restrictions on the markets affected. Competitive transport markets offer connectivity with a wide offering of affordable flights. This should be preserved for when demand returns fully and travelling picks up once again."

State Aid

European Commission approves new and amended Member State measures to support the economy (see here and here)

Since the onset of the coronavirus outbreak, the Commission has adopted a significant number of State aid measures under Article 107(2)b, Article 107(3)b and under the Temporary Framework.

The Temporary Framework, adopted in March 2020, is currently applicable until 30 June 2022.

  • €7.5 million Greek scheme to support companies in Mantoudi-LimniSt. Anna and Istiaia-Aidipsos in the context of the coronavirus outbreak.
  • €9 million Latvian rent compensation scheme to support companies in the context of the coronavirus outbreak.
  • €6 million Italian scheme to support Calabrian airports in the context of the coronavirus outbreak.
  • €4 million Slovenian scheme to support micro-enterprises in the context of the coronavirus outbreak.
  • €12.7 million Belgian scheme to support Walloon airports in the context of the coronavirus outbreak.
  • €800,000 Romanian scheme to support sport clubs in the municipality of Sfântu Gheorghe in the context of the coronavirus outbreak.
  • €64 million Latvian wage subsidy scheme to support employers, selfemployed individuals and patent fee payers in the context of the coronavirus outbreak.
  • €10 million Italian scheme to support entertainment agencies and tourist villages in the context of the coronavirus outbreak.
  • €2 million Italian scheme to support management bodies of speleological sites and caves in the context of the coronavirus outbreak.
  • €49 million Polish scheme to support Poczta Polska in the context of the coronavirus outbreak.
  • €23.74 million Belgian scheme to support the commercial passenger and freight rail operators in the context of the coronavirus outbreak.
  • €50 million Latvian scheme to support shopping and sports centers, cultural, recreational and entertainment sites in the context of the coronavirus outbreak.
  • €3.6 million Greek scheme to support port authorities affected by the coronavirus pandemic.
  • €10.3 million Romanian scheme to support airport operators in the context of the coronavirus pandemic.
  • €71.4 million Portuguese aid measure to further support TAP Air Portugal in the context of the coronavirus pandemic.
  • €88 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Cargo due to the coronavirus outbreak.
  • €9.8 million Belgian measure to recapitalize Brussels South Charleroi Airport in the context of the coronavirus outbreak.
  • €2.55 billion Portuguese restructuring aid in favor of TAP Group and €107 million compensation for damages suffered due to coronavirus pandemic.
  • €125,000 Lithuanian tax deferral scheme to support businesses affected by the coronavirus pandemic.
  • €25.5 million Flemish scheme to support companies affected by the coronavirus pandemic.

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