Europe Daily News, 21 February 2024 | Mayer Brown

COMPETITION

• Prior notification of a concentration (Case M.11395 - Mytilineos / Volterra)
• Prior notification of a concentration (Case M.11440 - Clearlake / Insight / Alteryx)
• Non-opposition to a notified concentration (Case M.11408 - SPIE / Robur)
• Non-opposition to a notified concentration (Case M.11438 - AVI / Atairos / NNS UK / V Sports)
• Commission approves joint venture between Orange and MásMóvil in Spain, subject to conditions (M.10896) - IP/24/928
• Slovak Republic: AMO starts an investigation in the field of building new optical networks on power line poles and access to them

STATE AID

TRADE & CUSTOMS

• Judgment of the General Court of 21 February 2024 in Case T‑762/20, Sinopec Chongqing SVW Chemical Co. Ltd, established in Chongqing (China), Sinopec Great Wall Energy & Chemical (Ningxia) Co. Ltd, established in Lingwu (China), Central-China Company, Sinopec Chemical Commercial Holding Co. Ltd, supported by Wegochem Europe BV, intervener, Vs. European Commission supported by European Parliament, by Council of the European Union, by Kuraray Europe GmbH, and by Sekisui Specialty Chemicals Europe SL
  Re: Dumping - Imports of certain polyvinyl alcohols originating in China - Definitive anti-dumping duty - Implementing Regulation (EU) 2020/1336 - Calculation of the normal value - Significant distortions in the exporting country - Article 2(6a) of Regulation (EU) 2016/1036 - WTO law - Principle of consistent interpretation - Adjustments - Non-refundable VAT – Functions similar to those of an agent acting on a commission basis - Fair comparison of the export price and the normal value - Burden of proof - Article 2(10)(b) and (i) of Regulation 2016/1036 - Non-cooperation - Facts available - Article 18 of Regulation 2016/1036 - Double application - Punitive application - Different production processes - Price undercutting - Market segments - Product control number method - Article 3(2) and (3) of Regulation 2016/1036 - Rights of the defence - Confidential treatment - Articles 19 and 20 of Regulation 2016/1036
• Judgment of the General Court of 21 February 2024 in Case T‑764/20, Anhui Wanwei Updated High-Tech Material Industry Co. Ltd, Inner Mongolia Mengwei Technology Co. Ltd, supported by Wegochem Europe BV, intervener Vs. European Commission supported by European Parliament, by Council of the European Union, by Kuraray Europe GmbH and by Sekisui Specialty Chemicals Europe SL
  Re: Dumping - Imports of certain polyvinyl alcohols originating in China - Definitive anti-dumping duty - Implementing Regulation (EU) 2020/1336 - Calculation of the normal value - Significant distortions in the exporting country - Article 2(6a) of Regulation (EU) 2016/1036 - WTO law - Principle of consistent interpretation - Price undercutting - Market segments - Product control number method - Article 3(2) and (3) of Regulation 2016/1036 - Rights of the defence - Confidential treatment - Articles 19 and 20 of Regulation 2016/1036
• Draft report by MEP Markéta Gregorovà - Proposal for a Regulation of the European Parliament and of the Council on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part - Amendments 3
• Notice of the expiry of certain anti-dumping measures (Chamois leather - The People’s Republic of China - Anti-dumping duty - Regulation (EU) 2019/297 - 22.2.2024)
• EU-Kenya: Main Body - General provisions, trade in goods, fisheries, agriculture, economic and development cooperation, institutional provisions, dispute avoidance and settlement, general exceptions, general and final provisions updated on 20 February 2024
  - Annexes III a & b - EPA development matrix 11 September 2015, development benchmarks, targets and indicators updated on 20 February 2024
  - Annexes I & II - Customs duties on products originating in the EAC partner state(s), customs duties on products originating in the EU updated on 20 February 2024
• EU-Japan Economic Partnership Agreement - Factsheet on market access updated on 20 February 2024
• List of FDI screening mechanisms notified by Member States updated on 16 February 2024
• EU wins WTO compliance action against US in ripe olives dispute - IP/24/923
• WTO panel issues ruling on US compliance with Spanish olive duties ruling
• India on verge of inking FTA with EU as 7th round of talks underway

INTERNAL MARKET & INDUSTRY

FINANCE

• MiFIR and MiFID II: Council adopts new rules to strengthen market data transparency
• The EBA consults on the new framework for the business indicator for operational risk as part of the implementation of the EU Banking Package
• The EBA consults on amendments to the operational risk Pillar 3 and supervisory reporting requirements to implement the Basel III reforms in the EU

TAXATION

AGRICULTURE & FISHERIES

• The General Court dismisses an action brought against registration of the name ‘Halloumi’ as a protected designation of origin (See CPR Nº 31/2024 - Judgment of the General Court in Case T-361/21 - Papouis Dairies and Others Vs. Commission)
• Plant protection products: the identification of certain risks associated with the use of insecticides does not preclude the renewal of the approval of an active substance (See Nº 30/2024 - Judgment of the General Court in Case T-536/22 - PAN Europe Vs. Commission)

ENERGY

• Proposal for a Regulation of the European Parliament and of the Council on the internal markets for renewable and natural gases and for hydrogen (recast) - Letter sent to the Chair of the European Parliament Committee on Industry, Research and Energy (ITRE)
• European Parliament resolution on the Commission delegated regulation of 28 November 2023 amending Regulation (EU) No 2022/869 of the European Parliament and of the Council as regards the Union list of projects of common interest and projects of mutual interest
• CEER - Report on Regulatory Frameworks for European Energy Networks 2023

ENVIRONMENT & CLIMATE CHANGE

• Air quality: Council and Parliament strike deal to strengthen standards in the EU - see the EP Statement
• Answer given by Mr Hahn to a MEP written question - National levies on plastic packaging
• Answer given by Mr Breton to a MEP written question - Is the Commission doing everything it can to ban non-essential uses of PFAS?
• Opinion by MEP Maria Spyraki on the Proposal for a regulation of the European Parliament and of the Council on preventing plastic pellet losses to reduce microplastic pollution

HEALTH, FOOD & PRODUCT SAFETY

• Agenda for: Standing Committee on Plants, Animals, Food and Feed
  - Section: "Novel Food and Toxicological safety of the food chain" - 23 February 2024 & 27 February 2024
• EFSA - Scientific Opinion - Safety evaluation of the food enzyme asparaginase from the genetically modified Aspergillus niger strain AGN
• EFSA - Reasoned Opinion - Updated reasoned opinion on the toxicological properties and MRLs for the benzimidazole substances carbendazim and thiophanate‐methyl
• EFSA - Technical Report - Outcome of the consultation with Member States, the applicant and EFSA on the pesticide risk assessment for pinoxaden in light of confirmatory data

DIGITAL & INFORMATION SOCIETY

• Commission presents new initiatives for digital infrastructures of tomorrow - IP/21/941, QaA & FactSheet
• EU's latest assessment on cybersecurity of communications infrastructure puts forward recommendations to mitigate risks

AREA OF FREEDOM, SECURITY & JUSTICE

• Equality bodies: Council agrees on final text to strengthen their role across the EU

ECB, EURO & ECONOMY

• Halfway through its lifetime, the Recovery and Resilience Facility continues to deliver across the EU through ambitious reforms and investments - IP/24/943
• European Commission issues €7 billion in its 2nd syndicated transaction of 2024 - IP/24/921
• ECB - Euro area monthly balance of payments: December 2023
• ECB - Consolidated financial statement of the Eurosystem - 16 February 2024
• Aggregate uncertainty, HANK, and the ZLB - ECB Working Paper Series No.2911
• The nonlinear effects of banks’ vulnerability to capital depletion in euro area countries - ECB Working Paper Series No.2912
• The unequal impact of the 2021-22 inflation surge on euro area households - Research Bulletin No.116

EXTERNAL RELATIONS

• How Europe should negotiate with Donald Trump - He is obsessed with money but his record suggests he doesn’t always drive a hard bargain - Financial Times

RUSSIAN INVASION OF UKRAINE

• Judgment of the General Court of 21 February 2024 in Case T‑117/22, Grodno Azot AAT, Khimvolokno Plant, Vs. Council of the European Union
  Re: CFSP - Restrictive measures adopted in view of the situation in Belarus - Freezing of funds - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion and maintenance of the applicant’s name on the lists - Concept of ‘support for the regime’ - State-owned enterprise - Error of assessment
• Answer given by Ms McGuinness to a MEP written question - Sanctions on Russian LNG and natural gas imports
• Danone plans to sell Russian operations to Chechnya-linked businessman - Move comes seven months after Putin ordered seizure of French food group’s local operations - Financial Times

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