REGULATORY & GOVERNMENTAL AFFAIRS Noerr EUROPANEWS Issue 32/2018 08 – 12 October 2018 Content LAW ___________________________________________________________________________________________ 1 POLITICS/GENERAL _______________________________________________________________________________ 2 DECISIONS ______________________________________________________________________________________ 3 FROM THE OJEU _________________________________________________________________________________ 3 BRUSSELS INTERN ________________________________________________________________________________ 4 Main Topics General Bank/Insurance/Tax Enviroment Media/Telecom Competition/SA Healthcare Aviation/Transport Foreign Trade Energy Compliance Food/Tobacco LAW for investments in sustainable solutions; develop a strategic
deployment agenda for sustainable food and farming systems; support the development of national and regional bio-economy agendas; implement an EU-wide monitoring system to track progress towards a sustainable and circular bio-economy. CO2 Emission Standards for Cars The Council agreed its general approach on a regulation to set stricter CO2 emission standards for cars and light commercial vehicles. Average CO2 emissions will have to be 15% lower in 2025 and by 2030 new cars will emit on average 35% less CO2 compared to the current standard limits. The first inter-institutional meeting with the European
Parliament and the Commission took place the day after, on 10 October. Council general approach EC Updated Bio-economy Strategy Climate Change The Council adopted conclusions on climate change, which constitutes the basis for the European’s position at the forthcoming COP24 Climate Conference in Poland in December.
Council conclusions Bioeconomy Strategy The EC presented an action plan to develop a sustainable and circular bio-economy, with the aim to improve the sustainable use of renewable resources to address global and
challenges such as climate change and sustainable development. In 2019 the Commission will launch 14 concrete
measures to facilitate the development of new sustainable bio-refineries across Europe; establish a platform Radio Spectrum The EC adopted an Implementing Decision to harmonise the radio spectrum for use by short-range devices in 874876
and 915-921 MHz bands, aiming at satisfying the 1/5 needs of next-generation Radio Frequency Identification devices. Directive on Combating Money Laundering by Criminal Law EC Implementing Decision Intellectual Property Rights The Council endorsed a new EU Action Plan to combat infringements
of intellectual property rights. The plan will cover the years 2018 to 2022. The Commission shall prepare
a roadmap by Spring next year on the implementation of the new action plan.
Business Insolvency Directive The Council reached a general approach on the Directive on insolvency, restructuring and second chance, proposed by the Commission in November 2016. The new directive aims at a more effective and efficient insolvency procedures throughout the EU, amending Directive 2012/30/EU.
The first inter-institutional meeting between negotiators of
the EU institutions
will start soon with a view to reaching an agreement in early 2019. Council general approach – Corrigendum Dual-Use Controls The EC issued draft guidance on best practices for internal compliance programmes for trade in dual-use goods, software and technology. Feedback on the draft guidance can
be submitted by stakeholders until 15 November.
Draft EU Guidance – EC consultation page
Anti-Money Laundering Directive The Council adopted a new anti-money laundering directive,
which introduces the possibility of holding legal entities liable for certain money laundering activities, removes
obstacles to cross-border judicial and policy cooperation and establishes minimum rules on the definition of
criminal offences and sanctions. Once the directive is published
in the EU Official Journal, Member States will have twenty-four months to transpose it into national law. RAPEX Weekly Report The EC published its weekly report for all dangerous consumer products, with the exception of food, pharmaceutical and medical devices.
Weekly Overview Report POLITICS/GENERAL Capacity Allocation & Congestion Management The Agency for the Cooperation of Energy Regulators launched a public consultation on the methodology for pricing intraday cross-zonal capacity. Contributions can be submitted until 30 October. ACER consultation page Banking The European Banking Authority published the periodical update to its Risk Dashboard which summarises the main risks and vulnerabilities in the EU banking sector using quantitative risk indicators. EBA dedicated page Core Capacity Calculation Region The Agency for the Cooperation of Energy Regulators published its decision on the amended proposal from the Core
Capacity Calculation Region TSOs on the Core CCR fallback
Solvency II The European Insurance and Occupational Pensions Authority published technical information on the relevant risk
interest rate term structures with reference to the end of September. EIOPA dedicated page
2/5 DECISIONS Case information EC Decision of 11 October – CK Asset Holdings / CK Infrastructure Holdings / APA EC Decision of 09 October – Carlyle / Investindustrial / B&B Italia / Louis Poulsen / Flos Electric power generation, transmission and distribution; manufacture of gas, distribution of gaseous fuels Manufacture of electric lighting equipment; manifacture of furniture The EC approved the proposed acquisition of joint control over APA which comprises Australian Pipeline Trust (“APT”) and APT Investment Trust (“APTIT”) by CK Asset Holdings Limited (“CKA”) and CK Infrastructure Holdings Limited (“CKI”). Case information The EC approved the acquisition of joint acquisition of B&B Italia, Flos and Louis Poulsen by Carlyle and Investindustrial.
EC Decision of 08 October – Morgan Stanley / VTG EC Decision of 11 October – SK Capital Partners / Schenectady International Group Rental and leasing activities; service activities incidental to land transportation Manufacture of chemicals and chemical products The EC approved the proposed acquisition of Schenectady International Group Inc. (“SI Group”) by SK Capital Partners LP (“SK Group”) through SK Capital’s portfolio company Addivant USA Holdings Corp. Case information The EC approved the acquisition of VTG Aktiengesellschaft (“VTG”) by Warwick Holding GmbH, controlled by Morgan Stanley. Case information EC Decision of 08 October – Tele2 / Com Hem Holding Telecommunications; motion picture, video and television programme distribution EC Decision of 11 October – Bain Capital / Italmatch Chemicals The EC approved the proposed acquisition of Com Hem by Tele2. Case information Manufacture of chemicals and chemical products The EC approved the acquisition of Italmatch Chemicals by Bain Capital. Case information EC Decision of 05 October – Adient / Boeing / JV (Aircraft Seats) EC Decision of 10 October – Lone Star / CaixaBank Assets Manufacture of air and spacecraft and related machinery Real estate activities The EC approved the acquisition of sole control over a portfolio of real estate owned assets (“the Pacific Portfolio”) of BuildingCenter and of ServiHabitat Servicios Immobiliarios, both belonging to CaixaBank, by Lone Star.
The EC approved the creation of a joint ventura by Boeing and Adient. Case information FROM THE OJEU Non-opposition to concentrations Non-opposition to the notified concentration Gauselmann / NOVOMATIC / Spielbank Bad Neuenhar / Spielbank Mainz JV – Case M.8828 has been published. Document 2018/C 370/03 – Case information Non-opposition to the notified concentration STEAG / Siemens / JV STEAG GuD – Case M.8952 has been published.
Document 2018/C 370/02 – Case information 3/5 Non-opposition to the notified concentration Cinven / Generali Lebensversicherung – Case M.9081 has been published.
Document 2018/C 368/02 – Case information
Prior notification of concentrations Prior notification of the concentration Rhone Capital / Maxam – Case M.9105 has been published. Document 2018/C 368/10 – Case information Non-opposition to the notified concentration Magna / Olsa – Case M.8995 has been published. Document 2018/C 368/01 – Case information Prior notification of the concentration EQT / Widex / JV – Case M.8941 has been published. Document 2018/C 368/09 – Case information Non-opposition to the notified concentration ExxonMobil / Qatar Petroleum / ExxonMobil Exploration Argentina / Mobil Argentina – Case M.9101 has been published. Document 2018/C 366/03 – Case information Prior notification of the concentration Liberty Global / De Vijver Media and Liberty Global (SBS) / Mediahuis / JV – Case M.8944 has been published. Document 2018/C 368/08 – Case information Non-opposition to the notified concentration Bregal Unternehmerkapital / trendtours Touristik – Case M.9111 has
Document 2018/C 366/02 – Case information Prior notification of the concentration BC Partners / VetPartners – Case M.9115 has been published.
Document 2018/C 366/08 – Case information Non-opposition to the notified concentration Ryanair / LaudaMotion – Case M.8869 has been published. Document 2018/C 366/01 – Case information Prior notification of the concentration Continental / Aviation Industry Corporation of China / JV – Case M.9075 has
Document 2018/C 366/07 – Case information Non-opposition to the notified concentration Synnex / Convergys – Case M.9063 has been published. Document 2018/C 365/04 – Case information Prior notification of the concentration OEP / Crayon – Case M.9112 has been published. Document 2018/C 365/07 – Case information Non-opposition to the notified concentration Alphabet / ResMed / JV – Case M.8991 has been published. Document 2018/C 365/03 – Case information Prior notification of the concentration Saudi Aramco / Arlanxeo – Case M.9117 has been published.
Document 2018/C 365/06 – Case information Non-opposition to the notified concentration KKR / TPG Asia / KMK / Square Peg / Property Guru – Case M.9114 has been published. Document 2018/C 365/02 – Case information Prior notification of the concentration Delta Electronics / Delta Electronics Thailand – Case M.9048 has been published.
Document 2018/C 362/12 – Case information Non-opposition to the notified concentration Procter & Gamble / Merck Consumer Healthcare Business – Case M.8974 has been published. Document 2018/C 365/01 – Case information Prior notification of the concentration SEGRO / PSPIB / Warehouse – Case M.9119 has been published. Document 2018/C 362/11 – Case information Non-opposition to the notified concentration CEFC / Rockaway
Capital / European Bridge Travel (II) – Case M.9080 has been published. Document 2018/C 362/01 – Case information
BRUSSELS INTERN Emission Stadards for Heavy-duty Vehicles Environment Ministers held a policy debate on the proposed
regulation on CO2 standards for heavy-duty vehicles, such as trucks, buses and lorries. With this regulation,
EU institutions will for the first time make heavy-duty vehicles subject to greenhouse gas emission reduction targets.
delegations shared the views of the Commission proposal. Presidency note Digital Taxation A group of EU Member States (Finland, Sweden, Czech Republic,
Ireland) expressed their concerns on the proposal for a digital tax. The Austrian Presidency of the Council still hopes to reach a compromise on the proposal by the end of the year. Next meeting at the Council is scheduled for 26 October. At the same time, lawmakers of the Economic and Monetary Affairs of the European Parliament suggested increasing the proposed rates from 3% to 5%, widen the scope of 4/5 the directive. The Parliament in plenary is scheduled to vote on the proposal in January. To adopt the directive, the Council needs unanimity after consulting the EP. Internal Marekt for Electricity In view of the third informal trilogue scheduled for 18 October, the Council released the so-called four-column table
updated Presidency’s compromise positions on the proposal for a Directive on common rules for the internal market in electricity. Four-column table On 18 October negotiators of the EU institutions will meet to discuss also the text for a Regulation on the internal market for electricity. Four-column table For suggestions, comments please contact: Noerr LLP Boulevard du Régent 47-48 1000 Brussels Belgium
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Electricity Sector The Council released an updated four-column table in preparation of the second trilogue on the proposal for a regulation on risk-preparedness in the electricity sector, which will repeal Directive 2005/89/EC. Four-column table
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