REGULATORY & GOVERNMENTAL AFFAIRS
04 08 June 2018
LAW___________________________________________________________________________________________ 1 POLITICS/GENERAL _______________________________________________________________________________ 3 DECISIONS______________________________________________________________________________________ 3 FROM THE OJEU _________________________________________________________________________________ 4 BRUSSELS INTERN ________________________________________________________________________________ 5
Healthcare Aviation/Transport Foreign Trade
EU Telecoms Framework
The Council and the European Parliament reached a political agreement on the proposal for a Directive establishing the European Electronic Communications Code (recast). The new Code aims to enhance the deployment of 5G networks by ensuring the availability of 5G radio spectrum by end of 2020; facilitate the roll-out of high capacity fixed networks by making rules for co-investment more predictable and ensure that international calls within the EU will not cost more than 19 cents per minute, promoting comparison of contractual offers. The text needs to be fully adopted by the European Parliament and the Council, most likely this Autumn. Then Member States will have two years to transpose the Code into national law. The agreed text will be available soon.
Presidency text EP report
Free Flow of non-Personal Data
The Committee on Internal Market of the European Parliament adopted the report on the proposal for a Regulation on a framework for the free flow of non-personal data. The June plenary will endorse the text and the mandate to start negotiations with the Council. The first trilogue meeting is scheduled for 14 June. The proposal focuses on preventing any Member State from imposing territorial restrictions or prohibitions on the storage or any other processing of non-personal data anywhere within the EU. Any restrictions would be allowed on an exceptional basis, where justified on imperative grounds of public security. The adopted text will be available soon.
The Council agreed a general approach on the proposed Cyber-security Act Regulation. The proposal will transform the current European Agency for Network and Information Security (ENISA) into a permanent EU agency and will create an EU-wide cyber-security certification framework for specific ICT processes, products and services. Certification will be voluntary unless otherwise specified in EU law or Member States' law. Trilgoue negotiations will start after the EP has decided on its position, most likely in Autumn.
Council compromise proposal
Audio-visual Media Services
The EP and the Council confirmed the preliminary political agreement reached last April on the revised rules on audio-visual media services. The text will be formally endorsed by the two institutions in Autumn. Following the adoption and the publication in the EU Official Journal, Member States will have 21 months to transpose the new directive into their national legislation. The current directive will continue to apply until the revised directive enters into force. The new rules will strengthen the country of origin principle, extend the European audio-visual rules to video-sharing platforms and ensure more flexibility in television advertising. The agreed text will be available soon.
Four-column table on the proposal for a revised AVMS Directive
The EC presented its proposal to establish the Digital Europe Programme for the period 2021-2027, with more investments in key digital capacities such as artificial intelligence, high-performance computing, cyber-security. The Commission is also proposing to increase the budget for the digital infrastructure projects under the Connecting Europe Facility.
EC proposal for a Regulation establishing the Digital Europe Programme Annexes EC proposal for a Regulation establishing the Connecting Europe Facility Annex
Competition in Air Transport
The Council adopted a general approach on the proposed regulation on safeguarding competition in air transport. The proposal was presented by the Commission in June 2017 and aims to ensure fair competition between EU airlines and third-country carriers. Any redressive measures in the form of financial duties would be adopted by a Commission implementing act; while traffic rights are excluded as a possible redressive measure.
The text needs to be approved by both the Council and the EP. The EP adopted its position in March 2018; interinstitutional negotiations can now start.
Council general approach
The Council decided not to object to a Commission regulation supplementing Directive 2015/849 on money laundering with regulatory technical standards on the criteria for the appointment of central contact points for electronic money issuers and payment service providers. The regulation can now enter into force, unless the EP objects.
Commission delegated regulation supplementing Directive 2015/849
The Council reached a partial general approach on the Directive on insolvency, restructuring and second chance. The deal covers the articles of titles III (Discharge of debts and disqualifications), IV (Measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt) and V (Monitoring of procedures).
Council partial general approach
The College of Commissioners endorsed the decision to impose additional duties on the list of US products notified to the WTO. The Commission plans to conclude the procedure by the end of June, in order for the new duties to be in force in July.
EU list of products for rebalancing
The EC adopted a delegated act updating the annex of the so-called Blocking Regulation (Regulation 2271/96) and of the European Investment Bank's External Lending Mandate. The EP and the Council have two months to object to these measures before they enter into force. If no objection is raised, the updated acts will be published and will enter into force. The International Trade Committee of the European Parliament will debate the act on 20-21 June. The European Commission hopes that the update can come into force before the first set of US sanctions are due to be re-imposed on 7 August.
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
REGULATORY & GOVERNMENTAL AFFAIRS
04 08 June 2018
Competition Dialogue EU-Mexico
The European Commissioner for Competition and the Mexican competition authority signed a framework for dialogue on competition policy issues. The arrangement provides for the exchange of information on competition laws and policies, focusing on multilateral initiatives and advocacy efforts; coordination of the enforcement activities and cooperation on technical matters.
EC dedicated page
The European Insurance and Occupational Pensions Authority published technical information on the symmetric adjustment of the equity capital charge for Solvency II with reference to the end of May.
EIOPA dedicated page
The Authority also published technical information on the relevant risk free interest rate term structures with reference to the end of May.
EIOPA dedicated page
The European Banking Authority published its final draft amended Implementing Technical Standards on supervisory disclosure.
EBA final Report
Digitalisation of Energy Markets
The Council of European Energy Regulators published its Report on Smart Technology Development, which identifies emerging trends, technologies and business models in the energy sector.
CEER Work Programme
The Council of European Energy Regulators launched a public consultation on its 3D Strategy and Work Programme for 2019. Contributions can be submitted until 10 August.
CEER dedicated page
Gas Transmission Systems
The Agency for the Cooperation of Energy Regulators launched a public consultation to collect information for its decision for the selection of a single booking platform at the German-Polish border. Contributions can be submitted until 27 June.
ACER dedicated page
EC Decision of 06 June Onex / Vista / Severin Topco
Computer programming, consultancy and related activities
The EC approved the acquisition of joint control over Severin Topco LLC by Vista Private Equity ("Vista") and Onex Corporation ("Onex"). Case information
EC Decision of 05 June HG Capital / TA Associates / Access
Computer programming, consultancy and related activities
The EC approved the acquisition of joint control over the Access Group ("Access") by HgCapital LLP ("Hg") and TA Associated L.P. ("TA"). Case information
EC Decision of 04 June Goodyear / Bridgestone / Tirehub
Wholesale trade of motor vehicle parts and accessories
The EC approved the creation of the joint venture TireHub LLC by Goodyear Tire & Rubber Company ("Goodyear") and Bridgestone Corporation ("Bridgestone"). Case information
EC Decision of 04 June Platinum Equity / LifeScan
Manufacture of medical and dental instruments and supplies
The EC approved the acquisition of control over LifeScan Inc. by Platinum Equity. Case information
EC Decision of 01 June AEA Investors / BCI / Springs
Manufacture of furniture; wholesale of household goods
The EC approved the acquisition of joint control over SIWF Holdings, Inc. ("Springs") by AEA Investors LP ("AEA") and British Columbia Investment Management Corporation ("BCI"). Case information
EC Decision of 01 June Altor Funds / Trioplast Industrier
Manufacture of plastics products
The EC approved the acquisition of Trioplast Industrier by Altor Funds. Case information
EC Decision of 01 June ABB / General Electric Industrial Solutions
Manufacture of electrical equipment; electricity, gas, steam and air conditioning supply
The EC approved the acquisition of General Electric Industrial Solutions ("GEIS") by ABB Asea Brown Boveri Ltd ("ABB"). Case information
FROM THE OJEU
Non-opposition to concentrations
Non-opposition to the notified concentration AEA Investors / BCI / Springs Case M.8918 has been published. Document 2018/C 196/03 Case information
Non-opposition to the notified concentration 3i Group / Deutsche Alternative Asset Management / Attero Holding Case M.8902 has been published. Document 2018/C 196/02 Case information
Non-opposition to the notified concentration Total / Engie (Part of Liquefied Natural Gas Business) Case M.8771 has been published. Document 2018/C 195/03 Case information
Non-opposition to the notified concentration Platinum Equity / LifeScan Case M.8887 has been published. Document 2018/C 195/02 Case information
Non-opposition to the notified concentration One Equity Partners / Walki Holding Case M.8914 has been published. Document 2018/C 193/03 Case information
Non-opposition to the notified concentration OTTP / Carlyle / European Camping Group Case M.8899 has been published. Document 2018/C 189/02 Case information
Prior notification of concentrations
Prior notification of the concentration Phoenix PIB Austria / Farmexim and Help Net Farma Case M.8922 has been published. Document 2018/C 196/12 Case information
Prior notification of the concentration Silver Lake / ZPG Case M.8957 has been published. Document 2018/C 196/11 Case information
Prior notification of the concentration Francisco Partners / VeriFone Case M.8928 has been published. Document 2018/C 195/13 Case information
Prior notification of the concentration BPEA / PAI / WFC Case M.8954 has been published. Document 2018/C 195/12 Case information
Prior notification of the concentration Malakoff Mederic / Ilmarinen Case M.8931 has been published. Document 2018/C 193/09 Case information
Prior notification of the concentration Sumitomo Corporation / Sumitomo Mitsui Financial Group / Sumitomo Mitsui
Finance and Leasing Company Case M.8927 has been published. Document 2018/C 189/06 Case information
EU Telecommunications Ministers held a policy debate on the proposal for a regulation concerning the respect for private life and the protection of personal data in electronic communications. The new rules will repeal Directive 2002/58/EC. The Council still needs to reach a common position, while the European Parliament adopted its report and negotiating mandate last October.
Presidency compromise text Progress report
Agency for the Cooperation of Energy Regulators
EU Energy Ministers are expected to agree a general approach on the regulation on the EU Agency for the Cooperation of Energy Regulators (ACER) during the Council meeting of 11 June. The new rules will assign specific tasks to the Agency.
Draft general approach
Clean Energy Package
The Presidency of the Council will brief Energy Ministers on 11 June on the latest developments in the negotiations with the European Parliament on three proposals of the Clean Energy Package: the proposal for a regulation on the governance of the Energy Union; the proposal for a directive on the promotion of the use of energy from renewable sources and the proposal for a directive on energy efficiency. The Bulgarian Presidency hopes to reach a general agreement by the end of its term in June. However, a number of outstanding issues still remain to be agreed such as on energy efficiency, the issue of the level and nature of the 2030 EU target and the energy savings obligations; on renewables the level of the binding target and the formal on contributions by Member States.
Presidency note on the state of play
Electriciy Market Design
The trilogue meeting between representatives of the European Parliament, the Council and the European Commission on the proposal for a regulation on the internal market for electricity is planned for the coming weeks of June.
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Commercial News June 2018