Brussels Brief - November 9, 2007
November 9, 2007
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KEY DEVELOPMENTS
Air Transport: Commission Proposes Using Passenger Data to Fight Terrorism
Philip Torbøl
Following the conclusion in July of an agreement with the United States on the transfer of passenger data to US authorities, the European Commission has proposed that the European Union itself make use of passenger data in its fight against terrorism and organised crime. The system proposed by the Commission is very similar to the one in place in the United States. It requires that airlines flying to and from the European Union transmit 19 specific pieces of data from the so-called Passenger Name Record of each passenger to an authority yet to be defined. For privacy reasons, the data to be transmitted excludes any sensitive information such as ethnic origin, political or religious beliefs, trade union membership or health.
Defence: Proposed Amendment to the Framework Decision on Combating Terrorism
Chen Dingsheng
The European Commission has proposed an amendment to the Council Framework Decision on combating terrorism. The proposed amendment would harmonise Member State provisions on public incitement to commit a terrorist offence and recruitment and training for terrorist acts, so that these forms of behaviour could be punishable even when committed through the internet. It is also intended to ensure that the existing provisions on penalties, the liability of legal persons and the jurisdiction and prosecution applicable to terrorist offences also apply to such forms of behaviour.
Mergers: Commission Clears Proposed Acquisition of Numico by Danone, Subject to Conditions
Mélanie Bruneau
The European Commission has approved the acquisition of the Dutch company Numico by the French group Danone. Danone is a worldwide company focusing on two core activities: bottled water and fresh dairy products. As Danone and Numico are both major suppliers of baby food and baby milk products, the Commission focused on the competitive effects of the proposed merger in these markets. The Commission concluded that it had serious doubts as to the compatibility of the proposed transaction with the single market. To address the Commission’s concerns, Danone committed to divest Numico's baby milk and drink business in France, Danone's baby meals, milk, snacks and drink activities in Belgium and Danone's baby meal and snacks activities in the Netherlands. In light of these commitments, the Commission found that effective competition would not be impeded in the European Economic Area or any substantial part of it.
Mergers: Commission Clears Deutsche Bahn-EWS Transaction on Conditions
Yannis Virvilis
The European Commission has cleared the acquisition of English, Welsh & Scottish Railway Holdings (EWS) by the German railway company Deutsche Bahn, subject to conditions. EWS is active in freight transport services in the United Kingdom, and has recently expanded its activities in France. The Commission found that, although the parties do not have overlapping activities, the concentration might pose competitive risks in France where Deutsche Bahn might have less incentive to pursue EWS’s expansion plans. The Commission decided to clear the transaction following commitments by Deutsche Bahn to fulfil EWS’s expansion plans in France and to provide fair and non-discriminatory access to EWS’s training activities and maintenance facilities in the same market.
Energy: EU and US Set to Strike Biofuels Deal
Kate DaSilva
The first meeting of the EU-US Transatlantic Economic Council takes place in Washington DC on 9 November 2007. During this meeting, the European Union and the United States intend to agree upon common standards for trading biofuels with a view to increasing EU-US trade and investment. The Council aims to harmonise standards and reduce obstacles to business cooperation in areas varying from intellectual property rights to accounting and financial markets. The biofuels agreement is principally concerned with opening the European market for jatropha, a shrub found in tropical and subtropical climates that some producers claim to be one of the world’s most suitable biodiesel crops. Under a 2003 EU Directive, 5.75 per cent of transport fuel, excluding aviation fuel, must come from biofuels by 2010, a target which is due to rise to 10 per cent by 2020.
VAT: Proposal for Harmonised VAT Regime for Energy Products
Elena Kostadinova
The European Commission has adopted a proposal for the amendment of the VAT Directive with regard to, amongst other things, VAT on energy products. The Commission proposes to extend the VAT scheme for natural gas currently applicable to supplies and imports via the distribution system, to the supply and import of natural gas by all types of pipeline and by vessels transporting natural gas. The same rules would apply to the supply and import of heat or refrigeration via heat and/or refrigeration networks. The proposal also simplifies the procedure whereby EU Member States may apply a reduced VAT rate to the supply of natural gas, electricity and district heating. To be adopted, the proposal must be accepted unanimously by the EU Council.
Trade: Business Dialogue Opens Between the European Union and Israel
Patricia Armesto
The EU-Israel Business Dialogue was launched on 1 November 2007. The Dialogue includes 20 European and Israeli business leaders, plus the Vice President of the European Commission, Günter Verheugen, and Israel’s Minister of Industry, Trade and Labour, Eliyahu Yishai. The format of the Dialogue is similar to “business-to-business” dialogues between the European Union and India, Japan, Russia and the United States. Its aim is to strengthen EU-Israel economic relations, remove barriers to trade and investment, and enhance cooperation and joint ventures. The first meeting took place in the framework of the Israeli Prime Minister’s Conference for Export and International Cooperation, held in Tel Aviv.
Energy: Commission Signs Declaration for Energy Cooperation With Jordan
Geert Dierickx
In the context of the Energy Security Conference, the European Commission has signed a joint declaration on priorities for cooperation in the energy sector between Europe and Jordan. This declaration aims to consolidate Jordan’s policy on sustainable energy development. It also provides for technical assistance to establish a regulatory framework promoting high standards of nuclear safety. The declaration builds on the strong energy cooperation that the European Union is establishing with other partners in Algeria, Egypt and Morocco.
NEXT WEEK’S EVENTS
Monday 12 November – Friday 16 November 2007
COUNCIL MEETINGS
ECOFIN Council / Eurogroup (13 November 2007)
Education, Youth and Culture Council (15 – 16 November 2007)
COURT OF JUSTICE
Judgments
Area of Freedom, Security and Justice
C-59/07 Commission v Spain
Company law
C-507/03 Commission v Ireland
Freedom to provide services
C-162/06 International Mail Spain
Free movement of goods
C-319/05 Commission v Germany
Taxation
C-330/05 Granberg
Opinions
Agriculture
C-96/06 Viamex Agrar
Environment and consumers
C-404/06 Quelle
COURT OF FIRST INSTANCE
Judgments
Agriculture
T-310/06 Hungary v Commission
Intellectual property
T-101/06 Castell del Remei v OHMI - Bodegas Roda (CASTELL DEL REMEI ODA)
T-38/04 Sunplus Technology v OHMI - Sun Microsystems (SUNPLUS)
T-71/06 Enercon v OHMI (Convertisseur d'énergie éolienne)
