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.
This COVID-19 Update will soon be transitioning to the new EU Emergency Response Update – Key Policy & Regulatory Developments, which will continue to cover key regulatory developments related to EU emergency responses, including in particular, to the COVID-19 and Ukraine-Russia situations.
LATEST KEY DEVELOPMENTS
Competition & State Aid
- European Commission releases Green Deal Industrial Plan
- European Commission consults Member States on proposed Temporary Crisis and Transition Framework
- European Commission seeks feedback on implementation of Foreign Subsidies Regulation
- European Commission approves further schemes under Ukraine Temporary Crisis Framework
Trade / Export Controls
- European Commission releases Green Deal Industrial Plan
- Proposed CBAM Regulation (Carbon Border Adjustment Mechanism) moves forward
- EU-India Trade and Technology Council established
Medicines and Medical Devices
- Launch of DURABLE laboratory network
Cybersecurity, Privacy & Data Protection
- European Commission publishes guidance on Digital Services Act on requirement to publish number of users
COMPETITION & STATE AID |
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State Aid |
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European Commission releases Green Deal Industrial Plan (see here) |
On 1 February 2023, the European Commission published the Communication on A Green Deal Industrial Plan for the Net-Zero Age to boost the competitiveness of Europe's net-zero industry (the International Energy Agency estimates that the global market for key mass-manufactured clean energy technologies will be worth some EUR 600 billion by 2030 – more than three-fold today's level) and support the rapid transition to climate neutrality (this Plan "sets in stone" Europe's green transition ambitions, including climate targets towards net-zero by 2050). The Plan complements ongoing initiatives under the European Green Deal and REPowerEU. The Plan aims at making Europe a leader in the green and digital transitions, in line with the EU's Industrial Policy devised in light of the pandemic and lessons learned (see also Jones Day COVID-19 Update No. 47 of 12 May 2021). The Plan notes, in particular, that industry faces numerous challenges, such as high inflation, post-COVID supply chains disruptions, spikes in energy costs and input prices, and labor shortages. The Plan is based on four pillars: (1) a predictable and simplified regulatory environment; (2) speeding up access to finance; (3) enhancing skills; and (4) open trade for resilient supply chains. On speeding up access to finance (second pillar), the Plan indicates that access to funding for net-zero industry is to be broadened and accelerated, particularly since EU industry's market shares are under strong pressure, which the Commission attributes to a "great extent" to subsidies abroad that it views as disrupting the level playing field. The Plan thus foresees the following revisions to State aid rules, and in particular:
Timing. The draft State TCTF was sent to Member States on 1 February 2023 for consultation. The Commission intends to adopt the TCTF in the coming weeks, taking into account Member State feedback (for further details, see below on Commission consulting with Member States on TCTF).
Timing. The revised GBER's adoption is expected in the coming weeks.
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