Archives: EU Law and Regulatory

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New era of FDI in the European Union – EU FDI Regulation now in full force and effect

On October 11, 2020, the EU FDI Screening Regulation (EU) 2019/452 – the “Regulation”) entered fully into force. The Regulation, which was approved and adopted in March 2019, establishes a framework for the screening of foreign direct investments (“FDI”) by EU Member States in which decision-making powers rest at the Member State level. Significantly, from … Continue Reading

The Week Ahead in the European Parliament – Friday, October 9, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee and political groups’ meetings.  Several interesting debates are scheduled to take place. On Monday, the Committee on Budgets (“BUDG”) and the Committee on Economic and Monetary Affairs (“ECON”) will both vote on a draft report on the Sustainable Europe Investment Plan … Continue Reading

German court extends legal redress options for pharma companies in the drug pricing and reimbursement system

On 10 September 2020, the German Federal Social Court (Bundessozialgericht – “BSG”) has issued an important decision with significant impact on the drug pricing and reimbursement system. It ruled that a pharmaceutical company can file a direct legal action against the early benefit assessment in the so-called AMNOG process. This was not possible so far. … Continue Reading

The Week Ahead in the European Parliament – Friday, September 25, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee and political groups’ meetings.  Several interesting debates are scheduled to take place. On Monday, the Committee on the Environment, Public Health and Food Safety (“ENVI”) will have an exchange of views with Commission Vice-President Frans Timmermans on the 2030 Climate Target … Continue Reading

The Week Ahead in the European Parliament – Friday, September 18, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee meetings.  Several interesting debates are scheduled to take place. On Monday, MEPs of the Foreign Affairs Committee (“AFET”) will have an exchange of views with China’s Ambassador to the EU, Ming Zhang.  It is likely that MEPs will discuss the outcomes … Continue Reading

UK: new “world-leading” deforestation and ecosystem supply chain law

The UK Government recently announced that it is developing legislation that would make it illegal for large businesses operating in the UK to use certain commodities that have not been produced in line with local laws, and require in-scope companies to conduct due diligence to ensure that their supply chains are free from illegal deforestation … Continue Reading

UK Is Left out of EU Cooperation on Foreign Direct Investment, And Will Soon Be “Foreign”

Foreign Direct Investment Regulation The EU Regulation on Foreign Direct Investment (2019/452) (the “EU FDI Regulation”) will enter into force fully on October 11, 2020. Most notably, on this date, a cooperation and information sharing mechanism among Member States and the European Commission in respect of foreign direct investment (“FDI”) that has an “EU-dimension” will … Continue Reading

The Week Ahead in the European Parliament – Friday, September 11, 2020

Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for plenary sessions.  Several interesting debates are scheduled to take place. On Monday, MEPs will debate on a draft Report on the System of Own Resources of the EU.  According to the co-rapporteurs, MEP José Manuel Fernandes (PT, EPP) and MEP Valérie Hayeris … Continue Reading

New Licensing Regulations to Import Agricultural Products into the EU:  What Traders Should Know to Avoid Missing Quota Allocations in 2021

As of January 2021, many imports and exports of agricultural products covered by EU tariff quotas will be subject to the new licensing rules of Commission Delegated Regulation (EU) 2020/760 (“Delegated Regulation”) and Commission Implementing Regulation (EU) 2020/761 (“Implementing Regulation”) (together, “Licensing Regulations” or “Regulations”).  The new Regulations introduce significant changes to – and are … Continue Reading

The Week Ahead in the European Parliament – Friday, August 28, 2020

Members of the European Parliament (“MEPs”) returned from their summer recess this week.  Next week, they will have committee meetings.  Several interesting debates are scheduled to take place. On Tuesday, the Committee on Budgets (“BUDG”) will debate on the status quo of the negotiations with the Council of the EU on the EU’s long-term budget … Continue Reading

The European Commission launches an antitrust sector inquiry into the sector of Internet of Things for consumer-related devices and services

On 16 July 2020, the European Commission (“Commission”) announced that it has launched an antitrust sector inquiry into “consumer-related products and services that are connected to a network and can be controlled at a distance, for example via a voice assistant or mobile device.” Commission Executive Vice President and Competition Commissioner Vestager said that “[t]he … Continue Reading

Advocate General delivers Opinion on Novel Food Status of Insects

On 9 July 2020, Advocate General Bobek delivered his opinion on the status of edible insects (e.g., mealworms, locusts, and crickets) under the EU novel foods rules.  While insects fall under the scope of the new EU Novel Food Regulation 2015/2283, the opinion recommends the Court of Justice to deny novel food status to such … Continue Reading

The revision of the Vertical Block Exemption Regulation – What is likely to change?

Introduction On 25 May 2020, the European Commission (“Commission”) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (the “Final Report”). The Final Report was published following a public consultation from 4 February to 27 May 2019 to … Continue Reading

The Week Ahead in the European Parliament – Friday, June 26, 2020

Next week will be a committee and political group week for the Members of the European Parliament (“MEPs”) in Brussels.  Several interesting debates are scheduled to take place. On Monday, the Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) will have an exchange of views on the establishment of an EU Mechanism on Democracy, … Continue Reading

UK introduces targeted new powers to scrutinise foreign investment

On June 22, 2020, the UK Government introduced legislation to Parliament that further strengthens its ability to intervene in transactions on national security and other public interest grounds. Specifically, the UK Government has sought additional powers to intervene in transactions where there is need to preserve the capability of the UK to respond to a … Continue Reading

European Commission publishes White Paper on the Review of Foreign Subsidies – [New/More] Intervention Powers ahead?

On 17 June 2020 the European Commission (“Commission”) published a White Paper on new enforcement powers regarding foreign subsidies. This initiative pursues two objectives, first it sets out a general policy approach for foreign subsidies, and second, it provides a number of proposals  to address a perceived regulatory gap. More specifically, the White Paper suggests new tools … Continue Reading

European Union Takes Step Toward Cohesive Global Regulatory Framework for Central Counterparties

On June 11, the European Commission (the “EC”) opened for feedback a trio of draft delegated acts that, if adopted, would constitute a major step toward cohesive global regulation of international securities and derivatives markets.  Specifically, the delegated acts (see here, here, and here) would allow certain central counterparties in non-EU Member States (“third-country CCPs”) … Continue Reading

The Week Ahead in the European Parliament – Friday, June 12, 2020

Next week will be a plenary week for the Members of the European Parliament (“MEPs”).  Due to the restrictions in place to tackle COVID-19, the plenary sessions will be held virtually.  Several interesting debates are scheduled to take place. On Wednesday, MEPs will debate with the Council of the EU and European Commission on protecting … Continue Reading

The Brexit Negotiation – In Deadlock?

Last week marked a hand-over from the technical Brexit negotiations back to the negotiators’ political masters.  After four rounds of talks on the future EU-UK relationship, it appears that the UK and the EU are increasingly talking past each other.  With both sides seeming to accept that the transition period will finish at the end … Continue Reading

Targeting DoD’s Reliance on Russian Energy

At the end of last month, the Department of Defense (“DoD”) issued a class deviation to implement Section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (“FY20 NDAA”), which seeks to reduce dependence on Russian energy by prohibiting the acquisition of energy sourced from inside Russia for DoD’s main operating bases in … Continue Reading

The Week Ahead in the European Parliament –  Friday, June 5, 2020

Summary Next week will be a committee and political group week in the European Parliament. Members of the European Parliament (“MEPs”) will spend a good portion of their week with their political groups, where they will prepare for the plenary session, scheduled for June 17-19, 2020. They will discuss, among other topics, the upcoming Council … Continue Reading

Regulation of Foreign Direct Investment (“FDI”) gathers Pace across Europe – A Week of Change.

The FDI space in Europe remains dynamic. Less than five months from the entering into force of the EU FDI Regulation, and just two months since the European Commission asked the Member States to both strengthen and “vigorously” implement the tools available to them and, where appropriate, introduce new FDI screening mechanisms –on which we … Continue Reading

The Week Ahead in the European Parliament – Friday, May 29, 2020

Summary Next week will be a short week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather (virtually) in Brussels for committee meetings and political group meetings.  A few interesting debates are scheduled to take place. On Tuesday, the Committee on Agriculture and Rural Development (“AGRI”) will have an exchange of views … Continue Reading
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