This newsletter provides a selection of opinions and analysis from our EU legal experts on interesting policy developments, recent case law and new regulatory directions of major industry practices. It is released biweekly and covers areas such as: Competition Law, Sanctions, Trade, Energy, Finance, EU funds, Data IP and Privacy, Life Sciences, Transport and Court of Justice of the European Union news.

The aim is to provide an up–to–date tool for quick and easy consultation on the most current and important topics at EU level.

• Competition Law and State Aid
• Sanctions
• Trade
• Energy and Green Deal
• Banking & Finance
• EU Funds
• Life Sciences
• Transport and Electric Vehicles
• Data, IP and Privacy
• Consultions and Calls

COUNCIL OF THE EUROPEAN UNION (COUNCIL)

Road safety: Council of the EU approves conclusions to strengthen the EU’s efforts to achieve its road safety objectives (18.06.2024) – The Council of the EU has approved conclusions on a European Court of Auditors’ (ECA) report aiming to strengthen EU’s efforts to achieve its road safety objectives. The text highlights the importance of investing on high-quality, resilient, and sustainable road infrastructure, and the related road safety planning obligations, as well as of interconnectivity and interoperability of data related to traffic to improve road safety management. Finally, the conclusions acknowledge the potential for road safety of innovative technologies, putting them into perspective regarding driver knowledge and behaviour and with regard to the co-existence with vulnerable road users and with users of human-controlled vehicles.

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Greening freight package: Council of the EU adopts its position for a more efficient management of rail infrastructure capacity and traffic (18.06.2024) – The Council of the EU adopted its negotiating position (general approach) on a new regulation on the use of railway infrastructure capacity in the single European railway area. This piece of legislation forms part of the Commission’s ‘greening freight’ package together with proposals on a harmonised system to count EU emissions, on maximum weights and dimensions for heavy-duty vehicles, and the revision of the combined transport directive. The new regulation’s more specific objectives are to: (i) enable more effective capacity management procedures; (ii) strengthen incentives to improve performance of rail infrastructure and rail transport services; (iii) introduce more effective mechanisms for coordination between stakeholders, in particular across borders, and (iv) support the deployment of digital tools enabling better capacity and traffic management. Following the adoption of the Council’s negotiating mandate (general approach), the incoming presidency can begin talks (‘trilogues’) with the European Parliament on this file.

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Trans-European transport network (TEN-T): Council of the EU adopts new regulation ensuring better and sustainable connectivity in Europe (13.06.2024) – The Council of the EU adopted a revised regulation regarding EU guidelines for the development of the trans-European transport network (TEN-T). The new law aims to build a reliable, seamless, and high-quality transport network that ensures sustainable connectivity across Europe without physical interruptions, bottlenecks, and missing links. The TEN-T network will be developed or upgraded step by step with the new regulation setting clear deadlines for its completion in three phases: until 2030 for the core network, 2040 for the extended core network and 2050 for the comprehensive network. Following the Council’s adoption, the legislative act will be signed by the presidents of the Council and of the European Parliament before being published in the EU’s official journal in the coming weeks. The revised regulation will enter into force twenty days after this publication.

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Tax

Agreement between Paraguay and Spain to avoid double taxation submitted to Paraguayan Congress

On July 4th, 2023, the Executive Branch submitted to the Senate the bill “which approves the Agreement between the Republic of Paraguay and the Kingdom of Spain to avoid double taxation and to prevent tax evasion or avoidance on income taxes”, signed in Santo Domingo, Dominican Republic, on March 25th, 2023.

The agreed document observes OECD standards and includes measures to prevent tax base erosion and profit shifting (BEPS), affecting to Personal and Company income taxes in both countries (including income taxes for non-residents), which must now be ratified by the respective Congresses for its entry into force.
In Paraguay, with the assumption of the new Congress last July and afterwards the recently elected President Santiago Peña that must take office next August 15th, 2023, it is expected that such Agreement can be passed into law during 2.024.

Banking and Finance

Regulation of Credit Information Bureaus (BIC) and Protection of Personal Credit Information

On February 21st, 2023, the Board of Directors of the Central Bank of Paraguay (BCP) issued Resolution No. 3, by virtue of which the Regulation of Credit Information Bureaus (BIC) and Protection of Personal Credit Information is approved within the Framework of Law No. 6534/2020 on Protection of Personal Credit Data.

The Regulation entered into force on June 1st, 2023, a subject of broad public interest for citizens and a key normative for compliance on Protection of Personal Credit Data to which Credit information bureau and financial entities must adhere subject to heavy fines in case of violation of personal data rights.

Regulation of operation in the Foreign Currency Forward Market

On January 12th, 2023, the Board of Directors of the Central Bank of Paraguay (BCP) issued Resolution No. 18, which approves the Forward Currency Market Operations Regulations. The new regulation replaces Resolutions No. 8 and 11/2013 and 15/2018.

Antitrust

CONACOM issues new regulations to apply sanctions for non-compliance with the duty of collaboration

Through Resolution D/AD 103/2022 dated November 1st, 2022, the CONACOM Board approved the Regulations for the application of sanctions for breach of the duty to collaborate with CONACOM. Such resolution replaces Resolution D/AD 61/2022 dated June 22nd, 2022.

In that context, recognized companies from various sectors were penalized for not providing information in a timely manner. Through Resolutions D/AL 80, 82 and 83, dated October 5th, 2022, CONACOM sanctioned for the first time three firms that did not respond to information requests received in the framework of a concentration operation related to the supermarket market. The fines amounted in certain cases to one hundred and fifty minimum daily wages (approximately G. 15,000,000 or the equivalent of USD 2,000).

Attorneys from LEGALCORP participated in the draft bill of the Competition Law enacted in 2013 and were member of the public private Commission enacted by the Ministry of Trade and Commerce for the drafting of the regulation of such Law approved by Decree Nr. 1490/2013.

Environment

Carbon Credits Market

On March 16th, 2023, a draft bill on Carbon Credits was presented to the Senate, which aims to establish a regulatory framework to define -among other things- the ownership of reduced carbon avoided and/or captured - and the carbon credits that are generated through projects developed in Paraguay. In addition, it is intended to create a national carbon registry.

By June 30th, 2023, and ad hoc technical Committee formed by public private stakeholders within the Commission of Industry and Trade of the Senate finished its first review of the draft bill introducing some amendments and modifications to improve such legal framework.

With the assumption of the new Congress last July 1st and the Executive Branch which will take office next August 15th, 2023, such technical committee must resume works including the new authorities of the Ministry of Environment and Sustainable Development.

Presentation of progress in the process of Regulation of the Water Resources Law

On March 29th, 2023, the Ministry of the Environment and Sustainable Development (MADES) presented the progress in the regulatory process of Law No. 3239/2007 “On Paraguayan Water Resources” with the participation of representatives of the public and private sectors and civil society.

According to the planification of the General Directorate for the Protection and Conservation of Water Resources, such Direction will be in charge of preparing the draft of 32 resolutions that regulate the Law to be submitted to the general public to receive comments to issue the final wording. Such regulations must set the standards to the legal title for right usages (permits and concessions) and the fee for said usages, as well as technical criteria for each type of usages
(commercial, industrial, agriculture, etc).
Our member of LEGALCORP Attorney Jorge Figueredo Klein is taking part on the cited two works representing the Paraguayan Industrial Guild (UIP).

Energy and Infrastructure

Enactment of the new law that will regulate the independent production of electrical energy from non-conventional renewable sources

On January 26th, 2023, the Executive enacted Law 6977/2023 Regulating Development, Generation, Production, Development and Use of Electrical Energy from Non-Conventional Non-Hydraulic Renewable Energy Sources (Law 6977).

Law 6977 partially replaces Law 3006/09 “On the Production and Independent Transmission of Electric Energy” and its objective is to encourage private investment in the energy sector: its success is essential to guarantee the diversification and energy security of the country, since according to estimates by the National Electricity Administration (ANDE) itself, the state owned sole utility, by the year 2030 there will be a confluence between demand and supply of energy; this will result in Paraguay consuming 100 % of the energy that corresponds to it from its hydroelectric plants, Itaipu (second largest in the world together with Brazil), Yasyretá (together with Argentina)
and Acaray.

Finishing of new bridge “Heroes of Chaco War” connecting the Capital with the Western Region or Chaco

On past July 22nd, the President of the Republic, Mario Abdo Benítez, carried out a verification of the works of the Héroes del Chaco bridge, when he was the protagonist of the first vehicular passage through the new structure that unites the capital of the country with the Western Region or Chaco.

The bridge worth USD 136 million is 603 meters long and 32 meters wide and its constitute a new icon, not only because of its strategic location but also because of its avant-garde design designed for the future, with 2 lanes in each direction, a bike lane and a pedestrian sidewalk, with 7 km of roads if we add all of its components from the Costanera North to the Remanso-Falcón junction.

Once finalized, will serve for the passage of about 10,000 vehicles per day to and from Asunción from the Chaco region (neighbouring with the Argentinean border), decompressing the traffic that is currently on the Remanso bridge, officially inaugurated 45 years ago. Meanwhile, complementary works continue on various fronts in order to have the entire road network ready and enabled in the coming months (by the end of 2023).

Energy

Renewable Energy

Currently, several renewable – clean energy projects are in progress in Colombia, including the following:

• Auction for “Offshore Wind Generation” projects, that would be developed in the Department of Atlántico and would be the first “granted offshore in Colombia and Latin America”. The government intends to generate investments in the country of up to US $27,000 million, and the auction specifications will be ready in August.
• Green Hydrogen. The Colombian Government is structuring with the European Union and the Colombian Hydrogen Association an investment program for the green hydrogen industry in Colombia and is expected that the first group of benefited projects will come out on the second half of this year.
• White Hydrogen. The Colombian government has explored the possibility of using existing oil infrastructure to extract white hydrogen. The National Hydrocarbons Agency (ANH) has reported that $ 170,000 million will be intended to the search for this vector in the country.
• The selection of an investor for the provision of the Liquefied Natural Gas storage service, regasification, natural gas transportation and associated services of the Pacif

Infrastructure

Airports modernization

In 2024, different modernization projects of the main airports of the country will be awarded. The Government, through the National Infrastructure Agency, will invest more than USD12.2 billion in the airports of San Andrés; Cali; Cartagena and Bogotá. The construction of a new airport in Cartagena is also planned.

Regulatory

Law projects

Important bills are currently under way in the Congress of the Republic, such as:

• Bill by which cryptoasset platforms are recognized and the regulatory framework is created.
  The main goal is that platforms dedicated to the digital economy with the use of cryptocurrencies such as Bitcoin (and others) enter the formal market of Colombia.
• Draft Law of “Hydrogen Economy”. With this important initiative Colombia advance towards the energy transition, seeking to position itself as a major supplier of hydrogen worldwide.
  Bill that creates the National Agency for Digital Security, this initiative aims to fight and chase cybercrime. The Agency will be responsible for establishing strategies and public policies on digital security and cyber defense, in coordination with government entities and private companies.