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Overview of Recent European Union Regulations and Directives
Commission Implementing Regulation (EU) 2024/2729
This regulation provides an exemption under Regulation (EU) 2024/573 concerning the use of fluorinated greenhouse gases in specific laboratory and environmental equipment. It allows the continued marketing of three types of equipment containing these gases until 31 December 2028, including environmental simulation devices, laboratory spray-drying or freeze-drying equipment, and laboratory centrifuges. The exemption is justified by the lack of available alternatives that meet environmental standards while ensuring safety. Labeling requirements ensure transparency regarding the environmental impact of these products, and the regulation will come into force immediately after its publication.
Commission Regulation (EU) 2024/2711
This regulation amends the maximum residue levels (MRLs) for the pesticide thiacloprid in food products, deleting existing MRLs due to safety concerns and introducing new, lower MRLs for specific products. Transitional measures allow products on the market before the new MRLs to continue being sold, with future evaluations planned regarding thiacloprid’s potential health risks. The regulation reflects a commitment to consumer safety by addressing pesticide residues in food.
Commission Implementing Regulation (EU) 2024/2744
This regulation updates the entry conditions for poultry and germinal products from Canada and the United States into the EU in light of recent avian influenza outbreaks. It suspends the entry of products from affected areas in the U.S. while reauthorizing imports from Canada following a decrease in threat levels. Specific details regarding the amendments to the importation lists are provided, highlighting the EU’s focus on animal health and trade balance.
Commission Implementing Regulation (EU) 2024/2707
This regulation introduces amendments to the conformity checks for olive oil marketing standards, including a new notification requirement for non-compliance with organoleptic defects. It clarifies sampling methodologies and provides flexibility in enforcement, ensuring that high quality and consumer confidence in olive oil products are maintained across the EU.
Commission Implementing Regulation (EU) 2024/2741
This regulation approves amendments to the specifications for the protected designation of origin (PDO) ‘Chianti’. It formalizes the recognized changes to the product specifications and ensures that the amended specification is uniformly enforced across Member States, reflecting the EU’s commitment to protecting geographical indications.
Commission Regulation (EU) 2024/2739
This regulation addresses the management of the Mediterranean albacore stock, declaring that the fishing quota allocated to Spain for 2024 has been exhausted. It prohibits Spanish vessels from fishing this stock after a specified date to ensure sustainable fishing practices and conservation efforts within the region.
Directive 2014/25/EU on Public Procurement
This directive establishes rules for procurement procedures in the water, energy, transport, and postal services sectors. It mandates equal treatment and transparency in awarding contracts, specifies thresholds for applicability, and includes provisions for relations with third countries regarding public contracts. The directive aims to enhance competition and fair access for economic operators while ensuring compliance with international trade obligations.
Review of each of legal acts published today:
Commission Implementing Regulation (EU) 2024/2729 of 22 October 2024 authorising an exemption pursuant to Regulation (EU) 2024/573 of the European Parliament and of the Council, with regard to the use of fluorinated greenhouse gases in certain environmental simulation devices, laboratory spray-drying or freeze-drying equipment, and laboratory centrifuges
Commission Implementing Regulation (EU) 2024/2729
The Commission Implementing Regulation (EU) 2024/2729, adopted on 22 October 2024, provides an exemption under Regulation (EU) 2024/573 regarding the use of fluorinated greenhouse gases in specific types of laboratory and environmental equipment. This regulation addresses the concerns related to the placing on the market of such equipment containing these gases, which are known for their high global warming potential (GWP).
Key Provisions
- Scope of Exemption: The regulation allows the continued marketing of three specific types of equipment that contain fluorinated greenhouse gases with a GWP of 150 or more until 31 December 2028. These are:
- Environmental simulation devices designed for applications at temperatures below –50 °C.
- Laboratory spray-drying or freeze-drying equipment.
- Laboratory centrifuges.
- Regulatory Context: The exemption is granted in light of the prohibitions set out in Annex IV, point 4, of Regulation (EU) 2024/573, which will take effect from 1 January 2025. This regulation aims to phase out the use of certain refrigerants to mitigate environmental impact.
- Justification for Exemption: The request for exemption was made by the German competent authority, citing the lack of available alternative equipment on the market that meets the environmental standards without compromising safety. The Commission found that the transition to suitable alternatives would require more time, given the complexity and design changes necessary for compliance.
- Labeling Requirements: The equipment that is allowed under this exemption must be labeled in accordance with Article 12(2) of Regulation (EU) 2024/573, ensuring transparency and awareness of the environmental impact of these products.
- Implementation and Enforcement: The regulation will come into force the day after its publication in the Official Journal of the European Union, ensuring a swift transition to avoid market disruption.
Conclusion
This regulation represents a critical step in balancing environmental protection with the practical needs of laboratories and industries that rely on specific types of equipment. By allowing a transitional period, the Commission seeks to facilitate a responsible shift towards more sustainable practices while ensuring that essential services continue without interruption.
Commission Regulation (EU) 2024/2711 of 22 October 2024 amending Annexes II and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for thiacloprid in or on certain products
Overview of Commission Regulation (EU) 2024/2711
The Commission Regulation (EU) 2024/2711, adopted on 22 October 2024, amends Annexes II and V to Regulation (EC) No 396/2005, which relates to maximum residue levels (MRLs) for the pesticide thiacloprid in various food products. This regulation is significant due to the health implications associated with thiacloprid, a pesticide that has faced scrutiny and regulatory challenges.
Key Provisions
Deletion of Existing MRLs
The regulation deletes all existing MRLs for thiacloprid in Annex II of Regulation (EC) No 396/2005. This action follows the non-renewal of thiacloprid’s approval due to critical safety concerns identified by the European Food Safety Authority (EFSA), including potential groundwater contamination and classification as toxic for reproduction.
New MRLs and Risk Assessment
In response to EFSA’s findings, the regulation introduces lowered MRLs for specific products, particularly peaches and sweet peppers, to the limits of determination (LODs). For other products, including papayas and tea, while no acute risk was identified, the regulation indicates that further evaluation is necessary due to the potential for harmful effects on human health.
Transitional Measures
The regulation includes transitional provisions allowing products placed on the market before the new MRLs become applicable to continue to be sold, with specific exceptions for products identified as having an acute risk to consumers. This measure is deemed necessary to ensure a smooth transition for market operators and consumers.
Future Evaluations
The regulation anticipates a subsequent comprehensive assessment by EFSA regarding thiacloprid’s potential endocrine-disrupting properties, reflecting the ongoing commitment to consumer safety and health protection. Member States will have the opportunity to adapt to the new requirements within a reasonable timeframe before the MRLs take effect.
Consultation and Compliance
Prior to the regulation’s adoption, the Commission consulted with EU reference laboratories on the need to adapt certain LODs, ensuring that the amendments are based on achievable analytical standards. Additionally, trading partners were consulted through the World Trade Organisation, and their feedback was considered in the finalization of the new MRLs.
Conclusion
Commission Regulation (EU) 2024/2711 reflects the European Union’s proactive stance on food safety and consumer protection, particularly concerning pesticide residues. By amending the existing MRLs for thiacloprid, the regulation aims to mitigate potential health risks associated with this substance while providing a framework for future evaluations and adjustments.
Commission Implementing Regulation (EU) 2024/2744 of 21 October 2024 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada and the United States in the lists of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry, and of fresh meat of poultry and game birds
Commission Implementing Regulation (EU) 2024/2744
This regulation amends Annexes V and XIV to Implementing Regulation (EU) 2021/404, specifically concerning the entry of consignments related to poultry and germinal products from Canada and the United States into the European Union.
Key Provisions
General Framework
According to Regulation (EU) 2016/429, only consignments from listed third countries or territories are permitted entry into the EU. The current regulation updates the lists established in Annexes V and XIV of Implementing Regulation (EU) 2021/404, which detail the countries authorized for the importation of poultry products.
Impact of Avian Influenza Outbreaks
The regulation addresses recent outbreaks of highly pathogenic avian influenza (HPAI) reported in the United States, specifically in Florida and Idaho. The U.S. has enacted measures including the establishment of restricted zones and a stamping-out policy to control the disease’s spread.
In light of these outbreaks, the regulation suspends the entry of poultry and related products from the affected areas in the United States to protect the EU’s animal health status.
Canada’s Situation
Conversely, Canada has provided updated information to the EU regarding its own HPAI situation. Following an outbreak in Saskatchewan, Canada implemented a stamping-out policy and has demonstrated that the threat level has decreased. Consequently, the regulation reauthorizes the entry of poultry consignments from the previously restricted zone in Canada.
Amendments to Annexes V and XIV
The specific amendments include:
- For Canada, the entry for zone CA-2.219 has been updated to reflect the current status as of November 15, 2023.
- For the United States, new entries for zones US-2.681 and US-2.682 have been added, detailing the affected areas in Idaho and Florida, respectively, with specific GPS coordinates.
- Annex XIV has also been amended to reflect the updated health status and authorized products from both Canada and the United States.
Urgency of Implementation
The regulation emphasizes the urgency of these amendments to avoid unnecessary disruption in trade, particularly with Canada, while ensuring the health safety of EU animal products.
Conclusion
The Commission’s adoption of this regulation reflects ongoing efforts to manage animal health risks associated with HPAI while balancing trade considerations with third countries like Canada and the United States.
Commission Implementing Regulation (EU) 2024/2707 of 21 October 2024 amending Implementing Regulation (EU) 2022/2105 laying down rules on conformity checks of marketing standards for olive oil and methods of analysis of the characteristics of olive oil
Analysis of Commission Implementing Regulation (EU) 2024/2707
The Commission Implementing Regulation (EU) 2024/2707 introduces amendments to the existing Implementing Regulation (EU) 2022/2105, which governs conformity checks for marketing standards of olive oil and specifies methods for analyzing olive oil characteristics.
Key Provisions
Article 1 – Amendments to Implementing Regulation (EU) 2022/2105
This article outlines specific amendments to the existing regulation:
- New Notification Requirement: A new paragraph (4) is added to Article 4, stipulating that if a sample of extra virgin olive oil fails to meet the median limits for organoleptic defects, the concerned Member States must notify this non-compliance. This is in accordance with Article 16 of Implementing Regulation (EU) 2019/1715, unless there is suspicion of intentional misconduct aimed at deceiving consumers.
- Amendments to Annexes: Annexes I and II are revised, detailing updates to the methods of analysis and sampling methodologies for olive oil.
Article 2 – Entry into Force
This article states that the regulation will take effect 20 days after its publication in the Official Journal of the European Union, ensuring swift implementation across Member States.
Annex Amendments
The annexes include specific technical updates:
Amendments to Annex I
The method for determining the content of waxes and fatty acid ethyl esters has been updated to refer to a specific International Olive Council (IOC) method (COI/T.20/Doc. No 28).
Amendments to Annex II
- Primary Sample Requirements: The primary sample size requirements have been clarified based on the packaging capacity of olive oil. For packages of 750 ml or more, at least one package must be sampled. For smaller packages, the total capacity must meet or exceed 750 ml.
- Sampling Methodology: The regulation specifies how to constitute the primary sample from larger packages (over 5 liters) and emphasizes random selection from the batch to ensure representativeness.
- Increased Sampling Flexibility: Member States may increase the number of primary samples based on their specific circumstances, providing flexibility in the enforcement of the regulation.
- Homogeneity Checks: The competent authority is given the discretion to increase the number of primary samples in relation to the homogeneity of a batch, thus enhancing the quality control measures.
Conclusion
The amendments introduced by Commission Implementing Regulation (EU) 2024/2707 aim to enhance the clarity and effectiveness of conformity checks for olive oil, ensuring that marketing standards are adhered to consistently across Member States. These changes reflect ongoing efforts to maintain high quality and consumer confidence in olive oil products within the European Union.
Commission Implementing Regulation (EU) 2024/2741 of 17 October 2024 approving an amendment to the specification for a protected designation of origin Chianti
Commission Implementing Regulation (EU) 2024/2741: Amendment to the Protected Designation of Origin ‘Chianti’
The Commission Implementing Regulation (EU) 2024/2741, adopted on 17 October 2024, approves an amendment to the specification for the protected designation of origin (PDO) ‘Chianti’. This regulation is grounded in the Treaty on the Functioning of the European Union and is specifically aligned with Regulation (EU) No 1308/2013, which establishes a common organization of the markets in agricultural products.
Key Provisions
Article 1: Approval of Amendments
Article 1 explicitly states that the amendments to the specification regarding the name ‘Chianti’ (PDO) are approved. This indicates a formal recognition of changes made to the product specifications that govern the quality and characteristics of Chianti wine.
Article 2: Entry into Force
According to Article 2, this Regulation will enter into force twenty days after its publication in the Official Journal of the European Union. This provision sets a clear timeline for the implementation of the approved amendments.
Contextual Background
The regulation follows the deletion of certain articles from Regulation (EU) No 1308/2013 by Regulation (EU) 2024/1143, which affects the procedures for geographical indications. Despite these changes, it reaffirms that the existing applications for amendments submitted before a specified date continue to be processed under the previous rules.
The Commission has conducted a thorough examination of the application for the amendment submitted by Italy, and the application was published in the Official Journal, as mandated by the relevant regulations. Notably, no objections were raised during the consultation period, allowing the Commission to proceed with the approval of the amendment.
Conclusion
This regulation is binding in its entirety and is directly applicable in all Member States, ensuring that the amended specifications for ‘Chianti’ are uniformly recognized and enforced across the European Union.
Commission Regulation (EU) 2024/2739 of 17 October 2024 establishing a fisheries closure for Mediterranean albacore in the Mediterranean Sea for vessels flying the flag of Spain
Commission Regulation (EU) 2024/2739 Overview
The Commission Regulation (EU) 2024/2739, adopted on 17 October 2024, addresses the management of fisheries specifically concerning the Mediterranean albacore stock in the Mediterranean Sea, particularly for vessels flying the flag of Spain.
Key Provisions
Article 1: Quota Exhaustion
This article states that the fishing quota allocated to Spain for the Mediterranean albacore stock for the year 2024 is considered exhausted. The exhaustion of this quota triggers the subsequent prohibitions outlined in the regulation.
Article 2: Prohibitions
Fishing activities targeting the Mediterranean albacore stock by Spanish vessels are prohibited from a specified date, which is detailed in the Annex of the regulation. This prohibition includes:
- Retaining on board any Mediterranean albacore caught after the specified date.
- Relocating, transhipping, or landing any albacore from that stock once the quota is exceeded.
Article 3: Entry into Force
This regulation becomes effective the day after its publication in the Official Journal of the European Union, indicating the urgency of the measures taken to protect the stock.
Annex Details
The Annex provides specific details regarding the closure, including:
- Member State: Spain
- Stock: ALB/MED (Mediterranean Albacore)
- Species: Thunnus alalunga
- Zone: Mediterranean Sea
- Closing Date: 28 June 2024
In summary, this regulation is a critical measure to ensure sustainable fishing practices and the conservation of Mediterranean albacore, reflecting the EU’s commitment to maintaining fish stocks within the region.
Judgment of the Court (Grand Chamber) of 22 October 2024.Kolin Inşaat Turizm Sanayi ve Ticaret AȘ v Državna komisija za kontrolu postupaka javne nabave.Reference for a preliminary ruling – Public procurement in the European Union – Directive 2014/25/EU – Article 43 – Economic operators of a third country which has not concluded an international agreement with the European Union which guarantees access to public procurement in a reciprocal and equal manner – No right on the part of those economic operators to ‘no less favourable’ treatment – Participation of such an economic operator in a public procurement procedure – Inapplicability of Directive 2014/25 – Inadmissibility in the context of an action brought by that economic operator seeking a request for a preliminary ruling concerning the interpretation of provisions of that directive.Case C-652/22.
Directive 2014/25/EU on Public Procurement in the Water, Energy, Transport and Postal Services Sectors
Article 1: Subject Matter and Scope
Paragraph 1: Establishes rules for procurement procedures by contracting entities for contracts and design contests. These are applicable when the estimated value meets or exceeds the thresholds specified in Article 15.
Article 11: Transport Services
Affirms the Directive’s applicability to activities related to the provision or operation of networks offering public services in the transport sectors, including railway, automated systems, tramway, trolley bus, bus, or cable.
Article 15: Threshold Amounts
Specifies the financial thresholds that determine the applicability of the Directive. For instance, works contracts are subject to this Directive when their value, excluding VAT, is estimated to be equal to or greater than EUR 5,186,000.
Article 36: Principles of Procurement
Paragraph 1: Mandates that contracting entities must treat economic operators equally and without discrimination. It also requires that actions taken by these entities be transparent and proportionate.
Article 43: Conditions Relating to the GPA and Other International Agreements
Requires that contracting entities accord economic operators from third countries, which are signatories to international agreements like the Government Procurement Agreement (GPA), treatment that is no less favorable than that provided to Union economic operators. This applies to works, supplies, services, and the operators themselves.
Article 45: Open Procedure
Paragraph 1: States that in open procurement procedures, any interested economic operator may submit a tender in response to a call for competition.
Article 76: General Principles
Paragraph 4: Allows contracting entities to request additional information or documentation from economic operators if the submitted data appears incomplete or erroneous. Requests must comply with the principles of equal treatment and transparency and must be made within an appropriate time limit unless national law dictates otherwise.
Article 86: Relations with Third Countries Regarding Works, Supplies, and Service Contracts
Paragraph 1: Obligates Member States to inform the European Commission of any significant difficulties their undertakings face in securing public contracts in third countries.
Paragraphs 2-5: Empower the Commission to investigate and, if necessary, propose measures to suspend or restrict the participation of third-country undertakings in EU public procurement procedures. These measures can include imposing score adjustments or excluding tenders from specific third countries.
Paragraph 6: Clarifies that these measures do not affect the EU’s commitments under international agreements, including those within the World Trade Organization (WTO) framework.
Effect: Ensures that any restrictions or adjustments applied to third-country economic operators are consistent with the EU’s international trade obligations and are handled at the EU level rather than by individual Member States.
Key Provisions Summary
- Equal Treatment: Economic operators must be treated equally without discrimination.
- Transparency and Proportionality: Actions by contracting entities must be transparent and proportionate to the objectives.
- International Agreements: Special conditions apply to third-country operators under agreements like the GPA, ensuring no less favorable treatment.
- Open Procedures: Allow any interested party to submit tenders, fostering competitive participation.
- Additional Documentation: Authorities can request further information to ensure the validity and completeness of submissions.
- Third-Country Relations: The Directive provides mechanisms to address and rectify unfair treatment of third-country operators in EU public procurement.
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