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Summary of Recent EU Legislative Acts
Commission Implementing Regulation (EU) 2024/2724
This regulation establishes a framework for the registration of imports of single mode optical fibre cables from India. It applies to cables with specific characteristics, outlining exclusions for shorter cables and certain submarine cables. Customs authorities are required to implement a registration process for these imports, which will last for nine months. This measure is part of ongoing investigations into potential subsidies affecting the EU market.
Commission Implementing Regulation (EU) 2024/2717
This regulation corrects inaccuracies in the German and Finnish language versions of Annex I of Council Regulation (EEC) No 2658/87 concerning tariff and statistical nomenclature. It ensures clarity and accuracy in the descriptions of specific CN codes and will enter into force immediately upon publication.
Commission Implementing Regulation (EU) 2024/2721
This regulation mandates the registration of imports of certain steel track shoes from China, following an anti-dumping investigation. The registration will enable the potential retroactive imposition of anti-dumping duties. The regulation specifies the product characteristics, registration process, and potential future liabilities based on the ongoing investigation’s findings.
Commission Implementing Regulation (EU) 2024/2714
This regulation requires the registration of imports of epoxy resins from China, Korea, Taiwan, and Thailand. It details product specifications and exclusions, mandates registration for a period of nine months, and outlines potential future liabilities based on the ongoing anti-dumping investigation.
Commission Implementing Regulation (EU) 2024/2732
This regulation mandates the registration of imports of lysine and its derivatives from China. It defines the product specifications, outlines the registration requirements, and highlights potential future duties based on the ongoing investigation into alleged dumping practices.
Commission Implementing Regulation (EU) 2024/2725
This regulation subjects mobile access equipment imports from China to registration. It specifies the product scope, registration process, and potential countervailing duties if subsidization is confirmed through ongoing investigations.
Commission Implementing Regulation (EU) 2024/2726
This regulation extends a derogation for specific fishing practices in Catalonia, allowing the use of boat seines for certain species. It outlines the conditions for this derogation and includes provisions for monitoring and reporting.
Commission Implementing Regulation (EU) 2024/2720
This regulation mandates the registration of imports of seamless pipes and tubes from China. It specifies product characteristics, registration requirements, and potential future liabilities based on the ongoing anti-dumping investigation.
Commission Implementing Regulation (EU) 2024/2742
This regulation officially registers ‘Urbezo’ as a protected designation of origin (PDO), emphasizing its geographical significance and the quality associated with its origin, effective twenty days post-publication.
Commission Implementing Regulation (EU) 2024/2715
This regulation requires the registration of imports of glyoxylic acid from China. It details product specifications, registration requirements, and outlines potential future liabilities based on ongoing investigations into dumping.
Commission Delegated Regulation (EU) 2024/2759
This regulation establishes regulatory technical standards for European long-term investment funds (ELTIFs), focusing on risk management, redemption policies, and cost disclosure requirements.
Commission Implementing Regulation (EU) 2024/2716
This regulation establishes a registration requirement for imports of vanillin from China, detailing product definitions, registration processes, and outlining potential future liabilities based on ongoing investigations.
Commission Implementing Regulation (EU) 2024/2731
This regulation mandates registration for imports of flat-rolled products of iron or non-alloy steel plated with tin from China. It outlines the registration process and potential duties based on ongoing investigations into dumping.
Commission Implementing Regulation (EU) 2024/2719
This regulation introduces a registration requirement for imports of hot-rolled flat products of steel from Egypt, India, Japan, and Vietnam, facilitating potential future anti-dumping duties.
Commission Implementing Regulation (EU) 2024/2733
This regulation addresses the registration of multilayered wood flooring imports from China, specifying the products involved and establishing a registration process tied to ongoing anti-dumping investigations.
Commission Implementing Regulation (EU) 2024/2775
This regulation amends previous rules regarding import duties and representative prices for poultrymeat and eggs, reflecting current market conditions.
Commission Delegated Regulation (EU) 2024/2765
This regulation corrects inaccuracies in the Polish language version of a regulation related to insurance and reinsurance, ensuring legal consistency across languages.
Commission Implementing Regulation (EU) 2024/2718
This regulation establishes a registration requirement for imports of decor paper from China, detailing product specifications and potential future liabilities based on ongoing investigations.
Council Implementing Regulation (EU) 2024/2755
This regulation amends existing restrictive measures in response to the situation in Haiti, reflecting updates from the United Nations Security Council regarding individuals involved in criminal activities.
Judgment of the Court (Tenth Chamber) – Case C‑476/23
This judgment clarifies the appeal rights of postal service providers against decisions made by national regulatory authorities, emphasizing the need for effective judicial protection.
Judgment Summary: Case C-441/23
This judgment addresses the definitions and responsibilities of temporary-work agencies and user undertakings in the context of temporary agency work, reinforcing principles of equal treatment.
Judgment of the Court (Ninth Chamber) – Case C‑513/23
This judgment interprets public procurement regulations concerning technical specifications in public works contracts, ensuring competition and transparency.
Judgment Analysis – Case C‑227/23
This judgment clarifies the scope of copyright protection for works of applied art, emphasizing the application of EU law irrespective of the work’s country of origin.
Judgment Analysis – Case C‑347/23 [Zabitoń]
This judgment interprets the definition of “consumer” under EU law, affirming broad protections for individuals engaging in contracts for residential properties intended for rental.
Judgment Overview: Case C‑339/23
This judgment emphasizes the obligations of creditors under consumer credit agreements, particularly regarding the assessment of creditworthiness.
Judgment Analysis – Case C‑240/22 P
This judgment addresses the standards of evidence required in competition law, particularly concerning Intel’s alleged abuse of dominant position in the market for CPUs.
Decision No 1/2024
This decision amends standard forms for communication and statistical data related to VAT, enhancing the efficiency of administrative cooperation between EU Member States and the UK.
State Aid Decision Overview – C/2024/6371
This decision raises no objections to Norway’s temporary exemption from the NOx tax, aimed at supporting environmental protection efforts.
State Aid Decision Analysis – C/2024/6482
This decision supports the Green Industry Financing Fund in Norway, promoting investments in sustainable projects with substantial budget allocations.
State Aid Decision Overview
This decision involves a state aid initiative for floating offshore wind projects in Norway, aiming to facilitate green energy investments through significant financial support.
Analysis of EFTA Surveillance Authority Decision C/2024/6364
This decision concludes that Norway’s involvement in Scandinavian Airlines System’s restructuring does not constitute state aid, maintaining fair competition in the air transport sector.
Review of each of legal acts published today:
Analysis of Commission Implementing Regulation (EU) 2024/2724
The Commission Implementing Regulation (EU) 2024/2724, adopted on October 24, 2024, establishes a framework for the registration of imports of optical fibre cables from India. This regulation is a significant step in the European Commission’s ongoing efforts to address potential market distortions caused by subsidized imports.
Scope of the Regulation
Under Article 1, the regulation specifies that the import registration applies to single mode optical fibre cables that consist of one or more individually sheathed fibres encased in protective casings. These cables may or may not contain electric conductors and can be connectorized. Notably, the regulation excludes:
- Cables that are less than 500 meters in length and have operational connectors at one or both ends.
- Submarine cables that are plastic insulated and contain a copper or aluminium conductor, with fibres housed in metal modules.
Customs Registration Requirement
The regulation mandates that customs authorities implement a registration process for the specified optical fibre cables originating from India. This measure is taken under Article 24(5) of the basic Regulation (EU) 2016/1037, which allows for such registration when investigations into anti-subsidy measures are underway.
Duration and Expiry of Registration
According to Article 1(3), the registration will remain valid for a period of nine months from the regulation’s entry into force. This timeframe allows the Commission to assess the findings of the ongoing investigations and determine the appropriate countervailing duties, if necessary.
Investigative Context
The backdrop for this regulation includes a complaint lodged by Europacable, representing a substantial portion of Union producers, which led to the initiation of anti-subsidy proceedings on May 17, 2024. Additionally, the regulation references an earlier anti-dumping proceeding initiated on November 16, 2023, which has already resulted in provisional anti-dumping duties on similar imports.
Implications of Findings
The regulation indicates that any future liability related to countervailing duties will arise from the outcomes of the ongoing investigations. The Commission acknowledges the difficulty in estimating the level of subsidization at this stage and notes a preliminary estimate of an injury elimination level at 29% for the concerned product, which could inform the eventual duties applied.
Data Protection Considerations
The regulation also stipulates that any personal data collected during the registration process will be handled in accordance with Regulation (EU) 2018/1725, ensuring compliance with data protection principles within the EU.
Conclusion
In summary, Regulation (EU) 2024/2724 establishes a crucial regulatory framework for the registration of optical fibre cable imports from India, reflecting the European Commission’s commitment to protecting the Union’s market from potential unfair trading practices. The regulation is binding in its entirety and directly applicable in all Member States, entering into force the day after its publication in the Official Journal of the European Union.
Analysis of Commission Implementing Regulation (EU) 2024/2717
The Commission Implementing Regulation (EU) 2024/2717, adopted on 24 October 2024, addresses specific corrections to language versions of Annex I of the Council Regulation (EEC) No 2658/87 concerning the tariff and statistical nomenclature as well as the Common Customs Tariff.
Key Provisions
The regulation primarily focuses on correcting inaccuracies found in the German and Finnish language versions of the annex. The specific errors identified include:
- German Language Version: Errors were noted in Part II, Section II, Chapter 6, affecting the descriptions of CN codes 0601, 0601 10, and 0601 20.
- Finnish Language Version: Errors were identified in Part II, Section VI, Chapter 29, point 5(D), as well as in Chapter 38, specifically in the descriptions of CN codes 3824 99 61 and 3827 11 00.
The regulation stipulates that these language versions must be corrected to ensure clarity and accuracy in the tariff and statistical nomenclature. Importantly, it notes that the other language versions remain unaffected by these corrections.
Implementation and Legal Binding
Article 2 of the regulation states that it shall enter into force on the day following its publication in the Official Journal of the European Union, making it immediately applicable across all Member States. The regulation is binding in its entirety, ensuring that all Member States comply with the corrected provisions.
Conclusion
This regulation is a technical amendment intended to rectify specific inaccuracies in the language versions of existing legislation, thereby enhancing the precision of the Common Customs Tariff and ensuring that all Member States interpret the provisions correctly.
Commission Implementing Regulation (EU) 2024/2721
This regulation establishes the requirement for the registration of imports of certain types of steel track shoes originating from the People’s Republic of China. The regulation is a response to an anti-dumping proceeding initiated by the European Commission following a complaint by a European producer.
1. Product Subject to Registration
The regulation specifically targets steel track shoes, which may or may not have rubber pads attached. These products are characterized by a maximum length of 3,000 mm and are utilized in machinery classified under headings 8426, 8429, or 8430, as well as conveyor belts under heading 8428. The goods are classified under CN codes ex 8431 49 20, ex 8431 39 00, and ex 8431 49 80, with corresponding TARIC codes provided for informational purposes.
2. Registration Requirement
Under Article 14(5) of Regulation (EU) 2016/1036, the Commission has the authority to mandate registration of imports to facilitate potential retroactive imposition of anti-dumping duties should the ongoing investigation yield conclusive findings. This means that if the investigation concludes that anti-dumping duties are warranted, these could be applied to previously registered imports.
Any potential future liabilities arising from this regulation will be based on the findings of the ongoing investigation, which estimates dumping margins between 55% and 87%. The regulation notes that the possible future liability may be set at lower levels as per the provisions of the basic Regulation, especially if raw material distortions are found.
3. Processing of Personal Data
The regulation includes provisions regarding the processing of personal data, stipulating that any data collected during the registration process will be handled in compliance with Regulation (EU) 2018/1725, which governs the protection of personal data within the European Union institutions.
4. Implementation Details
Article 1 directs customs authorities to register the specified imports, with the registration period lasting nine months from the regulation’s entry into force. The regulation will take effect the day after its publication in the Official Journal of the European Union, thereby ensuring immediate compliance across all Member States.
This regulation is binding and directly applicable in all EU Member States, reinforcing the Union’s commitment to fair trade practices and the protection of its internal market.
Analysis of Commission Implementing Regulation (EU) 2024/2714
The Commission Implementing Regulation (EU) 2024/2714 mandates the registration of imports of epoxy resins originating from the People’s Republic of China, the Republic of Korea, Taiwan, and Thailand. This regulation is a response to an anti-dumping proceeding initiated by the European Commission regarding these imports.
Scope of the Regulation
The regulation specifically targets products containing more than 35% by weight of epoxy resins, which are polymers or prepolymers characterized by reactive epoxy groups. These products can be in solid, semi-solid, or liquid forms, regardless of their grade, purity, molecular weight, or structure. Notably, the regulation excludes certain products such as:
- Paint and coating products that include epoxy resin, curing agents, and pigments, where the pigment constitutes at least 10% of the total weight, the epoxy resin constitutes a maximum of 80%, and the curing agent represents between 5% and 40% of the total weight.
- Pre-impregnated fabrics or fibers (commonly known as “pre-pregs”) that consist of fabrics or fibers, typically carbon or glass, impregnated with epoxy resin.
- Blends of epoxy resins with materials classified under different CN codes than those specified in the regulation.
Registration Process
Under Article 14(5) of the basic Regulation (EU) 2016/1036, the imports of the specified epoxy resins must be registered. This registration is crucial as it allows for the potential imposition of anti-dumping duties retroactively, should the investigation conclude that such measures are necessary. The Commission has acted on its own initiative to enforce this registration.
Potential Duties and Liability
The regulation outlines that the potential future liability for importers will depend on the findings of the ongoing investigation. For imports from the People’s Republic of China, dumping margins are estimated to range from 140% to 170%, with an average injury elimination level between 50% and 60% for the product concerned. Similar estimates are provided for the other countries involved:
- Republic of Korea: dumping margins from 10% to 40% and injury elimination levels between 40% and 50%.
- Taiwan: dumping margins from 10% to 40% and injury elimination levels between 50% and 60%.
- Thailand: dumping margins from 60% to 90% and injury elimination levels between 40% and 50%.
The regulation stipulates that the amount of possible future liability will generally be set at the lower of the two levels indicated unless raw material distortions are identified, which may adjust the liability to the dumping margin level.
Data Protection
All personal data collected during the registration process will be handled in compliance with Regulation (EU) 2018/1725, which governs the protection of personal data within EU institutions.
Implementation and Expiry
The regulation will take effect the day after its publication in the Official Journal and will remain in force for a period of nine months following that date.
This regulation is binding in its entirety and directly applicable in all Member States of the European Union.
Analysis of Commission Implementing Regulation (EU) 2024/2732
Overview
The Commission Implementing Regulation (EU) 2024/2732, adopted on 24 October 2024, mandates the registration of imports of lysine and its derivatives from the People’s Republic of China. This regulation is a response to an anti-dumping complaint that highlighted significant dumping margins and injury to EU producers.
Product Definition
The regulation specifies that the product subject to registration includes lysine, its esters, and salts, as well as feed additives. These products must consist of a dry weight basis of at least 68% but not more than 80% of L-lysine sulphate, with the remaining components not exceeding 32% of other substances such as carbohydrates and amino acids. The regulation identifies the specific CN and TARIC codes applicable to these products for import classification purposes.
Registration Requirements
According to Article 14(5) of the basic Regulation (EU) 2016/1036, the regulation requires customs authorities to register the imports of the specified lysine products. This registration is crucial as it allows for the potential retroactive imposition of anti-dumping duties if the ongoing investigation confirms the allegations of dumping. The regulation emphasizes that the conditions for the future collection of duties will be evaluated in the context of any definitive duties that may be imposed following the investigation.
Investigation Context
The regulation notes that the complaint initiating the anti-dumping proceeding was lodged by METEX NOOVISTAGO, representing over 25% of the EU’s lysine production. The complaint indicates that the alleged dumping margins range from 64% to 81%, with a significant injury elimination level exceeding 150% for the period from October 2022 to September 2023. The regulation implies that any liability arising from the findings of the investigation will align with these estimates.
Data Protection
Any personal data collected in connection with the registration process will be handled in accordance with Regulation (EU) 2018/1725, which governs the processing of personal data by EU institutions and ensures the protection of individuals’ privacy rights.
Implementation and Duration
The regulation will enter into force the day after its publication in the Official Journal of the European Union and will remain effective for a period of nine months from that date. This timeframe is critical for the ongoing investigation and for assessing the need for any future anti-dumping measures.
Conclusion
Commission Implementing Regulation (EU) 2024/2732 represents a significant step in the EU’s trade defense mechanisms, specifically targeting the import of lysine from China amid concerns of dumping practices that could harm EU producers. The requirement for registration sets the stage for potential retroactive duties, contingent on the outcome of the ongoing investigation.
Commission Implementing Regulation (EU) 2024/2725
On 24 October 2024, the European Commission adopted a regulation making imports of mobile access equipment (MAE) originating from the People’s Republic of China subject to registration. This regulation is a response to ongoing investigations concerning potential subsidization and anti-dumping practices related to these imports.
Scope of the Regulation
The regulation specifically targets mobile access equipment designed for lifting persons, which is self-propelled and has a maximum working height of 6 meters or more. It includes pre-assembled or ready-to-assemble sections of this equipment but excludes individual components when presented separately and person-lifting equipment mounted on vehicles classified under Chapters 86 and 87 of the Harmonised System.
Classification
The products concerned are classified under specific CN codes:
- ex 8427 10 10
- ex 8427 20 19
- ex 8428 90 90
- ex 8431 20 00
- ex 8431 39 00
The regulation specifies that these codes are for informational purposes and may be subject to changes in tariff classification.
Registration Process
The regulation mandates that customs authorities register imports of the specified mobile access equipment. This registration is crucial as it allows for the potential retroactive imposition of countervailing duties if the investigation concludes that subsidization has occurred. The registration will remain valid for a period of nine months from the date of entry into force of the regulation.
Data Protection
Any personal data collected during the registration process will be managed in accordance with Regulation (EU) 2018/1725, which governs the protection of personal data within the European Union institutions.
Enforcement
This regulation becomes effective the day after its publication in the Official Journal of the European Union and is binding in its entirety, applying directly to all Member States.
In summary, the Commission Implementing Regulation (EU) 2024/2725 is a significant regulatory measure aimed at ensuring fair competition in the EU market by addressing potential subsidies in the mobile access equipment sector originating from China.
Overview of Commission Implementing Regulation (EU) 2024/2726
The Commission Implementing Regulation (EU) 2024/2726, adopted on 24 October 2024, extends a derogation from Council Regulation (EC) No 1967/2006 regarding boat seines fishing for specific species in certain territorial waters of Spain, specifically in Catalonia. This regulation is particularly focused on the fishing of sand eel (Gymnammodytes cicerelus and G. semisquamatus) and gobies (Aphia minuta and Crystalogobius linearis).
Key Provisions
Article 1: Derogation
This article states that Article 13(1) of Regulation (EC) No 1967/2006 will not apply within 3 nautical miles from the baselines under the jurisdiction of Spain in the Catalan region. This derogation allows for the use of boat seines to fish for the specified species, provided that:
- The vessels are registered on the list of authorised vessels managed by the Autonomous Community of Catalonia.
- The vessels have a track record of more than 5 years in the fishery without increasing the fishing effort.
- The vessels hold a fishing authorisation and operate under the Spanish management plan adopted in accordance with Article 19(2) of Regulation (EC) No 1967/2006.
Article 2: Monitoring Plan and Reporting
This article mandates Spain to report to the Commission within one year of the regulation’s entry into force. The report should be prepared according to the monitoring plan established in the Spanish management plan referenced in Article 1.
Article 3: Entry into Force and Period of Application
The regulation will enter into force the day after its publication in the Official Journal of the European Union and will apply from 3 July 2024 until 2 July 2026.
Background and Justification
The regulation follows previous derogations granted for similar fishing practices, with the latest expiring on 2 July 2024. Spain provided updated scientific and technical justifications for the extension. The Scientific, Technical and Economic Committee for Fisheries (STECF) evaluated the Spanish management plan and found it to contain adequate monitoring and management measures, confirming that the conditions for granting the derogation were fulfilled.
Environmental Considerations
The regulation emphasizes that the fishing practices permitted under this derogation have minimal impact on the marine environment. The use of boat seines is noted for its selectivity and its lack of interaction with the seabed, which helps in preserving marine habitats. Additionally, the Spanish management plan includes specific measures to ensure that fishing does not occur in protected habitats.
Conclusion
Commission Implementing Regulation (EU) 2024/2726 represents a continuation of regulatory flexibility for specific fishing practices in Catalonia, balancing the need for sustainable fishing practices with the economic interests of local fishers. The regulation is designed to ensure that fishing activities remain within sustainable limits while allowing for local fishing traditions to continue.
Analysis of Commission Implementing Regulation (EU) 2024/2720
The Commission Implementing Regulation (EU) 2024/2720 pertains to the registration of imports of specific seamless pipes and tubes of iron or steel originating from the People’s Republic of China. This regulation is a response to an anti-dumping investigation initiated by the European Commission following a complaint by the European Steel Tube Association, which represents a significant portion of the Union’s production in this sector.
Scope of the Regulation
The regulation specifically addresses seamless pipes and tubes characterized by:
- A circular cross-section
- An external diameter not exceeding 406.4 mm
- A Carbon Equivalent Value (CEV) not exceeding 0.86, as determined by the International Institute of Welding (IIW) formula and chemical analysis
These products are classified under various Combined Nomenclature (CN) and TARIC codes, which are provided for reference but may be subject to change.
Registration Requirement
Under Article 14(5) of the basic Regulation (Regulation (EU) 2016/1036), the regulation mandates that the customs authorities register the imports of the specified products. This registration is crucial because it allows for the potential retroactive imposition of anti-dumping duties if the investigation concludes that such duties are warranted.
Investigation and Potential Duties
The ongoing investigation into these imports has revealed allegations of dumping margins ranging from 10% to 132%, with an average injury elimination level estimated at 42% for the period from October 2022 to September 2023. Should the investigation substantiate these claims, the regulation allows for the collection of duties based on these findings.
Possible future liabilities will be determined in accordance with the findings of the investigation, and if raw material distortions are identified, the duties could potentially be set at the dumping margin level.
Data Protection Provisions
Any personal data collected during the registration process will be handled in compliance with Regulation (EU) 2018/1725, which governs the processing of personal data by EU institutions.
Regulatory Timeline
The regulation will come into effect the day after its publication in the Official Journal of the European Union and will remain in force for a period of nine months from that date.
This regulation is binding in its entirety and directly applicable in all Member States, reinforcing the EU’s commitment to fair trade practices and the protection of its industries from unfair competition.
Commission Implementing Regulation (EU) 2024/2742
This regulation pertains to the registration of a name in the register of protected designation of origin (PDO) and protected geographical indications (PGI). The name ‘Urbezo’ has been officially registered as a PDO by the European Commission.
Key Provisions
- Article 1: The name ‘Urbezo’ is registered as a protected designation of origin (PDO). This designation signifies that the product comes from a specific geographical area and possesses qualities or a reputation that are due to that origin.
- Article 2: This regulation will come into force twenty days after its publication in the Official Journal of the European Union, making it binding and directly applicable across all Member States.
Background and Context
The regulation is rooted in the EU’s legal framework concerning the protection of geographical indications, specifically referencing Regulation (EU) No 1308/2013 which establishes a common organization of the markets in agricultural products. The process for registering ‘Urbezo’ followed a specific examination procedure as laid out in the applicable regulations.
The application to register ‘Urbezo’ was forwarded by Spain and underwent scrutiny by the Commission. Notably, no objections were raised during the designated period, allowing for the seamless registration of this PDO.
This regulation aligns with the EU’s efforts to maintain the integrity and quality of agricultural products linked to specific geographical areas, thus supporting local economies and preserving traditional production methods.
Authority and Signatory
The regulation was adopted by the European Commission, specifically signed by Janusz Wojciechowski, a Member of the Commission, on behalf of the President of the Commission.
Analysis of Commission Implementing Regulation (EU) 2024/2715
Overview
The Commission Implementing Regulation (EU) 2024/2715 establishes the requirement for registration of imports of glyoxylic acid originating from the People’s Republic of China. This regulation is grounded in the European Union’s anti-dumping framework aimed at protecting Union industries from unfair trade practices.
Provisions
Product Subject to Registration
The regulation specifically targets glyoxylic acid, defined by its Chemical Abstracts Service (CAS) Number 298-12-4, with a minimum purity of 95% by dry weight. This product can be in solid form or as an aqueous solution with a concentration over 40% by weight. It is classified under the Combined Nomenclature (CN) code ex 2918 30 00, with a corresponding TARIC code of 2918 30 00 13. The classification codes are provided for informational purposes and may be subject to change.
Registration Requirements
The regulation mandates customs authorities to register imports of the specified glyoxylic acid from China. This registration is crucial as it enables the potential retroactive imposition of anti-dumping duties should the ongoing investigation substantiate claims of dumping. The Commission has exercised its authority under Article 14(5) of the basic Regulation to initiate this registration on its own initiative.
Duration of Registration
The registration established by this regulation will be valid for a period of nine months from the date of the regulation’s entry into force. This timeframe allows for the completion of the ongoing anti-dumping investigation and the assessment of any necessary duties.
Potential Liability and Investigation Findings
The regulation outlines that any future liability for anti-dumping duties will be determined based on the findings of the investigation. Allegations in the complaint suggest significant dumping margins, ranging from 96% to 112%, and an estimated injury elimination level of 50% to 60% for the year 2023. The regulation also specifies that if raw material distortions are identified during the investigation, the potential liability could be adjusted accordingly, potentially aligning with the dumping margin if lower duties are deemed insufficient to remedy the injury to the Union industry.
Data Protection Compliance
Any personal data collected as part of the registration process will be processed in accordance with Regulation (EU) 2018/1725, which governs the protection of personal data within the EU institutions.
Conclusion
This regulation represents a proactive measure by the European Commission to safeguard the Union’s economic interests in the face of potentially unfair trade practices concerning glyoxylic acid imports from China. By instituting a registration requirement, the Commission aims to ensure that it can effectively impose anti-dumping duties if warranted by the investigation’s findings.
Analysis of Commission Delegated Regulation (EU) 2024/2759
The Commission Delegated Regulation (EU) 2024/2759 outlines specific regulatory technical standards to supplement Regulation (EU) 2015/760 regarding European long-term investment funds (ELTIFs). This regulation focuses on various aspects such as the use of financial derivative instruments, redemption policies, liquidity management tools, and criteria for asset disposal.
Key Provisions
1. Use of Financial Derivative Instruments
Article 1 stipulates that financial derivative instruments may only be used for hedging risks inherent to other investments of the ELTIF, provided certain conditions are met. These conditions include the economic appropriateness of such use, consistency with the ELTIF’s risk profile, and a verifiable reduction of risks at the ELTIF level. The underlyings of derivatives must correspond to the assets the ELTIF is exposed to or belong to a similar asset class.
2. Compatibility of ELTIF Life with Asset Life-Cycles
Article 2 requires ELTIF managers to assess whether the fund’s life aligns with the life-cycles of its assets. Factors to consider include the liquidity profiles of individual assets, the timing of acquisitions and disposals, and the investment objectives of the ELTIF.
3. Minimum Holding Period
Article 3 allows ELTIF managers to determine a minimum holding period based on various criteria, such as the investment strategy, liquidity profile, and investor base. The holding period should facilitate the completion of capital investments and align with the governance of underlying assets.
4. Redemption Policy and Liquidity Management Tools
According to Article 4, if an ELTIF allows for redemptions, the manager must provide detailed information about the redemption policy and liquidity management tools to the competent authority. This includes the conditions for redemptions, procedures for processing requests, and the management of assets to meet these requests.
5. Requirements for Redemption Policy
Article 5 outlines the essential elements that must be included in the redemption policy, such as the conditions for granting redemptions, the frequency of redemptions, and the available liquidity management tools. The policy must also protect investors from potential dilution effects.
6. Matching of Transfer Requests
Article 7 specifies the requirements for matching transfer requests of ELTIF units or shares, ensuring that the process is transparent and prevents conflicts of interest. It mandates that the policy for matching should delineate the format, process, and timing of matching requests.
7. Valuation and Market Assessment
Articles 10 and 11 require ELTIF managers to assess the market for potential buyers and establish criteria for valuing assets to be divested. This assessment should include potential risks and the time required to find buyers, ensuring that valuations are conducted close to the disposal date.
8. Cost Disclosure
Article 12 mandates a comprehensive disclosure of costs associated with investing in an ELTIF. This includes all fees, management costs, and any other expenses directly or indirectly borne by investors. Common definitions and presentation formats for these costs must be established to ensure transparency.
9. Implementation and Compliance
Finally, Article 13 states that the regulation shall enter into force the day following its publication, emphasizing its binding nature across all Member States. It ensures that all provisions are directly applicable, promoting uniformity in the management and operation of ELTIFs.
This regulation aims to enhance the stability and transparency of ELTIFs, ensuring that they are equipped to manage risks effectively while aligning with the long-term investment strategies they are designed to support.
Commission Implementing Regulation (EU) 2024/2716
On October 24, 2024, the European Commission adopted Regulation (EU) 2024/2716, which mandates the registration of imports of vanillin originating from the People’s Republic of China. This regulation is a response to an anti-dumping proceeding initiated following a complaint from the company Syensqo, representing a significant portion of EU vanillin producers.
1. Product Subject to Registration
The regulation specifically addresses vanillin with the molecular formulas C8H8O3 or C9H10O3, and a purity level exceeding 95% by weight. This includes various forms of vanillin such as:
- Synthetic Vanillin
- Natural Vanillin
- Bio-sourced Synthetic Vanillin (Biovanillin)
- Ethylvanillin
The relevant Chemical Abstracts Service (CAS) numbers are 121-33-5 for Synthetic Vanillin, Natural Vanillin, and Biovanillin, and 121-32-4 for Ethylvanillin. Notably, mixtures with vanillin concentrations below 95% are excluded from this regulation.
The products are categorized under Combined Nomenclature (CN) codes ex 2912 41 00 for Synthetic, Natural, and Bio-sourced Synthetic Vanillin, and ex 2912 42 00 for Ethylvanillin. These codes are provided for informational purposes and may be subject to change.
2. Registration Requirements
In accordance with Article 14(5) of Regulation (EU) 2016/1036, the Commission has determined that the imports of the specified vanillin products must be registered. This measure is intended to facilitate the potential imposition of anti-dumping duties retroactively, should the ongoing investigation yield findings that justify such actions.
The investigation has suggested a dumping margin of 55.13% and an estimated injury elimination level between 45% and 53% for the year 2023. Any future liabilities will depend on the conclusions drawn from the ongoing investigation.
3. Data Protection
The regulation stipulates that any personal data collected during the registration process will be processed in accordance with Regulation (EU) 2018/1725, which governs the protection of personal data by EU institutions and bodies.
4. Duration of Registration
The registration requirement will remain in effect for a period of nine months from the date the regulation enters into force.
5. Entry into Force
This regulation will take effect the day after its publication in the Official Journal of the European Union, reinforcing its binding nature across all EU Member States.
Commission Implementing Regulation (EU) 2024/2731 Overview
The Commission Implementing Regulation (EU) 2024/2731, adopted on 24 October 2024, establishes a framework for the registration of imports of flat-rolled products of iron or non-alloy steel that are plated or coated with tin, originating from the People’s Republic of China. This regulation is a response to an anti-dumping investigation initiated by the European Commission following a complaint filed by EUROFER, representing a significant portion of the Union’s production.
1. Product Subject to Registration
The regulation specifically targets tin mill flat-rolled products made of iron or non-alloy steel, which are coated or plated with tin. These products may also include additional coatings such as plastic materials or varnish. The relevant classifications for these products are outlined under various Combined Nomenclature (CN) codes and TARIC codes, providing a detailed categorization for customs authorities.
2. Registration Process
According to Article 14(5) of the basic Regulation (EU) 2016/1036, the registration of imports is a precautionary measure. This allows for the possibility of retroactive anti-dumping duties if the ongoing investigation concludes that such measures are warranted. The Commission’s decision to impose registration is proactive, intending to safeguard the Union’s interests during the investigation process.
Future liabilities related to potential duties will be determined based on the findings of this investigation. The complaint cites estimated dumping margins ranging from 25% to 35% for the period from October 2022 to September 2023, with an average injury elimination level of 15.6% for the concerned products. The regulation stipulates that the amount of any future liability will be determined by the lower of the dumping margin or the injury elimination level unless specific conditions regarding raw material distortions are met.
3. Processing of Personal Data
The regulation also addresses the handling of personal data collected during the registration process in accordance with Regulation (EU) 2018/1725, ensuring that data protection standards are upheld throughout the procedure.
4. Implementation and Duration
Article 1 of the regulation mandates customs authorities to register the specified imports from China, with the registration set to expire nine months after the regulation comes into force. The regulation will be effective immediately following its publication in the Official Journal of the European Union.
This regulation is binding and directly applicable in all Member States, reflecting the European Commission’s commitment to maintaining fair trade practices within the Union’s market.
Commission Implementing Regulation (EU) 2024/2719 Overview
The Commission Implementing Regulation (EU) 2024/2719, adopted on 24 October 2024, introduces a registration requirement for imports of certain hot-rolled flat products of iron, non-alloy, or other alloy steel originating from Egypt, India, Japan, and Vietnam. This measure is part of an ongoing anti-dumping investigation initiated by the European Commission following a complaint from the European steel industry.
Product Scope
The regulation specifies that the products subject to registration include flat-rolled products of iron, non-alloy steel, or other alloy steel that are hot-rolled and not further processed. This encompasses products in coils as well as cut-to-length and narrow strip products. However, certain categories are explicitly excluded:
- Products made of stainless steel and grain-oriented silicon electrical steel.
- Tool steel and high-speed steel products.
- Non-coil products without patterns in relief that exceed 10 mm in thickness and 600 mm in width.
- Non-coil products without patterns in relief that have a thickness between 4.75 mm and 10 mm and a width of 2050 mm or more.
Classification Codes
The products in question are classified under various CN codes, including but not limited to:
- 7208 10 00
- 7208 25 00
- 7208 26 00
- 7225 30 90
- 7226 91 91
These codes are provided for reference and may be subject to change in tariff classification.
Registration Process
According to Article 14(5) of the basic Regulation (EU) 2016/1036, the Commission mandates the registration of these imports to facilitate any potential future anti-dumping duties that may be applied retroactively, should the investigation substantiate such action.
The registration will be valid for a period of nine months from the regulation’s entry into force, allowing for the collection of relevant data during the ongoing investigation.
Allegations of Dumping
The regulation notes that imports from Egypt and Japan are estimated to have dumping margins ranging from 30% to 40% and 10% to 20%, respectively. For India and Vietnam, the margins are around 10% and 5% to 15%. These figures are crucial as they inform the assessment of potential future liabilities related to anti-dumping duties.
Data Protection
Any personal data collected in the context of this registration will be handled in accordance with Regulation (EU) 2018/1725, which governs the protection of individuals with regard to the processing of personal data by Union institutions.
Conclusion
This regulation represents a proactive approach by the European Commission to safeguard the Union’s steel industry from potential unfair trade practices through the registration of imports that may be subject to anti-dumping duties. The regulation will enter into force the day after its publication in the Official Journal of the European Union, thus ensuring immediate compliance across Member States.
Commission Implementing Regulation (EU) 2024/2733 Overview
This regulation, adopted by the European Commission, addresses the imports of multilayered wood flooring originating from the People’s Republic of China, specifically making these imports subject to registration. This measure falls under the framework of the EU’s anti-dumping regulations aimed at protecting EU industries from unfair trade practices.
Key Provisions
1. Product Definition
The regulation specifies that the product subject to registration is defined as assembled flooring panels, multilayer, of wood. Notably, it excludes panels made of bamboo or those with bamboo as at least the top layer, as well as mosaic floor panels. The classification for these products is under CN code 4418 75 00, which is provided for informational purposes and may be subject to change.
2. Registration Requirement
Under Article 14(5) of the basic Regulation (EU) 2016/1036, the Commission mandates that imports of the specified multilayered wood flooring be registered. This registration is crucial as it allows for the potential retroactive imposition of anti-dumping duties if the investigation concludes that such measures are warranted. This registration is initiated by the Commission on its own accord, indicating a proactive approach in addressing potential dumping practices.
3. Investigation Context
The regulation follows a complaint filed by the European Parquet Federation, representing over 25% of the EU’s total production of multilayered wood flooring. The complaint highlighted estimated dumping margins ranging from 60% to 160%, and an injury elimination level between 40% and 50% for the period from October 2022 to September 2023. This context sets the stage for the ongoing investigation into the pricing practices of imports from China.
4. Future Liabilities
The regulation outlines that any future liabilities arising from the investigation will depend on its findings. If evidence of raw material distortions is found, the potential future duties may align with the dumping margins instead of the injury elimination levels, emphasizing the seriousness with which the EU treats the issue of unfair competition.
5. Data Protection
Any personal data collected during the registration process will be handled in compliance with Regulation (EU) 2018/1725, which governs the processing of personal data by EU institutions. This provision ensures that the rights of individuals are protected throughout the registration and investigation processes.
6. Duration of Registration
The registration requirement will remain in effect for nine months from the date the regulation enters into force, which is the day following its publication in the Official Journal of the European Union.
In summary, this regulation reflects the EU’s commitment to safeguarding its internal market against potentially harmful trade practices through a structured and legally grounded approach to registration and investigation of imports.
Overview of Commission Implementing Regulation (EU) 2024/2775
The Commission Implementing Regulation (EU) 2024/2775, adopted on 23 October 2024, amends Regulation (EC) No 1484/95. This regulation establishes detailed rules for implementing a system of additional import duties and fixing representative prices for poultrymeat, eggs, and egg albumin.
Key Provisions
Article 1 of the regulation replaces Annex I of Regulation (EC) No 1484/95. This amendment is based on regular monitoring that indicates a need to adjust representative import prices for certain poultrymeat and egg products. The adjustments reflect variations in prices based on the country of origin.
Article 2 states that the regulation will enter into force immediately upon its publication in the Official Journal of the European Union, emphasizing the urgency to implement these updates as soon as the new data becomes available.
Details in the Annex
The new Annex I includes specific product categories along with their corresponding representative prices and security measures under Article 3. For instance, it lists:
- CN code: 0207 14 10
- Description: Fowls of the species Gallus domesticus, boneless cuts, frozen
- Representative price: 328.3 EUR/100 kg
- Security under Article 3: 0 EUR/100 kg
- Origin: BR (Brazil)
This structured approach aims to ensure that the pricing system is reflective of current market conditions and supports fair competition within the EU markets.
Conclusion
The regulation underscores the European Commission’s commitment to maintaining an updated and effective framework for monitoring agricultural product prices, thereby enhancing the common organisation of markets in agricultural products.
Commission Delegated Regulation (EU) 2024/2765
The Commission Delegated Regulation (EU) 2024/2765, adopted on June 24, 2024, serves to correct inaccuracies in the Polish language version of Commission Delegated Regulation (EU) 2015/35, which supplements Directive 2009/138/EC concerning the business of Insurance and Reinsurance, also known as Solvency II.
Key Provisions
Article 1 of the regulation states that it does not concern the English language, implying that the corrections are specific to the Polish text.
Article 2 stipulates the entry into force of this regulation, which will be effective twenty days after its publication in the Official Journal of the European Union. Additionally, the regulation is binding in its entirety and directly applicable in all Member States, ensuring that all countries within the EU adhere to the corrected provisions.
Context of the Corrections
The need for these corrections arises from errors identified in the Polish language text of the earlier regulation, specifically in Article 82(1), point (b), regarding the eligible amount of Tier 3 items, and in Articles 134(4), 209(3), and 218(2), point (b), which pertain to applicable periods of 12 months. These inaccuracies are noted to affect the substance of the provisions, thus necessitating the amendments to maintain legal clarity and consistency across language versions.
Conclusion
This regulation is part of the European Commission’s ongoing efforts to ensure the accuracy and reliability of legal texts within the EU framework, particularly in relation to critical areas such as insurance and reinsurance regulation under Solvency II.
Analysis of Commission Implementing Regulation (EU) 2024/2718
Overview
The Commission Implementing Regulation (EU) 2024/2718, dated 24 October 2024, establishes a registration requirement for imports of decor paper originating from the People’s Republic of China. This measure is part of an ongoing anti-dumping investigation initiated by the European Commission in response to a complaint from European producers.
Product Definition
The regulation specifically targets decor paper that meets the following criteria:
- Weight: 30-150 g/m2
- Ash content: Between 5% and 50%
- Klemm absorbency: At least 12 millimeters per 10 minutes or a resin pick-up of 20% to 200%
- Wet tensile strength: 6 to 12 Newton (N) per 15 millimeters
- Gurley porosity: 3 to 80 seconds per 100 millilitres
- Smoothness: 20 to 300 according to the Bekk method
- Form: In reels with a width of up to 300 centimeters
- Pre-impregnation: May be pre-impregnated with latices or natural binders (like starch)
- Exclusions: Not applicable to wallpaper, similar wallcoverings, or papers saturated with certain resin solutions
The applicable CN and TARIC codes for the product are detailed in the regulation but provided for informational purposes only.
Registration Requirement
The regulation mandates that customs authorities register imports of the specified decor paper. This registration is instituted under Article 14(5) of Regulation (EU) 2016/1036, allowing for the potential retroactive imposition of anti-dumping duties should the investigation substantiate claims of dumping.
The registration will last for a period of nine months from the regulation’s entry into force, which is the day following its publication in the Official Journal of the European Union.
Potential Future Liabilities
The investigation has indicated possible dumping margins ranging from 35% to 45% and an average injury elimination level of approximately 43% to 53% for the period from October 2022 to September 2023. Should the investigation confirm these findings, the Commission may impose duties retroactively on registered imports based on the lower of the estimated injury levels or dumping margins, unless raw material distortions are identified.
Data Protection
Any personal data collected during the registration process will be managed in accordance with Regulation (EU) 2018/1725, which governs the processing of personal data by EU institutions.
Conclusion
This regulation represents a significant step in the EU’s enforcement of anti-dumping measures, aiming to protect its domestic industries from unfair trade practices while ensuring compliance with relevant data protection standards.
Council Implementing Regulation (EU) 2024/2755
This regulation, adopted on 24 October 2024, amends Regulation (EU) 2022/2309, which pertains to restrictive measures in response to the situation in Haiti. The measures are based on the latest updates from the United Nations Security Council (UNSC) regarding individuals involved in activities that threaten the peace and stability of Haiti.
Key Provisions
Article 1
Annex I of Regulation (EU) 2022/2309 is amended to include additional entries to the list of individuals and entities subject to restrictive measures. This amendment reflects the recent decisions made by the UNSC, particularly in relation to the designation of two individuals involved in serious criminal activities in Haiti.
Article 2
The regulation comes into force on the date of its publication in the Official Journal of the European Union. It is binding in its entirety and directly applicable across all EU Member States.
Newly Listed Individuals
The regulation introduces two new entries to the list of persons subject to sanctions:
1. Prophane Victor
- Function: Former member of the Haitian Parliament.
- Nationality: Haitian
- Date of UN Designation: 27 September 2024
- Gender: Male
- Activities: Involved in weapons trafficking, supporting gangs, and using violence for political gain. He has a history of arming gangs in the Artibonite department and diverting government revenues.
- Background: Served as a deputy in the National Assembly from 2016 to 2020. He has been linked to the Gran Grif gang, which is known for severe human rights abuses.
2. Luckson Elan
- Function: Leader of the Gran Grif gang.
- Date of Birth: 6 January 1988
- Nationality: Haitian
- Date of UN Designation: 27 September 2024
- Gender: Male
- Activities: Responsible for leading one of the most powerful gangs in the Artibonite Department, involved in human rights abuses, weapon trafficking, and various violent crimes including extrajudicial killings and mass kidnappings.
- Background: Under his leadership, the gang has expanded its control and engaged in numerous criminal activities, including recruiting children for gang activities and committing acts of sexual violence.
Conclusion
The adoption of this regulation reflects the EU’s commitment to combating violence and instability in Haiti through targeted sanctions against individuals who undermine peace and security in the region. The measures are part of a broader strategy to address the deteriorating situation in Haiti and to promote stability and security.
Judgment of the Court (Tenth Chamber) – Case C‑476/23
Overview
This judgment addresses the interpretation of Article 22(3) of Directive 97/67/EC regarding the rights of postal service providers to appeal decisions made by national regulatory authorities (NRAs). The ruling emanates from a preliminary ruling request by the Varhoven administrativen sad (Supreme Administrative Court, Bulgaria) concerning a dispute involving ‘STAR POST’ EOOD and the Komisia za regulirane na saobshteniata (KRS).
Key Provisions
Article 22(3) of Directive 97/67/EC
This article mandates that Member States must establish effective mechanisms allowing any user or postal service provider affected by a decision of an NRA the right to appeal to an independent body. Importantly, the decision of the NRA shall remain in effect pending the outcome of the appeal unless the appeal body decides otherwise.
Case Background
The case arose when the KRS determined the net costs of providing the universal postal service by Balgarski Poshti (BP) and concluded that these costs created an unfair financial burden on BP. ‘STAR POST’ EOOD contested this decision, arguing that it was adversely affected due to its competitive position in the market.
Legal Framework
The judgment references several key articles from Directive 97/67/EC, including:
- Article 2: Definitions relevant to the directive, including ‘postal service provider’ and ‘universal service provider’.
- Article 7: Provisions concerning the financing of universal services and the calculation of net costs.
- Article 14: Requirements for accounting practices of universal service providers to ensure transparency and fair competition.
Interpretation of ‘Affected’
The Court examined how to interpret the term “affected” in Article 22(3). It concluded that both the addressees of the NRA’s decisions and competing postal service providers could be considered “affected” if the decisions were made in a context aimed at ensuring competition and could impact the market position of those providers.
Judgment Findings
The Court ruled that Article 22(3) of Directive 97/67/EC, in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, precludes national legislation that denies a competing postal service provider the right to appeal a KRS decision regarding net costs and unfair financial burdens, even if that provider is not the direct addressee of the decision.
Conclusion
This judgment underscores the importance of ensuring that all postal service providers, particularly competitors of universal service providers, have the right to challenge regulatory decisions that may impact their ability to compete fairly in the market. It reinforces the principles of effective judicial protection and competition within the context of EU postal services regulation.
Judgment Summary: Case C-441/23
The Court of Justice of the European Union delivered a judgment on 24 October 2024, addressing crucial aspects of temporary agency work, particularly the definitions and responsibilities of temporary-work agencies and user undertakings under Directive 2008/104/EC and Directive 2006/54/EC.
Legal Context
The case arose from a request for a preliminary ruling by the Tribunal Superior de Justicia de Madrid concerning the interpretation of several provisions of the aforementioned directives in the context of a dispute involving LM (the worker) and various companies, including Microsoft and Leadmarket.
Key Provisions Interpreted
Directive 2008/104/EC
- Article 3(1): Definitions – This article defines key terms such as ‘worker’, ‘temporary-work agency’, ‘temporary agency worker’, ‘user undertaking’, and ‘assignment’. A ‘temporary-work agency’ is identified as any entity that employs workers to assign them to user undertakings for temporary work.
- Article 5(1): Principle of Equal Treatment – It mandates that the basic working and employment conditions of temporary agency workers must be at least equal to those applicable if they had been directly recruited by the user undertaking for the same position.
Directive 2006/54/EC
- Article 15: Return from Maternity Leave – This article ensures that a woman returning from maternity leave is entitled to return to her job or an equivalent position with no less favorable terms.
Judgment Highlights
Applicability of Directive 2008/104
The Court ruled that Directive 2008/104 applies to any natural or legal person that enters into an employment relationship with a worker for the purpose of assigning that worker to a user undertaking, even if the assigning entity lacks formal recognition as a temporary-work agency under national law due to not having the requisite administrative authorization. This interpretation is vital for ensuring uniform protection for temporary agency workers across the EU.
Concept of Temporary Agency Work
The Court clarified that the concept of ‘temporary agency work’ encompasses situations where an undertaking, regardless of its recognition status, assigns a worker to a user undertaking, provided that the worker performs duties under the supervision and direction of the user undertaking. This includes ensuring that the user undertaking exercises a degree of control over the worker’s tasks and working conditions.
Equal Treatment and Remuneration
Under Article 5(1), the Court confirmed that temporary agency workers must receive remuneration equivalent to that of directly hired employees for the same job during their assignment at the user undertaking. This provision is fundamental in preventing wage discrimination against temporary agency workers.
Maternity Leave Provisions
The Court deemed the questions regarding the reinstatement of a worker after maternity leave as inadmissible due to insufficient clarity on whether the worker’s employer was recognized as a temporary-work agency, and whether an employment relationship existed at the time of dismissal.
Conclusion
This judgment clarifies the scope of protection afforded to temporary agency workers, emphasizing the importance of equal treatment and the responsibilities of both temporary-work agencies and user undertakings. It reinforces the EU’s commitment to ensuring fair working conditions across different employment frameworks.
Judgment of the Court (Ninth Chamber) – Case C‑513/23
This judgment addresses the interpretation of Article 42(3)(b) of Directive 2014/24/EU concerning public procurement, particularly relating to technical specifications in public works contracts.
Key Provisions and Context
The case originated from a request for a preliminary ruling by the Administrative Court of Pleven, Bulgaria, involving a dispute between the Municipality of Pleven and the Head of the Management Authority of the operational programme ‘Regions in Growth’ 2014-2020. The dispute revolved around a financial correction imposed due to alleged non-compliance with public procurement rules regarding technical specifications.
Directive 2014/24/EU Overview
Directive 2014/24/EU sets out the regulations governing public procurement in the EU, aiming to ensure fair competition and transparency. Article 42 specifically addresses the formulation of technical specifications, emphasizing that they should not create unjustified barriers to competition.
Article 42(3)(b) Specifics
Article 42(3)(b) stipulates that technical specifications may reference various standards such as national standards transposing European standards, European Technical Assessments, and international standards. Importantly, any such reference must be accompanied by the phrase “or equivalent,” allowing for alternatives to the specified standards.
Judgment Highlights
The Court ruled that national legislation requiring the inclusion of the words “or equivalent” with every reference to a standard in procurement documents is permissible and does not conflict with Directive 2014/24. This ruling aligns with the directive’s objective to promote competition by ensuring that technical specifications do not unfairly limit the participation of economic operators.
Interpretation of Equivalence
The Court emphasized that the requirement to include “or equivalent” applies universally to references made to standards, including harmonised standards as defined under Regulation (EU) No 305/2011. This means that even if a technical specification is based on a harmonised standard, contracting authorities must still allow for equivalent alternatives to ensure broad access to procurement opportunities.
Implications for Technical Specifications
The judgment clarifies that contracting authorities cannot reject tenders solely because they do not comply with the specified technical standards if the tenderer can demonstrate that their proposed solutions meet the requirements equivalently. This supports innovation and diversity in technical solutions offered by bidders.
Conclusion
The ruling reinforces the principle that public procurement processes must remain open and competitive, allowing for a variety of solutions that meet the necessary standards. It underscores the importance of ensuring that technical specifications are drafted in a manner that encourages participation from a wide range of economic operators, thereby fostering competition and innovation in public contracts.
Analysis of the Judgment of the Court (First Chamber) C-227/23
Overview
The judgment addresses the interpretation of various provisions related to copyright law, particularly focusing on the applicability of the EU Directive 2001/29/EC and the Berne Convention regarding works of applied art originating from third countries.
Key Provisions and Interpretations
1. Material Scope of EU Law
The Court establishes that a situation where a company claims copyright protection for a work of applied art marketed in a Member State falls within the material scope of EU law, provided that the work qualifies as a ‘work’ under Directive 2001/29/EC. This confirms that the Directive’s provisions apply irrespective of the country of origin or the nationality of the author, focusing instead on the internal market context.
2. Applicability of Exclusive Rights
Articles 2(a) and 4(1) of Directive 2001/29 confer exclusive rights to authors for reproduction and distribution of their works. The Court clarifies that these provisions apply to works of applied art from third countries, affirming that the lack of specific mention of country of origin or author nationality does not exclude such works from protection under EU law.
3. Material Reciprocity and EU Law
The judgment concludes that Member States are precluded from applying the criterion of material reciprocity as set out in Article 2(7) of the Berne Convention in relation to works of applied art from third countries. This interpretation emphasizes that the EU legislature retains exclusive competence to define any limitations to copyright rights, ensuring uniformity and legal certainty across Member States.
4. National Treatment and International Obligations
The Court reiterates that while the Berne Convention allows for national discretion, EU law’s harmonization efforts necessitate that Member States cannot invoke international agreements to justify deviations from EU law. The judgment reinforces that the EU’s obligations under international treaties must be integrated into its legal framework without allowing for conflicting national interpretations.
5. Article 351 TFEU Considerations
The ruling clarifies that Article 351 TFEU does not permit Member States to apply the material reciprocity criterion derogatorily against the provisions of EU law. This underscores the principle that prior international agreements cannot hinder the application of EU law post-accession, ensuring that EU directives take precedence in areas of harmonization.
Conclusion
This judgment serves as a significant clarification regarding the intersection of EU copyright law and international obligations, particularly highlighting the EU’s commitment to a unified legal framework for the protection of intellectual property rights across its Member States. It emphasizes the need for consistency and high protection standards in the internal market, thereby reinforcing the EU’s role in shaping copyright law in a global context.
Judgment Analysis of Case C‑347/23 [Zabitoń]
Overview
This judgment from the Court of Justice of the European Union addresses the interpretation of the term “consumer” as defined in Article 2(b) of Directive 93/13/EEC concerning unfair terms in consumer contracts. The case involves a couple, LB and JL, who entered into a mortgage loan agreement with Getin Noble Bank S.A. to purchase a residential property intended for rental purposes.
Legal Context
The judgment builds upon the provisions of Directive 93/13/EEC and Polish civil law. Article 2(b) of the directive defines a “consumer” as any natural person acting for purposes outside their trade, business, or profession. The Polish Civil Code similarly defines a consumer in a manner that aligns with the directive.
Facts of the Case
LB and JL, a married couple residing in the UK, entered into a mortgage loan agreement in 2008 to finance the purchase of a single residential property in Warsaw, Poland. Their intention was to lease this property to generate income primarily to cover the mortgage repayments. They sought reimbursement from the court, alleging that the mortgage agreement contained unfair terms that should render it invalid.
Legal Question
The key question referred to the Court was whether LB and JL could be classified as “consumers” under the directive, given that their mortgage loan was intended to finance a rental property, which could be interpreted as a business activity.
Judgment Findings
The Court concluded that the definition of “consumer” should be interpreted broadly to protect individuals in weaker bargaining positions. It emphasized that the mere intention to earn income from a rental property does not automatically disqualify a person from being considered a consumer. The determination of whether LB and JL were acting within their trade or profession was crucial.
Key Considerations
- The concept of “consumer” is objective and based on the purpose of the contract rather than the individual’s knowledge or expertise.
- The Court highlighted that the weak position of consumers in relation to sellers or suppliers necessitates a protective interpretation of the directive.
- It was noted that the applicants were employed in unrelated professions and had no intention of engaging in property management as a business.
Conclusion
The Court ruled that LB and JL should be regarded as consumers under Article 2(b) of Directive 93/13, stating that the intent to lease a single property for income does not negate their consumer status. This interpretation underscores the directive’s aim of providing consumer protection against unfair contractual terms.
Judgment Overview: Case C‑339/23
This judgment from the Court of Justice of the European Union (CJEU) addresses critical aspects of consumer protection in credit agreements, particularly concerning the obligations of creditors under Directive 2008/48/EC. The case arose from a dispute between Horyzont Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty and a consumer, LC, who contested the validity of a credit agreement due to the creditor’s alleged failure to assess her creditworthiness.
Key Provisions of Directive 2008/48/EC
- Article 8: Obligation to Assess Creditworthiness – This article mandates that creditors must assess a consumer’s creditworthiness before concluding a credit agreement. The assessment must be based on sufficient information, which may include data from the consumer and relevant databases.
- Article 10: Information Requirements – This provision outlines the specific information that must be included in credit agreements, ensuring that consumers are adequately informed about the terms and implications of the credit they are entering into.
- Article 23: Penalties for Non-Compliance – Member States are required to establish penalties for breaches of obligations under the directive, which must be effective, proportionate, and dissuasive. The article gives Member States discretion in determining the nature of these penalties.
Background of the Case
The dispute originated when LC entered into a consumer credit agreement with Nest Bank for a substantial sum. After failing to repay the loan, Horyzont, the assignee of the debt, initiated legal proceedings. LC contested the agreement, arguing that Nest Bank did not perform the necessary creditworthiness assessment as stipulated by EU law.
The referring court noted that the Polish legislation implementing Directive 2008/48 did not specify penalties for failing to assess creditworthiness. While various penalties exist in Polish law, the court highlighted a gap regarding specific repercussions for non-compliance with Article 8 of the directive.
Court’s Consideration
The CJEU was tasked with interpreting whether the penalties for failing to assess creditworthiness under Article 8 could differ from penalties associated with other obligations, such as those outlined in Article 10 regarding information disclosure.
The judgment clarified that while Member States have the discretion to impose different penalties for breaches of various obligations, these penalties must still fulfill the directive’s requirement of being effective, proportionate, and dissuasive. The court emphasized that the distinct objectives of the obligations under the directive justify the possibility of differing penalties.
Conclusion
Ultimately, the CJEU ruled that Article 23 of Directive 2008/48 does not preclude a Member State from establishing different penalties for non-compliance with the obligation to assess consumer creditworthiness compared to other obligations under the directive. This interpretation reinforces the need for a balanced and effective system of penalties that can address the specific nature of different breaches while safeguarding consumer interests.
The case highlights the ongoing importance of consumer protection in the credit market and the need for creditors to comply rigorously with their obligations to prevent over-indebtedness among consumers.
Analysis of the Judgment of the Court – Case C‑240/22 P
Background to the Dispute
The case involves an appeal by the European Commission against a judgment of the General Court that annulled parts of the Commission’s decision regarding Intel Corporation’s alleged abuse of its dominant position in the market for x86 CPUs, specifically through the use of loyalty rebates and payments to certain OEMs and retailers aimed at foreclosing competition from AMD, Intel’s main competitor.
Key Provisions and Findings
General Overview
The judgment focuses on multiple grounds of appeal raised by the Commission, addressing issues such as the standard of proof required for the AEC (as-efficient competitor) test, the examination of loyalty rebates, and the rights of defense of the Commission during the proceedings.
First Ground of Appeal
The Commission argued that the General Court ruled ultra petita, which means it exceeded its jurisdiction by annulling parts of the Commission’s decision that were not challenged by Intel. The Court dismissed this claim, stating that the annulment did not extend beyond what Intel sought in its application.
Second Ground of Appeal
This ground alleged that the General Court infringed the Commission’s rights of defense by not adequately considering the evidence presented during the administrative procedure. The Court found that the General Court did not err in its examination and upheld its findings.
Third Ground of Appeal
The Commission contended that the General Court made errors in assessing the evidence regarding Dell’s contestable share and the AEC test. The Court upheld the General Court’s findings, stating that the Commission failed to demonstrate that the 7.1% contestable share was accurate and that the AEC test was vitiated by errors.
Fourth Ground of Appeal
The Commission claimed that the General Court erred in its examination of the AEC test in relation to HP, particularly concerning the calculation of the required share and the reinforcing factors. The Court confirmed the General Court’s findings, stating that the Commission did not adequately demonstrate the capability of the rebates granted to HP to foreclose competition.
Fifth Ground of Appeal
This ground focused on the AEC test related to Lenovo, where the Commission argued that the General Court misinterpreted the test and disregarded the nature of the rebates. The Court found that the General Court’s analysis of the non-cash advantages granted to Lenovo was correct and consistent with the AEC test’s requirements.
Sixth Ground of Appeal
The Commission argued that the General Court incorrectly assessed the consequences of the errors found in the AEC test. The Court rejected this claim, emphasizing that the Commission bore the burden of proof to demonstrate the anticompetitive effects of Intel’s conduct, which it failed to do adequately.
Conclusion
The Court ultimately dismissed the Commission’s appeal, reaffirming the General Court’s decision to annul parts of the Commission’s previous ruling against Intel. The Court ordered the Commission to bear its own costs and pay those incurred by Intel and the interveners in the case.
Implications
This judgment underscores the importance of rigorous evidence assessment in competition law cases, particularly in demonstrating the capability of alleged anticompetitive practices to foreclose competition. The ruling reinforces the necessity for the Commission to provide a robust and comprehensive analysis in its decisions regarding dominant market players and their conduct.
Overview of Decision No 1/2024
Decision No 1/2024 of the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties was adopted on 30 September 2024. This decision amends Decision No 4/2023 regarding the standard forms used for the communication of information and statistical data, as well as the transmission of information via the Common Communication Network between EU Member States and the United Kingdom.
Key Provisions
Article 1 – Amendments to Standard Forms
This article specifies modifications to the standard form used for requests for information, spontaneous exchanges of information, and feedback under the Protocol on administrative cooperation and combating fraud in the area of VAT. The amendments include the addition of a new section at the end of the existing ‘Request for notification’ section. This new part, titled ‘CERTIFICATE (Article PVAT.12 of the Protocol)’, is designed to enhance the details regarding the follow-up of notifications.
Content of the New Section
The new section requires the requesting authority to certify the outcome of the notification process. It includes several checkboxes for the authority to indicate:
- Whether the instrument or decision attached to the request has been successfully notified to the addressee, along with the date of notification.
- The method of notification (e.g., in person or by another procedure, which must be described).
- If the notification could not be completed, the authority must provide reasons which may include the addressee being unknown, deceased, or other explanations (to be specified).
Article 2 – Entry into Force
This article states that the decision will enter into force on the date it is adopted, signaling immediate implementation of the changes outlined.
Conclusion
The amendments aim to improve the framework for administrative cooperation and the recovery of claims between the EU Member States and the UK, ensuring that the communication processes are more efficient and transparent.
State aid – Decision to raise no objections
Overview of State Aid Decision C/2024/6371
The EFTA Surveillance Authority has issued a decision raising no objections to a state aid measure concerning Norway, specifically regarding a temporary exemption from the NOx tax. This decision is formally documented under Case No. 92189 and Decision No. 084/24/COL, adopted on June 11, 2024.
Details of the Aid Measure
- Title of the Measure: Temporary NOx tax exemption
- Legal Basis: The measure is based on the Annual Parliamentary Resolution on excise duties.
- Type of Measure: This is categorized as a scheme.
- Objective: The primary objective is environmental protection.
- Form of Aid: The aid takes the form of a tax exemption.
- Budget: The total budget allocated for this measure is NOK 3,640 million.
- Intensity: The measure provides for a 100% exemption from the NOx tax.
- Duration: The exemption is set to be in effect from 2026 to 2027.
- Economic Sectors Affected: The measure applies to all sectors that emit NOx.
- Granting Authority: The Norwegian Ministry of Climate and Environment is responsible for administering the aid.
For further details, the authentic text of the decision, excluding confidential information, can be accessed on the EFTA Surveillance Authority’s website. Additional information can also be found through the European Union’s data repository.
Links
State aid – Decision to raise no objections
State Aid Decision: C/2024/6482
The EFTA Surveillance Authority has issued a decision regarding state aid measures in Norway, specifically related to the Green Industry Financing Fund. This decision, adopted on 10 July 2024, falls under case number 92375 and is formally recognized as Decision No. 111/24/COL.
Key Provisions of the Decision
Beneficiary and Legal Framework
The aid is aimed at supporting the Green Industry Financing Fund, which operates under the legal framework established by Prop. 104 S (2023-2024) and an assignment letter from the Ministry of Trade, Industry and Fisheries directed to Innovation Norway. The rules governing the scheme are outlined in the general financing policy dated 10 February 2023.
Type of Measure
This decision pertains to a scheme-type measure, which indicates that it is part of a broader program rather than an isolated aid package.
Objective of the Scheme
The primary objective of the Green Industry Financing Fund is to facilitate the green transition, promoting investments in environmentally sustainable projects and technologies.
Form and Budget of Aid
The aid will be provided in the form of loans, with a total budget allocated to this scheme amounting to NOK 5 billion. This substantial financial commitment underscores the EFTA Surveillance Authority’s support for green initiatives within the region.
Intensity and Duration
The intensity of the aid is set between 20% and 45% of eligible costs, allowing for a flexible approach to financing that can adapt to various projects’ needs. The duration of this aid scheme is established until 31 December 2025, providing a timeframe for beneficiaries to access the funds.
Target Economic Sectors
The scheme specifically targets economic sectors involved in green investments, aligning with broader EU objectives of sustainability and environmental responsibility.
Granting Authority
Innovation Norway serves as the granting authority for this aid, located at PO Box 448 Sentrum, N-0104 Oslo, Norway. This agency is responsible for the administration and distribution of the funds under this scheme.
Conclusion
This decision by the EFTA Surveillance Authority represents a significant step in promoting green investments in Norway, reinforcing the commitment to sustainable development and the green transition in the region.
For further details, the authentic text of the decision can be accessed on the EFTA Surveillance Authority’s website.
State aid – Decision to raise no objections
State Aid Decision Overview
The EFTA Surveillance Authority has issued a decision regarding state aid measures, specifically raising no objections to the following initiative:
Decision Details
- Date of Adoption: 10 July 2024
- Case Number: 92250
- Decision Number: 112/24/COL
- EFTA State: Norway
Beneficiary Information
Title: ENOVA investment aid scheme for floating offshore wind
Legal Framework
Legal Basis: Enova Programmes
Measure Characteristics
- Type of Measure: Scheme
- Objective: Environmental
- Form of Aid: Grants
- Budget: NOK 10 billion
- Intensity: Up to 100% of the total investment cost
- Duration: Until 31 December 2025
- Economic Sectors: Production of electricity
Granting Authority
Name: Enova SF
Address: Brattørkaia 17A, 7010 Trondheim, NORWAY
Additional Information
The authentic text of the decision, from which all confidential information has been removed, is available on the EFTA Surveillance Authority’s website:
EFTA Surveillance Authority.
For more detailed legal information, refer to the European Legislation Identifier (ELI):
ELI Document.
No state aid within the meaning of Article 61(1) of the EEA Agreement
Analysis of EFTA Surveillance Authority Decision C/2024/6364
The EFTA Surveillance Authority has issued a decision regarding Norway’s involvement in the restructuring of Scandinavian Airlines System (SAS). This decision, adopted on June 27, 2024, under case number 92206 and decision number 094/24/COL, assesses whether Norway’s actions constitute state aid as defined in Article 61(1) of the EEA Agreement.
Key Provisions
- Decision Context: The measure under scrutiny is Norway’s participation in the restructuring of SAS, a significant player in the air transport sector.
- Legal Basis: The analysis is grounded in the legal framework of the EEA Agreement, specifically focusing on the implications of state aid regulations.
- Type of Measure: The measure is categorized as ‘ad hoc’, indicating that it is not part of a broader scheme but rather a specific intervention.
- Form of Aid: The EFTA Surveillance Authority concluded that there is ‘no aid’ involved in this measure, meaning that it does not distort competition or affect trade between EFTA states.
- Economic Sectors: The decision pertains explicitly to the air transport sector, highlighting the relevance of this industry in the context of state aid evaluations.
- Granting Authority: The authority responsible for the measure is Export Finance Norway, located in Oslo, Norway.
Additional Information
The decision is made accessible for public scrutiny, with the authentic text available on the EFTA Surveillance Authority’s website, ensuring transparency and compliance with regulatory standards.
Conclusion
This decision underscores the EFTA Surveillance Authority’s rigorous approach to evaluating state aid measures, affirming that Norway’s participation in the restructuring of SAS does not constitute state aid under the EEA Agreement.[:]
