Overview of Commission Implementing Regulation (EU) 2024/2774
The Commission Implementing Regulation (EU) 2024/2774, adopted on 23 October 2024, establishes the approval of a Union amendment to the product specification of the protected designation of origin (PDO) ‘Cotnari’. This regulation is rooted in Regulation (EU) 2024/1143, which addresses geographical indications for various agricultural products, particularly wines and spirits.
Key Provisions
Article 1: Approval of the Amendment
This article confirms the approval of the amendment to the product specification for the PDO ‘Cotnari’. The amendment was previously published in the Official Journal of the European Union, indicating compliance with procedural requirements.
Article 2: Entry into Force
This article stipulates that the regulation will enter into force twenty days following its publication, underscoring its binding nature across all EU Member States.
Background Context
The regulation notes that Romania’s application for the amendment was submitted prior to the enactment of Regulation (EU) 2024/1143, and the approval process was facilitated by the absence of opposition under Article 17 of the same regulation.
Conclusion
This regulation represents a significant step in the protection and recognition of the ‘Cotnari’ designation, aligning with the EU’s objectives of safeguarding agricultural heritage and promoting high-quality products through geographical indications.
Overview of Commission Implementing Regulation (EU) 2024/2746
The Commission Implementing Regulation (EU) 2024/2746, adopted on 25 October 2024, establishes detailed rules for the application of Council Regulation (EC) No 1217/2009, which established the Farm Sustainability Data Network (FSDN). This regulation repeals the previous Commission Implementing Regulation (EU) 2015/220, aiming to ensure an effective transition from the Farm Accountancy Data Network (FADN) to the FSDN.
Key Provisions
1. Economic Size Thresholds
The regulation establishes specific economic size thresholds for agricultural holdings, varying by Member State and FSDN division, which determine inclusion in the FSDN.
2. Selection Plans for Returning Holdings
Member States are required to create selection plans ensuring a representative sample of the agricultural sector for surveys, stratified based on FSDN divisions and other relevant factors, with notification to the Commission at least two months before each reporting year.
3. Union Typology for Holdings
The regulation outlines a Union typology categorizing farms based on farming types and economic size, aiding data collection and analysis.
4. Farm Returns and Data Delivery
Farm returns must be submitted electronically with specified reporting years and data transmission deadlines, with all returns needing completion for Union financing eligibility.
5. Payment Structures for Member States
The regulation specifies payment amounts for Member States based on completed farm returns, with a two-installment payment structure.
6. Data Sharing and Management
It includes provisions for data sharing and efficient management of data collected under the FSDN, reducing administrative burdens on Member States.
7. Transitional Provisions
Transitional provisions ensure previous accounting years’ data can still be processed under the old regulation until 1 January 2025.
8. Implementation and Review
Member States must implement the new rules starting from the reporting year 2025, with a review of definitions and financial provisions mandated by 30 September 2027.
9. Entry into Force
The regulation enters into force the day after its publication in the Official Journal of the EU, allowing immediate preparations for selection plans.
Conclusion
This regulation provides a comprehensive framework for enhancing sustainability and data management of agricultural holdings in the EU, ensuring effective Farm Sustainability Data Network implementation.
Analysis of Regulation (EU) 2024/2754 on Battery Electric Vehicles
The Commission Implementing Regulation (EU) 2024/2754 establishes definitive countervailing duties on imports of new battery electric vehicles (BEVs) from the People’s Republic of China. This regulation addresses market distortions caused by countervailable subsidies from the Chinese government, which have facilitated the penetration of these vehicles into the EU market, posing a threat to the EU automotive sector.
Key Provisions
1. Scope of Application
The regulation targets new BEVs for transporting persons, detailing specific CN and TARIC codes for effective categorization.
2. Countervailing Duty Rates
Definitive countervailing duty rates are set for various manufacturers, reflecting the level of subsidization found during the investigation, ranging from 7.8% to 35.3%.
3. Justification for Duties
The duties are justified by findings that Chinese BEVs were sold below EU manufacturers’ production costs, causing material injury or a threat to the EU industry.
4. Price Suppression Analysis
The Commission’s analysis indicated that average prices of Chinese BEVs were about 30% lower than EU production costs, demonstrating price suppression.
5. Impact on the EU Industry
The regulation highlights the necessity for the EU automotive industry to maintain sales volumes for economies of scale, given the rapid market share increase of Chinese imports.
6. Importer Obligations
Importers must provide valid commercial invoices certifying the manufacturing companies of imported BEVs, with non-compliance leading to higher duty rates.
7. Provisional Duties and Their Release
The regulation discusses the release of amounts secured by provisional duties, concluding that the threat of material injury did not justify definitive collection during the provisional phase.
8. Undertakings
Price undertaking offers from Chinese manufacturers were deemed insufficient due to complexities in the BEV market, making such undertakings impractical.
9. Conclusion
This regulation reflects the European Commission’s commitment to protecting the EU automotive industry from the adverse effects of subsidized imports from China, aiming for fair competition and sustainability in electric mobility.
Analysis of Council Implementing Regulation (EU) 2024/2784
The Council Implementing Regulation (EU) 2024/2784 amends Regulation (EU) No 401/2013 regarding restrictive measures in response to the situation in Myanmar/Burma, addressing severe human rights abuses and the regression of democracy following the military coup in February 2021.
Key Provisions
The regulation targets individuals and entities involved with the Myanmar military, the Tatmadaw, adding three individuals and one entity to the restrictive measures list.
Newly Listed Individuals
- Saw Chit Thu, Colonel, Secretary-General of the Karen/Kayin Border Guard Forces, listed for serious human rights violations.
- Mote Thun, Lieutenant Colonel, Deputy Secretary-General of the BGF/KNA, involved in human rights abuses and collaboration with the Tatmadaw.
- Tin Win, Major, subordinate to Colonel Saw Chit Thu, participating in human rights violations and actions threatening peace in Myanmar.
Newly Listed Entity
- Chit Linn Myaing Group (CLM), linked to Colonel Saw Chit Thu, involved in crime and human rights violations, contributing to instability in Myanmar.
Conclusion
This regulation demonstrates the EU’s commitment to holding accountable those undermining democracy and perpetrating human rights abuses in Myanmar/Burma through targeted economic sanctions and travel bans.
Analysis of Commission Regulation (EU) 2024/2789
The Commission Regulation (EU) 2024/2789 establishes a fisheries closure for blue whiting in specific waters due to the exhaustion of the fishing quota allocated to Ireland for 2024.
Key Provisions
Article 1: Quota Exhaustion
This article declares the exhaustion of the fishing quota for blue whiting allocated to Ireland in designated waters from a specified date.
Article 2: Prohibitions
The regulation prohibits fishing for blue whiting by Irish vessels from the specified date, while allowing management of existing catches under defined conditions.
Article 3: Entry into Force
This regulation takes effect the day after its publication in the Official Journal of the EU, being binding and directly applicable in all Member States.
Annex Details
- Member State: Ireland
- Stock: WHB/1X14 (including WHB/*05-F. and WHB/*NZJM1)
- Species: Blue whiting
- Zone: UK, Union, and international waters of specified regions
- Closing Date: 1 July 2024
Conclusion
This regulation aims to ensure sustainable fishing practices and compliance with quotas to safeguard fish stocks for future generations.
Review of each of legal acts published today:
Overview of Commission Implementing Regulation (EU) 2024/2774
The Commission Implementing Regulation (EU) 2024/2774, adopted on 23 October 2024, establishes the approval of a Union amendment to the product specification of the protected designation of origin (PDO) ‘Cotnari’. This regulation stems from the provisions set forth in Regulation (EU) 2024/1143, which deals with geographical indications for various agricultural products, including wines and spirits.
Key Provisions
Article 1: Approval of the Amendment
This article confirms the approval of the amendment to the product specification for the PDO ‘Cotnari’. The amendment had been previously published in the Official Journal of the European Union, indicating that the necessary procedural steps for its consideration were followed.
Article 2: Entry into Force
This article stipulates that the regulation will enter into force twenty days following its publication in the Official Journal. It reinforces the binding nature of the regulation, emphasizing that it is directly applicable across all Member States of the European Union.
Background Context
The regulation references prior legal frameworks, particularly noting that Romania’s application for the amendment was lodged before the enactment of Regulation (EU) 2024/1143. The absence of any opposition to the amendment under Article 17 of the same regulation facilitated the approval process.
Conclusion
This regulation marks an important step in the protection and recognition of the ‘Cotnari’ designation, aligning with the EU’s broader objectives of safeguarding agricultural heritage and promoting quality products through geographical indications.
Overview of Commission Implementing Regulation (EU) 2024/2746
The Commission Implementing Regulation (EU) 2024/2746, adopted on 25 October 2024, sets forth detailed rules for the application of Council Regulation (EC) No 1217/2009, which established the Farm Sustainability Data Network (FSDN). This regulation repeals the previous Commission Implementing Regulation (EU) 2015/220 and aims to ensure the effective transition from the Farm Accountancy Data Network (FADN) to the FSDN.
Key Provisions
1. Economic Size Thresholds
The regulation establishes specific thresholds for the economic size of agricultural holdings, which vary by Member State and FSDN division. These thresholds are critical for determining which holdings are to be included in the FSDN.
2. Selection Plans for Returning Holdings
Member States are required to create a selection plan that guarantees a representative sample of the agricultural sector for surveys. This plan must be stratified based on FSDN divisions and other relevant factors. Member States must notify the Commission of their selection plans electronically at least two months before the start of each reporting year.
3. Union Typology for Holdings
The regulation outlines the establishment of a Union typology that categorizes farms based on their types of farming and economic size, which will assist in the collection and analysis of data.
4. Farm Returns and Data Delivery
Farm returns must be submitted electronically via a computerised data system. The regulation specifies the start and end dates for reporting years and the deadlines for data transmission to the Commission. Additionally, it stipulates that all farm returns must be duly completed to be eligible for Union financing.
5. Payment Structures for Member States
The regulation specifies the amounts payable to Member States based on the delivery of duly completed farm returns. It outlines a two-installment payment structure, with a prefinancing payment at the beginning of each reporting year and a balance payment contingent upon verification of the returns.
6. Data Sharing and Management
Provisions for data sharing are included, emphasizing the need for efficient management of data collected under the FSDN. Technical specifications and deadlines for data transmission are established to reduce the administrative burden on Member States.
7. Transitional Provisions
The regulation includes transitional provisions to facilitate the shift from the FADN to the FSDN, ensuring that previous accounting years’ data can still be processed under the old regulation until 1 January 2025.
8. Implementation and Review
Member States are required to implement the new rules starting from the reporting year 2025. Furthermore, the regulation mandates a review of the definitions of variables and financial provisions by 30 September 2027, allowing for adjustments based on the experience gained in the initial years of application.
9. Entry into Force
The regulation enters into force on the day following its publication in the Official Journal of the European Union, enabling Member States to begin preparations for the selection plans immediately.
Conclusion
Commission Implementing Regulation (EU) 2024/2746 is a comprehensive framework aimed at enhancing the sustainability and data management of agricultural holdings across the European Union. By establishing clear guidelines and structures for data collection and analysis, it seeks to ensure the effective implementation of the Farm Sustainability Data Network.
Analysis of Regulation (EU) 2024/2754 on Battery Electric Vehicles
Overview
The Commission Implementing Regulation (EU) 2024/2754 establishes definitive countervailing duties on imports of new battery electric vehicles (BEVs) from the People’s Republic of China. This regulation addresses the significant market distortions resulting from countervailable subsidies provided by the Chinese government, which have enabled these vehicles to gain a substantial foothold in the EU market, consequently threatening the sustainability of the EU automotive sector.
Key Provisions
1. Scope of Application
The regulation specifically targets new BEVs designed for the transport of persons, which includes vehicles propelled exclusively by electric motors. It outlines specific CN (Combined Nomenclature) and TARIC (Integrated Tariff of the European Communities) codes to categorize these vehicles effectively.
2. Countervailing Duty Rates
The regulation sets definitive countervailing duty rates for various manufacturers, reflecting the extent of subsidization found during the investigation:
- BYD Group: 17.0%
- Geely Group: 18.8%
- SAIC Group: 35.3%
- Tesla (Shanghai): 7.8%
- Other cooperating companies: 20.7%
- All other companies: 35.3%
3. Justification for Duties
The imposition of countervailing duties is justified by extensive findings that Chinese BEV imports were sold at prices significantly lower than those of EU manufacturers, resulting in material injury or a threat of injury to the EU industry. The duties aim to restore fair competition by mitigating the adverse effects of these subsidized imports.
4. Price Suppression Analysis
The Commission’s analysis revealed that the average prices of Chinese BEVs were approximately 30% lower than the production costs of EU producers, highlighting a clear pattern of price suppression that warranted regulatory intervention.
5. Impact on the EU Industry
The regulation underscores the critical need for the EU automotive industry to maintain adequate sales volumes to achieve economies of scale. The rapid increase in market share of Chinese imports, coupled with significant financial losses faced by EU manufacturers, indicated a serious threat to the industry’s viability.
6. Importer Obligations
Importers are required to present valid commercial invoices to customs authorities, certifying that the imported BEVs were manufactured by the specified companies in the PRC. Non-compliance with this requirement will result in the application of the higher duty rate applicable to all other companies.
7. Provisional Duties and Their Release
The regulation outlines the release of amounts secured by provisional countervailing duties, as the Commission concluded that the threat of material injury did not meet the criteria for definitive collection during the provisional phase of the investigation.
8. Undertakings
Price undertaking offers from various Chinese manufacturers were assessed but ultimately deemed insufficient due to the complexities of the BEV market and the potential for cross-subsidization among different vehicle models, rendering such undertakings impractical.
9. Conclusion
The adoption of Regulation (EU) 2024/2754 reflects the European Commission’s commitment to safeguarding the EU automotive industry from the negative impacts of subsidized imports from China. By imposing these countervailing duties, the regulation aims to create a fair competitive environment that supports the transition towards electric mobility while ensuring the sustainability of the EU’s automotive sector.
Analysis of Council Implementing Regulation (EU) 2024/2784
The Council Implementing Regulation (EU) 2024/2784, adopted on 29 October 2024, amends Regulation (EU) No 401/2013 concerning restrictive measures in response to the ongoing situation in Myanmar/Burma. This regulation is a direct response to the deteriorating political and humanitarian situation following the military coup in February 2021, which has resulted in severe human rights abuses and a regression of democracy in the country.
Key Provisions
The regulation specifically targets individuals and entities associated with the repressive actions of the Myanmar military, known as the Tatmadaw, and its affiliates. The amendments to Annex IV of Regulation (EU) No 401/2013 include the addition of three individuals and one entity to the list of those subject to restrictive measures.
Newly Listed Individuals
-
Saw Chit Thu (also known as Saw San Myint, Maung Chit Thu, Chit Thu)
- Nationality: Myanmar/Burma
- Rank: Colonel
- Affiliation: Secretary-General of the Karen/Kayin Border Guard Forces (BGF)/Karen National Army (KNA)
- Reasons for Listing: Responsible for serious human rights violations, including torture and forced labor in regional scam operations. His leadership in the BGF/KNA contributes to instability in Myanmar/Burma.
-
Mote Thun (also known as Saw Mote Thun, Mote Thone)
- Nationality: Myanmar/Burma
- Rank: Lieutenant Colonel
- Affiliation: Deputy Secretary-General of the BGF/KNA
- Reasons for Listing: Involved in human rights abuses at scam compounds and collaborates with the Tatmadaw, exacerbating the security crisis in Myanmar/Burma.
-
Tin Win (also known as Saw Tin Win)
- Nationality: Myanmar/Burma
- Rank: Major
- Affiliation: Direct subordinate to Colonel Saw Chit Thu
- Reasons for Listing: Participation in serious human rights violations and actions that threaten the peace and stability of Myanmar/Burma, particularly through involvement in scam operations.
Newly Listed Entity
-
Chit Linn Myaing Group (CLM)
- Place of Registration: Myanmar/Burma
- Principal Place of Business: Shwe Kokko, Myawaddy Township
- Reasons for Listing: Operates under the control of Colonel Saw Chit Thu, involved in transnational crime and human rights violations linked to scam compounds, thus contributing to instability in Myanmar/Burma.
Conclusion
This regulation underscores the European Union’s commitment to holding accountable those responsible for undermining democracy and perpetrating human rights abuses in Myanmar/Burma. The targeted individuals and entity represent a broader strategy to exert pressure on the military regime and its affiliates through economic sanctions and travel bans, aiming to restore democratic governance and protect the rights of the Myanmar people.
Analysis of Commission Regulation (EU) 2024/2789
The Commission Regulation (EU) 2024/2789, adopted on 24 October 2024, establishes a fisheries closure for blue whiting in specific waters due to the exhaustion of the fishing quota allocated to Ireland for the year 2024.
Key Provisions
Article 1: Quota Exhaustion
This article states that the fishing quota allocated to Ireland for blue whiting in the designated waters (UK, Union, and international waters of regions 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12, and 14) is considered exhausted from a specified date provided in the accompanying annex.
Article 2: Prohibitions
This article outlines the prohibitions that come into effect as a result of the quota exhaustion:
- Fishing for blue whiting by vessels registered in Ireland is prohibited from the date specified in the annex. This includes all activities related to fishing, such as searching for fish, setting or hauling fishing gear.
- Activities such as transshipping, retaining on board, processing, transferring, caging, fattening, and landing of blue whiting caught before the closure date are permitted. This provision allows vessels to manage existing catches but prohibits any new fishing activities for blue whiting.
- Unintended catches of blue whiting must be recorded, retained on board, landed, and counted against the quotas as per Article 15 of Regulation (EU) No 1380/2013.
Article 3: Entry into Force
This regulation takes effect the day following its publication in the Official Journal of the European Union. It is binding in its entirety and directly applicable in all Member States.
Annex Details
The annex specifies the details regarding the stock and closure:
- Member State: Ireland
- Stock: WHB/1X14 (including WHB/*05-F. and WHB/*NZJM1)
- Species: Blue whiting (Micromesistius poutassou)
- Zone: United Kingdom, Union and international waters of regions 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12, and 14
- Closing Date: 1 July 2024
The regulation aims to ensure sustainable fishing practices and compliance with the established quotas, safeguarding fish stocks for future generations.
