Overview of Recent EU Regulations and Decisions
Commission Implementing Regulation (EU) 2024/2825
This regulation amends Annex I of Implementing Regulation (EU) 2023/594, focusing on special control measures for African swine fever (ASF) within the European Economic Area (EEA). It updates the classification of restricted zones in response to new epidemiological data and ASF outbreaks in several member states, including Latvia, Italy, Poland, and Slovakia. The regulation emphasizes a dynamic approach, allowing timely updates to restricted zones based on ongoing monitoring and scientific principles to combat the disease effectively.
Commission Delegated Regulation (EU) 2024/2795
This regulation defers the application of the Fundamental Review of the Trading Book (FRTB) standards for calculating own funds requirements for market risk in the EU by one year, now effective from January 1, 2026. During this period, institutions must continue reporting using previous methods, ensuring a smooth transition and maintaining competitive balance with international standards. The regulation aligns its provisions with other related regulations to avoid inconsistencies in reporting and disclosure requirements.
Commission Delegated Regulation (EU) 2024/2788
This regulation amends Regulation (EU) 2019/1009 regarding polymers in Component Material Category 11 (CMC 11) related to EU fertilising products. It introduces stricter criteria for the use of natural and synthetic polymers, emphasizing biodegradability and environmental safety. The regulation aims to align with the REACH regulation, ensuring that only safe and compliant polymers are utilized in fertilising products, with a transitional period for stakeholders to adapt to the new requirements.
Commission Delegated Regulation (EU) 2024/2791
The regulation updates the Union list of permitted substances for food intended for infants and young children and special medical purposes, allowing the inclusion of iron milk caseinate as a source of iron. This addition is based on safety assessments by the European Food Safety Authority (EFSA) and comes into effect twenty days after publication, facilitating enhanced nutritional options in specialized food categories.
Commission Delegated Regulation (EU) 2024/2790
This regulation clarifies the types of polymers permitted in Component Material Category 1 (CMC 1) of Regulation (EU) 2019/1009. It specifies exclusions for certain polymers while allowing the inclusion of those covered by CMC 8 and CMC 9. The regulation aligns with environmental protection objectives, requiring compliance with biodegradability criteria and ensuring a uniform application across Member States.
Commission Implementing Regulation (EU) 2024/2817
This regulation updates the lists of third countries authorized for the entry of poultry and germinal products into the EU, specifically amending entries for the United States in response to improved health status following outbreaks of avian influenza. The regulation ensures that products from authorized zones can be imported under specified conditions, reflecting the EU’s commitment to maintaining high food safety standards.
Commission Implementing Regulation (EU) 2024/2766
This regulation concerns the non-approval of caffeine as a basic substance for plant protection products due to significant health and environmental risks identified in scientific assessments. The decision reflects the EU’s stringent safety standards for agricultural practices and prohibits the use of caffeine in this context unless further applications meet safety criteria in the future.
Commission Delegated Regulation (EU) 2024/2787
This regulation amends Regulation (EU) 2019/1009 to include specific biodegradability criteria for mulch films used in agriculture. The amendments are aimed at ensuring that these films do not accumulate in the environment, with clear requirements for biodegradation in both soil and aquatic environments, enhancing sustainability in agricultural practices.
Commission Implementing Regulation (EU) 2024/2792
The regulation approves an amendment to the specification for the protected designation of origin (PDO) ‘Pico’, ensuring that only products meeting specific geographical criteria can be marketed under this name. This step reinforces the EU’s commitment to protecting agricultural products with specific geographical indications.
Commission Regulation (EU) 2024/2785
This regulation establishes a fisheries closure for the undulate ray in Portuguese waters due to the exhaustion of the allocated fishing quota. It outlines prohibitions on fishing for this species while allowing for the management of existing catches, reflecting the EU’s commitment to sustainable fisheries management.
Commission Delegated Regulation (EU) 2024/2786
This regulation amends Regulation (EU) 2019/1009 to clarify the presence of enterococci in fertilising products and introduces provisions for presumption of compliance without verification for certain materials. It also revises tolerance rules for labelling parameters, ensuring consistent application across Member States with regard to fertilising products.
Commission Implementing Regulation (EU) 2024/2768
This regulation grants EU protection to the Appellation of Origin ‘Tête de Moine / Tête de Moine, Fromage de Bellelay’, ensuring that only products meeting specific criteria can be marketed under this designation. The regulation’s entry into force supports the preservation of quality and authenticity in traditional food products.
Commission Implementing Regulation (EU) 2024/2793
The regulation establishes the official entry of the geographical indication ‘Chistorra de Navarra / Txistorra de Navarra / Nafarroako Txistorra’ into the Union register, recognizing its unique characteristics linked to its geographical origin. This registration enhances consumer trust and supports the marketability of regional products.
Decision No 1/2024 of the Joint EU/Switzerland Air Transport Committee
This decision updates and replaces the Annex of the existing Agreement on Air Transport between the EU and Switzerland, reflecting regulatory changes and ensuring the alignment of air transport policies. It includes provisions on competition, aviation safety, and environmental standards, enhancing the collaborative regulatory framework between the parties.
Agreement Between the EU and Armenia on Judicial Cooperation
Review of each of legal acts published today:Commission Implementing Regulation (EU) 2024/2825 of 29 October 2024 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever
Overview of Commission Implementing Regulation (EU) 2024/2825
The Commission Implementing Regulation (EU) 2024/2825, adopted on October 29, 2024, amends Annex I of Implementing Regulation (EU) 2023/594, which concerns special control measures for African swine fever (ASF). This regulation is particularly relevant for the European Economic Area (EEA) and addresses the evolving epidemiological situation regarding ASF in several member states.
Key Provisions
This regulation outlines amendments to the existing restricted zones related to African swine fever, which affects both domestic and wild pig populations. The amendments are primarily based on the current epidemiological data and recent outbreaks of ASF in various member states, including Italy, Latvia, Poland, and Slovakia.
Amendments to Restricted Zones
- Latvia: The Dobeles county area previously classified as a restricted zone II will now be designated as restricted zone III due to a recent ASF outbreak.
- Italy: The Lombardy Region’s area that was previously classified as a restricted zone I is now reclassified as a restricted zone III following an ASF outbreak in proximity to a restricted zone I area.
- Poland: Several areas in the Zachodniopomorskie Region will have their classification updated from restricted zone I to II, reflecting new ASF outbreaks in wild boars.
- Slovakia: An area in the Nitriansky Region currently listed as a restricted zone I will be moved to restricted zone II due to recent ASF cases.
Reassessment Criteria
The reassessment of the zones is guided by the following criteria:
- The epidemiological situation of ASF within the affected areas.
- The risk level for further spread of the disease.
- Scientific principles for zoning based on guidelines established by the Commission and member states.
- International standards, including the Terrestrial Animal Health Code from the World Organisation for Animal Health (WOAH).
Dynamic Nature of Regulation
Given the dynamic nature of the ASF situation in the EU, the regulation emphasizes the importance of timely updates to the restricted zones to effectively combat the disease’s spread. It highlights the need for continuous monitoring and adjustment of the zones as necessary, which underscores the urgent response required from the member states.
Conclusion
Commission Implementing Regulation (EU) 2024/2825 is a critical step in the EU’s efforts to manage and control African swine fever outbreaks. By updating the designated restricted zones based on the latest epidemiological data, the regulation aims to protect both animal health and the agricultural economy across member states.
Analysis of Commission Delegated Regulation (EU) 2024/2795
The Commission Delegated Regulation (EU) 2024/2795 amends Regulation (EU) No 575/2013, which sets out prudential requirements for credit institutions, specifically regarding the implementation timeline for the own funds requirements related to market risk. This regulation is particularly relevant in the context of the Fundamental Review of the Trading Book (FRTB) standards, which are designed to standardize capital requirements for market risk across jurisdictions.
Key Provisions
Deferral of Application
The regulation defers the application of the FRTB standards for calculating own funds requirements for market risk within the European Union by one year, pushing the effective date to January 1, 2026. This decision is rooted in the need to maintain a competitive balance internationally, as delays in the implementation of these standards in other jurisdictions could lead to distortions in the market.
Reporting Requirements
During the deferral period, institutions are required to continue reporting their own funds requirements for market risk using the previous (pre-FRTB) calculation methods. This ensures that competent authorities have the necessary information to monitor the impact of the FRTB implementation and address any arising issues effectively.
Disclosure Requirements
In addition to reporting, the regulation also addresses the disclosure of own funds requirements. Institutions must maintain transparency by disclosing information related to their market risk exposure and the corresponding own funds requirements based on pre-FRTB calculations until the new requirements come into effect.
Alignment with Other Regulations
The regulation also aligns its entry into force and application dates with Regulation (EU) 2024/1623, which introduces specific disclosure requirements tailored to the FRTB. This alignment is crucial to avoid conflicting requirements for institutions and to ensure a coherent regulatory framework.
Conclusion
In summary, the Commission Delegated Regulation (EU) 2024/2795 introduces a one-year deferral for the application of the FRTB standards for market risk in the EU, while ensuring that institutions continue to meet their reporting and disclosure obligations under the previous framework. This approach aims to preserve a level playing field for international trading activities and facilitate a smooth transition to the new regulatory environment.
Commission Delegated Regulation (EU) 2024/2788 Overview
The Commission Delegated Regulation (EU) 2024/2788, adopted on 23 July 2024, amends Annex II to Regulation (EU) 2019/1009 regarding the polymers in Component Material Category 11 (CMC 11) related to EU fertilising products.
Key Provisions
1. Background and Context
This regulation addresses concerns regarding the environmental impact and potential human health risks posed by synthetic or chemically modified natural polymers that are used in EU fertilising products. It specifically focuses on polymers that are insoluble in water and degrade slowly, which could be ingested by living organisms. The regulation emphasizes the need for assessment of biodegradability criteria for two specific categories of polymers: coating agents and water retention polymers.
2. Amendments to CMC 11
The regulation introduces specific amendments to the definitions and allowable materials within CMC 11:
- Point (b) Replacement: The existing point (b) in CMC 11 is replaced to clarify that polymers are excluded if they meet specific criteria, including:
- Natural polymers that are not chemically modified.
- Polymers that are degradable according to specific EU criteria.
- Polymers with a solubility greater than 2 g/L.
- Polymers that do not contain carbon atoms in their structure.
- Insertion of New Point (ba): A new point (ba) is added to include polymers that are covered under CMC 8 and CMC 9, ensuring that these polymers are recognized within the framework of CMC 11.
3. Alignment with Other Regulations
The regulation aligns the requirements for polymers in CMC 11 with those set forth in Regulation (EC) No 1907/2006 (REACH), particularly regarding polymers that are exempted from the general restriction on synthetic polymer microparticles. This alignment is deemed necessary for coherence and to uphold the objectives of the general restriction, preventing the introduction of more lenient rules for EU fertilising products.
4. Transitional Provisions
The regulation establishes that it will enter into force 20 days following its publication and will apply from 17 October 2028. This transitional period is designed to provide time for stakeholders to adapt to the new requirements.
Conclusion
The Commission Delegated Regulation (EU) 2024/2788 represents a significant step in regulating the use of polymers in EU fertilising products, with an emphasis on environmental safety and health. The amendments to CMC 11 aim to ensure that only safe and environmentally friendly polymers are utilized, while also ensuring consistency with broader EU chemical regulations.
Analysis of Commission Delegated Regulation (EU) 2024/2791
The Commission Delegated Regulation (EU) 2024/2791 amends the Annex of Regulation (EU) No 609/2013, which governs food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control. The primary focus of this regulation is to allow the inclusion of iron milk caseinate as a source of iron in specific food categories.
Key Provisions
The regulation establishes the following significant points:
- Union List of Substances: It updates the Union list of substances permitted for addition to certain food categories, specifically under the category of ‘Minerals’, by including iron milk caseinate.
- Conditions for Use: Iron milk caseinate is permitted as a source of iron in total diet replacement for weight control and in food for special medical purposes, with the exclusion of food intended for infants and young children.
- Scientific Assessment: The regulation references the European Food Safety Authority (EFSA) opinion, which determined that iron milk caseinate is safe for use under the specified conditions and is a bioavailable source of iron.
- Amendment of the Annex: The regulation explicitly states that the Annex to Regulation (EU) No 609/2013 is amended to include iron milk caseinate as a new entry, thereby formalizing its use in the specified food categories.
- Effective Date: The regulation comes into effect twenty days following its publication in the Official Journal of the European Union.
Implementation
This regulation is binding and directly applicable in all EU Member States, ensuring uniform enforcement across the Union. The regulation is a continuation of the EU’s efforts to regulate food safety and nutrition standards, particularly concerning specialized food products.
Conclusion
By incorporating iron milk caseinate into the Union list of permitted substances, this regulation represents a significant step in enhancing the nutritional profile of foods designed for weight control and medical purposes. It reflects the EU’s commitment to ensuring food safety while allowing for the introduction of novel food sources that meet regulatory standards.
Analysis of Commission Delegated Regulation (EU) 2024/2790
The Commission Delegated Regulation (EU) 2024/2790 amends Annex II to Regulation (EU) 2019/1009, which governs the availability of EU fertilising products. This amendment focuses specifically on the polymers that fall under Component Material Category 1 (CMC 1).
Key Provisions
Definition and Scope of Polymers
The regulation clarifies the types of polymers permitted in CMC 1. It stipulates that certain polymers are excluded from this category, specifically:
- Polymers resulting from natural polymerisation processes that are not chemically modified.
- Polymers that are biodegradable according to specified criteria.
- Polymers with a solubility greater than 2 g/L.
- Polymers that do not contain carbon atoms in their structure.
Inclusion of Additional Polymers
The regulation introduces a new provision that allows for the inclusion of polymers covered by CMC 8 and CMC 9 into CMC 1. This aims to ensure that the regulations governing these materials are cohesive and comprehensive.
Environmental Considerations
The amendment is driven by environmental concerns regarding the impact of certain synthetic and chemically modified polymers, particularly those that are not biodegradable and can accumulate in ecosystems. The regulation emphasizes the need for polymers used in EU fertilising products to meet specific biodegradability criteria, aligning them with broader EU guidelines on environmental protection.
Transitional Period and Implementation
While the regulation comes into effect 20 days after its publication, its application will be deferred until 17 October 2028. This transitional period is established to provide stakeholders sufficient time to comply with the new requirements.
Legal Binding Nature
This regulation is binding in its entirety and directly applicable across all EU Member States, ensuring uniformity in the application of these rules concerning fertilising products.
Conclusion
Overall, Commission Delegated Regulation (EU) 2024/2790 represents an important step towards enhancing the sustainability of EU fertilising products by regulating the types of polymers that can be included in these products, thereby mitigating potential environmental risks.
Commission Implementing Regulation (EU) 2024/2817 Overview
The Commission Implementing Regulation (EU) 2024/2817 amends Annexes V and XIV of Implementing Regulation (EU) 2021/404, specifically regarding the entries for the United States in the lists of third countries authorized for the entry into the EU of consignments of poultry and germinal products, as well as fresh meat of poultry and game birds.
Key Provisions
Amendments to Annex V
Annex V, which lists the third countries authorized for entry into the EU, has been updated as follows:
- The entries for zones US-2.649 and US-2.650 have been replaced with new dates indicating their validity and the conditions under which products can enter the EU.
- Additional entries for zones US-2.683, US-2.684, and US-2.685 have been added, detailing their geographic specifications and the specific conditions under which they are authorized for entry.
Amendments to Annex XIV
Annex XIV, which pertains to the health requirements for the entry of certain products, has also been amended:
- Similar updates have been made to the entries for zones US-2.649 and US-2.650, reflecting the new health status and entry conditions.
- New entries for zones US-2.683, US-2.684, and US-2.685 have been introduced, establishing their compliance with health regulations for the entry of poultry and related products.
Background Context
The amendments follow the notification by the United States of multiple outbreaks of highly pathogenic avian influenza (HPAI) in several states. In response, the U.S. implemented control measures, including the establishment of restricted zones and a stamping-out policy to manage the outbreaks.
The Commission evaluated the information provided by the U.S. veterinary authorities and determined that the animal health situation no longer poses a threat to the EU. Thus, it has authorized the re-entry of consignments from previously affected zones, reflecting a significant update to the trade regulations concerning poultry products from the U.S.
Implementation and Applicability
This regulation will enter into force on the day following its publication in the Official Journal of the European Union and is binding in its entirety across all Member States.
Commission Implementing Regulation (EU) 2024/2766
This regulation concerns the non-approval of 1,3,7-trimethylxanthine, commonly known as caffeine, as a basic substance for use in plant protection products. The regulation is established under the framework of Regulation (EC) No 1107/2009, which governs the authorization and placing of plant protection products on the market.
Key Provisions
- Application for Approval: The European Commission received an application from the company Progarein in June 2018, seeking approval for caffeine to be used as an insecticide for specific crops and as a molluscicide for all crops.
- Revised Applications: The applicant submitted several revised applications between June 2019 and April 2020, providing additional information as required by the regulation.
- Scientific Assessment: The European Food Safety Authority (EFSA) was tasked to conduct a scientific evaluation of caffeine. A technical report was issued in January 2021, followed by a review report presented to the Standing Committee on Plants, Animals, Food and Feed in July 2021.
- Safety Concerns: The authority identified significant health risks associated with caffeine, including potential adverse effects on the cardiovascular system, hydration, and central nervous system, along with concerns regarding its impact on pregnant women and the environment.
- Environmental Risks: The assessment highlighted that caffeine could exceed the parametric drinking water limit if approved, leading to significant exposure in surface water and insufficient data to demonstrate safety for non-target organisms.
- Final Decision: The Commission concluded that the criteria for approval as a basic substance were not met, leading to the decision not to approve caffeine for use in plant protection.
- Future Applications: The regulation does not preclude the possibility of the applicant submitting a new application for caffeine in the future.
Implementation
The regulation will enter into force twenty days after its publication in the Official Journal of the European Union and is binding across all EU Member States. The decision reflects the Commission’s commitment to ensuring the safety of substances used in agricultural practices.
Commission Delegated Regulation (EU) 2024/2787
This regulation amends Regulation (EU) 2019/1009, which governs the availability of EU fertilising products, specifically by including mulch films in Component Material Category (CMC) 9. The regulation establishes criteria for the biodegradability of these mulch films, which are used to enhance soil properties and reduce weed competition.
Key Provisions
Biodegradability Assessment
The European Commission, based on an external study, assessed the biodegradability of mulch films. It was determined that both biodegradable and non-biodegradable mulch films exist in the market, and specific requirements for biodegradable polymers are necessary to ensure their inclusion in CMC 9.
Criteria for Soil Biodegradability
Mulch films must demonstrate biodegradation within a maximum of 24 months when applied to soil. The regulation allows for accelerated testing methods, suggesting that tests at 37 °C may be used to show a 90% ultimate degradation or mineralisation more quickly than traditional methods.
Criteria for Aquatic Environments
For aquatic environments, the mulch films are expected to remain functional for about 12 months. The regulation sets the biodegradation criteria to ensure that the films do not accumulate in water bodies, requiring at least 30% degradation within 12 months and 90% within 24 months post-functionality.
Environmental Precautions and Labelling
To mitigate risks to aquatic environments, the regulation mandates labelling that instructs users to maintain a buffer zone of at least 3 meters from surface water bodies and to incorporate the product into the soil after use. This is in line with national fertiliser regulations.
Testing Methods
The regulation specifies that test methods for proving compliance with biodegradability must adhere to European or international standards to ensure reliability and reproducibility.
Toxicity Tests
Polymers used in mulch films must undergo several toxicity tests, including acute toxicity tests on plant growth and earthworms, as well as chronic toxicity tests for earthworms, given the larger quantities typically used compared to other polymers in CMC 9.
Amendments to Annexes
The regulation amends both Annex II and Annex III of Regulation (EU) 2019/1009, incorporating specific points related to the inclusion of mulch films and their biodegradability criteria.
Entry into Force
This regulation will enter into force 20 days after its publication in the Official Journal of the European Union and is binding in its entirety across all Member States.
Analysis of Commission Implementing Regulation (EU) 2024/2792
The Commission Implementing Regulation (EU) 2024/2792, adopted on 24 October 2024, pertains to the approval of an amendment to the specification for the protected designation of origin (PDO) ‘Pico’. This regulation is a part of the European Union’s efforts to protect and promote agricultural products with specific geographical indications.
Key Provisions
Article 1: Approval of Amendment
This article confirms the approval of the amendment to the specification regarding the name ‘Pico’ as a protected designation of origin. This designation is significant as it ensures that only products meeting specific criteria related to their geographical origin can be marketed under this name, thereby preserving the quality and authenticity of the product.
Article 2: Entry into Force
The regulation specifies that it shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. This provision establishes a clear timeline for when the approved amendments will take effect, allowing stakeholders to prepare for compliance.
Context of the Regulation
The regulation is issued in accordance with the Treaty on the Functioning of the European Union and follows the procedures outlined in Regulation (EU) No 1308/2013, which governs the common organization of markets in agricultural products. Notably, it references the deletion of certain articles under Regulation (EU) 2024/1143, while affirming the continued applicability of earlier provisions for pending applications received before a specified date.
The Commission’s examination of the application for the amendment involved a public notification process, as mandated, with no objections received, indicating a consensus or lack of contention regarding the amendment.
Conclusion
This regulation serves to officially recognize changes to the product specification for ‘Pico’, reinforcing the EU’s commitment to protecting geographical indications and supporting the agricultural sector by ensuring that consumers receive authentic products. Its binding nature ensures that all Member States will implement the regulation uniformly, contributing to the integrity of the PDO system across the EU.
Overview of Commission Regulation (EU) 2024/2785
The Commission Regulation (EU) 2024/2785, adopted on 24 October 2024, establishes a fisheries closure for the undulate ray in Union waters of 9, specifically affecting vessels flying the flag of Portugal. This regulation is a response to the exhaustion of the fishing quota allocated to Portugal for this particular stock for the year 2024.
Key Provisions
Article 1: Quota Exhaustion
This article states that the fishing quota for the undulate ray stock allocated to Portugal is considered exhausted as of the date specified in the Annex of the regulation. This triggers the need for further restrictions on fishing activities related to this stock.
Article 2: Prohibitions
Article 2 outlines specific prohibitions on fishing activities:
- Vessels flying the flag of or registered in Portugal are prohibited from fishing for the undulate ray stock from the date specified in the Annex. This includes searching for fish, shooting, setting, or hauling fishing gear aimed at this stock.
- Certain activities related to previously caught fish, such as transshipping, retaining on board, processing, transferring, caging, fattening, and landing of fish caught prior to the closure date, are still permitted. This ensures that vessels can manage their existing catches without penalty.
- In cases of unintended catches of the undulate ray by these vessels, such catches must be recorded, retained on board, and landed, counting against quotas as per the established regulations. This provision aims to ensure compliance with existing quota management practices.
Article 3: Entry into Force
This regulation takes effect the day after its publication in the Official Journal of the European Union, ensuring immediate enforcement of the outlined measures.
Annex Details
The Annex includes critical details regarding the fishing closure:
- Member State: Portugal
- Stock: RJU/9-C.
- Species: Undulate ray (Raja undulata)
- Zone: Union waters of 9
- Closing date: 11 October 2024
This regulation is binding in its entirety and directly applicable across all Member States, reflecting the European Union’s commitment to sustainable fisheries management and compliance with the common fisheries policy.
Commission Delegated Regulation (EU) 2024/2786 – Overview
The Commission Delegated Regulation (EU) 2024/2786 amends Regulation (EU) 2019/1009 concerning EU fertilising products, specifically addressing the presence of Enterococcaceae and the presumption of conformity for these products without the need for verification.
Key Provisions
Amendments to Annex I
The regulation revises Annex I to replace references to “Enterococcaceae” with “enterococci” in various sections related to different categories of fertilisers. This change aims to clarify the specific bacterial strains of concern and improve regulatory compliance.
Amendments to Annex II
The regulation introduces provisions allowing manufacturers to presume compliance without verification for certain materials in several sections, provided that compliance can be clearly established from the nature or manufacturing process. This aims to reduce administrative burdens and facilitate market access for EU fertilising products.
- Section CMC 3 (Compost) allows presumption of compliance under specific conditions.
- Section CMC 5 (Digestate) includes similar provisions for digestates.
- Additional sections (CMC 12, CMC 13, CMC 14) also introduce presumption clauses for various materials.
Amendments to Annex III
The regulation modifies tolerance rules for labelling parameters of fertilisers. Specifically, it clarifies the allowable deviations for the declared quantities of inorganic fertilisers, distinguishing between macronutrients and micronutrients. The tolerance for macronutrient fertilisers is set at ±1%, while for micronutrient fertilisers, it is set at ±5%.
Furthermore, the regulation revises tolerances for the concentration of inhibiting compounds in fertilisers, allowing for a more lenient tolerance of ±10% of the declared value, with a maximum deviation of ±2% in absolute terms for concentrations exceeding 2%.
Implementation and Applicability
This regulation will enter into force twenty days after its publication in the Official Journal of the European Union and is binding across all Member States, ensuring uniform application of the amended rules regarding EU fertilising products.
Analysis of Commission Implementing Regulation (EU) 2024/2768
The Commission Implementing Regulation (EU) 2024/2768, adopted on 30 October 2024, grants protection within the European Union to the Appellation of Origin ‘Tête de Moine / Tête de Moine, Fromage de Bellelay’. This regulation is a significant step in recognizing and safeguarding the geographical indications and appellations of origin that are crucial for maintaining the quality and authenticity of food products in the EU.
Key Provisions
Article 1 – Protection of Appellation of Origin
Article 1 establishes that the name ‘Tête de Moine / Tête de Moine, Fromage de Bellelay’ is officially protected within the EU. This designation refers specifically to a type of cheese, ensuring that only products meeting specific criteria can be marketed under this name within the EU member states. This protection helps to uphold the product’s reputation and assures consumers of its authenticity.
Article 2 – Entry into Force
Article 2 outlines the regulation’s entry into force, which will occur twenty days after its publication in the Official Journal of the European Union. This provision ensures that the regulation is implemented in a timely manner, allowing for the immediate protection of the Appellation of Origin once the stipulated period has elapsed.
Background Context
The regulation is based on the framework established by the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The European Commission’s assessment process involved verifying that the registration conditions outlined in Regulation (EU) 2019/1753 were met. Following the publication of the international registration and the absence of any opposition, the Commission concluded that the name should be protected under EU law.
Conclusion
This regulation not only reinforces the EU’s commitment to protecting geographical indications but also enhances consumer trust by ensuring that products are genuine and adhere to established quality standards. The protection of the ‘Tête de Moine / Tête de Moine, Fromage de Bellelay’ appellation is a testament to the value placed on traditional food products and the importance of maintaining their integrity within the market.
Commission Implementing Regulation (EU) 2024/2793
The Commission Implementing Regulation (EU) 2024/2793 establishes the official entry of the geographical indication (GI) ‘Chistorra de Navarra / Txistorra de Navarra / Nafarroako Txistorra’ into the Union register of geographical indications.
Key Provisions:
Article 1
This article confirms the registration of the geographical indication ‘Chistorra de Navarra / Txistorra de Navarra / Nafarroako Txistorra’ (Protected Geographical Indication – PGI) in the Union register as outlined in Article 22 of Regulation (EU) 2024/1143. This registration recognizes the product’s unique characteristics linked to its geographical origin, thereby granting it protection under EU law.
Article 2
Article 2 stipulates the regulation’s entry into force, which will occur twenty days following its publication in the Official Journal of the European Union. This provision ensures that the regulation is binding in its entirety and directly applicable in all Member States, thereby facilitating uniform recognition and protection of the geographical indication across the EU.
Background Context:
The regulation follows the framework established by Regulation (EU) 2024/1143, which governs geographical indications for various agricultural products, including wines and spirit drinks. The application for the registration of ‘Chistorra de Navarra / Txistorra de Navarra / Nafarroako Txistorra’ was submitted by Spain prior to the enactment of Regulation (EU) 2024/1143, and no oppositions were raised against the application, leading to its approval and registration.
This regulation is part of the European Union’s broader efforts to protect and promote regional products and enhance their marketability by ensuring that consumers are informed about the origins and quality of the products they purchase.
Commission Implementing Regulation (EU) 2024/2522 of 23 September 2024 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
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Analysis of Decision No 1/2024 of the Joint EU/Switzerland Air Transport Committee
Decision No 1/2024 of the Joint European Union/Switzerland Air Transport Committee, effective from November 1, 2024, serves to update and replace the Annex of the existing Agreement between the European Community and the Swiss Confederation on Air Transport. This update is significant as it reflects the evolving regulatory landscape of air transport between the EU and Switzerland.
Key Provisions
Replacement of the Annex
The sole article of the decision explicitly states that the new Annex replaces the previous one, indicating a formal and structured approach to regulatory updates within the framework of the Agreement.
Legal References
The Annex clarifies that, due to the Treaty of Lisbon, references previously made to the European Community are now to be understood as references to the European Union. This aligns with the current legal framework and ensures consistency in the application of the Agreement.
Applicability to Switzerland
Wherever the Annex refers to Member States of the European Community, these references are extended to include Switzerland. This provision reinforces the bilateral relationship and the equivalency of Switzerland’s role in air transport regulations.
Regulatory Framework
The Annex updates references to previous regulations, specifically substituting Council Regulations (EEC) No 2407/92 and (EEC) No 2408/92 with Regulation (EC) No 1008/2008. This adjustment is crucial for aligning air service operations standards between the EU and Switzerland.
Definitions and Terms
The term “Community air carrier” is redefined to include air carriers licensed in Switzerland, thus enhancing the competitive landscape and ensuring that Swiss carriers are treated equitably under EU directives and regulations.
Competition and Merger Regulations
Provisions regarding competition rules are integrated, including references to Council Regulation (EC) No 1/2003 and the EC Merger Regulation. These inclusions are designed to harmonize competition oversight between the EU and Switzerland, particularly for concentrations that may affect both markets.
Aviation Safety and Security
The decision also reaffirms the role of the European Union Aviation Safety Agency (EASA) in Switzerland, granting it similar powers and responsibilities as within the EU framework. This ensures that safety standards are uniformly applied, enhancing overall aviation safety.
Environmental and Consumer Protection
Regulatory provisions concerning environmental standards, noise management, and consumer protection are also referenced, ensuring that both parties adhere to high standards of environmental responsibility and consumer rights in air transport.
Miscellaneous Provisions
The Annex includes various miscellaneous provisions related to taxation, financial control, and operational procedures, which facilitate smoother interactions between the EU and Swiss authorities in the context of air transport.
Conclusion
Overall, Decision No 1/2024 is a comprehensive update that not only replaces the previous Annex but also strengthens the legal and operational framework for air transport between the EU and Switzerland. It reflects a commitment to maintaining high standards of safety, competition, and consumer protection while fostering a collaborative regulatory environment.
Agreement Between the European Union and the Republic of Armenia on Judicial Cooperation
This Agreement establishes a framework for enhancing judicial cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the competent authorities of Armenia in combating serious crime, particularly organized crime and terrorism. It also facilitates the transfer of personal data to support investigations and prosecutions while ensuring the protection of individual rights.
Chapter I: Objectives, Scope, and Common Provisions
Article 1: Objectives
The primary objective is to improve judicial cooperation in combating serious crime. The Agreement allows for personal data transfer between Eurojust and Armenian authorities to strengthen their collaborative efforts in investigations and prosecutions.
Article 2: Scope
The Agreement ensures cooperation between Eurojust and Armenian authorities within the scope of activities defined by the Eurojust Regulation.
Article 3: Definitions
This Article outlines key definitions, including terms like ‘Eurojust’, ‘Member States’, ‘competent authority’, and ‘serious crime’. It also defines personal data and processing activities.
Article 4: Contact Points
Armenia is required to designate at least one contact point within its authorities to facilitate communication with Eurojust, specifically for terrorism-related matters.
Article 5: Liaison Prosecutor and Staff
Armenia will second a Liaison Prosecutor to Eurojust, who will assist in cooperation efforts. The Article details the powers, access to information, and the support staff for the Liaison Prosecutor.
Article 6: Operational and Strategic Meetings
The Liaison Prosecutor and other representatives can attend strategic and operational meetings organized by Eurojust, fostering collaboration and information exchange.
Article 7: Joint Investigation Teams
Eurojust may assist Armenia in establishing Joint Investigation Teams (JITs) with EU Member States, providing necessary financial or technical support.
Article 8: Liaison Magistrate
This Article allows Eurojust to post a Liaison Magistrate in Armenia to facilitate judicial cooperation, with specific tasks and arrangements detailed in a working agreement.
Chapter II: Information Exchange and Data Protection
Article 9: Purposes of Processing Personal Data
Personal data transferred under this Agreement may only be processed for the prevention, investigation, detection, or prosecution of criminal offenses.
Article 10: General Data Protection Principles
This Article outlines the principles for processing personal data, ensuring fairness, lawfulness, accuracy, and security in data handling.
Article 11: Categories of Data Subjects and Special Categories of Personal Data
Transfer of personal data of victims, witnesses, or sensitive data is strictly regulated, requiring necessity and proportionality for investigations.
Article 12: Automated Processing of Personal Data
Decisions based solely on automated processing that significantly affect data subjects are prohibited unless legally authorized with safeguards in place.
Article 13: Onward Transfer of Personal Data Received
Conditions are set for the onward transfer of personal data, requiring prior authorization from Eurojust and adherence to the original purpose of data transfer.
Article 14: Right of Access
The Article guarantees individuals the right to access their personal data processed under this Agreement, including information on the processing purposes and categories of data.
Article 15: Right to Rectification, Erasure, or Restriction
Individuals have the right to rectify inaccurate data or request erasure under specified conditions, with authorities obliged to inform individuals of the outcomes.
Article 16: Notification of a Personal Data Breach
Authorities must notify each other and supervisory authorities of personal data breaches without delay, detailing the nature and consequences of the breach.
Article 17: Communication of a Personal Data Breach to the Data Subject
In cases of high-risk breaches, authorities must communicate the breach to affected individuals promptly, detailing the incident and potential implications.
Article 18: Storage, Review, Correction, and Deletion of Personal Data
Time limits for storing personal data are established, with mandatory reviews to ensure data is not retained longer than necessary.
Article 19: Logging and Documentation
Logs of data processing activities must be maintained and made available to supervisory authorities for compliance verification.
Article 20: Data Security
Technical and organizational measures must be implemented to protect personal data, ensuring secure processing and access controls.
Article 21: Supervisory Authority
Independent authorities are designated to oversee compliance with data protection provisions, ensuring accountability and the protection of individual rights.
Article 22: Right to an Effective Judicial Remedy
Individuals have the right to seek judicial remedies for violations of their rights under this Agreement, including compensation for damages.
Chapter III: Confidentiality of Information
Article 23: Exchange of EU Classified or Sensitive Non-Classified Information
The exchange and protection of EU classified or sensitive non-classified information shall be governed by a working arrangement between Eurojust and Armenian authorities.
Chapter IV: Liability
Article 24: Liability and Compensation
Competent authorities are liable for damages caused by erroneous information exchanges. Compensation paid by one authority may be reclaimed from another under specific conditions.
Chapter V: Final Provisions
Article 25: Expenses
Each Party will bear its own expenses related to the Agreement’s implementation unless otherwise stated.
Article 26: Working Arrangement
Operational details will be governed by a working arrangement between Eurojust and Armenian authorities, replacing any previous agreements.
Article 27: Relation to Other International Instruments
This Agreement does not affect existing bilateral or multilateral agreements between Armenia and EU Member States.
Article 28: Notification of Implementation
Competent authorities must publicly disclose contact details and information regarding data protection safeguards.
Article 29: Entry into Force and Application
The Agreement will enter into force following the completion of approval procedures by both Parties.
Article 30: Amendments
Amendments may be made by mutual consent and will follow the same entry into force procedures.
Article 31: Review and Evaluation
The Parties will jointly review the Agreement’s implementation and evaluate its effectiveness at regular intervals.
Article 32: Settlement of Disputes and Suspension
Disputes will be resolved through consultations, with provisions for suspension in cases of material breach.
Article 33: Termination
Either Party may terminate the Agreement with three months’ notice, with provisions for continued processing of previously transferred data.
Article 34: Notifications
Notifications under the Agreement must be sent to designated authorities in both Parties.
Article 35: Authentic Texts
The Agreement is authentic in multiple languages, with the English text prevailing in case of discrepancies.
Annexes
- Annex I: Forms of serious crime.
- Annex II: Competent authorities of Armenia and their competences.
- Annex III: List of Union bodies Eurojust can share personal data with.
Analysis of the Trade Agreement Notice
The notice addresses the entry into force of two significant legal instruments: the Trade Agreement between the European Union (EU) and its Member States with Colombia and Peru, and the Protocol of Accession that accommodates Ecuador’s inclusion in this agreement. Both documents were signed in Brussels, with the original trade agreement signed on 26 June 2012 and the protocol on 11 November 2016.
Key Provisions
- Effective Date: The notice specifies that both the Trade Agreement and the Protocol of Accession will come into effect on 1 November 2024. This marks a crucial date for the operationalization of the agreement and its implications for trade relations.
- Scope of the Agreement: The Trade Agreement aims to enhance trade relations between the EU and Colombia and Peru, focusing on reducing tariffs, improving market access, and fostering cooperation in various sectors.
- Inclusion of Ecuador: The Protocol of Accession highlights the formal inclusion of Ecuador into the existing trade framework, allowing it to benefit from the same provisions as Colombia and Peru, thereby expanding the trade network within the region.
- Reference to Previous Official Journals: The notice references the Official Journals where the original Trade Agreement and the Protocol of Accession were published, ensuring transparency and accessibility to the legal texts for stakeholders.
Conclusion
This notice serves as an official confirmation of the upcoming activation of the Trade Agreement and its extension to Ecuador, signifying a step forward in the EU’s trade strategy in Latin America. It emphasizes the EU’s commitment to strengthening economic ties and enhancing collaborative trade frameworks with partner countries.
Judgment of the Court – Case E-6/23
On 2 July 2024, the Court delivered its judgment regarding the case E-6/23, concerning criminal proceedings against an individual referred to as MH. This case involves the interpretation of Directive 2004/38/EC, which governs the rights of Union citizens and their family members to move and reside freely within the Member States of the European Economic Area (EEA).
Key Provisions of the Judgment
1. Right of Entry and Residence
The Court ruled that the provisions set out in Chapter VI of Directive 2004/38/EC do not allow an EEA State to deny entry and residence to a third-country national spouse of an EEA national solely based on a previous exclusion order. This exclusion must have been issued prior to the third-country national acquiring derived free movement rights under the Directive. Furthermore, the Court emphasized that such a refusal can only be justified if it can be demonstrated that the individual’s presence poses a genuine, present, and sufficiently serious threat to fundamental societal interests, as outlined in Article 27(2) of the Directive.
2. Inapplicability of Article 32
The judgment clarifies that Article 32 of Directive 2004/38/EC does not apply, either directly or by analogy, in situations where the refusal of entry and residence is not based on a genuine, present, and sufficiently serious threat to public policy or public security. This underscores the requirement for a substantial justification for such refusals.
3. Compliance with Article 27
The Court reiterated that compliance with Article 27 of Directive 2004/38/EC is mandatory when an EEA State intends to penalize a third-country national for prior breaches of national immigration laws that occurred before the individual became a family member of an EEA national. In the absence of a new assessment in accordance with the Directive, the individual’s presence in the EEA State is considered lawful under EEA law. Consequently, they cannot be subjected to national sanctions for violating the original exclusion decision while exercising their derived rights under the Directive.
This judgment reinforces the protective measures established by the Directive for family members of EEA nationals, emphasizing the need for EEA States to exercise caution and adhere to the specified legal standards before enforcing entry and residence restrictions.
Analysis of Judgment E-14/23: EFTA Surveillance Authority v the Kingdom of Norway
The judgment delivered on 2 July 2024 by the Court in Case E-14/23 concerns the Kingdom of Norway’s compliance with its obligations under the European Economic Area (EEA) Agreement, specifically regarding the implementation of Directive 2014/50/EU. This directive aims to enhance worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights.
Key Provisions of the Judgment
The Court declared that Norway has failed to fulfill its obligations as outlined in Article 7 of the EEA Agreement and Article 8 of Directive 2014/50/EU. This failure is specifically linked to Norway’s lack of full implementation of the aforementioned directive into its national legal framework.
1. **Declaration of Non-compliance**: The Court’s ruling explicitly states that Norway has not adopted the necessary measures to fully integrate Directive 2014/50/EU into its internal legal order, which is essential for ensuring the rights of workers in terms of supplementary pension rights when moving between Member States.
2. **Cost Responsibility**: Additionally, the judgment mandates that Norway is responsible for bearing the costs associated with the legal proceedings initiated by the EFTA Surveillance Authority. This aspect underscores the accountability of EFTA States in adhering to their commitments under the EEA Agreement.
Implications of the Judgment
The ruling serves as a significant reminder for EFTA States regarding their obligations under the EEA Agreement, particularly in relation to the implementation of EU directives aimed at fostering worker mobility and ensuring equitable treatment of workers’ rights across borders. The failure to comply not only affects the rights of workers but also reflects on the legal and institutional integrity of the EFTA framework.
Overall, this judgment highlights the importance of timely and effective transposition of EU directives into national law to uphold the principles of the EEA and facilitate a cohesive labor market within the participating states.
