Regulation (EU) 2024/2838 Overview
The Regulation (EU) 2024/2838, adopted on 23 October 2024, amends several existing EU regulations to reduce administrative burdens while ensuring effective market monitoring in fisheries, aquaculture, and certain vehicle approvals. The regulation specifically targets outdated reporting requirements:
- Regulation (EU) No 1379/2013: Updates marketing standards reporting in fisheries by removing obligations from Article 13 of Council Regulation (EC) No 2406/96.
- Regulation (EU) No 167/2013: Eliminates Articles 74 and 75 concerning type-approval reporting for agricultural vehicles.
- Regulation (EU) No 168/2013: Deletes Articles 78 and 80 about type-approval reporting for two- or three-wheel vehicles.
By removing these requirements, the Regulation streamlines processes, lessening the administrative load on Member States and the European Commission, while retaining essential standards for market operations and safety.
Commission Regulation (EU) 2024/2844 Overview
Adopted on October 31, 2024, this regulation establishes a fisheries closure for saithe in Norwegian waters for French vessels due to quota exhaustion. The regulation comprises:
- Article 1: Declares quota exhaustion for France.
- Article 2: Prohibits fishing activities, allowing exceptions for pre-exhaustion actions such as transshipping.
- Article 3: States entry into force the day after publication.
Key provisions ban French vessels from fishing saithe in these waters, underscoring the EU’s commitment to sustainable fisheries management.
Commission Delegated Regulation (EU) 2024/2547 Overview
This regulation updates the EU’s dual-use items list to align with international non-proliferation agreements, reflecting 2023 global changes.
- Article 1: Replaces Annex I of Regulation (EU) 2021/821 with the updated dual-use items list.
- Article 2: Enforces the regulation a day post-publication.
The updated Annex I is critical for exporters, brokers, and authorities in managing dual-use items, ensuring compliance with international standards.
Directive (EU) 2024/2839 Overview
Adopted on October 23, 2024, this directive streamlines reporting requirements in food and food ingredients, outdoor noise, patients’ rights, and radio equipment:
- Removes annual reports for ionising irradiation facilities.
- Deletes the requirement for noise data publication under Directive 2000/14/EC.
- Changes reporting frequency on patient rights from triennial to quinquennial.
- Adjusts radio equipment application reports from biannual to quinquennial.
This directive enhances regulatory efficiency by reducing redundant reporting without compromising policy effectiveness.
Commission Regulation (EU) 2024/2845 Overview
This regulation closes fishing for common sole in specified areas for French vessels due to quota exhaustion, structured as follows:
- Article 1: Declares quota exhaustion.
- Article 2: Prohibits fishing activities, with retained exceptions for pre-exhaustion catches.
- Article 3: Specifies the regulation’s immediate effect post-publication.
The regulation enforces current measures due to 2024 quota exhaustion, maintaining compliance with the Common Fisheries Policy.
Commission Regulation (EU) 2024/2827 Overview
Adopted on October 28, 2024, this regulation closes fishing for ling in specific waters for French vessels due to quota exhaustion:
- Article 1: Declares quota exhaustion.
- Article 2: Prohibits fishing activities, allowing pre-exhaustion actions.
- Article 3: States immediate enforcement post-publication.
The regulation supports sustainable fisheries management, aligning with EU environmental objectives.
Commission Regulation (EU) 2024/2828 Overview
This regulation, effective from October 29, 2024, establishes a fisheries closure for herring in specified areas for French vessels due to quota exhaustion:
- Article 1: Addresses quota exhaustion.
- Article 2: Details prohibitions on fishing activities, with pre-exhaustion exceptions.
- Article 3: States the regulation’s entry into force post-publication.
Prohibitions ensure adherence to quotas, sustaining fishing practices within legal EU limits.
General Court Judgment on Competition Infringement
This judgment involves Crédit Agricole and UBS Group AG’s conduct in the SSA bond market. The Court upholds the European Commission’s decision of a single and continuous infringement under Article 101 TFEU and Article 53 EEA:
- Confirms anticompetitive object of banks’ conduct as a restriction by object, negating the need for actual effects assessment.
- Validates Commission’s fine methodology using a sales value proxy for SSA bonds.
- Finds Commission’s decision well-supported by evidence.
The judgment emphasizes transparency and detailed reasoning in competition cases within the financial sector.
General Court Judgment on State Aid
The judgment addresses Portugal’s Madeira Free Zone aid scheme’s compliance with EU state aid rules, finding violations and ordering recovery:
- Examines compatibility with regional aid provisions, focusing on geographic scope and job creation.
- Reinforces adherence to conditions in EU decisions authorizing state aid.
- Clarifies legitimate expectations and legal certainty principles.
The ruling underscores the necessity for strict implementation of state aid schemes as approved.
Decision No 1/2024 of the Partnership Council Overview
Adopted on November 5, 2024, this decision amends Annex 3 of the TCA between the EU and UK, updating Product Specific Rules of Origin to align with HS 2022 Nomenclature:
- Replaces existing Annex 3 with an updated version reflecting HS 2022 changes.
- Modifies rules for specific product headings to remain consistent with classifications.
Review of each of legal acts published today:
Regulation (EU) 2024/2838 of the European Parliament and of the Council of 23 October 2024 amending Regulations (EU) No 1379/2013, (EU) No 167/2013 and (EU) No 168/2013 as regards certain reporting requirements (Text with EEA relevance)
Summary of Regulation (EU) 2024/2838
The Regulation (EU) 2024/2838, adopted on 23 October 2024, amends existing regulations to streamline and simplify reporting requirements in the areas of fishery and aquaculture markets, as well as the approval and market surveillance of certain vehicles. The key objective is to reduce administrative burdens while maintaining effective monitoring and enforcement of EU laws.
Structure and Main Provisions
The Regulation is structured to amend three existing EU regulations: (EU) No 1379/2013, (EU) No 167/2013, and (EU) No 168/2013. It specifically targets outdated and unnecessary reporting requirements:
- Regulation (EU) No 1379/2013: Updates reporting obligations related to marketing standards in the fisheries sector by removing the requirement from Article 13 of Council Regulation (EC) No 2406/96.
- Regulation (EU) No 167/2013: Deletes Articles 74 and 75, which imposed reporting duties on type-approval procedures for agricultural and forestry vehicles.
- Regulation (EU) No 168/2013: Deletes Articles 78 and 80 related to reporting on type-approval procedures for two- or three-wheel vehicles and quadricycles.
Key Provisions for Use
The most significant provisions for practical application include:
- Removal of Outdated Requirements: The elimination of specific articles streamlines the regulatory framework, reducing the administrative workload for Member States and the European Commission.
- Continuation of Essential Standards: Despite the deletions, the Regulation ensures that essential marketing standards and type-approval rules remain unaffected, thereby maintaining the integrity of market operations and safety standards.
- Focus on Efficiency: By focusing on necessary reporting, the Regulation aligns with the EU’s broader strategy to enhance competitiveness and reduce red tape.
The Regulation takes effect 20 days after its publication in the Official Journal, making it immediately applicable across all EU Member States, ensuring uniformity in the application of these simplified reporting requirements.
Commission Regulation (EU) 2024/2844 of 31 October 2024 establishing a fisheries closure for saithe in Norwegian waters of 1 and 2 for vessels flying the flag of France
The Commission Regulation (EU) 2024/2844, issued on October 31, 2024, establishes a fisheries closure for saithe in Norwegian waters of areas 1 and 2 for vessels flying the flag of France. This measure is taken due to the exhaustion of the quota allocated to France for this fish stock in 2024.
The regulation is structured into a preamble and three main articles. The preamble provides the legal basis for the regulation, citing Council Regulation (EC) No 1224/2009 and Council Regulation (EU) 2024/257, which set the quotas for 2024. Article 1 declares the exhaustion of the fishing quota for France, while Article 2 outlines the prohibitions on fishing activities, including searching for fish, setting or hauling fishing gear, and details exceptions for actions like transshipping and processing of previously caught fish. Article 3 specifies the regulation’s entry into force the day after its publication.
The most critical provisions of this act include the prohibitions outlined in Article 2, which effectively ban French vessels from fishing saithe in the specified Norwegian waters due to quota exhaustion. The regulation allows for the retention and landing of unintended catches, provided they comply with existing recording and quota regulations. This regulatory action highlights the EU’s commitment to sustainable fisheries management and adherence to quota systems to prevent overfishing.
Commission Delegated Regulation (EU) 2024/2547 of 5 September 2024 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items
Essence of the Act
The Commission Delegated Regulation (EU) 2024/2547 updates the list of dual-use items under export control within the European Union. This update aligns the EU’s dual-use control list with international non-proliferation regimes and export control arrangements, reflecting changes made globally in 2023.
Structure and Main Provisions
The regulation is composed of two main articles and an annex:
- Article 1: Replaces the existing Annex I of Regulation (EU) 2021/821 with a newly updated list of dual-use items.
- Article 2: States that the regulation comes into force the day after its publication.
The annex is a comprehensive document that categorizes dual-use items into various sections, covering areas such as nuclear materials, electronics, and aerospace technologies. This categorization ensures thorough oversight of items with potential civilian and military applications.
Main Provisions for Use
The most significant provision of this regulation is the updated Annex I, which details the dual-use items subject to controls. This annex is vital for exporters, brokers, and regulatory authorities involved in the export, brokering, and transit of dual-use items. Key points include:
- Export Controls: Clearly defined criteria for controlled goods, particularly in sensitive areas like aerospace and electronics.
- Detailed Categorization: Specific categories for different technologies, ensuring clarity and precision in what constitutes a dual-use item.
- Compliance with International Standards: Alignment with international agreements, ensuring the EU’s export control regime is consistent with global standards.
This regulation is directly applicable in all EU Member States, ensuring uniform control measures across the Union. It underscores the importance of regular updates to reflect technological advancements and uphold international security commitments.
Directive (EU) 2024/2839 of the European Parliament and of the Council of 23 October 2024 amending Directives 1999/2/EC, 2000/14/EC, 2011/24/EU and 2014/53/EU as regards certain reporting requirements in the fields of food and food ingredients, outdoor noise, patients’ rights, and radio equipment (Text with EEA relevance)
Directive (EU) 2024/2839: Streamlining Reporting Requirements
The Directive (EU) 2024/2839, adopted on October 23, 2024, aims to amend existing directives by streamlining reporting requirements in the fields of food and food ingredients, outdoor noise, patients’ rights, and radio equipment. This initiative is part of the European Commission’s broader strategy to reduce administrative burdens by 25% while ensuring effective monitoring and enforcement of EU laws.
Structure and Key Amendments
- Directive 1999/2/EC: The annual reporting obligations related to ionising irradiation facilities are removed, aligning with the reporting requirements under Regulation (EU) 2017/625.
- Directive 2000/14/EC: The requirement for manufacturers to send EC declarations of conformity and for the Commission to publish noise data is deleted, as the information is available directly on the equipment.
- Directive 2011/24/EU: The frequency of the Commission’s reports on the operation of the directive is changed from every three years to every five years to align with the evaluation cycle of European Reference Networks.
- Directive 2014/53/EU: The mandatory reporting by Member States on the application of the directive is adjusted from every two years to every five years, aligning with the Commission’s reporting obligations.
Significant Provisions for Implementation
The Directive mandates specific changes to the reporting protocols to reduce redundancy and administrative load:
- Member States will no longer need to report annually on ionising irradiation checks, as existing regulations already cover these requirements.
- Documentation and data collection obligations concerning noise emissions from outdoor equipment are streamlined, reducing unnecessary duplication.
- The Commission will prepare and submit reports on the operation of patient rights in cross-border healthcare and radio equipment directives every five years, enhancing efficiency and coherence in data collection and usage.
Overall, Directive (EU) 2024/2839 reflects a commitment to regulatory efficiency, simplifying the administrative processes without compromising the effectiveness of policy objectives.
Commission Regulation (EU) 2024/2845 of 31 October 2024 establishing a fisheries closure for common sole in areas 7h, 7j and 7k for vessels flying the flag of France
Commission Regulation (EU) 2024/2845 Overview
This regulation, enacted by the European Commission, establishes a fisheries closure for common sole in areas 7h, 7j, and 7k for vessels flying the flag of France. The closure is due to the exhaustion of the fishing quota allocated to France for the year 2024.
Regulation Structure and Key Changes
The regulation is structured into a preamble and three main articles. The preamble provides the legal basis and context, referencing the Treaty on the Functioning of the European Union and Council Regulation (EC) No 1224/2009. The main body consists of:
- Article 1 – Quota Exhaustion: Declares the fishing quota for common sole in specified areas as exhausted.
- Article 2 – Prohibitions: Outlines the prohibition of fishing activities for the specified stock, with exceptions for activities related to catches made before the exhaustion date.
- Article 3 – Entry into Force: Specifies the regulation’s effective date as the day following its publication.
This regulation does not introduce changes compared to previous versions but enforces the measures due to quota exhaustion for the year 2024.
Important Provisions for Application
The most critical provisions for application are found in Article 2. The regulation strictly prohibits fishing activities for common sole in the specified areas by French vessels, effective from the closing date of July 26, 2024. This includes searching, setting, or hauling fishing gear for the purpose of catching this stock. However, it allows for the retention and landing of catches made before this date. Additionally, any unintended catches must be recorded and counted against quotas as per Regulation (EU) No 1380/2013, ensuring compliance with the Common Fisheries Policy.
Commission Regulation (EU) 2024/2827 of 28 October 2024 establishing a fisheries closure for ling in United Kingdom and international waters of 5 for vessels flying the flag of France
Commission Regulation (EU) 2024/2827 Overview
The Commission Regulation (EU) 2024/2827, adopted on 28 October 2024, establishes a fisheries closure for the ling species in United Kingdom and international waters of area 5 for vessels flying the French flag. This regulation responds to the exhaustion of the fishing quota allocated to France for ling in the specified area for the year 2024.
Structure and Key Provisions
- The regulation consists of a preamble and three main articles, along with an annex that specifies details of the quota exhaustion.
- Article 1 declares the exhaustion of the French fishing quota for ling in the specified waters for 2024, as detailed in the annex.
- Article 2 enforces prohibitions on fishing for the ling stock by French vessels from the date specified in the annex, while allowing certain activities for catches made prior to this date.
- Article 3 states the regulation’s entry into force immediately after its publication.
Important Provisions for Implementation
- The regulation prohibits French vessels from engaging in any fishing activities targeting the ling stock in the designated area from 31 July 2024, as noted in the annex.
- Certain activities remain authorized for ling caught before the closure date, ensuring compliance with existing fisheries management rules.
- Unintended catches of ling must be recorded and counted against quotas, ensuring accountability and adherence to the Common Fisheries Policy.
This regulation is crucial for managing fishery resources sustainably and preventing overfishing, aligning with the EU’s broader environmental and resource management objectives.
Commission Regulation (EU) 2024/2828 of 29 October 2024 establishing a fisheries closure for herring in areas 6b and 6aN; United Kingdom and international waters of 5b for vessels flying the flag of France
Commission Regulation (EU) 2024/2828 Overview
This regulation, adopted on October 29, 2024, establishes a fisheries closure for herring in specific maritime areas. It applies to vessels flying the flag of France and addresses the exhaustion of the allocated herring fishing quota for 2024 in areas 6b and 6aN, including United Kingdom and international waters of 5b.
Structure and Provisions of the Regulation
The regulation is structured into three main articles and an annex. Article 1 addresses the quota exhaustion, stating that the quota for France is deemed exhausted from the specified date in the annex. Article 2 details the prohibitions, specifying that French vessels are prohibited from fishing, transshipping, retaining on board, processing, transferring, caging, fattening, and landing herring from the specified stock after the exhaustion date. However, activities for catches taken before this date are allowed. Unintended catches must be recorded and counted against quotas. Article 3 pertains to the regulation’s entry into force, which is the day following its publication. The annex provides specific details about the quota, member state, stock, species, zone, and closing date.
Key Provisions for Consideration
The most critical provisions for practical use are the prohibitions outlined in Article 2. These stipulate that all fishing activities for herring by French vessels in the specified areas are prohibited once the quota is exhausted, effective from May 22, 2024. This includes searching for fish and deploying fishing gear. Additionally, any unintended catches must be properly recorded and counted against existing quotas, ensuring compliance with the Common Fisheries Policy as per Regulation (EU) No 1380/2013. These measures are crucial for maintaining sustainable fishing practices and ensuring that fishing activities remain within the legal limits set by the EU.
Judgment of the General Court (Fifth Chamber, Extended Composition) of 6 November 2024.Crédit agricole SA and Others v European Commission.Competition – Agreements, decisions and concerted practices – Suprasovereign bond, sovereign bond and agency bond sector denominated in United States dollars – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of prices and bond-trading activity – Exchanges of commercially sensitive information – Single and continuous infringement – Restriction of competition by object – Calculation of the amount of the fine – Basic amount – Proxy for the value of sales – Action for annulment – Unlimited jurisdiction.Cases T-386/21 and T-406/21.
Analysis of the General Court Judgment on Competition Infringement
Essence of the Act
This judgment from the General Court pertains to a competition infringement case involving Crédit Agricole and UBS Group AG, relating to their conduct in the SSA bond market. It scrutinizes the European Commission’s decision which found these entities guilty of breaching Article 101 TFEU and Article 53 of the EEA Agreement through price coordination and exchanging sensitive information.
Structure and Main Provisions
The judgment is organized around several pivotal issues: the presence of a single and continuous infringement, the classification of the conduct as a restriction by object, the methodology for calculating fines, and procedural aspects of the Commission’s investigation. The Court evaluated whether the Commission provided adequate evidence and reasoning, focusing on the nature of the SSA bond market and the implicated banks’ conduct.
Key changes include the analysis of the Commission’s fine calculation method, involving a proxy for sales value due to the unique characteristics of financial products like SSA bonds. The Court examined whether the Commission’s classification of the conduct as a restriction by object was justified, considering the economic context and competitive harm.
Main Provisions and Important Points
- The Court upheld the Commission’s finding of a single and continuous infringement, underlining the anticompetitive object of the banks’ conduct.
- The exchanges of information and trading coordination among the banks were deemed harmful enough to competition to be considered a restriction by object, bypassing the need to assess actual effects.
- The methodology for calculating fines was validated, with the Commission using a proxy based on notional amounts and bid-ask spreads from Bloomberg BGN data, rejecting alternative methods proposed by the banks.
- The judgment addressed claims of insufficient reasoning and procedural errors, finding the Commission’s decision to be well-supported by evidence.
This comprehensive evaluation of the Commission’s decision-making process emphasizes the necessity for transparency and detailed reasoning in competition cases, reinforcing legal standards for determining restrictions by object and calculating fines in the financial sector.
Judgment of the General Court (Fifth Chamber) of 6 November 2024.Portumo – Madeira – Montagem e Manutenção de Tubaria, SA (Zona Franca da Madeira) and Others v European Commission.State aid – Madeira Free Zone – Aid scheme implemented by Portugal – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring that scheme to be incompatible with the internal market and ordering recovery of aid paid under it – Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – Recovery – Legitimate expectations – Legal certainty – Freedom to provide services – Freedom of establishment – Freedom of movement for workers.Cases T-713/22 and T-720/22.
Essence of the Act: The General Court of the European Union ruled on a case concerning state aid provided by Portugal under the Madeira Free Zone (MFZ) scheme. The Court found that the aid scheme, as implemented, violated EU state aid rules and ordered Portugal to recover the aid granted. The judgment addresses issues of legitimate expectations, legal certainty, and the interpretation of regional aid provisions.
Structure and Main Provisions: The judgment is structured into several sections, including the background of the dispute, the pleas in law, and the Court’s analysis. The Court examined the compatibility of the Madeira Free Zone’s tax benefits with EU state aid regulations, focusing on the conditions for eligibility and the implementation of the scheme. The judgment also discusses the principles of legitimate expectations and legal certainty, and the recovery of aid. Compared to previous decisions, this ruling emphasizes strict compliance with the conditions set in the Commission’s decisions authorizing state aid.
Main Provisions for Use: The judgment highlights the importance of adhering to the specific conditions set out in EU decisions authorizing state aid, particularly regarding the geographic scope of activities and job creation in the aid-receiving region. It underscores that aid schemes must be implemented as approved, without substantial alterations. The Court also reinforced that undertakings cannot claim legitimate expectations for aid legality unless it follows the proper notification procedures. Additionally, the judgment clarifies that recovery of aid is mandated when the aid scheme is found incompatible with the internal market.
Decision no 1/2024 of the Partnership Council established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 5 November 2024 modifying Annex 3 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (Product Specific Rules of Origin) [2024/2837]
Decision No 1/2024 of the Partnership Council
This decision, adopted on November 5, 2024, by the Partnership Council established under the Trade and Cooperation Agreement (TCA) between the European Union, the European Atomic Energy Community, and the United Kingdom, modifies Annex 3 of the TCA. The amendment updates the Product Specific Rules of Origin to align with the changes introduced in the Harmonized System (HS) 2022 Nomenclature.
Structure and Main Provisions
The decision is structured around the need to update the nomenclature for product-specific rules of origin due to the changes in the HS classification. The main provisions involve replacing the existing Annex 3 with a new version that incorporates the HS 2022 updates. This includes adjustments for specific chapters and headings where products now fall under different classifications, ensuring the rules of origin remain applicable and consistent.
Important Provisions for Use
Key provisions include the modification of product-specific rules for headings 24.03, 24.04, 38.27, 84.79, and 85.24, which reflect the changes due to the HS 2022 updates. The decision also ensures compliance with previous decisions, specifically Decision No 1/2023, by not altering rules outside the scope of HS updates. The updated rules are crucial for companies engaged in trade under the TCA, as they determine the criteria under which goods can be considered originating and thus eligible for preferential treatment.
The decision will enter into force 60 days after adoption, providing a transitional period for stakeholders to adjust to the updated rules.
