Review of the EU legislation for 19/11/2024

Here’s a concise review of the most significant legal acts from the provided set:
Solvency II Technical Information (September-December 2024)
Sets specific technical parameters for insurance companies to calculate provisions and basic own funds, including risk-free interest rates, fundamental spreads, and volatility adjustments for different currencies and markets.
Baltic Sea Fishing Opportunities 2025
Establishes catch limits and quotas for fish species in the Baltic Sea, implementing zero targeted fishing for western Baltic herring and eastern Baltic cod, restricting recreational fishing, and setting specific rules for small-scale coastal vessels.
Digital Platform Employment Data Collection 2026
Defines technical specifications for gathering statistics about platform workers, including categorization of work types, income measurement, working hours, and social protection aspects.
Iran Sanctions Amendment
Expands restrictions on Iran by prohibiting exports of UAV and missile components and banning transactions with specific Iranian ports used for military equipment transfers to Russia.
Product Liability Directive
Modernizes EU product liability rules to include software, digital files, and AI systems, establishing new provisions for compensation, burden of proof, and extended limitation periods.
Community Designs Regulation
Updates EU design protection system to cover digital designs, introduces new rules for component parts, establishes electronic-only communication with EUIPO, and strengthens protection against counterfeits.
EU-Norway VAT Cooperation
Enhances administrative cooperation in VAT matters between EU and Norway, introducing joint administrative enquiries and updating data protection provisions.

Review of each of legal acts published today:

Commission Implementing Regulation (EU) 2024/2883 of 18 November 2024 laying down technical information for the calculation of technical provisions and basic own funds for reporting with reference dates from 30 September 2024 until 30 December 2024 in accordance with Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance

This regulation establishes technical information for calculating technical provisions and basic own funds for insurance and reinsurance companies in accordance with Solvency II Directive for the period from September 30, 2024 to December 30, 2024.The regulation consists of two main articles and three annexes that provide detailed technical information:

• Annex I contains risk-free interest rate term structures for different currencies
• Annex II provides fundamental spreads for calculating the matching adjustment
• Annex III specifies volatility adjustments for different national insurance markets

The key provisions include:

• Insurance and reinsurance companies must use this technical information when calculating their technical provisions and basic own funds
• The information is based on market data from the end of September 2024
• The regulation applies uniformly across all EU member states to ensure consistent calculation methods
• The technical information includes risk-free interest rates, fundamental spreads, and volatility adjustments for different currencies and national markets

The regulation provides detailed tables with numerical values for different durations, credit quality steps, and currencies that companies must use in their calculations. The values are specified with high precision to ensure accurate and standardized calculations across the insurance sector.

Commission Implementing Regulation (EU) 2024/2892 of 12 November 2024 laying down rules for the application of Regulation (EU) 2024/1143 of the European Parliament and of the Council as regards the entering of a geographical indication in the Union register of geographical indications (Torrezno de Soria (PGI))

This Commission Implementing Regulation establishes the registration of ‘Torrezno de Soria’ as a Protected Geographical Indication (PGI) in the European Union register of geographical indications. The regulation implements the new framework for geographical indications established by Regulation (EU) 2024/1143.The regulation consists of two main articles: Article 1 formally enters ‘Torrezno de Soria’ into the Union register of geographical indications as a PGI, while Article 2 sets the standard entry into force provision (twentieth day following publication).The regulation follows a straightforward application process where Spain submitted the request for registration before the entry into force of Regulation (EU) 2024/1143. The application was published in the Official Journal, and no opposition was received during the designated period, leading to the approval of the registration.Key aspects of the regulation include:

• The transition from the previous legal framework (Regulation 1151/2012) to the new system under Regulation 2024/1143
• The successful completion of the opposition period without any challenges to the registration
• The formal recognition of ‘Torrezno de Soria’ as a protected geographical indication at the EU level

Council Regulation (EU) 2024/2903 of 18 November 2024 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2025 and amending Regulation (EU) 2024/257 as regards certain fishing opportunities in other waters

This regulation establishes fishing opportunities (total allowable catches – TACs and quotas) for certain fish stocks in the Baltic Sea for 2025 and amends certain fishing opportunities in other waters. The key aspects include:The regulation sets specific catch limits and quotas for different fish species in various subdivisions of the Baltic Sea, including herring, cod, plaice, salmon and sprat. It establishes detailed rules for:

• Allocation of fishing opportunities among EU Member States
• Special provisions on quota exchanges and transfers
• Closures of certain areas to protect cod and sprat spawning
• Restrictions on recreational fishing for cod and salmon
• Conservation measures for sea trout and salmon stocks

The regulation maintains or introduces several restrictive measures due to poor stock conditions, including:

• Zero targeted fishing and low by-catch limits for western Baltic herring, eastern Baltic cod, and western Baltic cod
• Prohibition of recreational cod fishing in most areas
• Spawning closures in several subdivisions
• Specific rules for small-scale coastal fishing vessels

The regulation aims to balance the need for stock conservation with socio-economic impacts on the fishing industry, while following scientific advice and the principles of the Common Fisheries Policy. It includes detailed technical provisions on quota management, data reporting, and monitoring requirements.

Commission Implementing Regulation (EU) 2024/2887 of 15 November 2024 specifying the technical items of the data set for the 2026 ad hoc subject on Digital Platform Employment in the labour force domain in accordance with Regulation (EU) 2019/1700 of the European Parliament and of the Council

This Commission Implementing Regulation establishes technical specifications for collecting data about Digital Platform Employment in the EU labor force in 2026. The regulation defines detailed variables and parameters for gathering statistics about workers engaged in platform-based employment across various sectors.The regulation consists of two articles and an extensive annex that details the technical format of variables to be collected. The annex presents a comprehensive data collection framework with specific codes and labels for different aspects of digital platform work.Key technical elements include:

• Areas of platform work activity (goods selling, delivery services, taxi services, IT services, etc.)
• Work intensity measurements (from one-off activities to weekly engagement)
• Income share from platform work
• Working hours and their distribution
• Decision-making authority regarding working hours and pricing
• Access to benefits and leave arrangements
• Classification of platform work as main or secondary employment

The most significant provisions include detailed categorization of platform work types, measurement of work intensity and income dependency, and assessment of worker autonomy in terms of task selection, working hours, and price setting. The regulation also introduces important variables for measuring social protection aspects like access to paid sick leave.

Council Regulation (EU) 2024/2897 of 18 November 2024 amending Regulation (EU) 2023/1529 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region

This regulation amends EU Regulation 2023/1529 concerning restrictive measures against Iran in view of its military support to Russia’s war against Ukraine and armed groups in the Middle East and Red Sea region.The regulation introduces new restrictive measures, including prohibitions on exporting components used for UAVs and missiles production, as well as a transaction ban with certain Iranian ports used for transferring military equipment to Russia.The key changes include:

• Expanded export prohibitions on components for UAVs and missiles development
• New transaction ban on ports and locks owned/controlled by listed entities or used for transfer of Iranian military equipment to Russia
• Updated listing criteria and targeted exceptions for humanitarian purposes and maritime safety
• Addition of two Iranian ports (Amirabad and Anzali) to the restricted list due to their role in transferring military equipment

The regulation contains detailed technical annexes listing controlled items in categories like special materials, electronics, computers, sensors, navigation equipment, and aerospace components. It provides specific definitions and parameters for restricted technologies and components.

Council Implementing Regulation (EU) 2024/2896 of 18 November 2024 implementing Regulation (EU) 2023/1529 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region

This Council Implementing Regulation is focused on expanding sanctions against Iran due to its military support to Russia in the war against Ukraine and support to armed groups in the Middle East and Red Sea region. The act specifically targets Iranian ballistic missiles and drone transfers to Russia, which are used against Ukraine.The Regulation amends Annex III of Regulation (EU) 2023/1529 by adding new persons and entities to the sanctions list. The structure includes two main sections: one adding a natural person (Mohammad Reza Khiabani, director of IRISL) and another adding four legal entities (MG Flot LLC, VTS Broker LLC, Arapax LLC, and Islamic Republic of Iran Shipping Lines) to the restrictive measures list.Key provisions of the act include:

• Detailed identification and listing of shipping companies involved in transporting Iranian military-related commodities to Russia
• Specific focus on companies involved in transferring UAVs (drones) and missile components across the Caspian Sea to Russia
• Inclusion of Iran’s national maritime carrier (IRISL) in the sanctions list due to its involvement in military cargo transportation
• Detailed descriptions of each sanctioned entity’s role in facilitating military support to Russia

Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC (Text with EEA relevance)

The Directive 2024/2853 establishes a comprehensive framework for product liability in the EU, replacing the previous Directive 85/374/EEC. It sets rules for compensation of natural persons for damage caused by defective products and aims to ensure proper functioning of the internal market while providing high consumer protection.The Directive has a significantly expanded scope compared to its predecessor, covering not only traditional products but also software, digital manufacturing files, and related digital services. It introduces new provisions for liability of online platforms, AI systems providers, and operators in circular economy business models. The act will apply to products placed on market after December 9, 2026.Key provisions include:

• Extended definition of ‘product’ to include software, digital files and related services
• New rules on burden of proof and disclosure of evidence to help injured persons obtain compensation
• Liability for defects in products that emerge after being placed on market if still under manufacturer’s control
• Compensation for damage to property, personal injury, and destruction/corruption of non-professional data
• Joint liability where multiple operators are responsible for damage
• Special provisions for AI systems and cybersecurity vulnerabilities
• Extended limitation periods (3 years) and expiry periods (10-25 years) for claims
• Specific rules for circular economy activities like remanufacturing and substantial modifications

The Directive provides detailed mechanisms for establishing liability, including presumptions of defectiveness in certain cases, rules for burden of proof, and requirements for disclosure of evidence. It maintains the principle of liability without fault while modernizing it for the digital age and new business models.

Commission Implementing Regulation (EU) 2024/2890 of 11 November 2024 laying down rules for the application of Regulation (EU) 2024/1143 of the European Parliament and of the Council as regards the entering of a traditional speciality guaranteed in the Union register of traditional specialities guaranteed (Seneno meso (TSG))

This Commission Implementing Regulation establishes the registration of ‘Seneno meso’ as a traditional speciality guaranteed (TSG) in the European Union register. The regulation implements the provisions of the broader EU framework on geographical indications, traditional specialities, and quality terms for agricultural products.The regulation consists of two main articles. Article 1 formally enters ‘Seneno meso’ into the Union register of traditional specialities guaranteed, while Article 2 sets the standard entry into force provision. The regulation follows Slovenia’s application for registration, which was processed under the transition between the old Regulation (EU) No 1151/2012 and the new Regulation (EU) 2024/1143.Key aspects of the registration process include:

• The application was originally submitted by Slovenia under the previous regulation
• The application was duly published in the Official Journal of the European Union
• No opposition was received during the designated period
• The registration was approved following the completion of all procedural requirements

Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002 (Text with EEA relevance)

This regulation amends Council Regulation (EC) No 6/2002 on Community designs and repeals Commission Regulation (EC) No 2246/2002. It is a comprehensive update of the EU design protection system.The key aspects of this regulation include:

• Modernizing the definition of designs to explicitly cover designs that are not embodied in physical products, including digital designs and graphical user interfaces
• Introducing new provisions on design protection for component parts used for repair purposes
• Updating procedural rules regarding applications, registrations, renewals and invalidity proceedings
• Establishing electronic-only communication between the EUIPO and parties
• Setting fee amounts directly in the regulation rather than in a separate implementing regulation
• Strengthening design protection against counterfeit goods entering the EU
• Clarifying cumulation of protection under design law and copyright law

The regulation aims to make the EU design system more accessible and efficient, particularly for SMEs and individual designers. It updates the regulatory framework to account for technological developments and provides clearer rules on scope of protection and enforcement.Most provisions will apply from May 1, 2025, with some provisions related to procedural matters taking effect from July 1, 2026. The regulation is particularly relevant for Ukraine as it affects design protection throughout the EU market, which is a key trading partner for Ukrainian businesses.

Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast) (Text with EEA relevance)

The Directive 2024/2823 is a comprehensive legal framework for the protection of industrial designs in the European Union. It replaces and modernizes the previous Directive 98/71/EC, providing updated rules for design registration and protection across EU member states. The Directive aims to harmonize design protection laws and procedures among EU countries while adapting to technological advances and new types of designs.The Directive’s structure includes five chapters covering general provisions, substantive law, procedures, administrative cooperation, and final provisions. Key changes include new definitions of designs and products, expanded protection for digital and animated designs, and harmonized procedures for design registration and invalidity.Main provisions include:

• Updated definition of ‘design’ to include movement, transition, and animation features
• Protection for designs in both physical and digital forms
• 25-year maximum protection period through 5-year renewable terms
• Introduction of a ‘repair clause’ for spare parts of complex products
• Harmonized rules for design representation and multiple applications
• New provisions for deferment of publication up to 30 months
• Enhanced protection against counterfeit goods, including those in transit
• Introduction of a common design registration symbol (Ⓓ)
• Strengthened administrative cooperation between national offices

Agreement between the European Union and the Kingdom of Norway amending the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax

This Agreement amends the existing cooperation framework between the EU and Norway in the field of value added tax (VAT) administration. It strengthens administrative cooperation tools and updates data protection provisions to align with current EU regulations. The Agreement introduces new mechanisms for joint administrative enquiries and enhances Eurofisc network collaboration.The Agreement’s structure consists of three main articles with multiple amendments to the original agreement. The first article contains five major modifications covering confidentiality rules, data protection requirements, administrative cooperation procedures, and dispute settlement mechanisms. Articles 2 and 3 deal with entry into force and authentic text provisions.Key provisions include:

• Enhanced framework for joint administrative enquiries allowing officials from different states to form single teams
• Updated data protection provisions aligned with GDPR (Regulation 2016/679)
• Strengthened Eurofisc cooperation allowing faster information exchange and analysis
• Detailed rules on information confidentiality and conditions for sharing data with third countries
• Specific requirements for personal data processing, including restrictions on commercial use

Decision No 79/2024 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility of 5 November 2024 [2024/2900]

This Decision concerns the addition of a new Conformity Assessment Body to the existing agreement on mutual recognition between the EU and USA in the field of electromagnetic compatibility testing. The Decision adds an Austrian organization, Forschungsgesellschaft der FH Kärnten mbH, to the list of bodies authorized to conduct conformity assessments for EU access to the US market.The structure of the Decision is straightforward, consisting of two main operative paragraphs and an attachment. The first paragraph establishes the addition of the new Conformity Assessment Body, while the second paragraph confirms that the specific scope of the body’s authority has been agreed upon by both parties.Key provisions include:
– The addition of the Austrian body to the list of approved conformity assessment bodies
– Confirmation that both parties have agreed on the specific scope of products and procedures for which the body can conduct assessments
– The requirement for signatures from both EU and US representatives for the decision to take effect
– The specification that the decision becomes effective from the date of the later signature (5 November 2024)