Review of the EU legislation for 22/11/2024

Legal Acts Review:

1. Livanjski sir Registration:
The EU has registered ‘Livanjski sir’ as a Protected Geographical Indication, following an application from Bosnia and Herzegovina. This cheese product now enjoys protected status across all EU member states.
2. African Swine Fever Control:
The regulation updates restricted zones for African swine fever in Germany, Poland, Croatia, Italy, and Lithuania. It establishes three types of restricted zones with different control levels, modifying boundaries based on new outbreaks and improved situations in certain areas.
3. Dairy Cow Nutrition:
New feeding options for preventing milk fever in dairy cows have been introduced, including glycosylated 1,25-dihydroxycholecalciferol from Solanum glaucophyllum extract. The regulation sets specific dosage requirements and timing for administration, along with calcium and magnesium supplementation requirements.
4. Listeria Control:
Stricter controls for Listeria monocytogenes in ready-to-eat foods have been implemented, including zero tolerance in certain products and a 100 cfu/g limit where growth can be controlled. Implementation deadline is set for July 2026.
5. Poultry Import Rules:
New restrictions on poultry imports from Canada, UK, and US have been established due to avian influenza outbreaks. The regulation creates new restricted zones in British Columbia, Saskatchewan, Cornwall, and various US states.
6. VAT Deduction Rules:
The Court ruled that VAT deduction can be denied when invoices were issued without VAT and only corrected during tax inspection if the recipient hadn’t actually paid or owed the VAT.
7. Open Data Directive:
The Court clarified that Directive 2019/1024 governs re-use of public sector documents but doesn’t regulate access to them. Access conditions remain under national or other EU laws.
8. Timber Market Regulation:
The Court defined key concepts in timber market regulation, clarifying that ‘operators’ are those who first transfer ownership of harvested timber, not necessarily those authorizing harvesting.
9. EU-ESA Security Agreement:
A new agreement establishes framework for exchanging classified information between EU and European Space Agency, including security protocols and handling procedures.
10. Iceland Air Services:
A tender has been announced for operating scheduled air services between Reykjavík and two destinations (Gjögur and Bíldudalur) under public service obligations for three years from November 2025.

Review of each of legal acts published today:

Commission Implementing Regulation (EU) 2024/2932 of 14 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 (Livanjski sir (PGI))

This Commission Implementing Regulation establishes the registration of ‘Livanjski sir’ as a Protected Geographical Indication (PGI) in the European Union register of geographical indications. The regulation implements the application submitted by Bosnia and Herzegovina for protecting this specific cheese product under EU quality schemes.The regulation consists of two main articles. Article 1 formally enters ‘Livanjski sir’ into the Union register of geographical indications as a PGI. Article 2 sets the standard entry into force provision, making the regulation effective on the twentieth day following its publication in the Official Journal of the European Union.The regulation follows a standard procedure where the application was first published in the Official Journal, and no opposition was received during the designated period. This allowed for the straightforward registration of the geographical indication. The act is based on Regulation (EU) 2024/1143, which is the main framework regulation for geographical indications for wine, spirit drinks, and agricultural products.Key provisions include:

• The formal recognition of ‘Livanjski sir’ as a Protected Geographical Indication
• The confirmation that no oppositions were received during the statutory period
• The direct applicability of the protection in all EU Member States

Commission Implementing Regulation (EU) 2024/2928 of 20 November 2024 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever

This is a Commission Implementing Regulation amending Annex I to Regulation (EU) 2023/594 regarding special control measures for African swine fever (ASF).The regulation updates the zoning restrictions for ASF in several EU member states based on the latest epidemiological situation and risk assessments. It modifies the restricted zones I, II and III in affected countries.The main changes include updates to restricted zones in Germany, Poland, Croatia, Italy and Lithuania due to new ASF outbreaks and improvements in the disease situation in certain areas.

Structure and Key Provisions:

• The regulation consists of 2 articles and 1 annex that replaces Annex I of Regulation 2023/594
• The annex defines three types of restricted zones (I, II, III) with different levels of control measures
• It provides detailed geographical descriptions of the restricted zones in affected member states
• Changes are based on recent ASF outbreaks, risk assessments and effectiveness of control measures

Main Changes:

• New ASF outbreaks in Germany and Poland led to expansion of restricted zones
• Improvements in Croatia, Germany, Italy and Lithuania allowed reduction of restrictions in certain areas
• Detailed updates to geographical boundaries of restricted zones based on epidemiological situation
• Modifications take into account international standards and scientific criteria for ASF zoning

Commission Regulation (EU) 2024/2899 of 20 November 2024 amending Regulation (EU) 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes

This Commission Regulation amends the existing list of intended uses of feed intended for particular nutritional purposes, specifically focusing on the reduction of milk fever and subclinical hypocalcaemia in dairy cows. The regulation introduces new feeding options and modifies existing requirements for preventing calcium deficiency-related conditions in dairy cattle.The regulation makes two main changes to Regulation (EU) 2020/354:

• It adds glycosylated 1,25-dihydroxycholecalciferol from Solanum glaucophyllum extract as a new feeding option
• It modifies the Dietary Cation Anion Difference (DCAD) requirements, allowing for negative values in the cations-anions balance

Key provisions of the regulation include:

• Specific dosage requirements for the new Solanum glaucophyllum extract (15-80 μg per day)
• Detailed timing for administration (from 9 days before calving to immediately before calving)
• Mandatory calcium supplementation (minimum 60g per cow pre-calving, 84g during lactation)
• Magnesium supplementation requirements (minimum 18g per cow pre-calving, 26g during lactation)
• Modified DCAD values ranging from negative values to less than 100 mEq/kg dry matter

Commission Regulation (EU) 2024/2895 of 20 November 2024 amending Regulation (EC) No 2073/2005 as regards Listeria monocytogenes

This Regulation amends the existing rules on microbiological criteria for foodstuffs, specifically focusing on Listeria monocytogenes control in ready-to-eat foods. The amendment comes in response to a 15.9% increase in listeriosis cases in the EU in 2022 compared to 2021, with one of the highest death rates in the last decade.The Regulation introduces stricter control measures for ready-to-eat foods that can support the growth of Listeria monocytogenes. The main structural change is in Annex I, Chapter 1, where entry 1.2 is modified to establish new sampling plans, limits, and analytical reference methods for testing Listeria monocytogenes in food products.Key provisions include:

• A zero-tolerance approach (not detected in 25g) for ready-to-eat foods where producers cannot demonstrate that Listeria levels will stay below 100 cfu/g throughout shelf-life
• A limit of 100 cfu/g for products where producers can prove Listeria levels will remain controlled
• Specific sampling requirements with five samples (n=5) and zero tolerance for positive results (c=0)
• Special attention to foods intended for infants and medical purposes
• Implementation deadline set for July 1, 2026, giving businesses time to adapt their procedures

Commission Implementing Regulation (EU) 2024/2922 of 20 November 2024 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry, and of fresh meat of poultry and game birds

This Commission Implementing Regulation amends the rules for importing poultry, poultry products, and game birds from Canada, the United Kingdom, and the United States into the European Union. The changes are made in response to outbreaks of highly pathogenic avian influenza (HPAI) in these countries.The regulation modifies two annexes of Implementing Regulation (EU) 2021/404: Annex V concerning poultry and poultry germinal products, and Annex XIV regarding fresh meat of poultry and game birds. The changes establish new restricted zones around areas where HPAI outbreaks were detected and suspend imports from these zones.The main provisions include:

• Addition of six new restricted zones in Canada (five in British Columbia and one in Saskatchewan)
• Creation of a new restricted zone in Cornwall, England
• Addition of five new restricted zones in the United States (in California, Montana, and Utah)
• Reauthorization of imports from certain previously restricted zones in Florida, USA, where the situation has improved
• Detailed geographical coordinates and descriptions of all new restricted zones
• Specific conditions and certificates required for imports from affected areas

The regulation provides precise technical details about the restricted zones, including their exact geographical coordinates, affected municipalities, and the types of products subject to restrictions. It also specifies the dates when restrictions begin and, in some cases, when they are lifted following successful disease control measures.

Commission Implementing Regulation (EU) 2024/2913 of 14 November 2024 laying down rules for the application of Regulation (EU) 2024/1143 of the European Parliament and of the Council as regards the approval of a Union amendment to the product specification of the protected designation of origin Toro

This Regulation approves an amendment to the product specification for the Spanish wine with Protected Designation of Origin (PDO) ‘Toro’. The act represents a technical implementation of the EU’s geographical indications framework for wines and agricultural products.The Regulation consists of two articles: Article 1 approves the amendment to the product specification for ‘Toro’ PDO that was previously published in the Official Journal, while Article 2 sets the standard entry into force provision (twentieth day following publication).The key aspects of this Regulation include:

• The amendment application was submitted by Spain under the previous regulatory framework (Regulation 1308/2013)
• No opposition was received during the prescribed period under Article 17 of Regulation 2024/1143
• The amendment was processed under transitional provisions of the new Regulation 2024/1143 on geographical indications

Judgment of the Court (Tenth Chamber) of 21 November 2024.Openbaar Ministerie and Federale Overheidsdienst Financiën v Profit Europe NV and Gosselin Forwarding Services NV.Reference for a preliminary ruling – Common commercial policy – Protection against dumping – Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China – Provisional Regulation (EU) No 1071/2012 – Implementing Regulation (EU) No 430/2013 – Validity – Regulation (EC) No 1225/2009 – Article 5 – Initiation of the investigation procedure – Definition of the product concerned – Threaded tube or pipe cast fittings, of spheroidal graphite cast iron.Case C-719/22.

This judgment concerns the validity of EU anti-dumping regulations imposing duties on imports of threaded tube or pipe cast fittings from China and Thailand. The key aspects are:1. The case examines whether anti-dumping duties could be legally imposed on threaded fittings made of spheroidal graphite cast iron, when the original investigation focused on malleable cast iron fittings.2. The Court analyzed the structure and scope of:

• Commission Regulation 1071/2012 imposing provisional anti-dumping duties
• Council Implementing Regulation 430/2013 imposing definitive anti-dumping duties
• The Basic Anti-dumping Regulation 1225/2009

3. The main provisions examined were:

• Requirements for initiating anti-dumping investigations
• Definition of product scope in anti-dumping proceedings
• Relationship between customs classification and anti-dumping measures

The Court concluded that the anti-dumping regulations were valid, finding that spheroidal graphite cast iron fittings were properly included within the scope of the original investigation and measures, since they share the same essential physical characteristics as malleable cast iron fittings and are fundamentally intended for the same uses.

Judgment of the Court (Seventh Chamber) of 21 November 2024.UG v European Commission.Appeal – Civil service – Members of the contract staff – Contract for an indefinite period – Termination of the contract – Article 47(c)(i) of the Conditions of Employment of Other Servants of the European Union – Incompetence – Conduct in the service and attitude at work incompatible with the interests of the service – Obligation to state reasons – Right to be heard – Right to parental leave – Article 42a of the Staff Regulations of Officials of the European Union.Case C-546/23 P.

Judgment of the Court (Seventh Chamber) of 21 November 2024.„SEM Remont“ EOOD v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite.Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of VAT – Principle of neutrality of VAT – Late submission of an application for registration – Issuing and content of invoices – Invoice which does not state input VAT – Tax calculated on the basis of a report – Absence of a correcting invoice – Right of deduction – Precluded.Case C-624/23.

This judgment concerns the interpretation of EU VAT law regarding the right to deduct VAT in cases where invoices were issued without stating VAT and later corrected through a report during tax inspection.The key points of the judgment are:

• The case deals with a situation where a supplier failed to register for VAT timely and issued invoices without VAT, later providing a report during tax inspection stating VAT
• The Court ruled that EU VAT law does not preclude denying the right to deduct VAT in such cases where the recipient did not actually pay or owe the VAT
• The Court confirmed that while formal defects can sometimes be corrected retroactively, this requires that substantive requirements for VAT deduction were met

The main provisions analyzed by the Court include:

• Articles 167-168 of the VAT Directive regarding the right to deduct VAT
• Article 178 on conditions for exercising the right to deduct
• Articles 218-226 on invoicing requirements
• The principle of VAT neutrality

The Court concluded that Member States can deny VAT deduction where invoices did not state VAT and were only ‘corrected’ through a report during tax inspection, if the recipient had not actually paid or owed the VAT. This maintains the integrity of the VAT system while preventing improper deductions.

Judgment of the Court (Tenth Chamber) of 21 November 2024.HP – Hrvatska pošta d.d. v Povjerenik za informiranje.Reference for a preliminary ruling – Approximation of laws – Open data and re-use of public sector information – Directive (EU) 2019/1024 – Article 1 – Scope – Article 2 – Concept of ‘re-use’ of documents – Right of access to documents held by a public sector body.Case C-336/23.

This judgment concerns the interpretation of Directive 2019/1024 on open data and re-use of public sector information. The Court clarifies the scope and key provisions of this directive in relation to access to public documents.The directive establishes minimum rules for re-using documents held by public sector bodies and certain public undertakings. Its main goal is to promote open data usage and stimulate innovation in products and services across the EU by creating conditions for developing digital content products based on public sector documents.Key provisions of the act include:

• The directive governs re-use of existing documents but does not regulate access to documents
• Re-use means using documents for purposes other than their initial public task purpose
• The directive builds on but does not affect existing EU and national access regimes
• Documents with restricted access under national laws are excluded from the directive’s scope
• The directive presupposes but does not establish a right of access to public documents

The Court concluded that while re-use of documents requires access to them, these are two distinct operations. The directive only regulates re-use aspects and does not cover requests for initial access to documents held by public bodies. Access conditions remain governed by national or EU laws outside this directive’s scope.

Judgment of the Court (Fifth Chamber) of 21 November 2024.Mesto Rimavská Sobota v Ministerstvo pôdohospodárstva a rozvoja vidieka Slovenskej republiky.Reference for a preliminary ruling – Environment – Regulation (EU) No 995/2010 – Obligations of operators who place timber and timber products on the market – Article 2(a) to (c) – Concepts of ‘timber and timber products’, ‘placing on the market’ and ‘operator’.Case C-370/23.

This judgment concerns the interpretation of Regulation (EU) No 995/2010 regarding obligations of operators who place timber and timber products on the market. The case arose from a dispute between the Municipality of Rimavská Sobota and the Slovak Ministry of Agriculture about a fine imposed on the municipality for failing to implement a due diligence system for timber sales.The judgment clarifies three key concepts from the Regulation:

• ‘Timber and timber products’ – includes harvested wood but not standing trees
• ‘Placing on the market’ – means first-time transfer of ownership of timber for commercial purposes
• ‘Operator’ – person who first places timber on the market

The Court established that a person authorizing others to harvest timber under their supervision is considered an ‘operator’ only if they maintain ownership of the harvested timber before transferring it. If the harvester automatically becomes the owner upon felling trees, the forest manager is not considered an operator under the Regulation.The key provisions analyzed include:

• Article 2(a)-(c) defining main concepts
• Article 4 on operators’ obligations including due diligence requirements
• Article 6 detailing due diligence system requirements
• The Annex specifying covered timber products

The judgment emphasizes that national law determines ownership rights and transfer conditions, which then determine who qualifies as an operator under EU law. The Court left it to national courts to assess specific ownership arrangements under domestic law.

Judgment of the Court (Fourth Chamber) of 21 November 2024.Harley-Davidson Europe Ltd and Neovia Logistics Services International v European Commission.Appeal – Common commercial policy – Measures to ensure the exercise by the European Union of its rights under international trade rules – Regulation (EU) No 654/2014 – Implementing Regulation (EU) 2018/886 – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Decisions relating to binding origin information (BOI) adopted by national customs authorities – Delegated Regulation (EU) 2015/2446 – Determination of the non-preferential origin of certain Harley-Davidson motorcycles – Concept of ‘processing or working operations which are not economically justified’ – Implementing decision of the European Commission on the revocation of BOI decisions – Delegation of power – Legitimate expectations – Right to good administration – Right to be heard.Case C-297/23 P.

Notice concerning the entry into force of the Agreement between the European Union and the European Space Agency on the security and exchange of classified information

This is a notice about the entry into force of the Agreement between the EU and European Space Agency (ESA) regarding the security and exchange of classified information. The Agreement establishes a formal framework for protecting and sharing sensitive information between these two organizations. The Agreement was signed in Brussels on 22 May 2024 and entered into force on 1 November 2024, after completing all necessary procedures by October 30, 2024. The document is registered under reference number 2024/2920 in the Official Journal of the European Union. The main purpose of this Agreement is to establish rules and procedures for the secure exchange of classified information between the EU and ESA. This includes protocols for handling, storing, and transmitting sensitive data related to space activities, research, and joint projects. Key provisions of the Agreement likely include:

• Classification levels and their equivalence between the EU and ESA systems
• Security standards and procedures for handling classified information
• Rules for the protection of shared classified information
• Protocols for secure communication channels
• Responsibilities of both parties in maintaining information security

EFTA Surveillance Authority communication pursuant to Article 17(5) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community – Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

This is a communication from EFTA Surveillance Authority regarding a tender for operating scheduled air services on specific routes in Iceland under public service obligations. The document outlines the conditions for operating air services between Reykjavík and two destinations: Gjögur and Bíldudalur.The act is structured as a standard tender announcement, containing essential information about the routes, contract duration, submission deadlines, and contact details for obtaining further documentation. The tender is organized by Vegagerðin (The Icelandic Road and Coastal Administration).Key provisions of the act include:
– Two specific flight routes: Reykjavík-Gjögur-Reykjavík and Reykjavík-Bíldudalur-Reykjavík
– Contract duration of three years (November 1, 2025 – October 31, 2028) with a possible two-year extension
– Two-month submission period from the publication date in the Official Journal
– Detailed tender documentation available through the Icelandic Road and Coastal Administration
– Operation under public service obligations according to Regulation 1008/2008