Here’s a review of the five legal acts:
1. Cherry and Plum Import Regulation
The regulation removes certain Prunus species (cherry and blackthorn) from high-risk plant classification when imported from the UK. It establishes new phytosanitary requirements including pest-free certifications, official inspections, and specific conditions for different plant materials like budwood and bare-rooted plants.
2. Baltic Sea Fisheries Protection
The regulation creates new fishing restrictions in five Special Areas of Conservation in the German Baltic Sea zone. It prohibits mobile bottom contacting gear in specific zones, requires vessel monitoring systems with 10-minute position reporting, and establishes 4 nautical-mile alert zones. Vessels must stow fishing gear when transiting through protected areas.
3. Crypto-assets Reporting Standards
The regulation details reporting requirements for asset-referenced and e-money tokens under MiCA. Issuers must provide quarterly reports on token holders, reserve assets, transaction data, and token usage. It includes standardized reporting templates and rules for data collection from crypto-asset service providers.
4. REACH Regulation Technical Correction
This is a technical amendment to the French version of REACH Regulation’s Annex XVII, correcting concentration levels of substances in entries 68 and 73. The corrections apply only to the French language version and maintain the original intent of the provisions.
5. Gas Market Directive Judgment
The Court upheld Directive 2019/692 extending EU gas market rules to pipelines between EU and third countries. The ruling confirms requirements for ownership unbundling, third-party access, and tariff regulation, with derogation possibilities for pipelines completed before May 2019.
Review of each of legal acts published today:
Commission Implementing Regulation (EU) 2024/2931 of 27 November 2024 amending Implementing Regulation (EU) 2018/2019 as regards certain plants for planting of Prunus avium, Prunus canescens, Prunus cerasus, Prunus pseudocerasus and Prunus spinosa originating in the United Kingdom, and Implementing Regulation (EU) 2020/1213 as regards the phytosanitary measures for the introduction of those plants for planting into the Union
This Regulation amends the EU rules regarding the import of certain cherry and plum species from the United Kingdom. It removes specific types of Prunus plants (including cherry and blackthorn) from the list of high-risk plants and establishes new phytosanitary measures for their import into the EU. The changes are based on risk assessments conducted by the European Food Safety Authority.The Regulation consists of three articles and two annexes. Article 1 modifies the list of high-risk plants by removing certain Prunus species. Article 2 introduces new phytosanitary requirements for importing these plants. The annexes provide detailed specifications of the amendments and the new import requirements.Key provisions include:
- Removal of specific Prunus plants from high-risk classification when originating from the UK
- Introduction of detailed requirements for plant health certificates
- Establishment of specific measures against pests like Colletotrichum aenigma and Eulecanium excrescens
- Requirements for official inspections and testing of plants before export
- Specific conditions for different types of plant material (budwood, graftwood, bare-rooted plants)
The most significant aspects are the detailed phytosanitary requirements for imports, including official statements about freedom from specific pests, inspection requirements, and certification procedures. The regulation sets precise parameters for plant age, size, and growing conditions, along with specific documentation requirements for phytosanitary certificates.
Commission Delegated Regulation (EU) 2024/2943 of 17 September 2024 amending Delegated Regulation (EU) 2017/117 as regards fisheries conservation measures in the Baltic Sea areas of Fehmarnbelt, Kadetrinne, Westliche Rönnebank, Adlergrund and Pommersche Bucht mit Oderbank
This Delegated Regulation amends the existing fisheries conservation measures in certain protected areas of the Baltic Sea, specifically in the German Exclusive Economic Zone. The act establishes new restrictions on fishing activities to protect sandbanks and reef habitats in five Special Areas of Conservation: Fehmarnbelt, Kadetrinne, Westliche Rönnebank, Adlergrund and Pommersche Bucht mit Oderbank.The regulation’s structure includes:
- Definitions of mobile bottom contacting gear and restricted areas (Areas 1 and 2)
- Prohibition of specific fishing activities in designated zones
- Rules for vessel transit through restricted areas
- Requirements for vessel monitoring systems and control measures
- Detailed geographical coordinates defining the protected areas
Key provisions include:
- Complete prohibition of mobile bottom contacting gears in certain zones to protect seabed structures
- Establishment of 4 nautical-mile alert zones around restricted Areas 2
- Mandatory vessel monitoring systems for fishing vessels, including those under 12 meters length
- Increased frequency of position reporting (every 10 minutes) when entering restricted areas
- Specific rules for transit through protected areas requiring fishing gear to be properly stowed
Commission Implementing Regulation (EU) 2024/2902 of 20 November 2024 laying down implementing technical standards for the application of Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to reporting related to asset-referenced tokens and to e-money tokens denominated in a currency that is not an official currency of a Member State
This is a Commission Implementing Regulation establishing technical standards for reporting requirements related to asset-referenced tokens and e-money tokens under the EU’s crypto-assets regulation (MiCA).The regulation sets detailed rules for how issuers of asset-referenced tokens and e-money tokens must report information to competent authorities regarding:
- Number and location of token holders
- Value of tokens issued and composition of reserve assets
- Transaction data including volume, value and geographic distribution
- Use of tokens as means of exchange within currency areas
Key provisions include:
- Quarterly reporting requirements with specific reference dates and submission deadlines
- Standardized reporting templates and data formats
- Requirements for crypto-asset service providers to provide necessary data to issuers
- Rules on handling personal data of token holders
- Detailed breakdowns of reserve assets by type, counterparty and currency
The regulation contains extensive technical annexes with reporting templates and detailed instructions for completing them. It aims to ensure consistent and comparable reporting of key metrics across the EU crypto-asset market.
Commission Regulation (EU) 2024/2929 of 27 November 2024 correcting the French language version of Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards the concentration levels of some substances
This Regulation is a technical correction to the French language version of Annex XVII to REACH Regulation (EC) No 1907/2006, specifically addressing errors in the concentration levels of certain substances. The corrections apply to entries 68 and 73 of Annex XVII, which were introduced by previous Commission Regulations (EU) 2019/957 and 2021/1297.The structure of the act is straightforward, containing two articles: Article 1 specifically addressing corrections to the French language version, and Article 2 establishing the entry into force of the regulation. The act does not introduce any new provisions but rather corrects technical errors in the existing French text.The main provisions that require attention are:
- The corrections only affect the French language version of the REACH Regulation
- The changes concern concentration levels of substances in entry 68 (points 2, 10, and 11) and entry 73 (points 1 and 4) of Annex XVII
- The regulation maintains the original intent of the provisions while correcting technical errors that affected their substance
Judgment of the General Court (Fifth Chamber, Extended Composition) of 27 November 2024.Nord Stream 2 AG v European Parliament and Council of the European Union.Energy – Internal market in natural gas – Directive (EU) 2019/692 – Amendments to Directive 2009/73/EC – Legal certainty – Equal treatment – Proportionality – Misuse of powers – Procedural irregularities.Case T-526/19 RENV.
This judgment concerns the legality of Directive (EU) 2019/692 which amended Directive 2009/73/EC regarding common rules for the internal natural gas market. The key issue was the extension of EU gas market rules to pipelines between EU Member States and third countries, particularly affecting the Nord Stream 2 pipeline between Russia and Germany.The judgment analyzes several key aspects of the directive:
- The extension of EU gas market rules (unbundling, third-party access, tariff regulation) to pipelines connecting EU states with third countries
- The introduction of a derogation possibility for pipelines completed before May 23, 2019
- The specific impact on Nord Stream 2, which could not benefit from the derogation as it was not completed by the deadline
The Court rejected all claims by Nord Stream 2 AG challenging the directive, finding that:
- The different treatment of completed vs uncompleted pipelines was justified and proportionate
- The directive pursued legitimate objectives of completing the internal gas market and ensuring security of supply
- The legislative process was proper despite lack of specific impact assessment
- There was no misuse of powers even though Nord Stream 2 was particularly affected
The judgment has major implications for regulation of gas imports into the EU, particularly from Russia, by requiring key infrastructure to comply with EU market rules regarding ownership unbundling, third-party access and transparent tariffs.
