Review of the EU legislation for 02/12/2024

Here’s a concise review of the key legal acts:

1. A regulation changing Tomato brown rugose fruit virus status from quarantine to regulated non-quarantine pest, introducing mandatory testing requirements for seeds and plants, with different control frequencies for imports (20% general, 50% Israel, 100% China).
2. A regulation establishing three EU reference laboratories for food safety: one for bacteria (Denmark), one for helminths and protozoa (Italy), and one for viruses (Norway), operating until 2031.
3. A regulation extending fishing derogation for 116 small vessels in Italy (Tuscany and Liguria) to catch transparent goby closer to coast than normally allowed, valid from November 2024 to March 2027.
4. A regulation approving boric acid with didecylamine and ethylene oxide as wood preservative for 10 years (2026-2036), with strict industrial application conditions and environmental protection measures.
5. A regulation updating aircraft safety requirements, introducing new standards for helicopter fuel systems, cargo fire protection, and aging aircraft maintenance, with implementation deadlines between 2024-2039.
6. A regulation registering Greek ‘ΤΣΑΛΑΦΟΥΤΙ / TSALAFOUTI’ as Protected Designation of Origin.
7. A directive updating technical protocols for testing agricultural and vegetable varieties, with new requirements for various plants including potato, safflower, and tomato rootstocks.
8. A regulation establishing monitoring indicators for product safety, requiring Member States to report on surveillance activities, resources, and enforcement measures from 2026.
9. A regulation approving amendments to ‘Hierbas Ibicencas’ geographical indication specification.
10. A regulation extending fishing exemptions in western Mediterranean until 2027 for Venus shells and Norway lobster, adding new 1% discard allowance for deep-water shrimps.
11. A regulation registering Turkish ‘Gaziantep Menengiç Kahvesi’ as Protected Designation of Origin.
12. A regulation establishing reporting templates for large multinational companies’ income tax information, applicable from 2025.
13. A regulation setting standards for financial entities to maintain registers of ICT service providers, including templates and data formats.

Review of each of legal acts published today:

Commission Implementing Regulation (EU) 2024/2970 of 29 November 2024 amending Implementing Regulation (EU) 2019/2072 as regards measures to prevent the presence of the Tomato brown rugose fruit virus on plants for planting of Solanum lycopersicum L. and hybrids thereof and of Capsicum annuum L., and establishing the frequency rates of official controls

This Regulation establishes new measures to prevent the presence of the Tomato brown rugose fruit virus (ToBRFV) on tomato and pepper plants in the EU. The act changes the status of ToBRFV from a quarantine pest to a regulated non-quarantine pest due to its wide spread within the EU territory. It sets specific requirements for seeds and plants for planting of tomatoes and peppers to prevent virus transmission.The Regulation amends several annexes of Implementing Regulation (EU) 2019/2072. The main changes include adding ToBRFV to the list of regulated non-quarantine pests with a zero tolerance threshold, establishing requirements for seeds and plants certification, and setting specific control frequencies for imports from different countries. The act also introduces exemptions for pepper varieties that are proven to be resistant to the virus.Key provisions include:

• Mandatory testing of seeds and plants, unless they originate from countries officially declared free from ToBRFV
• Special provisions for small seed lots from 30 or fewer mother plants
• Different control frequencies for imports: 20% for most countries, 50% for Israel, and 100% for China
• Requirements for phytosanitary certificates and plant passports
• Specific hygiene conditions for plant maintenance

Commission Implementing Regulation (EU) 2024/2959 of 29 November 2024 designating European Union reference laboratories for public health on food- and water-borne bacteria; on food-, water- and vector-borne helminths and protozoa; and on food- and water-borne viruses

This Regulation designates three European Union reference laboratories (EURLs) in the field of public health, focusing on different types of pathogens that can cause diseases through food and water. The laboratories are established as consortiums of leading research institutions from different EU countries and will operate until December 2031.The Regulation establishes three distinct reference laboratories:

• EURL for food- and water-borne bacteria (led by Denmark’s Statens Serum Institut)
• EURL for food-, water- and vector-borne helminths and protozoa (led by Italy’s Istituto Superiore di Sanità)
• EURL for food- and water-borne viruses (led by Norway’s Institute of Public Health)

Each laboratory has specific responsibilities and tasks detailed in corresponding annexes, including:

• Providing reference testing and diagnostic services
• Supplying reference materials and quality assessments
• Offering scientific advice and technical assistance
• Organizing training and coordination activities
• Supporting outbreak investigations
• Collaborating with other international health organizations

The laboratories must maintain qualified staff, ensure proper training, and establish confidentiality policies for handling sensitive information. They work closely with the European Centre for Disease Prevention and Control (ECDC) and support national reference laboratories in member states to promote uniform surveillance and reporting of diseases.

Commission Implementing Regulation (EU) 2024/2960 of 29 November 2024 extending a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent goby (Aphia minuta) in certain territorial waters of Italy (Tuscany and Liguria)

This Regulation extends a derogation for boat seines fishing for transparent goby in certain territorial waters of Italy (Tuscany and Liguria). It allows fishing closer to the coast than normally permitted under EU rules, specifically for 116 small fishing vessels in these regions. The derogation will be valid from November 1, 2024 to March 31, 2027.The Regulation consists of three main articles: Article 1 establishes the derogation conditions, Article 2 sets monitoring and reporting requirements, and Article 3 defines the period of application. The act extends previous derogations that have been in place since 2011, with the last one having expired on March 31, 2024.Key provisions include:
– The derogation applies only to vessels registered in maritime directorates of Genoa and Livorno
– Vessels must have at least 5 years of fishing history
– Total number of vessels is limited to 116 (75 in Liguria and 41 in Tuscany)
– Fishing is limited to a season from November 1 to March 31
– Maximum 60 fishing days per boat per season
– Vessels must be smaller than 14 meters in length
– The fishing activities must not interfere with other vessels’ operations
– Regular monitoring and reporting requirements are established

Commission Implementing Regulation (EU) 2024/2964 of 29 November 2024 approving reaction products of boric acid with didecylamine and ethylene oxide (polymeric betaine) as an existing active substance for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council

This Regulation approves reaction products of boric acid with didecylamine and ethylene oxide (polymeric betaine) as an active substance for use in wood preservatives (biocidal products of product-type 8). The substance is approved for a period of 10 years, from June 1, 2026 to May 31, 2036, subject to specific conditions outlined in the Annex.The Regulation consists of two articles and a detailed Annex. Article 1 establishes the approval of the substance, while Article 2 sets the entry into force. The Annex provides comprehensive technical specifications and conditions for the use of the substance, including its identification details, purity requirements, and specific usage conditions.Key provisions include:

• The substance is classified as a candidate for substitution due to its very persistent and toxic properties
• Strict conditions for industrial application processes, including requirements for contained areas with impermeable surfaces and recovery systems
• Specific attention must be paid to industrial and professional users, as well as environmental protection measures for sewage treatment, surface water, sediment, soil, and groundwater
• Detailed labeling requirements for treated articles and products
• Requirements for assessment of potential residues in food or feed

The regulation establishes comprehensive safety measures for the use of this wood preservative, with particular emphasis on environmental protection and safe handling during industrial applications. It requires specific containment measures during application and storage of treated wood, and mandates proper labeling of treated articles.

Commission Implementing Regulation (EU) 2024/2954 of 29 November 2024 amending Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness requirements

This Commission Implementing Regulation amends Regulation (EU) 2015/640 regarding additional airworthiness requirements for aircraft. The regulation introduces new safety requirements for helicopters and aircraft, particularly focusing on crash-resistant fuel systems, cargo compartment fire protection, and structural integrity programs for aging aircraft.The regulation has a complex structure with multiple sections addressing different aspects of aviation safety:

• Updates to scope and definitions related to aircraft operators and different types of aircraft
• New requirements for crash-resistant fuel systems in helicopters
• Requirements for information about cargo compartment fire protection capabilities
• Modifications to requirements for aging aircraft structures and maintenance programs
• Updates to the list of aircraft models exempt from certain provisions

Key provisions that may be most important for implementation include:

• New crash-resistant fuel system requirements for helicopters with compliance deadlines between 2024-2039 depending on aircraft type and configuration
• Requirements for manufacturers to provide information about cargo compartment fire protection capabilities for aircraft certified after January 1, 2025
• Postponement of the deadline for runway overrun awareness and alerting systems to July 1, 2026
• Updated requirements for maintenance programs and continuing airworthiness of aging aircraft structures
• Exemptions for certain aircraft models from specific requirements based on risk assessment

Commission Implementing Regulation (EU) 2024/2972 of 25 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 (ΤΣΑΛΑΦΟΥΤΙ / TSALAFOUTI (PDO))

This Commission Implementing Regulation concerns the registration of the Greek geographical indication ‘ΤΣΑΛΑΦΟΥΤΙ / TSALAFOUTI’ as a Protected Designation of Origin (PDO) in the EU register of geographical indications. The regulation implements the process of adding this specific product name to the official EU registry that protects unique regional food products.The regulation consists of two main articles. Article 1 formally enters the geographical indication ‘ΤΣΑΛΑΦΟΥΤΙ / TSALAFOUTI’ into the Union register of geographical indications. Article 2 establishes that the regulation becomes effective twenty days after its publication in the Official Journal of the European Union.The regulation follows standard EU procedures for geographical indication registration. Greece submitted the application under the previous Regulation (EU) No 1151/2012, which was published in the Official Journal. No opposition was received during the designated period, leading to the approval of the registration under the new Regulation (EU) 2024/1143.Key aspects of the regulation include:

• The registration is based on the new framework established by Regulation (EU) 2024/1143 for geographical indications
• The application was processed without any opposition from other parties
• The protection applies across all EU Member States
• The registration is permanent unless canceled through specific procedures

Commission Implementing Directive (EU) 2024/2963 of 29 November 2024 amending Directives 2003/90/EC and 2003/91/EC as regards the protocols for the examination of certain varieties of agricultural plant species and vegetable species

This Directive amends the existing regulations regarding the examination protocols for agricultural plant and vegetable species varieties in the European Union. It updates the technical requirements for testing various plant varieties before they can be included in national catalogues.The Directive modifies two previous directives (2003/90/EC and 2003/91/EC) by updating their annexes with new protocols from the Community Plant Variety Office (CPVO) and the International Union for Protection of New Varieties of Plants (UPOV). The changes particularly affect protocols for potato, safflower, cauliflower, sprouting broccoli, Brussels sprouts, kohlrabi, cabbage varieties, watermelon, lettuce, radish, corn salad and tomato rootstocks.The main provisions include:

• Updated technical protocols for examining specific characteristics of plant varieties
• New minimum conditions for variety testing
• Detailed lists of agricultural and vegetable species that must comply with CPVO protocols
• Lists of species that must follow UPOV test guidelines

The Directive sets implementation deadlines for Member States (by May 31, 2025) and establishes that the new rules will apply from June 1, 2025. It includes transitional measures for examinations that started before this date but haven’t been completed.

Commission Implementing Regulation (EU) 2024/2958 of 29 November 2024 determining the output indicators relevant for Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety

This Commission Implementing Regulation establishes specific output indicators for monitoring the implementation of the General Product Safety Regulation (EU) 2023/988. It creates a framework for Member States to report data on their market surveillance activities, resource allocation, and enforcement measures related to product safety in the EU market.The Regulation consists of three main articles and an Annex. Article 1 establishes output indicators, Article 2 sets reporting obligations for Member States starting from December 22, 2026, and Article 3 contains entry into force provisions. The Annex lists six specific output indicators that Member States must report on.The key provisions of the Regulation include:

• Member States must report on resources allocated to market surveillance authorities, including staff and budget
• Data must be provided on the number of consumer complaints, compliance checks, and mutual assistance requests
• Information about corrective actions and penalties imposed on economic operators must be reported
• Member States can provide data in aggregated form and avoid duplicate reporting if information is already available to the Commission through other channels
• The Commission will develop a standardized template for data reporting and will publish annual summary reports

The six output indicators in the Annex cover:

1. Resources allocated to market surveillance
2. Number of consumer complaints
3. Compliance checks performed
4. Mutual assistance requests
5. Corrective actions taken
6. Penalties imposed for infringements

Commission Implementing Regulation (EU) 2024/2973 of 25 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 geographical indication Hierbas Ibicencas

This Regulation approves an amendment to the product specification for ‘Hierbas Ibicencas’, a geographical indication for spirit drinks from Spain. The amendment was processed under the new EU framework for geographical indications established by Regulation (EU) 2024/1143.The Regulation has a simple structure consisting of two articles: Article 1 approves the amendment to the product specification for ‘Hierbas Ibicencas’, while Article 2 sets the standard entry into force provision (twentieth day following publication).The key provisions indicate that:

• The amendment application was originally submitted under the previous regulation (EU) 2019/787
• No opposition was received during the prescribed period under Article 17 of Regulation 2024/1143
• The amendment was automatically approved due to lack of opposition
• The changes will be binding across all EU Member States

Commission Delegated Regulation (EU) 2024/2992 of 26 July 2024 amending Delegated Regulation (EU) 2023/2462 supplementing Regulation (EU) 2019/1022 of the European Parliament and of the Council by specifying details of the landing obligation for certain demersal stocks in the western Mediterranean Sea

This Regulation amends the rules for landing obligations in demersal fisheries (fishing near the bottom of the sea) in the western Mediterranean Sea. It extends and introduces new exemptions from the requirement to land all catches for certain species.The Regulation extends existing survivability exemptions until December 2027 for Venus shells caught with mechanised dredges, and Norway lobster caught with bottom trawls and with pots and traps. It also introduces a new de minimis exemption allowing up to 1% of annual catches of deep-water shrimps (blue, red and giant red shrimps) caught by bottom trawls to be discarded.The structure of the act consists of two main articles. Article 1 amends the previous regulation by adding new exemptions to Article 3 regarding species that can be released back to sea, and adding point (f) to Article 4 introducing the new de minimis exemption for deep-water shrimps. Article 2 sets the validity period from January 2025 to December 2027.Key provisions include:

• Survivability exemptions for Venus shells and Norway lobster caught with specific gear types
• Requirement to immediately release exempted species in the area where they were caught
• 1% de minimis exemption for deep-water shrimps caught by bottom trawls
• Seasonal restrictions for Norway lobster exemption (January to June and September to December)

Commission Implementing Regulation (EU) 2024/2978 of 25 November 2024 on the registration of the geographical indication Gaziantep Menengiç Kahvesi / Gaziantep Melengiç Kahvesi (PDO) in the Union register of geographical indications pursuant to Regulation (EU) 2024/1143 of the European Parliament and of the Council

This Commission Implementing Regulation registers the geographical indication ‘Gaziantep Menengiç Kahvesi / Gaziantep Melengiç Kahvesi’ as a Protected Designation of Origin (PDO) in the EU register of geographical indications. The registration follows an application from Türkiye and ensures protection of this specific product name across the European Union.The regulation consists of two main articles. Article 1 formally enters the geographical indication into the Union register, while Article 2 establishes the standard entry into force provision (twentieth day following publication). The regulation is based on the new framework Regulation (EU) 2024/1143 on geographical indications, which replaced the previous Regulation (EU) No 1151/2012.Key aspects of this regulation include:
– The application was initially processed under the previous regulation (EU) No 1151/2012
– No opposition was received during the prescribed period under Article 17 of the new Regulation 2024/1143
– The registration provides full protection of the name ‘Gaziantep Menengiç Kahvesi / Gaziantep Melengiç Kahvesi’ as a PDO across all EU Member States
– The regulation is binding in its entirety and directly applicable in all Member States

Commission Implementing Regulation (EU) 2024/2952 of 29 November 2024 laying down a common template and electronic reporting formats for the application of Directive 2013/34/EU of the European Parliament and of the Council as regards the information to be presented in reports on income tax information

This Commission Implementing Regulation establishes a common template and electronic reporting formats for reporting income tax information by large multinational companies in the EU. Here are the key points:The Regulation introduces standardized requirements for companies with consolidated revenue exceeding €750 million to report their income tax information. It sets out detailed specifications for how this information should be presented and formatted.The Regulation’s structure includes 6 articles and 4 annexes that specify:

• A common template for reporting tax information with 5 sections covering general information, country-by-country data, list of subsidiaries, omitted information, and explanations
• Technical requirements for electronic reporting using XHTML format and Inline XBRL markup language
• Detailed taxonomy elements and data specifications for consistent reporting

Key provisions that companies must follow include:

• Using standardized formats and templates for presenting information about revenues, profits, taxes paid, employees and other required data on a country-by-country basis
• Following specific technical standards for electronic reporting and data markup
• Providing detailed breakdowns of activities and subsidiaries in each jurisdiction
• Ensuring machine-readability and comparability of reported information
• Applying the requirements starting from financial years beginning on or after January 1, 2025

Commission Implementing Regulation (EU) 2024/2956 of 29 November 2024 laying down implementing technical standards for the application of Regulation (EU) 2022/2554 of the European Parliament and of the Council with regard to standard templates for the register of information

This Implementing Regulation establishes standard templates and formats for maintaining registers of information about ICT third-party service providers by financial entities in the EU.The regulation implements technical standards for documenting contractual arrangements between financial entities and their ICT service providers, as required by the Digital Operational Resilience Act (DORA). It establishes detailed requirements for recording information about service providers, contracts, services provided, and risk assessments.The key structural elements include:

• Standard templates for recording information about financial entities, service providers, contractual arrangements, and ICT services
• Requirements for unique identifiers and consistent data formats across templates
• Detailed instructions for completing each template field
• Classifications of ICT services and activities by type of financial entity

The main provisions require financial entities to:

• Maintain detailed records of all ICT service providers and contractual arrangements
• Use standardized formats and identifiers for consistency
• Record information about service criticality, risks, and contingency plans
• Document the full ICT service supply chain including subcontractors
• Regularly review and update the register information
• Ensure data quality principles like accuracy and completeness

The regulation is highly relevant for Ukrainian financial institutions operating in or planning to operate in the EU market, as they will need to comply with these detailed technical requirements for documenting their ICT service arrangements.