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Review of the EU legislation for 07/12/2024

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

1. Information System for Deforestation Regulation

Creates an EU-wide system within TRACES platform to track commodities linked to deforestation. Operators must submit Due Diligence Statements that undergo automated risk profiling. The system includes 72-hour amendment windows and 10-year data storage requirements.

2. Carbon Removals Certification Framework

Establishes voluntary certification for carbon removals and farming. Requires permanent storage for centuries, minimum 35-year storage for products, and third-party verification. Includes Union registry by 2028 and specific sustainability criteria for different carbon removal activities.

3. Environmental Economic Accounts Amendment

Adds three new modules to EU environmental accounting: forest accounts, environmental subsidies tracking, and ecosystem accounts. Introduces new reporting requirements starting 2023/2024 with specific deadlines and indicators for each module.

4. European Statistics Modernization

Updates framework for European statistics, enabling access to private data for statistical purposes. Introduces crisis response mechanisms and new rules for data sharing between statistical authorities. Includes provisions for experimental statistics and enhanced confidentiality measures.

5. Maritime Accident Investigation Directive

Updates framework for maritime accident investigations with mandatory investigation requirements for serious casualties. Introduces preliminary assessments for small fishing vessels and strengthens investigation authorities’ independence. Implementation deadline: June 2027.

6. EU-UK Social Security Coordination

Modifies social security coordination between EU and UK, updating provisions for disability payments, care benefits, and invalidity benefits. Includes specific changes for multiple countries’ social welfare systems and civil servants’ schemes.

Review of each of legal acts published today:

Commission Implementing Regulation (EU) 2024/3084 of 4 December 2024 on the functioning of the information system pursuant to Regulation (EU) 2023/1115 of the European Parliament and of the Council on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation

This Regulation establishes rules for the functioning of the Information System designed to minimize the EU’s contribution to deforestation through due diligence obligations on operators and traders. The system will facilitate the submission and management of Due Diligence Statements and information exchange between competent authorities regarding commodities and products associated with deforestation.The Regulation consists of 5 chapters covering general provisions, system functioning, responsibilities, data processing/security, and final provisions. It details how operators submit statements, how authorities conduct risk profiling, and how reference numbers are assigned.Key provisions include:

  • The Information System will be developed as part of the TRACES platform and maintained by the Commission
  • Due Diligence Statements can be amended within 72 hours of submission, with some exceptions
  • Automated risk profiling will be conducted on all statements
  • Personal data will be stored for 10 years and processed only as necessary for implementation
  • Strict data protection and security measures must be followed by all system users
  • The system will be available in all EU official languages

The Regulation provides detailed technical and operational requirements for the system’s functioning, focusing on data submission, processing, access rights, and security measures. It establishes clear roles and responsibilities for operators, authorities and the Commission in using and maintaining the system.

Regulation (EU) 2024/3012 of the European Parliament and of the Council of 27 November 2024 establishing a Union certification framework for permanent carbon removals, carbon farming and carbon storage in products

This Regulation establishes a voluntary Union certification framework for permanent carbon removals, carbon farming and carbon storage in products. It aims to facilitate and encourage high-quality carbon removals and soil emission reductions while ensuring environmental integrity and transparency.The Regulation creates a comprehensive framework with three main components:

  • Quality criteria for carbon removal activities, including quantification methods, additionality requirements, storage monitoring rules, and sustainability criteria
  • Certification process through independent third-party verification by accredited certification bodies
  • Governance system with certification schemes recognized by the European Commission and a Union registry to track certified carbon removal units

Key provisions include:

  • Detailed methodologies for quantifying net carbon removal benefits and soil emission reductions
  • Requirements for permanent carbon storage of several centuries and minimum 35-year storage for products
  • Mandatory sustainability criteria including no significant environmental harm and biodiversity co-benefits for carbon farming
  • Establishment of a Union registry by 2028 to ensure transparency and avoid double counting
  • Recognition process for certification schemes and accreditation requirements for certification bodies
  • Regular review and reporting requirements to ensure effectiveness

The Regulation is particularly relevant for activities like geological carbon storage, carbon farming practices, agroforestry, peatland restoration, and carbon storage in wood products. It aims to scale up carbon removals while maintaining high environmental standards and avoiding greenwashing.

Regulation (EU) 2024/3024 of the European Parliament and of the Council of 27 November 2024 amending Regulation (EU) No 691/2011 as regards introducing new environmental economic account modules (Text with EEA relevance)

This Regulation amends Regulation (EU) No 691/2011 on European environmental economic accounts by introducing three new environmental economic account modules:1. Forest accounts – to record data on forest resources and economic activity in forestry/logging industry2. Environmental subsidies and similar transfers accounts – to track government payments supporting environmental protection3. Ecosystem accounts – to measure the extent and condition of ecosystems and their services to society/economy

Structure and Main Provisions:

  • The Regulation contains 3 articles and adds 3 new detailed annexes (VII-IX) specifying requirements for each new module
  • Key changes include:
    • New reporting requirements for forest resources, environmental subsidies, and ecosystem services data
    • Creation of an Environmental Economic Account Statistical Data Portal by end of 2024
    • Updated references from EU-28 to EU-27 and ESA 95 to ESA 2010
    • New provisions for Commission to produce EU-level estimates when country data is incomplete

Key Implementation Details:

  • First reference year is 2023/2024 depending on the module
  • Annual or triennial reporting requirements with 21-24 month transmission deadlines
  • 2-year maximum transitional period for implementation
  • Detailed methodological guidance to be published in a handbook
  • Financial support available to Member States through Single Market Programme
  • Specific reporting templates and indicators defined for each module

Regulation (EU) 2024/3018 of the European Parliament and of the Council of 27 November 2024 amending Regulation (EC) No 223/2009 on European statistics (Text with EEA relevance)

This regulation amends Regulation (EC) No 223/2009 on European statistics to modernize and strengthen the European Statistical System (ESS) framework. Here are the key aspects:The regulation introduces new provisions for statistical response to crisis situations, allowing the Commission (Eurostat) to undertake urgent statistical actions when necessary to respond to emergencies. It establishes procedures for Member States to voluntarily participate in such urgent statistical actions with agreed timeframes and quality requirements.The regulation creates a framework for accessing privately held data for statistical purposes. It gives National Statistical Institutes (NSIs) and Eurostat the right to request data from private holders when strictly necessary for European statistics. The regulation sets out procedures for such requests, including compensation mechanisms and enforcement measures including potential fines for non-compliance.Key provisions include:

  • New definitions of data-related concepts like ‘data holder’, ‘data source’, and ‘data access’
  • Rules for data sharing between statistical authorities within the ESS and with the European System of Central Banks
  • Framework for developing new experimental statistics and statistics under development
  • Strengthened provisions on statistical confidentiality and data protection
  • Enhanced role for NSIs in national data governance frameworks
  • New rules on access to confidential data for research purposes

The regulation aims to modernize European statistics by enabling better use of new data sources while maintaining high quality standards and statistical principles. It balances the need for timely statistics with data protection and confidentiality requirements.

Commission Implementing Regulation (EU) 2024/3020 of 29 November 2024 concerning the classification of certain goods in the Combined Nomenclature

This Commission Implementing Regulation concerns the classification of specific goods, namely pipette tips, in the Combined Nomenclature (CN) of the European Union for customs purposes. The regulation provides clarity on how these laboratory items should be classified for tariff purposes.The regulation consists of three articles and an annex. Article 1 establishes the classification of the goods as described in the annex, Article 2 provides a three-month transition period for existing binding tariff information, and Article 3 sets the entry into force. The annex contains a detailed description of the goods (pipette tips), their classification code (3926 90 97), and the reasoning behind this classification.The key provisions include:

  • The specific classification of polypropylene pipette tips under CN code 3926 90 97 as ‘other articles of plastics’
  • The explanation that despite being used with pipetting apparatus, these items cannot be classified as machine parts due to their disposable nature
  • A three-month grace period for existing binding tariff information that doesn’t conform to this new classification
  • The classification is based on the material composition (plastic) rather than the intended use with specific laboratory equipment

Directive (EU) 2024/3017 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/18/EC of the European Parliament and of the Council establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and repealing Commission Regulation (EU) No 1286/2011 (Text with EEA relevance)

This Directive amends Directive 2009/18/EC which establishes fundamental principles for investigating accidents in maritime transport. The key aspects include:The Directive updates and modernizes the framework for maritime accident investigations by incorporating recent changes in international maritime law and technological developments. It aims to improve maritime safety and protect the marine environment through better accident investigations.The main structural changes include new definitions aligned with IMO standards, clarified obligations for investigating accidents, enhanced provisions for investigative authorities’ independence and capabilities, and updated requirements for accident reporting and data sharing.Key provisions include:

  • Mandatory investigation of very serious marine casualties
  • New preliminary assessment requirement for accidents involving fishing vessels under 15 meters
  • Enhanced independence and resources for investigation authorities
  • Strengthened cooperation framework between Member States
  • Updated confidentiality and data protection requirements
  • New training and operational support mechanisms
  • Modernized accident reporting and database requirements

The Directive repeals Commission Regulation 1286/2011 and requires Member States to transpose it by June 27, 2027. It provides more detailed and structured requirements for maritime accident investigations while maintaining focus on learning lessons to prevent future accidents rather than determining liability.

Decision No 1/2024 of the Specialised Committee on Social Security Coordination established by Article 8(1)(P) of 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 8 November 2024 as regards the amendment of certain Annexes to the Protocol on Social Security Coordination [2024/3002]

This Decision amends several annexes to the Protocol on Social Security Coordination between the EU and UK, updating the provisions on social security benefits and their coordination between these jurisdictions.The Decision introduces changes to five annexes (SSC-1, SSC-3, SSC-4, SSC-5, and SSC-6) of the Protocol, primarily focusing on updating lists of special non-contributory cash benefits, legislation concerning special benefits for civil servants, and provisions related to invalidity benefits.The main modifications include:

  • Addition of new disability payments and carer support benefits in Scotland
  • Updates to German citizen’s benefits and Portuguese pension regulations
  • Extensive revisions to Croatian social welfare benefits
  • Comprehensive updates to Danish social services provisions
  • New provisions for determining invalidity benefits in Germany, Luxembourg, Malta, Slovenia, and Spain

Key provisions worth noting:

  • The amendments reflect changes in national legislation of both EU Member States and the UK
  • Special attention is paid to disability assistance, care allowances, and social welfare benefits
  • The changes include detailed provisions for civil servants’ special schemes
  • New rules are introduced for calculating invalidity benefits in several countries
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