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Review of the EU legislation for 09/12/2024

Here’s a review of the four legal acts:

1. Poultry Import Restrictions

The regulation implements new import restrictions on poultry products from Canada and the USA due to avian influenza outbreaks. It establishes 21 new restricted zones (3 in Canada and 18 in the USA) with 10-kilometer radius restrictions around affected facilities. The measures suspend imports of poultry, poultry products, and game birds from these specific areas.

2. Dolphin Protection Measures

The regulation introduces fishing restrictions in the Bay of Biscay to protect dolphins and small cetaceans. It implements a fishing ban from January 22 to February 20, 2025, for vessels over 8 meters using specific gear. The act requires acoustic deterrent devices on certain trawls and mandates monitoring through logbooks and observers, with coverage requirements of 1% year-round and 5% during January-March.

3. Organic Certification Changes

The regulation modifies certification rules for organic imports from third countries. It allows control authorities to continue verifying consignments under old rules until October 15, 2025, if certification under new rules is pending by December 31, 2024. Documentary evidence issued before December 31, 2024, remains valid until expiry but not beyond October 15, 2025.

4. Wine Production Practices

The regulation updates authorized oenological practices in EU wine production. It revises specifications for additives, processing aids, and substances used in winemaking, including new limits for compounds like ascorbic acid and adding powdered cellulose as an authorized substance. The act also modifies requirements for membrane technology, adsorbents, and liqueur wines.

Review of each of legal acts published today:

Commission Implementing Regulation (EU) 2024/3108 of 6 December 2024 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada 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 EU rules regarding the import of poultry, poultry products, and game birds from Canada and the United States due to outbreaks of highly pathogenic avian influenza (HPAI). The regulation establishes new restricted zones and suspends imports from specific affected areas.The regulation modifies two key annexes of Implementing Regulation (EU) 2021/404:

  • Annex V – concerning poultry and germinal products of poultry
  • Annex XIV – concerning fresh meat of poultry and game birds

The main changes include:

  • Addition of three new restricted zones in Canada (CA-2.242 to CA-2.244) covering areas in British Columbia and Alberta where HPAI outbreaks were confirmed
  • Addition of eighteen new restricted zones in the United States (US-2.698 to US-2.715) covering areas in Arizona, California, Illinois, and Utah where HPAI outbreaks were detected
  • Implementation of 10-kilometer radius restriction zones around affected establishments
  • Suspension of entry into the EU of relevant poultry products from these specific zones

The regulation provides detailed geographical coordinates and municipal boundaries for each restricted zone, along with specific categories of products affected by the restrictions. The measures are implemented as urgent protective measures to prevent the spread of HPAI to the European Union.

Commission Delegated Regulation (EU) 2024/3089 of 30 September 2024 amending Regulation (EU) 2019/1241 as regards measures to reduce incidental catches of common dolphin (Delphinus delphis) and other small cetaceans in the Bay of Biscay

This Regulation amends EU Regulation 2019/1241 to introduce new measures for protecting common dolphins and other small cetaceans in the Bay of Biscay. The act aims to reduce incidental catches of these marine mammals through fishing restrictions and monitoring requirements. The changes are based on scientific evidence and recommendations from expert bodies.The Regulation introduces two main types of measures:

  • A fishing prohibition in French waters of ICES Subarea 8 between January 22 and February 20, 2025 for vessels over 8 meters using specific types of fishing gear
  • Mandatory use of acoustic deterrent devices for mid-water pelagic trawls and demersal twin trawls
  • Enhanced monitoring requirements including logbook recording of cetacean catches and observer coverage of fishing activities

Key provisions include:

  • Specific fishing gear restrictions during the closure period (pelagic trawls, demersal pair trawls, purse seines, gillnets, trammel nets)
  • Mandatory recording of all incidental catches of dolphins and small cetaceans in fishing logbooks
  • Minimum observer coverage requirements (1% year-round for certain gear types, increased to 5% January-March)
  • Option for electronic monitoring systems with cameras
  • Data collection and sharing requirements between Member States
  • Measures to ensure compliance with data protection rules when using camera monitoring

Commission Delegated Regulation (EU) 2024/3095 of 29 July 2024 amending Delegated Regulation (EU) 2021/1698 as regards the certification of certain operators and groups of operators in third countries and the controls performed by control authorities and control bodies on their organic products

This Regulation amends the rules for certification of organic operators and products from third countries importing to the EU. It introduces transitional provisions for the period when the EU switches from the equivalence regime to the compliance regime in organic certification, addressing potential disruptions in organic trade with third countries.The act introduces a new Article 30a to Regulation (EU) 2021/1698, which establishes derogations for pending certifications of operators in third countries. The main change is allowing control authorities to continue verifying consignments against the old rules (Regulation 834/2007) until October 15, 2025, if certification under new rules is pending by December 31, 2024.Key provisions include:
– Documentary evidence issued before December 31, 2024, remains valid until its expiry date but not beyond October 15, 2025
– Control authorities can issue certificates of inspection based on verification against old rules during the transition period
– References to compliance with Regulation 2018/848 shall be understood as references to rules under Article 33(1) of Regulation 834/2007 for operators with pending certification
– The derogation applies only to operators whose certification under the compliance regime is pending on December 31, 2024

Commission Delegated Regulation (EU) 2024/3085 of 30 September 2024 amending Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards authorised oenological practices

This is a Commission Delegated Regulation amending Regulation (EU) 2019/934 regarding authorized oenological practices in wine production. The key aspects include:1. The regulation updates and clarifies the list of authorized oenological practices and processes that can be used in wine production in the EU, including heat treatments, cold treatments, filtration, stabilization etc.2. It modifies the conditions and specifications for using various additives, processing aids and substances in winemaking, such as:- Updating specifications for enzymes, tannins and other compounds- Clarifying supervision requirements for certain practices- Modifying maximum limits for substances like ascorbic acid- Adding new authorized substances like powdered cellulose3. The regulation makes technical amendments regarding:- Treatment of wines using membrane technology and adsorbents- Specifications for substances used in oenological practices- Requirements for liqueur wines, including alcohol content derogations- Lists of protected designation of origin wines that can benefit from certain derogationsThe regulation aims to align EU wine legislation with international standards, particularly those of the International Organisation of Vine and Wine (OIV), while ensuring product quality and safety. It provides detailed technical specifications and conditions for the use of various practices and substances in winemaking.

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