Anti-dumping Duties on Indian Optical Fiber Cables
The EU has imposed anti-dumping duties ranging from 6.9% to 11.4% on optical fiber cables imported from India, except for the HFCL Group. The measure requires valid commercial invoices and mandatory reporting of cable-km measurements for imports.
Maritime Flag State Requirements Update
The EU has updated requirements for maritime flag states, mandating quality management systems by 2028, creating a ship information database by 2030, and requiring flag state inspections every 5 years. The directive sets new standards for surveyors and inspectors qualifications.
Port State Control System Modernization
The EU has modernized its port state control system by including new international conventions (Ballast Water, Wreck Removal, Ship Recycling), introducing a voluntary inspection system for fishing vessels over 24m, and requiring quality management certification for control authorities by 2032.
EU Air Safety List Update
The regulation adds Air Tanzania to the list of banned carriers and maintains restrictions on carriers from Armenia, Iraq, and Kyrgyzstan. It includes provisions for monitoring compliance through ramp inspections and safety assessments.
Customs Classification for Beanbag Shell
The EU has classified rectangular textile articles designed as beanbag shells under CN code 6307 90 98 as ‘other made-up article of textile fabrics’, providing specific technical specifications for the 185cm × 132cm polyester fabric item.
Plant Health Protection Updates
The regulation creates a Union Plant Health Emergency Team, extends multiannual survey programmes to 5-10 years, and establishes new procedures for temporary import derogations lasting up to 5 years. It includes electronic notification systems for pest outbreaks.
Ship-source Pollution Penalties
The EU has introduced administrative penalties for ship-source pollution, covering sewage, garbage, and harmful substances. It requires member states to verify 25% of pollution alerts and establishes confidential reporting channels for violations.
Cosmetic Wipes Classification Change
Review of each of legal acts published today:
Commission Implementing Regulation (EU) 2024/3014 of 13 December 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of optical fibre cables originating in India
This Commission Implementing Regulation imposes definitive anti-dumping duties on imports of optical fibre cables (OFC) originating from India. The regulation follows an investigation that found evidence of dumping practices causing material injury to the EU industry. The duties aim to prevent further injury to EU producers while maintaining fair market competition.The regulation’s structure includes:
- Investigation procedure details and provisional measures
- Product scope definition and dumping margin calculations
- Injury analysis and causation assessment
- Union interest considerations
- Definitive measures implementation
Key provisions include:
- Definitive anti-dumping duties ranging from 6.9% to 11.4% for different Indian producers
- Exclusion of HFCL Group from duties as no dumping was found
- Requirements for valid commercial invoices to apply individual duty rates
- Mandatory reporting of cable-km measurements for imports
- Definitive collection of provisional duties previously imposed
- Possibility for new exporters to request individual duty rates under certain conditions
Directive (EU) 2024/3100 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/21/EC on compliance with flag State requirements (Text with EEA relevance)
This Directive amends Directive 2009/21/EC on compliance with flag State requirements, focusing on maritime safety and prevention of pollution from ships. The act aims to ensure that Member States effectively discharge their responsibilities as flag States and enhance safety and working conditions on ships flying EU Member States’ flags.The Directive introduces several key changes to the existing framework:
- Establishes new requirements for flag State surveyors and inspectors, including their qualifications and independence
- Mandates implementation of quality management systems for maritime administrations by 2028
- Creates new electronic information systems including a ship information database by 2030
- Introduces mandatory flag State inspections at least every 5 years
- Sets requirements for training and capacity building of personnel
Key provisions include:
- Detailed requirements for flag State inspections using risk-based approach or regular procedures
- Mandatory quality management system certification according to ISO standards
- Creation of digital interoperable portal for ship information by 2028
- New reporting requirements for Member States with low performance ratings
- Exchange of best practices between Member States’ administrations
- Possibility for certain exemptions for Member States without relevant ships
Directive (EU) 2024/3099 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/16/EC on port State control (Text with EEA relevance)
The Directive 2024/3099 amends the existing EU port State control system established by Directive 2009/16/EC. Here are the key aspects:The Directive updates and modernizes the port State control system in the EU by incorporating new international conventions, improving ship risk assessment methods, and enhancing inspection procedures. It aims to ensure ships calling at EU ports comply with international standards on safety, environmental protection, and working conditions.The main structural changes include:- Adding new international conventions to the scope (Ballast Water Management Convention, Nairobi Convention on Wreck Removal, Hong Kong Convention on Ship Recycling)- Establishing a separate voluntary system for inspection of fishing vessels over 24 meters- Updating the ship risk profile system to better reflect environmental performance- Introducing new provisions on electronic certificates and quality management systems for port State control authoritiesKey provisions that are most important for implementation:- New risk parameters for determining ship inspections, with greater emphasis on environmental compliance- More flexible inspection scheduling system allowing postponement of inspections under certain conditions- Enhanced training requirements for port State control officers- Mandatory quality management system certification for port State control administrations by 2032- New procedures for refusing access to EU ports for ships with poor safety records- Updated requirements for inspection databases and information sharing between authorities
Commission Implementing Regulation (EU) 2024/3137 of 13 December 2024 amending Regulation (EC) No 474/2006 as regards the list of air carriers banned from operating or subject to operational restrictions within the Union
This Commission Implementing Regulation amends Regulation (EC) No 474/2006 regarding the list of air carriers that are banned from operating or subject to operational restrictions within the European Union.The regulation updates the EU Air Safety List based on safety assessments of civil aviation authorities and air carriers from various countries including Armenia, Iraq, Kyrgyzstan, Pakistan, Suriname and Tanzania. It evaluates their compliance with international aviation safety standards.The key changes include adding Air Tanzania to Annex A (banned carriers list) due to safety deficiencies, while maintaining existing restrictions on carriers from other countries like Armenia, Iraq and Kyrgyzstan pending further improvements in their safety oversight systems.
Main provisions:
- Detailed assessment of safety oversight capabilities of civil aviation authorities in Armenia, Iraq, Kyrgyzstan, Pakistan, Suriname and Tanzania
- Evaluation of corrective actions taken by these authorities to address previously identified safety deficiencies
- Analysis of technical meetings and consultations with aviation authorities regarding their progress in implementing safety standards
- Updates to Annexes A and B listing banned carriers and those subject to operational restrictions
- Requirements for continued monitoring and verification of safety compliance through ramp inspections
Key aspects for implementation:
- Immediate application of updated operating bans and restrictions upon publication
- Continued verification of carrier compliance through prioritized ramp inspections
- Regular assessment of progress made by aviation authorities in addressing safety deficiencies
- Provisions for technical assistance to help countries improve their safety oversight capabilities
- Clear criteria for evaluating future changes to operating restrictions based on demonstrated safety improvements
Commission Implementing Regulation (EU) 2024/3133 of 9 December 2024 concerning the classification of certain goods in the Combined Nomenclature
This Commission Implementing Regulation concerns the classification of specific goods in the Combined Nomenclature (CN) of the European Union. It specifically addresses the classification of a rectangular textile article designed as a shell for a giant cushion (beanbag) under the EU’s customs classification system.The Regulation consists of three main 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 provision. The annex contains a detailed technical description of the goods, their classification code, and the reasoning behind the classification.The key provisions include:
- Detailed technical specifications of the rectangular article (185 cm × 132 cm) made of polyester fabric
- Classification of the unfilled shell under CN code 6307 90 98 as ‘other made-up article of textile fabrics’
- Explanation why the article cannot be classified as a complete cushion (9404) or bed linen (6302)
- Description of specific features like metal eyelets, adjustable straps, and zip opening
- Three-month transition period for existing binding tariff information that doesn’t conform to this regulation
Regulation (EU) 2024/3115 of the European Parliament and of the Council of 27 November 2024 amending Regulation (EU) 2016/2031 as regards multiannual survey programmes, notifications concerning the presence of regulated non-quarantine pests, temporary derogations from import prohibitions and special import requirements and establishment of procedures for granting them, temporary import requirements for high-risk plants, plant products and other objects, the establishment of procedures for the listing of high-risk plants, the content of phytosanitary certificates and the use of plant passports, and as regards certain reporting requirements for demarcated areas and surveys of pests and amending Regulation (EU) 2017/625 as regards certain notifications of non-compliance
This regulation amends two key EU regulations – Regulation (EU) 2016/2031 on plant health protective measures and Regulation (EU) 2017/625 on official controls. The main purpose is to improve and streamline plant health protection procedures and requirements.The regulation introduces several significant changes to the existing framework, including the creation of a Union Plant Health Emergency Team, modifications to notification and reporting requirements, and new rules for temporary derogations from import prohibitions. It also updates provisions regarding phytosanitary certificates and plant passports.The key structural changes include:
- Streamlining notification procedures for demarcated areas and pest outbreaks
- Extending the period for multiannual survey programmes from 5-7 years to 5-10 years
- Creating new procedures for temporary import derogations
- Modifying requirements for phytosanitary certificates and plant passports
- Establishing an electronic system for notifications and reports
The main provisions that are most important for implementation include:
- Immediate notification requirements through electronic systems for pest outbreaks and demarcated areas
- New procedures for granting temporary derogations from import prohibitions with a maximum 5-year duration
- Creation of the Plant Health Emergency Team to provide urgent assistance to Member States
- Modified rules for attaching plant passports to trade units when physical attachment is impractical
- Updated requirements for phytosanitary certificates regarding regulated non-quarantine pests
Directive (EU) 2024/3101 of the European Parliament and of the Council of 27 November 2024 amending Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements (Text with EEA relevance)
This Directive amends Directive 2005/35/EC on ship-source pollution and introduces a comprehensive system of administrative penalties for pollution offences from ships. The act aims to incorporate international standards on pollution from ships into EU law and ensure effective penalties for illegal discharges of polluting substances.The Directive expands the scope of regulated polluting substances to include sewage, garbage, harmful substances in packaged form, and exhaust gas cleaning system residue. It establishes a harmonized system of administrative penalties across EU member states, focusing on fines imposed on shipping companies responsible for violations.Key provisions include:
- Introduction of administrative penalties that must be effective, proportionate and dissuasive, including mandatory fines for companies responsible for violations
- Enhanced monitoring and information sharing through the CleanSeaNet satellite detection system and other EU maritime databases
- New requirements for member states to verify at least 25% of high-confidence pollution alerts
- Establishment of a confidential reporting channel for potential violations
- Mandatory reporting by member states on enforcement actions and penalties imposed
- Protection measures for persons reporting violations
- Requirements for public disclosure of information about pollution incidents and enforcement actions
The Directive provides detailed criteria for determining penalties, including factors like the nature and gravity of the discharge, damage caused, financial capacity of the violator, and any previous infractions. It also establishes mechanisms for cooperation between member states in detecting and investigating pollution incidents.
Commission Implementing Regulation (EU) 2024/3126 of 9 December 2024 repealing Implementing Regulation (EU) No 385/2013 concerning the classification of certain goods in the Combined Nomenclature
This Commission Implementing Regulation repeals the previous classification of cosmetic wipes in the Combined Nomenclature of the EU. The act addresses the classification of specific cosmetic products for customs purposes, particularly focusing on impregnated wipes used for facial cleansing and makeup removal.The regulation consists of two main articles: Article 1 repealing the previous Implementing Regulation (EU) No 385/2013, and Article 2 establishing the entry into force provision. The change was necessitated by the World Customs Organization’s Harmonized System Committee decision in March 2024, which classified similar products differently than the EU’s previous approach.The key provisions relate to the reclassification of cosmetic wipes. Previously, these products were classified under CN code 3304 99 00 as ‘preparations for the care of the skin.’ However, following the WCO’s classification opinion 3307.90/4, similar products should now be classified under CN code 3307 90 00, based on Note 4 to Chapter 33 of the Combined Nomenclature. This change affects products such as facial wipes containing moisturizing agents and surface-active agents, used for makeup removal and skin care.
