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Review of the EU legislation for 08/01/2025

Here’s a review of the legal acts:
1. Non-Road Mobile Machinery Regulation:
Creates EU-wide rules for approving work machinery that travels on public roads. Covers vehicles moving 6-40 km/h, setting requirements for safety features and establishing approval procedures. Manufacturers must provide conformity certificates. Implementation starts 2028 with transition until 2036.
2. First API Data Collection Regulation:
Sets up EU system for airlines to share advance passenger information with law enforcement. Creates central data router managed by eu-LISA. Requires automated collection of passenger data with penalties up to 2% of turnover for violations. Implementation from 2027 for API data and 2029 for PNR data.
3. Second API Data Collection Regulation:
Establishes system for airlines to share passenger information with border authorities through centralized router. Requires automated collection of travel document data at check-in and after flights. Sets 48-hour maximum data retention and includes penalties up to 2% of turnover for non-compliance.
4. Solvency II Amendment:
Updates insurance regulation framework with new proportionality measures for small insurers, enhanced supervision requirements, and provisions for sustainability risks. Modifies technical provisions calculation and introduces climate change scenario analysis requirements.
5. Insurance Recovery and Resolution Directive:
Creates framework for handling failing insurance companies. Introduces tools for authorities to intervene early and resolve insurers while protecting policyholders. Includes requirements for recovery planning and cross-border cooperation mechanisms.
6. Wildlife Trade Regulation:
Updates restrictions on importing certain wild fauna and flora species into EU. Removes import restrictions for specific species from Cameroon, Equatorial Guinea, Madagascar, and Indonesia. Lists prohibited specimens by species classification with specific source and country restrictions.

Review of each of legal acts published today:

Regulation (EU) 2025/14 of the European Parliament and of the Council of 19 December 2024 on the approval and market surveillance of non-road mobile machinery circulating on public roads and amending Regulation (EU) 2019/1020 (Text with EEA relevance)

This Regulation establishes a harmonized EU framework for type-approval and market surveillance of non-road mobile machinery intended to circulate on public roads. It sets technical requirements and procedures for approving self-propelled mobile machinery designed for work purposes that needs to travel on roads between work sites.The Regulation’s structure includes chapters on: scope and definitions, obligations of various parties (manufacturers, importers, distributors, etc.), EU type-approval procedures, conformity assessment, market surveillance, and technical services. It establishes both type-approval for series production and individual approval pathways.Key provisions include:

  • Applies to machinery with speeds between 6-40 km/h intended for road use
  • Sets requirements for vehicle safety features like braking, steering, visibility, lighting
  • Establishes procedures for type-approval testing and conformity of production
  • Requires manufacturers to issue certificates of conformity and statutory plates
  • Creates system for market surveillance and corrective actions
  • Defines roles and requirements for technical testing services

The Regulation will apply from January 29, 2028, with a transitional period until 2036 during which manufacturers can choose between EU or national approval systems. It aims to ensure road safety while facilitating the internal market for this category of machinery.

Regulation (EU) 2025/13 of the European Parliament and of the Council of 19 December 2024 on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818

This Regulation establishes a new EU-wide system for collecting and transferring advance passenger information (API) from air carriers to law enforcement authorities for preventing and investigating terrorist offences and serious crime. It creates a centralized router managed by eu-LISA to facilitate secure data transfer between airlines and national Passenger Information Units (PIUs).The Regulation has 9 chapters covering: general provisions, data collection and transfer rules, router operations, data protection, governance structure, supervision and penalties. Key structural elements include detailed requirements for automated collection of passenger data, strict data protection safeguards, and establishment of national supervision authorities.The main provisions include:
– Mandatory automated collection of specific API data elements by airlines
– Creation of a central EU router for secure data transmission
– Strict data protection requirements and safeguards
– Establishment of national API supervision authorities
– Penalties of up to 2% of global turnover for serious violations
– Regular evaluation and reporting requirements
– Selective approach for intra-EU flights based on risk assessmentThe Regulation will apply from 2027 for API data and 2029 for PNR data, with some provisions applying earlier to enable system development. It complements existing EU rules on passenger name records (PNR) while establishing a distinct legal framework specifically for API data collection and transfer.

Regulation (EU) 2025/12 of the European Parliament and of the Council of 19 December 2024 on the collection and transfer of advance passenger information for enhancing and facilitating external border checks, amending Regulations (EU) 2018/1726 and (EU) 2019/817, and repealing Council Directive 2004/82/EC

This Regulation establishes a new EU-wide system for collecting and transferring advance passenger information (API) from air carriers to border authorities. It creates a centralized router managed by eu-LISA to facilitate secure data transmission and sets uniform requirements for airlines regarding passenger data collection and transfer. The Regulation aims to enhance and facilitate external border checks while ensuring data protection and fundamental rights.The Regulation’s structure includes:

  • General provisions defining scope and key terms
  • Rules on collection, transfer, storage and deletion of API data
  • Technical provisions for the centralized router system
  • Data protection and security requirements
  • Governance framework and supervision mechanisms
  • Penalties for non-compliance
  • Relationship to other EU instruments

Key provisions include:

  • Mandatory automated collection of machine-readable travel document data by airlines
  • Transfer of API data at check-in and after flight closure through the centralized router
  • 48-hour maximum retention period for API data
  • Strict purpose limitation for border control and immigration purposes
  • Financial penalties up to 2% of annual turnover for repeated non-compliance
  • Designation of national supervision authorities
  • Regular evaluation and reporting requirements
  • Detailed data protection safeguards and security measures

Directive (EU) 2025/2 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/138/EC as regards proportionality, quality of supervision, reporting, long-term guarantee measures, macro-prudential tools, sustainability risks and group and cross-border supervision, and amending Directives 2002/87/EC and 2013/34/EU (Text with EEA relevance)

This is a comprehensive amendment to the Solvency II Directive (2009/138/EC) that introduces significant changes to the insurance regulatory framework in the EU. Here are the key aspects:The essence of the act in 3-5 sentences:
This Directive makes major updates to Solvency II rules for insurance and reinsurance companies to better reflect long-term business nature, improve risk management, enhance supervision quality and strengthen macroprudential oversight. It introduces new proportionality measures for small and non-complex insurers, updates requirements for group supervision and cross-border activities, and adds new provisions on sustainability risks and climate change. The changes aim to facilitate insurers’ contribution to long-term financing while maintaining policyholder protection.Structure and main provisions:
The Directive is structured as amendments to multiple articles of Solvency II and includes:- New criteria and process for classifying small and non-complex insurers- Updated rules on technical provisions calculation and long-term guarantee measures- Enhanced supervisory cooperation requirements for cross-border business- New macroprudential tools and powers for supervisors- Additional requirements on sustainability risks assessment- Revised group supervision framework- Changes to reporting and disclosure requirementsKey provisions for implementation:
– Introduction of proportionality measures for small insurers including simplified reporting- New requirements for climate change scenario analysis and sustainability risk management- Enhanced powers for supervisors to address liquidity and other risks- Strengthened cross-border supervision through mandatory information sharing- Updated group supervision rules including treatment of holding companies- Modified calculation methods for technical provisions and capital requirements- New disclosure requirements separating information for policyholders and market professionals

Directive (EU) 2025/1 of the European Parliament and of the Council of 27 November 2024 establishing a framework for the recovery and resolution of insurance and reinsurance undertakings and amending Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 and Regulations (EU) No 1094/2010, (EU) No 648/2012, (EU) No 806/2014 and (EU) 2017/1129 (Text with EEA relevance)

This Directive establishes a comprehensive framework for the recovery and resolution of insurance and reinsurance undertakings in the EU. It aims to ensure orderly resolution of failing insurers while protecting policyholders and maintaining financial stability. The Directive introduces tools and powers for authorities to intervene early and resolve insurers in an orderly way.The Directive’s structure includes:

  • Preparation requirements – Recovery and resolution planning, resolvability assessments
  • Resolution tools – Sale of business, bridge institution, asset separation, write-down/conversion of capital instruments
  • Resolution powers – Taking control, transfer of assets/liabilities, suspension of payments
  • Safeguards – Protection of shareholders and creditors, right of appeal
  • Cross-border cooperation – Resolution colleges, recognition of third country proceedings

Key provisions include:

  • Requirement for insurers to prepare recovery plans and authorities to prepare resolution plans
  • Powers for authorities to intervene early when insurers face difficulties
  • Resolution tools to restructure failing insurers while protecting policyholders
  • Framework for cooperation between authorities in cross-border cases
  • Safeguards to ensure fair treatment of shareholders and creditors
  • Requirement for Member States to establish resolution financing arrangements

The Directive represents a major reform of the EU insurance resolution framework, introducing harmonized tools and powers while ensuring appropriate safeguards and cooperation mechanisms. It aims to reduce reliance on public funds while protecting policyholders and financial stability.

Commission Implementing Regulation (EU) 2025/6 of 6 January 2025 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and repealing Commission Implementing Regulation (EU) 2023/2770

This Regulation establishes restrictions on the introduction of certain species of wild fauna and flora into the European Union. It prohibits the import of specific specimens from designated countries of origin to protect endangered species and regulate wildlife trade. The act replaces the previous Commission Implementing Regulation (EU) 2023/2770.The Regulation consists of three articles and a detailed Annex. Article 1 establishes the general prohibition, Article 2 repeals the previous regulation, and Article 3 sets the entry into force. The Annex is divided into two main sections: specimens included in Annex A and Annex B to Regulation (EC) No 338/97, listing specific species with their source coverage, specimen types, and countries of origin.The most significant changes compared to the previous regulation include the removal of restrictions for several species: Trioceros montium and Trioceros quadricornis from Cameroon, Trioceros feae from Equatorial Guinea, and several species from Madagascar (Mantella cowanii, Mantella crocea, Mantella viridis, Scaphiophryne gottlebei) and Indonesia (Varanus dumerilii, Varanus jobiensis, Varanus salvadorii).Key provisions include:

  • Comprehensive lists of prohibited specimens categorized by species classification (mammals, birds, reptiles, amphibians, fish, arthropods, mollusks, cnidarians, and flora)
  • Specific restrictions based on specimen source (wild or ranched)
  • Detailed country-specific prohibitions
  • Special conditions for certain specimens (such as size restrictions for some species)

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