Review of the EU legislation for 09/01/2025

Here’s a concise review of the legal acts:
1. Anti-dumping duties on titanium dioxide from China – Sets fixed duties of 0.25-0.74 EUR per kg with exemption for white ink production.
2. Anti-dumping duties on mobile access equipment from China – Imposes duties of 20.6-54.9% on self-propelled lifting equipment with working height over 6 meters.
3. EU Advance Passenger Information system – Creates centralized router for airlines to transmit passenger data to border authorities with 48-hour retention limit.
4. Insurance Recovery and Resolution Directive – Establishes framework for failing insurers including recovery planning, resolution tools and cross-border cooperation.
5. Non-road mobile machinery regulation – Creates EU approval system for machinery on public roads with technical requirements for safety and performance.
6. Solvency II amendments – Updates insurance regulations with new proportionality measures, macroprudential tools and sustainability requirements.
7. API data collection system – Sets up EU-wide system for air carriers to share passenger data with law enforcement, managed through centralized router.
8. Pan-Euro-Mediterranean origin rules amendment – Enables electronic movement certificates for preferential trade starting 2025.
9. Pan-Euro-Mediterranean transitional provisions – Allows parallel use of old and new origin rules until end of 2025.
10. Norwegian media grants – Approves scheme providing NOK 400 million annually to news media until 2029.
11. EEA emissions premiums distribution – Creates formula to share excess CO2 emissions penalties between EFTA states based on vehicle registrations.

Review of each of legal acts published today:

Commission Implementing Regulation (EU) 2025/4 of 17 December 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of titanium dioxide originating in the People’s Republic of China

This is a Commission Implementing Regulation imposing definitive anti-dumping duties on imports of titanium dioxide (TiO2) originating from China. The regulation establishes fixed duties ranging from 0.25 to 0.74 EUR per kg depending on the exporting producer. It also provides an end-use exemption for TiO2 used in production of white inks for printing.The regulation has the following main structural elements:- Product scope definition and investigation details- Analysis of dumping, injury to EU industry, and causation- Assessment of Union interest and impact on various stakeholders- Determination of duty rates and form of measures- Rules on collection of provisional duties and implementation provisionsKey provisions include:- Fixed specific duties per kg rather than ad valorem duties to soften impact on users- End-use exemption for TiO2 used in white inks production- Definitive collection of provisional duties imposed earlier- Requirements for commercial invoice declarations- Rules for new exporting producers to obtain individual duty rates- No retroactive collection of duties during registration periodThe regulation is particularly important for Ukraine as it affects imports of a key industrial chemical used in many downstream industries like paints, plastics, and paper. The measures aim to protect EU producers while considering impact on users.

Commission Implementing Regulation (EU) 2025/45 of 8 January 2025 imposing a definitive anti-dumping duty and definitely collecting the provisional duty imposed on imports of mobile access equipment originating in the People’s Republic of China

This is a Commission Implementing Regulation imposing definitive anti-dumping duties on imports of mobile access equipment (MAE) originating from China. The regulation establishes duties ranging from 20.6% to 54.9% on different Chinese manufacturers after finding evidence of dumping that caused material injury to the EU industry.The regulation defines MAE as self-propelled equipment designed for lifting persons, with a working height of 6 meters or more, including pre-assembled sections but excluding individual components and equipment mounted on vehicles. The main types covered are articulated boom lifts, telescopic boom lifts, scissor lifts and vertical masts.Key provisions include:

• Individual duty rates assigned to specific Chinese manufacturers ranging from 20.6% to 54.9%
• A duty rate of 30.1% for other cooperating companies
• A duty rate of 54.9% for all other companies
• Requirements for valid commercial invoices to apply individual duty rates
• Definitive collection of provisional duties previously imposed
• Provisions for new exporters to request individual duty rates
• Requirements for reporting number of items imported in addition to weight

The regulation follows a detailed investigation that found Chinese imports were sold at dumped prices and caused material injury to EU producers through price undercutting and suppression, leading to financial losses despite growing market demand. The measures aim to restore fair competition while maintaining adequate supply to the EU market.

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. The Regulation aims to enhance external border checks and combat illegal immigration while ensuring data protection and passenger 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 with other EU instruments

Key provisions include:

• Mandatory automated collection of passenger data from machine-readable travel documents
• Transfer of API data at check-in and after flight closure
• 48-hour maximum data retention period
• Strict purpose limitation for border control and immigration purposes
• Financial penalties up to 2% of global turnover for repeated non-compliance
• Establishment of national supervision authorities
• Creation of API Expert Group and Contact Group for implementation
• Regular evaluation and reporting requirements

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 remove impediments to resolvability
• Resolution tools to maintain critical insurance functions and protect policyholders
• Safeguards ensuring no creditor worse off than in liquidation
• Framework for cooperation between authorities in cross-border cases
• Requirement for Member States to establish resolution financing arrangements

The Directive represents a major change by introducing a harmonized EU framework for insurance resolution, similar to the banking resolution framework but adapted to insurance specificities. It fills an important gap in the EU financial stability framework.

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 the approval and market surveillance of non-road mobile machinery intended to circulate on public roads. It sets technical requirements and procedures for EU type-approval and individual approval of such machinery to ensure road safety and proper market functioning.The Regulation consists of 14 chapters covering scope, definitions, obligations of economic operators, approval procedures, technical requirements, market surveillance, and other aspects. Key structural elements include:

• Creation of a new ‘U-category’ for non-road mobile machinery
• Establishment of EU type-approval and individual approval systems
• Definition of roles and responsibilities for manufacturers, importers, distributors
• Requirements for technical services and conformity assessment
• Market surveillance and safeguard procedures

The main provisions include:

• Technical requirements covering vehicle structure, speed, braking, steering, visibility, lighting, dimensions, masses and other safety aspects
• Procedures for type-approval applications, testing, and certification
• Conformity of production requirements and market surveillance measures
• System for designation and monitoring of technical services
• Transitional period until 2036 allowing continued national approvals
• Requirements for certificates of conformity and statutory marking

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:1. The Directive aims to improve risk-based and harmonized prudential rules for the insurance and reinsurance sector, addressing weaknesses identified in the previous framework while maintaining its core principles.2. Key structural changes include:- New proportionality measures for small and non-complex insurers- Enhanced supervisory cooperation and information exchange requirements- New macroprudential tools and powers for supervisors- Strengthened group supervision requirements- Updated reporting and disclosure requirements- New requirements related to sustainability risks- Changes to technical provisions calculation and capital requirements3. The most important provisions include:- Introduction of specific criteria to identify small and non-complex insurers/groups- New powers for supervisors to address liquidity risks and preserve financial stability- Enhanced cross-border supervision and cooperation between authorities- Strengthened fit and proper requirements for management- New requirements for climate change scenario analysis- Changes to the volatility adjustment and matching adjustment frameworks- Updated group solvency calculation methods- New disclosure requirements including audit of the Solvency II balance sheetThe Directive has particular implications for Ukraine and Ukrainian insurers as it sets standards that would need to be met for Ukrainian insurance companies operating in or seeking to enter the EU market, especially in the context of Ukraine’s EU accession process and alignment with EU financial services legislation.

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.

Judgment of the General Court (Sixth Chamber, Extended Composition) of 8 January 2025.Thomas Bindl v European Commission.Processing of personal data – Protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies – Regulation (EU) 2018/1725 – Concept of ‘transfer of personal data to a third country’ – Transfer of data when visiting a website – EU Login – Action for annulment – Act not open to challenge – Inadmissibility – Action for failure to act – Position taken ending the inaction – No need to adjudicate – Action for damages – Sufficiently serious breach of a rule of law conferring rights on individuals – Causal link – Non-material damage.Case T-354/22.

Decision No 1/2024 of the Joint Committee of the Regional Convention on Pan-Euro-Mediterranean Preferential Rules of Origin of 12 December 2024 amending Decision No 1/2023 of the Joint Committee with respect to the use of movement certificates issued electronically in the framework of that Convention applicable as of 1 January 2025 [2025/16]

This Decision amends the Regional Convention on pan-Euro-Mediterranean preferential rules of origin regarding the electronic issuance of movement certificates. It establishes a legal framework for the transition from paper-based to electronic movement certificates in preferential trade between Contracting Parties. The Decision is aimed at maintaining and formalizing the successful digital practices that emerged during the COVID-19 pandemic.The Decision consists of two main articles and an Annex. Article 1 introduces amendments to Decision No 1/2023, effective from January 1, 2025. The Annex contains specific modifications to Article 17 of Appendix I of the Convention, outlining the conditions for electronic movement certificates.The key provisions include:

• Authorization for Contracting Parties to establish systems for electronic issuance and submission of proofs of origin
• Requirements for electronic movement certificates:
  • Must be based on the specimen in Annex IV
  • Must be verifiable through a secure online system
  • Must have unique serial numbers and security features
  • Implementation dates must be published in the EU Official Journal
• Right of Contracting Parties to suspend acceptance of electronic certificates if requirements are not met
• Obligation to inform other parties about such suspension through the Joint Committee secretariat

Decision No 2/2024 of the Joint Committee of the Regional Convention on Pan-Euro-Mediterranean Preferential Rules of Origin of 12 December 2024 amending Decision No 1/2023 of the Joint Committee in order to include transitional provisions in the amendments of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin applicable as of 1 January 2025 [2025/17]

This Decision amends the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, introducing transitional provisions for the new set of modernized rules that will come into force on January 1, 2025. The act ensures continuity in trade relations between Contracting Parties during the transition period.The Decision introduces several key changes to the Convention’s structure. It adds Article 42 to Appendix I, which establishes transitional provisions valid until December 31, 2025. It also modifies Article 8 of Appendix I to allow for specific cumulation rules for goods under certain Harmonized System chapters.The main provisions include:

• Previous rules will remain applicable in parallel with new rules until December 31, 2025
• Proofs of origin issued before January 1, 2025, will be accepted for preferential treatment if goods are in transit or under customs control
• Movement certificates EUR.1 must include the statement ‘REVISED RULES’ in box 7
• Contracting Parties must report every four months on their progress in updating bilateral protocols
• Special cumulation provisions for goods classified under Chapters 1, 3, 16, and 25-97 of the Harmonized System

State aid – Decision to raise no objections

This is a State aid decision by the EFTA Surveillance Authority regarding Norway’s amendments to the Production grant scheme for news and current affairs media for 2023-2029. The scheme provides financial support in the form of grants to news and current affairs media with the objective of maintaining media diversity and pluralism.The decision structure is straightforward, containing key information about the aid measure, including its legal basis (Act No. 153 and Regulation on production grant), type (scheme), form (grant), budget (NOK 400 million annually), and duration (until January 2029). The scheme specifically targets the newspaper publishing sector (NACE 58.12).The main provisions of the scheme include:
– Legal foundation based on the Act on economic support to the media from December 2020
– Implementation through the Norwegian Media Authority as the granting authority
– Annual budget allocation of NOK 400 million
– Focus on news and current affairs media sector
– Clear timeframe with termination set for January 2029

Decision of the Standing Committee of the EFTA States No 3/2024/SC of 11 June 2024 on the allocation of excess emissions premiums collected in accordance with Regulation (EU) 2019/631 of the European Parliament and of the Council [2025/15]

This Decision establishes the mechanism for distributing excess emissions premiums collected from car manufacturers who fail to meet CO2 emission standards in the European Economic Area (EEA). The premiums are collected in accordance with Regulation (EU) 2019/631, which sets CO2 emission performance standards for new passenger cars and light commercial vehicles.The Decision consists of three articles that establish the allocation method, publication requirements, and entry into force provisions. The key structural element is the allocation formula described in Article 1, which represents the main operational mechanism of this legal act.The most significant provisions of this Decision are:

• The excess emissions premiums will be distributed among EFTA States proportionally to their share of new vehicle registrations
• The allocation is calculated separately for passenger cars and light commercial vehicles
• The distribution method will continue to apply annually until the Decision is repealed
• The European Commission will collect the premiums from EU-established manufacturers for vehicles registered in EFTA States
• The total premium amount is first split between the EU Commission and EFTA Surveillance Authority based on the respective registration shares in the EU and EFTA States