Review of Legal Acts
Commission Implementing Regulation (EU) 2025/1728
This regulation updates the rules for proving the origin of goods under the pan-Euro-Mediterranean (PEM) Convention. Suppliers now have to clearly state in their declarations whether they are using the original or the updated PEM rules to determine where a product comes from. If a declaration doesn’t specify which rules are being used before the end of 2025, the original PEM rules will be assumed. This change is about making sure everyone knows which set of rules is being followed to avoid confusion in international trade.
Commission Implementing Regulation (EU) 2025/1724
The European Commission is imposing provisional anti-dumping duties on barium carbonate imports from China and India. Following an investigation, the Commission found evidence that these imports were being sold at unfairly low prices (dumping), which was harming the EU’s barium carbonate industry. The new regulation sets tariffs for specific companies and for all other imports from these countries to level the playing field.
Specifically, to avoid paying the higher “all other” rate, importers must present a valid commercial invoice with a specific declaration signed by an official of the exporting entity.
Commission Regulation (EU) 2025/17XX (Concerning REACH and CMR Substances)
This regulation updates the REACH regulation by adding newly classified dangerous substances which are Carcinogens, Mutagens or toxic to Reproduction (CMR) to the list of restricted substances. Also, there is a derogation for cumene present in specific aviation fuels, which exempts it from the restrictions applicable to the general public.
The inclusion of new CMR substances aims to protect the public from exposure to harmful chemicals, while the cumene derogation acknowledges the specific use-cases within the aviation industry.
Review of each of legal acts published today:
Commission Implementing Regulation (EU) 2025/1728 of 8 August 2025 amending Implementing Regulation (EU) 2015/2447 as regards the procedures for issuing of or making out proofs of origin
This Commission Implementing Regulation (EU) 2025/1728 amends Implementing Regulation (EU) 2015/2447 to update the procedures for issuing or making out proofs of origin, specifically concerning the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (PEM Convention). The amendment is necessary due to the adoption of Decisions No 1/2023 and No 2/2024 by the Joint Committee of the PEM Convention, which introduce transitional provisions allowing for the parallel application of both the original and amended rules of origin for a limited period. This regulation ensures that suppliers specify the legal framework used to determine the origin of goods in their declarations, clarifying which set of rules (original or amended) is being applied. The regulation applies retroactively from 1 January 2025, to align with the entry into force of Decision No 2/2024.
The regulation modifies Articles 61 and 62 of Implementing Regulation (EU) 2015/2447, focusing on supplier’s declarations and long-term supplier’s declarations. It mandates that suppliers specify the legal framework (original or amended PEM Convention rules) used to determine the origin of goods. If no framework is specified in declarations made until 31 December 2025, the original PEM Convention rules are to be considered the default. Additionally, Annexes 22-15 to 22-18, which contain templates for supplier’s declarations, are updated to reflect this requirement.
The most important provision is the requirement for suppliers to specify the legal framework used to determine the origin of goods in their declarations. This ensures clarity and allows exporters to correctly apply for movement certificates or make out origin declarations under the appropriate set of rules (either the original or amended PEM Convention). The default application of the original PEM Convention rules for declarations without a specified framework until 31 December 2025, is also a key element for businesses to note.
Commission Implementing Regulation (EU) 2025/1724 of 8 August 2025 imposing a provisional anti-dumping duty on imports of barium carbonate originating in the People`s Republic of China and India
Here’s a breakdown of the Commission Implementing Regulation (EU) 2025/1724:
**1. Essence of the Act:**
This regulation imposes a provisional anti-dumping duty on imports of barium carbonate originating from the People’s Republic of China (PRC) and India. The European Commission initiated an investigation following a complaint by a Union industry producer, finding sufficient evidence of dumping and material injury. The regulation aims to protect the Union industry from the harmful effects of these dumped imports by setting duties based on the calculated dumping margins.
**2. Structure and Main Provisions:**
The regulation is structured as follows:
* **Procedure:** Details the initiation of the investigation, registration of imports, identification of interested parties, sampling methods for Union producers, importers, and exporting producers in China and India, questionnaire replies, and verification visits.
* **Product Definition:** Defines the product under investigation (barium carbonate with specific strontium and sulphur content), the product concerned (originating from China and India), and the like product (produced and sold domestically in China, India, and the EU).
* **Dumping:** Explains the methodology for determining normal value, export price, and dumping margins for both China and India. For China, it addresses the existence of significant distortions in the Chinese economy and the use of an appropriate representative country (Türkiye) to establish undistorted costs.
* **Injury:** Assesses the injury suffered by the Union industry, considering factors such as Union consumption, import volumes and market share, prices of imports, and the economic situation of the Union industry.
* **Causation:** Examines the causal link between the dumped imports and the injury to the Union industry, while also considering other potential factors.
* **Level of Measures:** Determines the level of anti-dumping duties necessary to remove the injury to the Union industry.
* **Union Interest:** Assesses whether imposing measures is in the overall interest of the Union, considering the interests of the Union industry, importers, and users.
* **Provisional Anti-Dumping Measures:** Sets the provisional anti-dumping duty rates for specific companies and all other imports from China and India.
* **Registration:** States that the registration of imports should be discontinued.
**3. Main Provisions for Practical Use:**
* **Anti-Dumping Duties:** The regulation sets specific anti-dumping duty rates for different companies in China and India, as well as a general rate for all other imports from these countries.
* **Conditions for Individual Duty Rates:** To benefit from the individual duty rates, importers must present a valid commercial invoice with a specific declaration signed by an official of the exporting entity.
* **Registration of Imports Discontinued:** Customs authorities are directed to discontinue the registration of imports.
Commission Regulation (EU) 2025/1731 of 8 August 2025 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards carcinogens, germ cell mutagens or reproductive toxicants subject to restrictions
This regulation amends Annex XVII to Regulation (EC) No 1907/2006 (REACH) concerning restrictions on carcinogens, germ cell mutagens, or reproductive toxicants (CMR). The aim is to update the list of restricted substances to reflect new classifications under Regulation (EC) No 1272/2008, as amended by Commission Delegated Regulation (EU) 2024/197, and to address specific concerns regarding cumene in aviation fuels. The regulation also introduces a derogation for cumene present in certain aviation fuels.
The regulation consists of two articles and an annex. Article 1 states that Annex XVII to Regulation (EC) No 1907/2006 is amended in accordance with the Annex to this regulation. Article 2 specifies the entry into force and application dates of the regulation. The Annex details the specific amendments to Annex XVII of the REACH Regulation, including the insertion of new CMR substances into Appendices 2, 4, and 6, and the addition of a derogation for cumene in certain aviation fuels to Appendix 11.
The most important provisions of this act are the inclusion of newly classified CMR substances of category 1B in Appendices 2, 4 and 6 to Annex XVII to Regulation (EC) No 1907/2006, and the derogation for cumene present in specific aviation fuels, which exempts it from the restrictions applicable to the general public. These changes ensure that the restrictions on CMR substances are up-to-date with the latest scientific classifications and address specific concerns regarding the use of cumene in aviation fuels by non-professional pilots.
