Commission Delegated Regulation (EU) 2025/1493
This regulation amends Delegated Regulation (EU) No 876/2013 to enhance the functioning of colleges for central counterparties (CCPs). It introduces a co-chair from the independent members of the CCP Supervisory Committee, clarifies roles, updates information sharing practices, and mandates a central database for communication among college members.
COMMISSION DELEGATED REGULATION (EU) 2025/1930
This regulation amends Regulation (EU) 2019/1021, adding Dechlorane Plus to the list of prohibited persistent organic pollutants. While prohibiting Dechlorane Plus, it provides time-limited exemptions for uses in aerospace, defence, medical imaging, and as spare parts. It sets concentration limits, reducing from 1000 mg/kg to 1 mg/kg by April 15, 2028, and clarifies conditions for existing articles and spare parts.
Directive (EU) 2025/1892
This directive amends Directive 2008/98/EC on waste, focusing on textile and food waste. It introduces extended producer responsibility (EPR) for textiles, making producers responsible for end-of-life management and waste management. The Directive also sets specific food waste reduction targets for Member States by 2030 and clarifies responsibilities for a more circular economy.
Commission Implementing Regulation (EU) 2025/1915
This regulation authorises L-tryptophan produced with Corynebacterium glutamicum KCCM 80346 as a feed additive for all animal species. It sets specific requirements for rumen protection in ruminants and highlights the importance of amino acid balance, especially when administered via drinking water.
Commission Implementing Regulation (EU) 2025/1983
This regulation amends Regulation (EC) No 1484/95 by updating representative prices for certain poultrymeat and egg products, as well as for egg albumin. Annex I is updated with new representative prices for specific categories of poultry and their origin.
Commission Implementing Regulation (EU) 2025/1919
This regulation imposes definitive anti-dumping duties on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Egypt, Japan, and Vietnam. It also definitively collects the provisional duties that were previously imposed and terminates the investigation on imports of these products originating in India.
Commission Implementing Regulation (EU) 2025/1928
This regulation authorises the use of lutein-rich extract from Tagetes erecta L. (marigold) as a feed additive for turkeys intended for fattening, to enhance the colour of food derived from these animals. The operator need to establish operational procedures and organizational measures to address potential risks to users of the additive and premixtures.
Commission Implementing Regulation (EU) 2025/1908
This regulation amends Regulation (EU) No 37/2010, extending the permitted use of the substance fluralaner to include fin fish, specifically setting MRLs for muscle and skin in natural proportions.
Commission Implementing Regulation (EU) 2025/1909
This regulation suspends certain tariff preferences for specific product sections from certain Generalized Scheme of Preferences (GSP) beneficiary countries for the years 2026-2028, based on average EU import values exceeding established thresholds.
UN Regulation No. 171
This regulation sets uniform provisions for the approval of vehicles equipped with Driver Control Assistance Systems (DCAS). It addresses the functional requirements, system safety, human-machine interface (HMI), and validation of DCAS features, aiming to ensure that these systems support driving tasks without compromising safety or driver control.
UN Regulation No. 39
UN Regulation No. 39 outlines the standards for speedometers and odometers installed in vehicles of categories L, M, and N. The 02 series of amendments introduces new requirements for odometer anti-tampering and security management and malfunction indication for electrically detectable failures.
UN Regulation No. 177
UN Regulation No. 177 establishes uniform provisions for determining the system power of hybrid electric vehicles (HEVs) and pure electric vehicles (PEVs) with multiple electric machines.
Notice – WTO Agreement on Fisheries Subsidies
The Protocol amending the Marrakesh Agreement establishing the World Trade Organization (WTO) Agreement on Fisheries Subsidies entered into force on September 15, 2025.
EFTA Surveillance Authority Decision
The EFTA Surveillance Authority (ESA) found that the Norwegian municipality of Lørenskog granted unlawful state aid to Masserud Utvikling AS by failing to claim payment for a property. ESA requires Norway to recover NOK 7,709,058 from Masserud Utvikling AS.
EFTA Surveillance Authority Notice
This notice from the EFTA Surveillance Authority (ESA) announces the applicable interest rates for state aid recovery and the reference/discount rates for EFTA States, effective from July 1, 2025.
EFTA Court Judgment
This judgment from the EFTA Court clarifies the conditions under which a state can be held liable for damages caused by a national court’s decision that infringes EEA law. It emphasizes that state liability can only be incurred in exceptional cases where the national court has manifestly infringed EEA law and rules against national legislation that imposes additional, general exclusions of state liability.
EFTA Court Advisory Opinion Request
The Princely Court of Appeal requested an Advisory Opinion from the EFTA Court regarding the interpretation of Directive 2009/138/EC (Solvency II) concerning insurance and reinsurance. The core issue revolves around the precedence of insurance claims, particularly those of injured parties with a direct right of action.
EFTA Court Judgment
This is a judgment by the EFTA Court regarding Iceland’s failure to incorporate Commission Delegated Regulation (EU) 2021/1118 into its national law, as required by the Agreement on the European Economic Area (EEA).
Review of each of legal acts published today:
Commission Delegated Regulation (EU) 2025/1493 of 11 June 2025 amending Commission Delegated Regulation (EU) No 876/2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards changes to the functioning and management of colleges for central counterparties
This Commission Delegated Regulation (EU) 2025/1493 amends the existing Delegated Regulation (EU) No 876/2013, which supplements Regulation (EU) No 648/2012 (EMIR) regarding the functioning and management of colleges for central counterparties (CCPs). The new regulation reflects changes introduced by Regulation (EU) 2024/2987, particularly concerning the introduction of a co-chair from the independent members of the CCP Supervisory Committee. It aims to enhance supervisory convergence and the consistent operation of CCP colleges by clarifying roles, updating information sharing practices, and promoting efficient communication among college members.
The regulation modifies several articles of Delegated Regulation (EU) No 876/2013. It updates the process for written agreements among college members, clarifies the roles and responsibilities of the co-chairs (including discussing the implementation of annual supervisory priorities), and expands the list of information items to be shared with the college. Additionally, it mandates the use of a central database for information exchange among college members and removes a previously existing article (Article 5a).
Key provisions of this regulation include the enhanced role of the co-chairs in coordinating the college’s activities, the requirement to discuss the implementation of annual supervisory priorities, and the broadened scope of information sharing among college members. The use of a central database for information exchange is also significant, as it aims to streamline communication and ensure that all members have timely access to relevant information.
Commission Delegated Regulation (EU) 2025/1930 of 15 May 2025 amending Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards Dechlorane Plus
COMMISSION DELEGATED REGULATION (EU) 2025/1930 introduces amendments to Regulation (EU) 2019/1021 regarding persistent organic pollutants, specifically focusing on Dechlorane Plus. The regulation incorporates decisions made at the international level under the Stockholm Convention, adding Dechlorane Plus to the list of prohibited substances while allowing for specific exemptions. These exemptions cater to essential uses where alternatives are not yet viable, ensuring continued operation of critical equipment and systems across various sectors. The regulation also sets a limit for unintentional trace contamination of Dechlorane Plus in substances, mixtures, and articles.
The structure of the regulation is straightforward. It consists of two articles and an annex. Article 1 states that Annex I to Regulation (EU) 2019/1021 is amended in accordance with the Annex to this regulation. Article 2 indicates the date of entry into force. The main body of the changes is in the Annex, which adds a new entry for Dechlorane Plus in Part A of Annex I to Regulation (EU) 2019/1021. This includes specific exemptions and concentration limits. Compared to the previous version, this regulation introduces a new substance to the list of controlled persistent organic pollutants and provides detailed conditions for its handling and use within the EU.
Several provisions of this regulation are particularly important. Firstly, the regulation sets concentration limits for Dechlorane Plus, allowing up to 1000 mg/kg until April 15, 2028, and then reducing it to 1 mg/kg thereafter. Secondly, it provides specific exemptions for the use of Dechlorane Plus in aerospace, space, and defence applications, medical imaging, radiotherapy devices, and as spare parts for various types of equipment and vehicles. These exemptions are time-limited, with most expiring by 2030 or 2043, and the Commission is required to review the need for their prolongation by April 1, 2028. Finally, the regulation clarifies that articles containing Dechlorane Plus already in use before the expiry of the exemptions can continue to be used, and spare parts present in the Union before the relevant deadlines are also permitted for continued use.
Directive (EU) 2025/1892 of the European Parliament and of the Council of 10 September 2025 amending Directive 2008/98/EC on waste (Text with EEA relevance)
Okay, I will provide you with a detailed description of the provisions of Directive (EU) 2025/1892.
### Essence of the Act
Directive (EU) 2025/1892 amends Directive 2008/98/EC on waste, focusing on the sustainable management of textiles and the reduction of food waste within the European Union. It introduces extended producer responsibility (EPR) for textile products, making producers responsible for the end-of-life management of their products. The Directive also sets specific targets for Member States to reduce food waste by 2030, promoting measures across the entire food supply chain. Additionally, it clarifies definitions and responsibilities to ensure a more circular economy and better environmental outcomes.
### Structure and Main Provisions
The Directive is structured as amendments to the existing Directive 2008/98/EC. Key changes include:
* **Amendment to Article 2:** Clarifies the exclusion of carbon dioxide captured and stored geologically from the scope of waste regulation.
* **Insertion of Article 3:** Introduces definitions for terms like “producer of textile, textile-related or footwear products,” “making available on the market,” “online platform,” “fulfilment service provider,” “social economy entity,” “consumer,” “end user,” “unsold consumer product,” and “producer responsibility organisation.”
* **Deletion of Article 9:** Removes specific points related to waste prevention and management plans.
* **Insertion of Article 9a:** Focuses on the prevention of food waste generation, setting reduction targets for Member States by 2030. It mandates measures along the entire food supply chain and empowers the Commission to establish methodologies for measuring food waste levels.
* **Amendment to Article 11:** Ensures necessary infrastructure for the separate collection of waste.
* **Amendment to Article 11b:** Updates reporting requirements on progress towards targets.
* **Insertion of Articles 22a, 22b, 22c, and 22d:** These articles introduce extended producer responsibility (EPR) for textiles, establish a register of textile producers, outline the responsibilities of producer responsibility organizations, and detail the management of waste textiles.
* **Amendment to Article 29:** Specifies the adoption of food waste prevention programs.
* **Insertion of Article 29a:** Details the requirements for food waste prevention programs, including evaluation, adaptation, and coordination by competent authorities.
* **Amendment to Article 37:** Updates reporting requirements related to waste management and food waste prevention.
* **Amendment to Article 38a:** Updates the delegation of power to the Commission for adopting delegated acts.
* **Amendment to Article 41:** Specifies the timeline for the application of Articles 22a, 22b, 22c, and 22d to smaller enterprises.
* **Insertion of Article 41a:** Mandates a review of the Directive and Directive 1999/31/EC by 31 December 2029.
* **Insertion of Annex IVc:** Lists products that fall within the scope of extended producer responsibility for certain textile, textile-related, and footwear products.
### Main Provisions for Practical Use
1. **Extended Producer Responsibility (EPR) for Textiles (Article 22a):** Producers of textile, textile-related, and footwear products are now responsible for the costs of collecting, sorting, recycling, and properly managing their products at the end of their life. This includes setting up collection systems and financing the entire process.
2. **Food Waste Reduction Targets (Article 9a):** Member States must reduce food waste in processing and manufacturing by 10% and reduce food waste per capita in retail, food services, and households by 30% by 2030, using a 2021-2023 baseline.
3. **Register of Producers (Article 22b):** A register of textile producers will be established in each Member State to monitor compliance with EPR obligations. Producers must register to legally make their products available on the market.
4. **Role of Producer Responsibility Organizations (Article 22c):** Producers are required to entrust a producer responsibility organization (PRO) to fulfill their EPR obligations. PROs must be authorized by Member States and meet specific qualifications.
5. **Management of Waste Textiles (Article 22d):** Separately collected textiles are considered waste upon collection and must undergo sorting operations to ensure treatment in line with the waste hierarchy, prioritizing re-use and recycling.
Commission Implementing Regulation (EU) 2025/1915 of 25 September 2025 concerning the authorisation of L-tryptophan produced with Corynebacterium glutamicum KCCM 80346 as a feed additive for all animal species
This Commission Implementing Regulation (EU) 2025/1915 authorises the use of L-tryptophan produced with Corynebacterium glutamicum KCCM 80346 as a feed additive for all animal species. It classifies this additive under “nutritional additives” and “amino acids, their salts and analogues.” The regulation specifies conditions for its use, including protective measures for ruminants and considerations for amino acid balance, especially when administered via drinking water. The authorisation is based on the European Food Safety Authority’s (EFSA) opinion, which found the additive safe under specified conditions.
The regulation consists of two articles and an annex. Article 1 authorises the substance as a feed additive, subject to the conditions in the annex. Article 2 states the regulation’s entry into force. The annex specifies the identification number of the feed additive (3c443), its composition (L-tryptophan ≥ 98 %), the producing organism (Corynebacterium glutamicum KCCM 80346), and the analytical methods for its determination. It sets forth that L-tryptophan is authorised for all animal species without minimum or maximum content restrictions, but with specific provisions. These provisions include requirements for labelling, storage conditions, stability, rumen protection for ruminants, and consideration of amino acid balance. The authorisation period ends on 16 October 2035. There are no direct changes compared to previous versions, as this is a new authorisation.
The most important provisions for users are: the requirement for rumen protection when feeding L-tryptophan to ruminants, the need to consider the balance of all essential and conditionally essential amino acids when supplementing, particularly via drinking water, and the specific labelling requirements. Also, the regulation specifies that the additive may be used via water for drinking.
Commission Implementing Regulation (EU) 2025/1983 of 24 September 2025 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
This Commission Implementing Regulation (EU) 2025/1983 amends Regulation (EC) No 1484/95, adjusting representative prices for certain poultrymeat and egg products, as well as for egg albumin, to reflect current market conditions. The adjustments are based on regular monitoring of data related to import prices, aiming to align with price variations according to the origin of these products. The regulation updates Annex I of Regulation (EC) No 1484/95 with new representative prices for specific categories of poultry.
The regulation consists of two articles and an annex. Article 1 stipulates that Annex I to Regulation (EC) No 1484/95 is replaced by the text in the Annex to the new regulation. Article 2 states that the regulation will enter into force on the day of its publication in the Official Journal of the European Union. The Annex contains a table specifying the CN code, description, representative price (in EUR/100 kg), security under Article 3 (in EUR/100 kg), and origin for certain poultry products.
The most important provision of this regulation is the updated Annex I, which directly impacts import duties and pricing for specific poultry products. For example, frozen chicken carcasses presented as “65 % chickens” (CN code 0207 12 90) from Brazil (BR) now have a representative price of EUR 249.0 per 100 kg, with no security required under Article 3. Similarly, boneless cuts of fowls of the species Gallus domesticus, frozen (CN code 0207 14 10) from Brazil, are set at EUR 399.0 per 100 kg, also with no security required. Frozen legs and cuts thereof from Brazil (CN code 0207 14 60) are set at EUR 166.6 per 100 kg, with no security required. These updated prices will be used to calculate additional import duties, ensuring that import prices reflect market variations.
Commission Implementing Regulation (EU) 2025/1919 of 25 September 2025 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Egypt, Japan and Vietnam, and terminating the investigation on imports thereof originating in India
This is a description of Commission Implementing Regulation (EU) 2025/1919, which imposes definitive anti-dumping duties on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Egypt, Japan, and Vietnam. The regulation also definitively collects the provisional duties that were previously imposed and terminates the investigation on imports of these products originating in India.
The regulation is structured into several sections, starting with the procedure of the investigation, including the initiation, registration of imports, and imposition of provisional measures. It then addresses claims related to the product scope, dumping, injury, causation, and the level of measures. The regulation also examines the Union interest and sets out the definitive anti-dumping measures. Compared to the provisional regulation, this implementing regulation provides final determinations based on the investigation, considering comments from interested parties and making revisions where appropriate. Notably, it sets definitive anti-dumping duty rates for specific companies and countries, while terminating the investigation for India due to a finding of no dumping.
The most important provisions of this regulation are those that establish the definitive anti-dumping duty rates for the listed countries and companies, as these directly impact importers and exporters of the specified steel products. The regulation also specifies the conditions under which individual duty rates apply, including the requirement for a valid commercial invoice with a specific declaration. Additionally, the regulation outlines the circumstances under which a company can request the application of individual anti-dumping duty rates if it changes its name and clarifies the interaction between these anti-dumping duties and existing safeguard measures on steel products.
Commission Implementing Regulation (EU) 2025/1928 of 25 September 2025 concerning the authorisation of a preparation of lutein-rich extract of Tagetes erecta L. as a feed additive for turkeys for fattening
This Commission Implementing Regulation (EU) 2025/1928 authorises the use of a specific preparation of lutein-rich extract from *Tagetes erecta* L. (marigold) as a feed additive for turkeys intended for fattening. The additive is classified as a sensory additive, specifically a colourant, designed to enhance the colour of food derived from these animals. The regulation outlines the conditions of use, including maximum content levels in feed, and specifies requirements for user safety due to potential skin and eye irritation.
The regulation consists of two articles and an annex. Article 1 sanctions the use of the additive under the conditions specified in the annex. Article 2 states that the regulation will come into force twenty days after its publication in the Official Journal of the European Union. The Annex details the specifics of the authorised additive, including its composition, permitted levels, and conditions of use. It specifies the identification number of the feed additive, its composition, the characterisation of the active substance (lutein from a saponified extract), the chemical formula, CAS number and CoE number. It also provides analytical methods for determining lutein, zeaxanthin, and total carotenoids in the feed additive, premixtures, and compound feed. The annex specifies that the additive is intended for turkeys for fattening, with a maximum content of 80 mg total carotenoids/kg in complete feed with 12% moisture content. It also includes other provisions related to storage conditions, stability to heat treatment, and the use of personal protective equipment.
The key provisions of this regulation are those listed in the Annex. Feed business operators must establish operational procedures and organisational measures to address potential risks to users of the additive and premixtures. Where risks cannot be eliminated through procedures and measures, the additive and premixtures must be used with personal skin and breathing protective equipment. The mixture of lutein-rich extract with other authorised carotenoids shall not exceed a total carotenoids content of 80 mg/kg of complete feed. The authorisation is valid until 16 October 2035.
Commission Implementing Regulation (EU) 2025/1908 of 24 September 2025 amending Regulation (EU) No 37/2010 as regards the classification of the substance fluralaner with respect to its maximum residue limit in foodstuffs of animal origin
This Commission Implementing Regulation (EU) 2025/1908 amends Regulation (EU) No 37/2010, focusing on the maximum residue limit (MRL) of the substance fluralaner in foodstuffs of animal origin. The regulation extends the permitted use of fluralaner, an antiparasitic substance, to include fin fish, specifically setting MRLs for muscle and skin in natural proportions. This change follows a scientific assessment by the European Medicines Agency (EMA), which recommended establishing MRLs for fluralaner in Salmonidae and extending these limits to all fin fish.
The regulation consists of two articles and an annex. Article 1 stipulates that the Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this regulation. Article 2 indicates the date of entry into force of the regulation. The Annex replaces the entry for fluralaner in Table 1 of the Annex to Regulation (EU) No 37/2010, adding a new entry for fin fish with an MRL of 65 μg/kg in muscle and skin in natural proportions, while maintaining the existing provisions for poultry.
The most important provision of this regulation is the establishment of a maximum residue limit (MRL) for fluralaner in fin fish at 65 μg/kg in muscle and skin in natural proportions. This change allows for the use of fluralaner in aquaculture for all fin fish, ensuring that residue levels in the edible parts of the fish do not exceed the established safety threshold.
Commission Implementing Regulation (EU) 2025/1909 of 24 September 2025 laying down rules for the application of Regulation (EU) No 978/2012 of the European Parliament and of the Council as regards the suspension for the years 2026-2028 of certain tariff preferences granted to certain GSP beneficiary countries
This Commission Implementing Regulation (EU) 2025/1909 outlines which Generalized Scheme of Preferences (GSP) beneficiary countries will have certain tariff preferences suspended for the years 2026-2028. It identifies specific product sections from certain countries where the average value of EU imports has exceeded established thresholds, leading to a temporary removal of preferential tariff treatment. This measure is in line with the EU’s policy to adjust trade benefits based on the development and competitiveness of beneficiary countries.
The regulation consists of a preamble that explains the reasons for the regulation, two articles that define the suspension and the period of application, and an annex. The annex lists countries and product sections (identified by GSP section codes and descriptions) for which tariff preferences are suspended. Compared to previous versions, this regulation updates the list of countries and product sections based on trade statistics from 2021-2023. It takes into account which countries no longer benefit from tariff preferences under Article 4(1)(b) of Regulation (EU) No 978/2012 as of January 1, 2026.
The most important provision is Article 1 in conjunction with the Annex, as it directly determines which countries and products are subject to suspended tariff preferences. Businesses importing goods from GSP beneficiary countries listed in Annex II to Regulation (EU) No 978/2012 should carefully review the Annex to this regulation to determine if the tariff preferences for their specific products and countries of origin will be suspended from 2026 to 2028.
UN Regulation No 171 – Uniform provisions concerning the approval of vehicles with regard to Driver Control Assistance Systems (DCAS) [2025/1899]
Here’s a detailed description of the UN Regulation No. 171, as requested:
### Essence of the Act
UN Regulation No. 171 pertains to the approval of vehicles equipped with Driver Control Assistance Systems (DCAS). It establishes uniform provisions for vehicles of categories M and N, focusing on systems that assist drivers in longitudinal and lateral motion control. The regulation addresses the functional requirements, system safety, human-machine interface (HMI), and validation of DCAS features, aiming to ensure that these systems support driving tasks without compromising safety or driver control. It also includes provisions for monitoring DCAS operation and reporting safety-critical occurrences.
### Structure and Main Provisions
The regulation is structured as follows:
* **Scope:** Defines the types of vehicles to which the regulation applies (Categories M and N).
* **Definitions:** Provides clear definitions for key terms such as DCAS, dynamic control, system boundaries, driver disengagement, and various operational modes.
* **Application for Approval:** Specifies the documentation required for vehicle type approval.
* **Approval:** Outlines the conditions for granting approval, including the assignment of an approval number and mark.
* **General Specifications:** Sets out the core requirements for DCAS, including ensuring driver engagement, preventing misuse, and providing override capabilities.
* **Additional Specifications for DCAS Features:** Details specific requirements for features like lane keeping, lane changes, and other maneuvers.
* **Monitoring of DCAS Operation:** Establishes processes for manufacturers to monitor and report safety-critical occurrences.
* **System Validation:** Requires thorough validation of DCAS, including documentation audits, physical tests, and in-service monitoring.
* **System Information Data:** Specifies the data that manufacturers must provide to Type Approval Authorities.
* **Requirements for Software Identification:** Mandates the implementation of a unique identifier (R171SWIN) for the system’s software.
* **Modification and Extension of Approval:** Defines procedures for modifications to the vehicle type and extensions of approval.
* **Conformity of Production:** Ensures that vehicles produced conform to the approved type.
* **Penalties for Non-Conformity:** Specifies penalties for failing to comply with production requirements.
* **Production Discontinuation:** Requires manufacturers to inform authorities when production is definitively discontinued.
* **Technical Services and Authorities:** Lists the names and addresses of Technical Services and Type Approval Authorities.
* **Transitional Provisions:** Sets out the timeline for the acceptance and validity of approvals under different versions of the regulation.
The annexes include:
* **Annex 1:** Communication form for approvals.
* **Annex 2:** Arrangements of approval marks.
* **Annex 3:** Special requirements for the audit/assessment of electronic systems.
* **Annex 4:** Physical test specifications for DCAS validation.
* **Annex 5:** Principles for credibility assessment for using virtual toolchains in DCAS validation.
Compared to previous versions, this regulation introduces more technologically neutral and general provisions, allowing for a broader range of DCAS features to be approved. It emphasizes multi-pillar assessment techniques, including enhanced audits, physical tests, and in-service monitoring.
### Main Provisions for Use
1. **Driver Engagement:** DCAS must be designed to ensure the driver remains engaged in the driving task, preventing overreliance and misuse.
2. **System Boundaries:** Manufacturers must clearly define and document the system boundaries within which DCAS features operate, and the system must notify the driver when these boundaries are approached or exceeded.
3. **Controllability:** The system must ensure that control actions remain controllable for the driver, even in failure conditions or when reaching system boundaries.
4. **Manoeuvre Requirements:** Specific requirements are set for different types of manoeuvres (driver-initiated, driver-confirmed, system-initiated), ensuring they are safe, predictable, and manageable for other road users.
5. **Human-Machine Interface (HMI):** The HMI must provide clear and unambiguous information to the driver about the system’s status, limitations, and the need for driver intervention.
6. **Monitoring and Reporting:** Manufacturers are required to monitor the in-service safety performance of DCAS and report safety-critical occurrences to the Type Approval Authority.
7. **Software Identification:** The R171SWIN ensures that the software of the DCAS can be identified, facilitating updates and maintenance.
8. **Validation:** The validation process must include a thorough assessment of functional and operational safety, including physical tests and documentation audits.
9. **Speed Limit Compliance:** The system shall determine the permitted road speed limit relevant to the current lane of travel and automatically control the vehicle speed to not exceed the current maximum speed.
10. **Driver Unavailability Response:** The system shall comply with the technical requirements and transitional provisions of the 04 or later series of amendments to UN Regulation No. 79 with respect to the Risk Mitigation Function (RMF).
UN Regulation No 39 – Uniform provisions concerning the approval of vehicles with regard to the speedometer and odometer equipment including its installation [2025/1902]
Here’s a breakdown of UN Regulation No. 39, focusing on its key aspects:
**1. Essence of the Act:**
UN Regulation No. 39 outlines the standards for speedometers and odometers installed in vehicles of categories L, M, and N. It defines the requirements for their accuracy, visibility, and resistance to tampering. The regulation aims to ensure that these devices provide reliable information to the driver regarding the vehicle’s speed and distance traveled, contributing to road safety and fair usage tracking. The regulation specifies the approval process for vehicle types concerning speedometer and odometer equipment, including installation requirements and testing procedures.
**2. Structure and Main Provisions:**
* **Scope (Section 1):** Defines the types of vehicles (categories L, M, and N) to which the regulation applies.
* **Definitions (Section 2):** Provides clear definitions for terms like “approval of a vehicle,” “type of vehicle,” “speedometer,” “odometer,” and related technical terms. It also includes definitions for “Tachograph or Recording equipment”, “Tachograph Replacement Unit (TRU)” and “Purely mechanical odometer”.
* **Application for Approval (Section 3):** Details the process for vehicle manufacturers to apply for approval, including required documentation and the submission of a representative vehicle.
* **Approval (Section 4):** Explains how approval is granted if the vehicle meets the regulation’s requirements, including the assignment of an approval number and the placement of an approval mark on the vehicle.
* **Specifications (Section 5):** Sets out the technical specifications for speedometers and odometers, including display requirements, accuracy standards, and testing procedures. It also addresses anti-tampering measures for odometers.
* **Modifications of the Vehicle Type (Section 6):** Describes the procedure for handling modifications to an approved vehicle type.
* **Conformity of Production (Section 7):** Ensures that vehicles produced after approval conform to the approved type.
* **Penalties for Non-Conformity of Production (Section 8):** Outlines the penalties for failing to meet conformity of production requirements, including the potential withdrawal of approval.
* **Names and Addresses (Section 9):** Requires contracting parties to provide information on the technical services and approval authorities involved.
* **Transitional Provisions (Section 10):** Sets out the timeline for implementing amendments to the regulation and the acceptance of approvals granted under previous versions.
* **Annexes:** Include the communication form, arrangements of approval marks, test procedures for speedometer and odometer accuracy, and the information document.
**Main changes introduced by the 02 series of amendments:**
* **Odometer Anti-Tampering and Security Management:** The 02 series of amendments introduces new requirements for odometer anti-tampering and security management. It mandates that total distance values and the total distance indicated be protected against manipulation. Compliance is demonstrated when the manufacturer’s cybersecurity management system aligns with UN Regulation No. 155 and implements proportionate mitigations.
* **Malfunction Indication:** The 02 series of amendments introduces malfunction indication for electrically detectable failures preventing the odometer requirements of this UN Regulation from being met.
* **Transitional Provisions:** The 02 series of amendments includes transitional provisions that specify the dates from which Contracting Parties are required to accept type approvals under the new amendments and the dates after which they may cease accepting approvals under previous versions.
**3. Main Provisions for Practical Use:**
* **Speedometer Accuracy (5.4):** The indicated speed must never be less than the true speed. The formula `0 ≤ (V1 – V2) ≤ 0.1 V2 + 4 km/h` defines the acceptable range of error, where V1 is the indicated speed and V2 is the true speed.
* **Odometer Accuracy (5.8):** The total distance indicated by the odometer must not deviate by more than ±4.0 per cent from the true distance traveled.
* **Odometer Anti-Tampering (5.12):** This section is crucial for ensuring the integrity of mileage data, requiring protection against manipulation.
* **Transitional Provisions (Section 10):** Manufacturers and approval authorities need to be aware of the dates specified in the transitional provisions to ensure compliance with the latest version of the regulation.
* **Testing Procedures (Annexes 3 & 4):** These annexes provide detailed instructions on how to test the accuracy of speedometers and odometers, which is essential for both type approval and conformity of production.
UN Regulation No 177 – Uniform provisions concerning the determination of system power of hybrid electric vehicles and of pure electric vehicles having more than one electric machine for propulsion [2025/1910]
Here’s a breakdown of UN Regulation No. 177, designed to help you understand its key aspects:
**1. Essence of the Act:**
UN Regulation No. 177 establishes uniform provisions for determining the system power of hybrid electric vehicles (HEVs) and pure electric vehicles (PEVs) with multiple electric machines. This regulation aims to provide a standardized method for measuring and comparing the power output of these vehicles, ensuring consistency in how their performance is assessed. The regulation specifies test conditions, procedures, and calculations for determining the vehicle system power rating, which can then be compared to traditional internal combustion engine (ICE) vehicle power ratings. It applies to vehicles in categories N1 and M with a maximum laden mass not exceeding 3,500 kg, excluding fuel cell vehicles.
**2. Structure and Main Provisions:**
The regulation is structured into 15 main articles, covering the scope and application, definitions, approval processes, markings, test conditions, test procedures, and conformity of production. It includes several annexes that provide detailed information and standardized formats for documentation and testing.
* **Scope and Application (Article 1):** Defines the types of vehicles to which the regulation applies (HEVs and PEVs with multiple electric machines in categories N1 and M ≤ 3,500 kg).
* **Definitions (Article 3):** Provides clear definitions for terms such as “hybrid electric vehicle,” “pure electric vehicle,” “system power,” and various powertrain components.
* **Test Conditions (Article 7):** Specifies the required environmental conditions (temperature, pressure) and instrumentation accuracy for testing.
* **Test Procedure (Article 8):** Outlines two test procedures (TP1 and TP2) for determining the vehicle system power rating, based on either measured electrical power and estimated ICE power (TP1) or measured torque and speed at the axles (TP2).
* **Families within Types (Article 9):** Defines criteria for grouping vehicles into families based on powertrain configuration, ICE power rating, electric machine characteristics, and battery specifications.
* **Annexes:** Include detailed information on engine and vehicle characteristics, communication formats, approval mark arrangements, identification of power determination reference points, and determination of speed of maximum power.
**3. Main Provisions Important for Use:**
* **Test Procedures (TP1 and TP2):** The regulation provides two distinct test procedures for determining the system power rating. Manufacturers and approval authorities must carefully assess which procedure is applicable based on the vehicle’s powertrain architecture and the ability to accurately measure power at the defined reference points.
* **Energy Conversion Factors (K Factors):** Accurate determination or verification of energy conversion factors (K1 for electrical, K2 for mechanical) is crucial for both TP1 and TP2. These factors account for energy losses within the powertrain and ensure accurate calculation of system power.
* **Power Determination Reference Points:** Correct identification of power determination reference points is essential. These points represent where mechanical power is first produced from stored energy and are critical for accurately assessing the vehicle’s total system power.
* **Conformity of Production:** Manufacturers must ensure conformity of production, demonstrating that vehicles produced after approval meet the same standards as the approved vehicle type. This can be achieved through compliance with UN Regulation No. 85 or by demonstrating compliance with its conformity of production requirements.
* **Operational Metrics:** Monitoring and recording operational metrics such as engine coolant temperature, battery temperature, and SOC throughout the test are important for ensuring the vehicle operates within its normal operating range and that the test results are valid.
Notice concerning the entry into force of the Protocol amending the Marrakesh Agreement establishing the World Trade Organization Agreement on Fisheries Subsidies
This notice announces the entry into force of the Protocol amending the Marrakesh Agreement establishing the World Trade Organization (WTO) Agreement on Fisheries Subsidies. The amendment officially took effect on September 15, 2025.
This is a brief notice, so there isn’t a detailed structure to analyze. It simply states the fact that the amending Protocol has entered into force. The main provision is the entry into force itself, which signifies that the changes agreed upon in the Protocol are now legally binding for the parties that have ratified it. Without the full text of the Protocol, it’s impossible to detail the specific changes compared to the previous version of the Agreement on Fisheries Subsidies.
The most important aspect of this notice is the date of entry into force. Stakeholders involved in fisheries, trade, and international law should take note of this date, as it marks the point from which the amended rules on fisheries subsidies apply. To understand the precise implications, one would need to consult the full text of the Protocol amending the Marrakesh Agreement establishing the WTO Agreement on Fisheries Subsidies, published in the Official Journal L 148 of June 8, 2023, page 3.
EFTA Surveillance Authority Decision No 090/25/COL of 11 June 2025 on sale of a property in Lørenskog (Norway) [2025/1950]
This is a decision by the EFTA Surveillance Authority (ESA) regarding a case of potential unlawful state aid granted by the Norwegian municipality of Lørenskog to Masserud Utvikling AS, a real estate development company. The case revolves around the sale of a property by the Municipality to Masserud and the subsequent failure by the Municipality to claim payment for the property. ESA investigated whether this failure to claim payment constituted unlawful state aid.
The decision is structured as follows: It begins by outlining the facts of the case, including the procedure, a description of the measure, and the grounds for initiating the formal investigation. It then presents the comments received from the Municipality, Masserud, and the Norwegian authorities. The core of the decision is the assessment by ESA, which examines whether the measures in question constitute state aid according to Article 61(1) of the EEA Agreement. This involves analyzing the presence of state resources, imputability, selectivity, the conferring of an advantage, and the effect on trade and distortion of competition. Finally, the decision addresses procedural requirements, the compatibility of the aid, and the need for recovery of the unlawful aid.
The key provision of this act is that the ESA concluded that the Municipality’s failure to enforce its claim for payment from Masserud, effectively granting the public land free of charge, constitutes unlawful state aid amounting to NOK 7,709,058, which is incompatible with the functioning of the EEA Agreement. The Kingdom of Norway is required to recover this amount from Masserud Utvikling AS, including interest, by October 11, 2025. The decision also specifies the information Norway must provide to ESA regarding the recovery process.
EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as of 1 July 2025 (Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004)
This notice from the EFTA Surveillance Authority (ESA) announces the applicable interest rates for state aid recovery and the reference/discount rates for EFTA States, effective from July 1, 2025. These rates are crucial for calculating the financial burden on companies that have received illegal state aid and for determining the advantage conferred by aid measures. The notice ensures transparency and consistency in the application of state aid rules within the EFTA States.
The notice is structured as a simple table presenting the base rates for Iceland, Liechtenstein, and Norway. It explicitly references the legal basis for these rates, citing ESA’s State Aid Guidelines and a specific decision amending those guidelines. The notice clarifies that appropriate margins must be added to the base rate to obtain the applicable reference rates, as per the State Aid Guidelines. There are no explicit changes mentioned compared to previous versions within the text of this notice, but it does refer to the amended guidelines from 2008.
The most important provision is the table listing the base rates for each EFTA State. These rates are the foundation for calculating the actual interest rates used in state aid recovery and for discounting future benefits from aid measures. Businesses, legal professionals, and government bodies within Iceland, Liechtenstein, and Norway need to be aware of these rates to ensure compliance with state aid regulations.
Judgment of the Court of 5 June 2025 in Case E-25/24 – Dartride AS v the Norwegian State, represented by the Ministry of Justice and Public Security (Staten v/Justis- og beredskapsdepartementet), (State liability – Infringements attributable to a national court – Notion of court adjudicating at last instance – Effective judicial protection – Homogeneity)
This is a judgment from the EFTA Court concerning the conditions under which a state can be held liable for damages caused by a national court’s decision that infringes EEA (European Economic Area) law. The judgment clarifies when a national court is considered to be adjudicating at last instance and emphasizes that state liability can only be incurred in exceptional cases where the national court has manifestly infringed EEA law. Furthermore, it rules against national legislation that imposes additional, general exclusions of state liability in such cases.
The judgment is structured around two main points. The first point addresses the applicability of state liability for infringements of EEA law stemming from decisions of national courts adjudicating at last instance. It clarifies the conditions under which such liability can be incurred, emphasizing the requirement of a manifest infringement of applicable EEA law and defining when a court is considered to be adjudicating at last instance. The second point concerns the compatibility of national legislation with EEA law regarding state liability for infringements attributable to a court adjudicating at last instance. It specifically precludes national legislation that generally excludes state liability by imposing additional conditions, such as requiring the decision to be quashed or amended, lapsed, or involving a criminal conviction of a public official.
The most important provisions of this judgment are those that define the circumstances under which a state can be held liable for the decisions of its national courts. The requirement of a “manifest infringement” of EEA law sets a high bar for establishing liability, protecting the independence of national judiciaries while ensuring compliance with EEA law. Additionally, the ruling against general exclusions of state liability in national legislation reinforces the principle of effective judicial protection and ensures that individuals and economic operators have a remedy for damages caused by infringements of EEA law, even when those infringements originate from judicial decisions.
Request for an Advisory Opinion from the EFTA Court by the Princely Court of Appeal, dated 30 April 2025 in the case of Dommages Aréas v Gable Insurance AG in Konkurs (Case E-8/25)
This document is a request from the Princely Court of Appeal to the EFTA Court for an Advisory Opinion regarding the interpretation of Directive 2009/138/EC (Solvency II) concerning insurance and reinsurance. The request arises from a case involving Dommages Aréas and Gable Insurance AG in Konkurs. The core issue revolves around the precedence of insurance claims, particularly those of injured parties with a direct right of action against an insurance undertaking that has been subrogated to a fourth party. The request also seeks clarification on whether legal costs incurred in asserting an insurance claim should be considered part of the insurance claim itself and thus also be given precedence.
The document is structured as a formal request for an advisory opinion, presenting two specific questions to the EFTA Court. The first question addresses whether an insurance claim, specifically one where an injured party has a direct right of action and the insurer is subrogated to a fourth party, still maintains precedence under Article 275(1) of Directive 2009/138/EC. The second question, contingent on an affirmative answer to the first, asks whether legal costs associated with asserting such a claim should also be considered part of the insurance claim and thus be given precedence. There are no changes compared to previous versions, as this is the initial request for an advisory opinion.
The most important aspect of this document is the clarification it seeks regarding the scope and application of the precedence given to insurance claims under Solvency II, particularly in cases involving direct rights of action and subrogation. The interpretation of Article 268(1)(g) and Article 275(1) of Directive 2009/138/EC will have significant implications for the ranking of claims in insolvency proceedings involving insurance undertakings within the EEA. The determination of whether legal costs are included within the definition of an insurance claim will also impact the amount of recovery available to injured parties.
Judgment of the Court of 5 June 2025 in Case E-26/24 – EFTA Surveillance Authority v Iceland (Failure by an EFTA State to fulfil its obligations – Commission Delegated Regulation (EU) 2021/1118 – Regulatory technical standards)
This is a judgment by the EFTA Court regarding Iceland’s failure to incorporate Commission Delegated Regulation (EU) 2021/1118 into its national law, as required by the Agreement on the European Economic Area (EEA). The Court ruled that Iceland did not fulfill its obligations under Article 7 of the EEA Agreement. Iceland is ordered to bear the costs of the proceedings.
The judgment is structured in two main points. The first point declares that Iceland has failed to fulfill its obligations under Article 7 of the EEA Agreement. This failure concerns the incorporation of Commission Delegated Regulation (EU) 2021/1118 into Iceland’s internal legal order. The second point orders Iceland to bear the costs of the proceedings. The judgment does not refer to previous versions.
The most important provision is the declaration that Iceland failed to incorporate Commission Delegated Regulation (EU) 2021/1118 into its national law, as required by the EEA Agreement. This regulation concerns regulatory technical standards for resolution authorities to estimate requirements for resolution entities, supplementing Directive 2014/59/EU and Directive 2013/36/EU.
