Commission Delegated Regulation (EU) 2025/1156: Ensuring Fair Access to Market Data
This regulation supplements MiFIR, Regulation (EU) No 600/2014, by specifying how market data should be made available on a reasonable commercial basis (RCB). It defines key terms like “market data client,” clarifies how providers should calculate total costs (including infrastructure, connectivity, personnel, and financial costs), and sets principles for determining a reasonable profit margin that is proportional to costs and business performance. The regulation mandates non-discriminatory access regarding fees, terms, and distribution channels, allowing for fee differences based on client categorization only if criteria are factual, verifiable, and consistently applied. It ensures fair market data agreements, covering pre-contractual information, clear language, policy conformity, transparency on fees, unbundling of services, and restrictions on penalties, audits, and unilateral changes. Market data policies must include fee schedules and terms, using standardized terminology in an accessible format. Requirements are also set for delayed market data access, including content (best bid/offer, post-trade info) and format (machine/human-readable). Finally, providers must supply total costs, margins, and fee details to authorities. Templates in annexes provide standard formats for market data policy publication and information to be provided to competent authorities.
Commission Delegated Regulation (EU) 2025/1246: Refining Transparency for Trading Venues and Investment Firms
This regulation amends Delegated Regulations (EU) 2017/583 and (EU) 2017/587 to refine transparency requirements for bonds, structured finance products, emission allowances, and equity instruments. It aligns regulations with amendments to MiFIR, Regulation (EU) No 600/2014.
Key changes to Delegated Regulation (EU) 2017/583 include definitions for “central limit order book trading system” and “periodic auction trading system,” and the introduction of a static determination of liquidity and order sizes for bonds, structured finance products, and emission allowances. Detailed rules are specified for deferred publication of transactions based on liquidity and size. Additionally, conditions are modified under which authorities can suspend transparency obligations. For Delegated Regulation (EU) 2017/587, changes specify pre-trade data details, refine standard market size calculations, and clarify that “give-up” and “give-in” transactions don’t contribute to price discovery. The static liquidity determination for bonds, structured finance products, and emission allowances is critical. Understanding deferred publication rules, the refined SMS calculation for equities, and pre-trade data details are important for compliance.
Commission Delegated Regulation (EU) 2025/1155: Setting Rules for Consolidated Tape Providers
This regulation supplements MiFIR by setting detailed rules for consolidated tape providers (CTPs), specifying data provision from trading venues and other entities, business clock synchronization, and revenue redistribution for shares and ETFs. It repeals and replaces Commission Delegated Regulation (EU) 2017/574.
Minimum data transmission protocols are specified with real-time data delivery to CTPs (50ms for shares/ETFs, 500ms for bonds/OTC derivatives). Data must be ISO 20022-compliant. Data to be transmitted includes core market data and regulatory data, disseminated by CTPs in machine and human-readable formats. CTPs must flag data quality issues. Operators of trading venues, systematic internalisers, APAs, DPEs and CTPs must synchronize business clocks with Coordinated Universal Time (UTC) to specified levels of accuracy. A methodology is detailed for revenue redistribution by the CTP for shares and ETFs to eligible data contributors. Data transmission latency requirements, data standards (ISO 20022), business clock synchronization, and revenue redistribution methodology are important for compliance. Key changes include the extension of the business clock synchronization requirement to Designated Publishing Entities (DPEs), Approved Publication Arrangements (APAs) and Consolidated Tape Providers (CTPs). The annexes contain detailed technical specifications for data transmission protocols, data formats, and clock synchronization accuracy.
Commission Delegated Regulation (EU) 2025/1143: Detailing Requirements for Data Reporting Service Providers
This regulation outlines regulatory technical standards for data reporting service providers (DRSPs): Approved Publication Arrangements (APAs), Approved Reporting Mechanisms (ARMs), and Consolidated Tape Providers (CTPs). It details authorization and organizational requirements for APAs/ARMs and authorization for CTPs. This regulation repeals and replaces Commission Delegated Regulation (EU) 2017/571, which distinguishes between authorization procedures for APAs/ARMs and CTPs, and to incorporate digital operational resilience requirements from Regulation (EU) 2022/2554. Applicants must provide extensive information on organizational structure, ownership, corporate governance, and internal controls. Robust administrative arrangements must be implemented to manage conflicts of interest. DRSPs must demonstrate compliance with digital operational resilience requirements under Regulation (EU) 2022/2554. APAs/ARMs must monitor data accuracy and establish mechanisms for error correction. APAs are required to publish information in a machine-readable format, and CTP applicants must provide detailed information on business operations, market data fees, energy efficiency, and revenue redistribution arrangements. Furthermore, APAs, ARMs and CTPs should notify competent authority of any change to the membership of its management body before such change takes effect.
Commission Implementing Regulation (EU) 2025/1157: Streamlining Authorization for Data Reporting Services
This regulation establishes standard forms, templates, and procedures for authorizing Approved Publication Arrangements (APAs), Approved Reporting Mechanisms (ARMs), and Consolidated Tape Providers (CTPs) under Regulation (EU) No 600/2014 (MiFIR), as well as related notifications. It aims to streamline the authorization process by providing clarity and consistency. The regulation repeals and replaces Implementing Regulation (EU) 2017/1110, reflecting amendments introduced by Regulation (EU) 2024/791, which distinguishes between the authorization procedures for APAs/ARMs and CTPs. This regulation provides separate procedures for APAs/ARMs and CTPs and emphasizes the importance of providing complete and accurate information, including details on the management body and any potential conflicts of interest. Standardized application and notification forms are detailed in the annexes, along with timelines for acknowledging receipt and communicating authorization decisions.
Commission Implementing Regulation (EU) 2025/2218: Administrative Update for Biocidal Product Family ‘CMIT/MIT SOLVENT BASED’
This regulation amends and corrects Implementing Regulation (EU) 2023/402, which granted a Union authorization for the biocidal product family ‘CMIT/MIT SOLVENT BASED’. The amendment involves administrative changes, including updating the authorization holder’s name to MC (Netherlands) 1 B.V., adding and deleting trade names and biocidal product formulators, changing the authorization holder’s address, and adding a manufacturer of the active substance. The updated Annex contains changes to trade names, manufacturers, and other administrative information.
Commission Implementing Regulation (EU) 2025/2203: Flexibility on Electronic Record-Keeping for Plant Protection Products
This regulation amends Implementing Regulation (EU) 2023/564, focusing on electronic record-keeping of plant protection products. The amendment provides Member States with the option to delay the mandatory transfer of plant protection product usage records into electronic format until January 1, 2027. This provides additional time for preparation and training and allows Member States to accommodate the needs of users, particularly those in non-agricultural sectors, small-scale farmers, and elderly farmers.
Commission Implementing Regulation (EU) 2025/2210: Carbon Border Adjustment Mechanism and the Continental Shelf/EEZ
This regulation specifies how the Carbon Border Adjustment Mechanism (CBAM) applies to goods and processed products brought to the continental shelf or exclusive economic zone (EEZ) of EU Member States. The regulation clarifies who is the importer in these situations, outlines the process for declaring receipt of goods (“receipt declaration”), and sets rules for customs controls. The “recipient” of goods on the continental shelf or EEZ is designated as the importer. The physical arrival (“receipt”) of these goods is treated as “importation” under CBAM. The recipient must lodge a “receipt declaration” with customs, including specific data elements, within 30 days. Exporters of processed goods need to include the destination (continental shelf/EEZ), country of origin, and their CBAM account number in their re-export declarations.
Review of each of legal acts published today:
Commission Delegated Regulation (EU) 2025/1156 of 12 June 2025 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards on the obligation to make market data available to the public on a reasonable commercial basis
Here’s a breakdown of the Commission Delegated Regulation (EU) 2025/1156:
**1. Essence of the Act:**
This regulation supplements Regulation (EU) No 600/2014 (MiFIR) by specifying the conditions under which market data must be made available to the public on a reasonable commercial basis (RCB). It aims to ensure fair and non-discriminatory access to market data by clarifying how costs should be calculated, margins determined, and contractual terms structured. The regulation seeks to balance the commercial viability for market data providers with the need for broad access to data for clients.
**2. Structure and Main Provisions:**
* **Chapter I (Definitions):** Defines key terms like “market data client,” “market data,” “market data provider,” “total costs,” “market data agreement,” and “per client fee.”
* **Chapter II (Calculation of Total Costs and Margins of Market Data):** Details how market data providers should calculate the total costs associated with producing and disseminating market data, including infrastructure, connectivity, personnel, and financial costs. It also sets principles for determining a reasonable margin, ensuring it’s proportionate to costs and comparable to the provider’s overall business.
* **Chapter III (Non-Discriminatory Access):** Mandates that market data providers grant access to market data on a non-discriminatory basis regarding fees, terms, technical arrangements, and distribution channels. It allows for fee differentials based on client categorization, provided the criteria are factual, verifiable, and applied consistently.
* **Chapter IV (Unbiased and Fair Contractual Terms):** Focuses on ensuring fairness in market data agreements. It covers pre-contractual information, fair terms, clear contractual language, conformity with market data policy, and transparency regarding additional fees. It also addresses per-client fees, unbundling of services, penalties, audit provisions, and unilateral changes to fees and conditions.
* **Chapter V (Content, Format and Terminology of the Market Data Policies):** Specifies the information to be included in market data policies, including fee schedules, terms and conditions, and audit terms. It standardizes terminology and requires an accessible format for these policies.
* **Chapter VI (Data Access, Content and Format of Delayed Market Data):** Sets requirements for providing access to delayed market data, including content (best bid and offer prices, post-trade information) and format (machine-readable and human-readable).
* **Chapter VII (Content, Format and Terminology of the Information to be Provided to the Competent Authorities):** Details the information market data providers must provide to competent authorities upon request, including total costs, reasonable margins, and explanations of fee determination.
* **Chapter VIII (Final Provisions):** Includes transitional measures and the entry-into-force date.
**3. Main Provisions Important for Use:**
* **Cost Calculation (Article 2):** The detailed breakdown of cost categories and the requirement for annual review of cost apportionment methodologies are crucial for market data providers to accurately determine their costs.
* **Reasonable Margin (Article 3):** The principles for setting a reasonable margin, including comparability to the provider’s overall business, provide a benchmark for ensuring fair pricing.
* **Non-Discriminatory Access and Fee Differentials (Articles 4 & 5):** The conditions for client categorization and the prohibition of discriminatory practices are vital for ensuring equitable access to market data.
* **Fair Contractual Terms (Articles 7-16):** The provisions on clear and concise agreements, restrictions on penalties and audits, and advance notice of unilateral changes are essential for protecting market data clients.
* **Market Data Policy (Articles 17-22):** The requirements for content, format, and accessibility of market data policies ensure transparency and comparability of market data offerings.
* **Templates in Annexes I and II:** Standardized templates for market data policy publication and information to be provided to competent authorities.
Commission Delegated Regulation (EU) 2025/1246 of 18 June 2025 amending the regulatory technical standards laid down in Delegated Regulations (EU) 2017/583 and (EU) 2017/587 as regards transparency requirements for trading venues and investment firms in respect of bonds, structured finance products, emission allowances, and equity instruments
Here’s a breakdown of Commission Delegated Regulation (EU) 2025/1246:
**1. Essence of the Act:**
This regulation amends existing regulatory technical standards in Delegated Regulations (EU) 2017/583 and (EU) 2017/587 to refine transparency requirements for trading venues and investment firms. The changes affect bonds, structured finance products, emission allowances, and equity instruments, aligning the regulations with recent amendments to Regulation (EU) No 600/2014 (MiFIR) made by Regulation (EU) 2024/791. The goal is to enhance data transparency, facilitate the emergence of consolidated tapes, and optimize trading obligations.
**2. Structure and Main Provisions:**
The regulation is structured around amendments to two key delegated regulations:
* **Delegated Regulation (EU) 2017/583:** This regulation is significantly revised with changes impacting definitions, scope of application, order sizes, liquidity assessments, and deferred publication rules. Key changes include:
* **Definitions:** Introduces definitions for “central limit order book trading system” and “periodic auction trading system.”
* **Scope:** Specifies that certain articles apply only to derivatives, ensuring continuity with previous regulations.
* **Order Sizes:** Establishes specific rules for determining “orders which are large in scale” for bonds, structured finance products, and emission allowances, using a static determination.
* **Liquidity:** Introduces specific rules for determining whether there is a “liquid market” for bonds, structured finance products, and emission allowances, also using a static determination.
* **Deferred Publication:** Introduces a detailed regime for deferred publication of transactions for bonds, structured finance products, and emission allowances, including categories based on liquidity and size.
* **Transparency Suspension:** Modifies the conditions under which competent authorities can temporarily suspend transparency obligations.
* **Delegated Regulation (EU) 2017/587:** This regulation is amended to specify pre-trade data details, refine standard market size calculations, and clarify the scope of transactions that do not contribute to price discovery. Key changes include:
* **Pre-Trade Data:** Specifies the details of pre-trade data to be made public by trading venues for each class of equity instrument.
* **Order Management Facility Waiver:** Modifies rules related to iceberg orders.
* **Systematic Internalisers:** Refines the methodology for determining standard market size (SMS) and sets thresholds for pre-trade transparency obligations.
* **Non-Price Forming Transactions:** Clarifies the scope of transactions that do not contribute to price discovery, excluding “give-up” and “give-in” transactions.
**3. Main Provisions Important for Use:**
* **Static Liquidity Determination:** The static determination of liquidity for bonds, structured finance products, and emission allowances (Article 6a of amended Delegated Regulation (EU) 2017/583) is crucial. Market participants need to understand how these instruments are classified as liquid or illiquid, as this impacts transparency obligations and deferral possibilities.
* **Deferred Publication Rules:** The detailed rules on deferred publication for bonds, structured finance products, and emission allowances (Article 8a of amended Delegated Regulation (EU) 2017/583) are essential for trading venues and investment firms. Understanding the categories, sizes, and deferral durations is vital for compliance.
* **Standard Market Size (SMS) Calculation:** The refined methodology for calculating SMS for equity instruments (Article 11 of amended Delegated Regulation (EU) 2017/587) is important for systematic internalisers, as it determines the thresholds for pre-trade transparency requirements.
* **Pre-Trade Data Details:** The details of pre-trade data to be made public by trading venues for equity instruments (Table 1b of Annex I to amended Delegated Regulation (EU) 2017/587) are important for ensuring harmonized application of pre-trade transparency requirements.
The regulation enters into force twenty days after publication in the Official Journal, with specific articles applying from March 2, 2026.
Commission Delegated Regulation (EU) 2025/1155 of 12 June 2025 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards specifying the input and output data of consolidated tapes, the synchronisation of business clocks and the revenue redistribution by the consolidated tape provider for shares and ETFs, and repealing Commission Delegated Regulation (EU) 2017/574
Okay, here’s a breakdown of Commission Delegated Regulation (EU) 2025/1155:
**1. Essence of the Act:**
This regulation supplements Regulation (EU) No 600/2014 (MiFIR) by setting out detailed rules for consolidated tape providers (CTPs). It specifies the data that trading venues and other entities must provide to CTPs, how CTPs should synchronize their business clocks, and how revenue generated by CTPs for shares and ETFs should be redistributed to data contributors. Additionally, it repeals and replaces Commission Delegated Regulation (EU) 2017/574.
**2. Structure and Main Provisions:**
The regulation is structured into five chapters and several annexes:
* **Chapter I (Definitions):** Defines key terms like “input data” and “output data.”
* **Chapter II (Input and Output Data of Consolidated Tapes):**
* Sets minimum requirements for the quality of transmission protocols used by data contributors (Annex I).
* Mandates real-time data transmission to CTPs, with specific latency requirements (50 milliseconds for shares/ETFs, 500 milliseconds for bonds/OTC derivatives).
* Requires data transmission in a format adhering to the ISO 20022 methodology.
* Specifies the data to be transmitted to and disseminated by CTPs for bonds (Annex II, Table 6) and shares/ETFs (Annex II, Table 7, Annex III). This includes core market data and regulatory data.
* Requires CTPs to disseminate output data in machine-readable (including ISO 20022-compliant formats and Comma-Separated Values) and human-readable formats (Graphical User Interface).
* Outlines how CTPs should manage incomplete or potentially erroneous information, including flagging data quality issues and confirming data receipt.
* **Chapter III (Synchronisation of Business Clocks):**
* Requires operators of trading venues, systematic internalisers, APAs, DPEs and CTPs to synchronize their business clocks with Coordinated Universal Time (UTC).
* Sets different levels of accuracy for clock synchronization depending on the type of entity and trading system (Annex IV).
* **Chapter IV (Revenue Redistribution Scheme):**
* Details the methodology for calculating the amount of revenue to be redistributed by the CTP for shares and ETFs to eligible data contributors.
* Sets criteria for the temporary suspension of participation in the revenue redistribution scheme and the procedure for such suspensions.
* **Chapter V (Final Provisions):**
* Repeals Delegated Regulation (EU) 2017/574.
* Sets the entry into force and application dates.
**Changes Compared to Previous Versions:**
The regulation repeals and replaces Commission Delegated Regulation (EU) 2017/574. A key change is the extension of the requirement to synchronize business clocks to Designated Publishing Entities (DPEs), Approved Publication Arrangements (APAs) and Consolidated Tape Providers (CTPs).
**3. Main Provisions Important for Use:**
* **Data Transmission Latency (Article 3):** Data contributors must ensure they meet the strict latency requirements for transmitting data to CTPs.
* **Data Standards and Format (Article 4):** Data contributors must use a format that adheres to the ISO 20022 methodology for data transmission.
* **Synchronization of Business Clocks (Articles 11-16):** Operators of trading venues, systematic internalisers and their members, participants, or users, DPEs, APAs and CTPs need to ensure their business clocks are synchronized with UTC to the specified levels of accuracy.
* **Revenue Redistribution (Articles 17-24):** Trading venues and other eligible data contributors should understand the methodology for revenue redistribution and the criteria for potential suspension from the scheme.
* **Annexes:** The annexes contain detailed technical specifications for data transmission protocols, data formats, and clock synchronization accuracy.
Commission Delegated Regulation (EU) 2025/1143 of 12 June 2025 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards on the authorisation and organisational requirements for approved publication arrangements and approved reporting mechanisms, and on the authorisation requirements for consolidated tape providers, and repealing Commission Delegated Regulation (EU) 2017/571
This Commission Delegated Regulation (EU) 2025/1143 outlines the regulatory technical standards for data reporting service providers (DRSPs), specifically Approved Publication Arrangements (APAs), Approved Reporting Mechanisms (ARMs), and Consolidated Tape Providers (CTPs). It details the authorization and organizational requirements for APAs and ARMs, as well as the authorization requirements for CTPs. This regulation repeals and replaces Commission Delegated Regulation (EU) 2017/571 to reflect amendments introduced by Regulation (EU) 2024/791, which distinguishes between authorization procedures for APAs/ARMs and CTPs, and to incorporate digital operational resilience requirements from Regulation (EU) 2022/2554.
The regulation is structured into three chapters:
* **Chapter I** focuses on the authorization and organizational requirements for APAs and ARMs. It includes two sections:
* **Section I** specifies the information that applicants seeking authorization as APAs or ARMs must submit to the competent authorities, covering aspects such as the organization, ownership, corporate governance, and the members of the management body, internal controls and digital operational resilience.
* **Section II** details the organizational requirements for APAs and ARMs, including the management of conflicts of interest, outsourcing arrangements, handling of incomplete or erroneous information, connectivity of ARMs, and machine readability requirements for APAs.
* **Chapter II** outlines the authorization requirements for CTPs, specifying the information that applicants must submit to ESMA. This includes details on ownership, organization, corporate governance, members of the management body, internal controls, conflicts of interest, business operativity, outsourcing, market data fees and licensing models, digital operational resilience, energy efficiency, record keeping arrangements, organizational requirements, and the reception, consolidation, and dissemination of data.
* **Chapter III** contains final provisions, including the repeal of Delegated Regulation (EU) 2017/571 and the entry into force date of this regulation.
Key provisions of the act include:
* **Detailed Information Requirements:** Applicants for APA, ARM, and CTP status must provide extensive information on their organizational structure, ownership, corporate governance, and internal controls to the relevant authorities.
* **Conflict of Interest Management:** APAs, ARMs, and CTPs are required to implement robust administrative arrangements to identify, prevent, and manage conflicts of interest, including creating an inventory of potential conflicts and separating business functions.
* **Digital Operational Resilience:** DRSPs must demonstrate compliance with the digital operational resilience requirements under Regulation (EU) 2022/2554, particularly in areas of ICT risk management, incident management, and third-party risk monitoring.
* **Data Quality and Error Handling:** APAs and ARMs must establish mechanisms for monitoring data accuracy, detecting errors or omissions, and correcting them promptly.
* **Machine Readability for APAs:** APAs are required to publish information in a machine-readable format that allows for easy access and use by market participants.
* **Specific Requirements for CTPs:** Applicants for CTP authorization must provide detailed information on their business operations, market data fees, energy efficiency, and arrangements for revenue redistribution (for bond CTPs).
* **Requirements for management body:** APAs, ARMs and CTPs should notify competent authority of any change to the membership of its management body before such change takes effect.
Commission Implementing Regulation (EU) 2025/1157 of 12 June 2025 laying down implementing technical standards for the application of Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to the standard forms, templates and procedures for the authorisation of approved publication arrangements, approved reporting mechanisms and consolidated tape providers, and related notifications, and repealing Commission Implementing Regulation (EU) 2017/1110
This Commission Implementing Regulation (EU) 2025/1157 establishes standard forms, templates, and procedures for authorizing Approved Publication Arrangements (APAs), Approved Reporting Mechanisms (ARMs), and Consolidated Tape Providers (CTPs) under Regulation (EU) No 600/2014 (MiFIR). It also covers related notifications. The regulation aims to streamline the authorization process for these data reporting service providers (DRSPs) by providing clarity and consistency in the application and notification procedures. It repeals and replaces Implementing Regulation (EU) 2017/1110 to reflect amendments introduced by Regulation (EU) 2024/791, which distinguishes between the authorization procedures for APAs/ARMs and CTPs.
The regulation is structured into three chapters and six annexes. Chapter I (Articles 1-6) focuses on APAs and ARMs, detailing the designation of contact points, application and notification forms, acknowledgement of receipt, additional information requirements, notification of changes to management body membership, and communication of authorization decisions. Chapter II (Articles 7-12) mirrors this structure for CTPs, with ESMA handling the authorization process. Chapter III (Articles 13-14) contains final provisions, including the repeal of the previous regulation and the entry into force date. The annexes provide the specific application and notification forms for APAs/ARMs (Annexes I, II, and III) and CTPs (Annexes IV, V, and VI). Compared to the previous regulation, this new regulation provides separate procedures for APAs/ARMs and CTPs, reflecting the amendments to Regulation (EU) No 600/2014.
Key provisions include the requirement for ESMA and national competent authorities to designate contact points for applicants, the standardized application and notification forms (as detailed in the annexes), and the timelines for acknowledging receipt of applications and communicating authorization decisions. Applicants must clearly identify which specific requirements of Regulation (EU) No 600/2014 and Delegated Regulation (EU) 2025/1143 they are addressing in their applications. The regulation also emphasizes the importance of providing complete and accurate information, including details on the management body and any potential conflicts of interest.
Commission Implementing Regulation (EU) 2025/2218 of 31 October 2025 amending Implementing Regulation (EU) 2023/402 as regards administrative changes to the Union authorisation of the biocidal product family CMIT/MIT SOLVENT BASED and correcting that Regulation
This Commission Implementing Regulation (EU) 2025/2218 amends and corrects Implementing Regulation (EU) 2023/402, which granted a Union authorization for the biocidal product family ‘CMIT/MIT SOLVENT BASED’. The amendment involves administrative changes, including updating the authorization holder’s name to MC (Netherlands) 1 B.V., adding and deleting trade names and biocidal product formulators, changing the authorization holder’s address, and adding a manufacturer of the active substance. The regulation replaces the Annex to Implementing Regulation (EU) 2023/402 in its entirety to incorporate these changes and minor editorial updates.
The structure of the act is as follows:
* **Article 1:** Corrects Article 1 of Implementing Regulation (EU) 2023/402 to reflect the correct authorization holder, MC (Netherlands) 1 B.V.
* **Article 2:** Replaces the Annex to Implementing Regulation (EU) 2023/402 with a new version that includes all administrative changes.
* **Article 3:** Specifies that the regulation will enter into force twenty days after its publication in the Official Journal of the European Union and confirms its binding and directly applicable nature in all Member States.
The main provisions of the act include:
* **Change of Authorisation Holder:** The authorisation holder is now correctly identified as MC (Netherlands) 1 B.V.
* **Updated Annex:** The new Annex contains an updated summary of product characteristics (SPC) for the biocidal product family, reflecting administrative changes such as added and deleted trade names, changes to the list of biocidal product formulators, a change in the address of the authorisation holder and the addition of a manufacturer of the active substance.
The most important provisions for users are the updated details in the Annex, which include changes to trade names, manufacturers, and other administrative information. Users should refer to the new Annex for the most current and accurate information regarding the ‘CMIT/MIT SOLVENT BASED’ biocidal product family.
Commission Implementing Regulation (EU) 2025/2203 of 31 October 2025 amending Implementing Regulation (EU) 2023/564 as regards the transfer into electronic format of the records of plant protection products kept by professional users
This Commission Implementing Regulation (EU) 2025/2203 amends Implementing Regulation (EU) 2023/564, focusing on the electronic record-keeping of plant protection products by professional users. The amendment provides Member States with the option to delay the mandatory transfer of plant protection product usage records into electronic format. This adjustment allows Member States to postpone the requirement until January 1, 2027, providing additional time for preparation and training.
The regulation consists of two articles. Article 1 introduces a new paragraph to Article 3 of Implementing Regulation (EU) 2023/564, granting Member States the flexibility to permit users not to transfer records of plant protection product uses into electronic format before January 1, 2027. Article 2 specifies that the regulation will take effect twenty days after its publication in the Official Journal of the European Union and confirms that the regulation is binding and directly applicable in all Member States.
The most important provision of this regulation is the added flexibility for Member States regarding the electronic transfer of records. This allows them to accommodate the needs of users, particularly those in non-agricultural sectors, small-scale farmers, and elderly farmers, by delaying the mandatory electronic record-keeping until January 1, 2027.
Commission Implementing Regulation (EU) 2025/2210 of 31 October 2025 laying down rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards goods and processed products brought to the continental shelf or the exclusive economic zone of Member States
Here’s a breakdown of the Commission Implementing Regulation (EU) 2025/2210:
**1. Essence of the Act:**
This regulation specifies how the Carbon Border Adjustment Mechanism (CBAM) applies to goods and processed products brought to the continental shelf or exclusive economic zone (EEZ) of EU Member States. It clarifies who is considered the importer in these situations, outlines the process for declaring the receipt of goods, and sets out rules for customs controls and documentation. The regulation aims to ensure that CBAM obligations are properly applied when goods are brought to these specific areas outside the customs territory of the Union.
**2. Structure and Main Provisions:**
* **Chapter I (Definitions):** Defines key terms like “holder of the inward processing authorisation,” “bill of discharge,” “recipient,” and “receipt” to ensure consistent interpretation of the regulation.
* **Chapter II (Rules Applicable to Goods):**
* Designates the “recipient” of goods on the continental shelf or EEZ as the importer for CBAM purposes (Article 2).
* Treats the physical arrival (“receipt”) of these goods as equivalent to “importation” under CBAM (Article 3).
* Requires the recipient to lodge a “receipt declaration” with the customs authority of the relevant Member State within 30 days of receiving the goods (Article 4). This declaration can be submitted electronically or, in certain cases, via paper form or email, and must include specific data elements outlined in Annexes I and II.
* **Chapter III (Rules Applicable to Processed Products):**
* Specifies that the person lodging the re-export declaration for processed products (or the person on whose behalf it’s lodged) is considered the importer (Article 5).
* Treats the re-export of processed products to the continental shelf or EEZ as an “importation” for CBAM purposes (Article 6).
* Requires specific information related to CBAM (account number, destination, origin) to be included in the “bill of discharge” when the holder of the inward processing authorization is the same person as the re-exporter (Article 7).
* **Chapter IV (Rules Applicable as Regards Goods and Processed Products):**
* Mandates that re-export declarations, notifications, or exit summary declarations include the destination (continental shelf/EEZ) and country of origin (Article 8). For processed products, the CBAM account number of the declarant must also be included.
* Grants customs authorities the power to examine goods, take samples, verify information, and inspect the accounts of importers (Articles 9).
* Specifies that the CBAM declaration must be accompanied by a copy of the receipt declaration (for goods) or the bill of discharge (for processed products) (Article 10).
* Applies the provisions of the Union Customs Code regarding the keeping of documents and information, as well as charges and costs for customs services (Article 11).
* **Annex I:** Details the formats and codes for the data required in the electronic receipt declaration.
* **Annex II:** Provides the form to be used for non-electronic (paper-based) receipt declarations.
**3. Main Provisions for Practical Use:**
* **Definition of “Importer”:** The regulation clearly defines who is responsible for CBAM obligations when goods are destined for the continental shelf or EEZ. This is crucial for determining who must comply with CBAM reporting and financial requirements.
* **Receipt Declaration:** The introduction of the “receipt declaration” and its specific data requirements creates a new obligation for recipients of goods in these areas. Understanding the required data elements (Annex I) and the submission process (Article 4) is essential for compliance.
* **Information in Re-export Declarations:** Exporters of processed goods need to ensure that their re-export declarations include the required information about the destination (continental shelf/EEZ), country of origin, and their CBAM account number.
* **Customs Controls:** Businesses should be aware that customs authorities have the right to conduct thorough examinations and audits to ensure compliance with CBAM regulations.
