Commission Delegated Regulation (EU) 2026/73: Simplifying Sustainability Disclosures
This regulation serves as an amendment to existing regulations, specifically (EU) 2021/2178, (EU) 2021/2139, and (EU) 2023/2486. Its primary aim is to streamline the disclosure requirements related to environmentally sustainable activities. Think of it as an effort to cut some red tape.
One key change is the introduction of a “materiality threshold,” allowing companies to skip detailed assessments of taxonomy eligibility and alignment for activities that fall below a certain financial level.
Companies can omit assessing the taxonomy-eligibility and alignment of activities that are not financially material (below 10% of the relevant KPI denominator). These non-material activities must be reported separately.
Furthermore, the regulation offers more flexibility for financial firms, allowing them to temporarily opt-out of claiming any activities as environmentally sustainable until 2027, provided they state so in their report.
Finally, there are clarifications regarding the criteria for determining whether an economic activity causes “no significant harm” concerning pollution, particularly related to chemical usage and relevant exemptions under EU law.
Commission Implementing Regulation (EU) 2026/65: Extending Anti-Dumping Duties on UAN Mixtures
This regulation extends the existing anti-dumping duties on imports of urea and ammonium nitrate (UAN) mixtures from Russia, Trinidad and Tobago, and the United States. It’s all about protecting EU producers from what the Commission sees as unfair competition.
Following an expiry review, the European Commission determined that dumping from these countries would likely continue or recur if the duties were allowed to expire, causing further injury to the EU industry. Therefore, the regulation maintains these duties to protect EU producers from unfair competition.
Importers need to pay attention to the specific duty rates that are set for companies in involved countries.
It also addresses the risk of circumvention of these duties, specifying invoice requirements for Russian companies to benefit from individual duty rates.
Review of each of legal acts published today:
Commission Delegated Regulation (EU) 2026/73 of 4 July 2025 amending Delegated Regulation (EU) 2021/2178 as regards the simplification of the content and presentation of information to be disclosed concerning environmentally sustainable activities and Delegated Regulations (EU) 2021/2139 and (EU) 2023/2486 as regards simplification of certain technical screening criteria for determining whether economic activities cause no significant harm to environmental objectives
This is a description of the Commission Delegated Regulation (EU) 2026/73.
**Essence of the Act:**
The regulation amends existing delegated regulations (EU) 2021/2178, (EU) 2021/2139, and (EU) 2023/2486 to simplify the disclosure requirements for environmentally sustainable activities and to ease certain technical screening criteria for determining whether economic activities cause no significant harm to environmental objectives. The goal is to reduce the reporting burden on companies while maintaining transparency for investors and the public. The regulation introduces materiality thresholds, clarifies criteria related to chemicals, and provides temporary flexibility for financial undertakings in complying with disclosure obligations.
**Structure and Main Provisions:**
The regulation is structured as a series of amendments to three existing delegated regulations:
* **Delegated Regulation (EU) 2021/2178:** This regulation specifies the content and presentation of information to be disclosed by companies regarding environmentally sustainable economic activities. The amendments introduce the concept of “non-material” activities, allowing companies to omit assessing the taxonomy-eligibility and alignment of activities below a certain financial threshold (10%). It also simplifies reporting templates and defers the application of certain reporting requirements for credit institutions until 2028. Financial institutions are given the option until the end of 2027 to not claim any activities as environmentally sustainable, provided they include a standard statement in their management report.
* **Delegated Regulations (EU) 2021/2139 and (EU) 2023/2486:** These regulations establish technical screening criteria for determining whether an economic activity contributes substantially to environmental objectives and whether it causes no significant harm to other environmental objectives. The amendments clarify the criteria for determining whether an economic activity causes no significant harm to pollution prevention and control, particularly regarding the use and presence of chemicals. It specifies the application of exemptions based on Union law, such as those related to ozone-depleting substances and hazardous substances in electrical and electronic equipment.
**Main Provisions for Practical Use:**
* **Materiality Threshold:** Companies can omit assessing the taxonomy-eligibility and alignment of activities that are not financially material (below 10% of the relevant KPI denominator). These non-material activities must be reported separately.
* **Simplified Reporting Templates:** The reporting templates for non-financial and financial undertakings have been significantly shortened and simplified.
* **Flexibility for Financial Undertakings:** Financial undertakings have the option to not use the standard templates and instead include a statement that they do not claim any activities as environmentally sustainable until the end of 2027.
* **Clarified DNSH Criteria for Chemicals:** The criteria for determining whether an economic activity causes no significant harm to pollution prevention and control regarding the use and presence of chemicals have been clarified, particularly concerning exemptions under Union law.
* **Deferred Application for Certain KPIs:** The application of reporting requirements related to the Trading Book KPI and Fees and Commission KPI for credit institutions is deferred until 2028.
* **Voluntary Disclosure:** Financial undertakings may include in their KPIs exposures to undertakings that voluntarily comply with the requirements laid down in Article 8 of Regulation (EU) 2020/852.
Commission Implementing Regulation (EU) 2026/65 of 6 January 2026 imposing a definitive anti-dumping duty on imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
Here’s a breakdown of the Commission Implementing Regulation (EU) 2026/65, designed to give you the key points:
**1. Essence of the Act:**
This regulation extends the existing anti-dumping duties on imports of urea and ammonium nitrate (UAN) mixtures from Russia, Trinidad and Tobago, and the United States. Following an expiry review, the European Commission determined that dumping from these countries would likely continue or recur if the duties were allowed to expire, causing further injury to the EU industry. Therefore, the regulation maintains these duties to protect EU producers from unfair competition.
**2. Structure and Main Provisions:**
* **Previous Measures:** The regulation refers back to the original anti-dumping duties imposed in 2019 and a decision not to suspend them in 2022.
* **Expiry Review:** It details the process of the expiry review, including the request, initiation, investigation period, and comments from interested parties.
* **Product Definition:** It confirms that the product under review (UAN mixtures) and the like product (produced in the EU) have the same characteristics and uses.
* **Dumping Analysis:** The regulation assesses dumping for each country individually, establishing normal values and export prices. For Russia, due to a lack of cooperation, the Commission relied on facts available.
* **Likelihood of Continued Dumping:** It analyzes the production capacity, spare capacity, and attractiveness of the EU market for each country to determine the likelihood of continued dumping if measures expire.
* **Injury Analysis:** The regulation examines the economic situation of the EU industry, including production, sales, market share, prices, and profitability, concluding that the industry has suffered material injury.
* **Causation:** It determines that the dumped imports from the countries concerned caused material injury to the EU industry.
* **Union Interest:** The regulation assesses whether maintaining the anti-dumping measures is in the overall interest of the EU, considering the interests of the EU industry, importers, and users.
* **Anti-Dumping Measures:** It imposes definitive anti-dumping duties with specific rates for companies in Russia, Trinidad and Tobago, and the United States of America. It also includes measures to prevent circumvention.
**3. Main Provisions for Practical Use:**
* **Duty Rates:** The regulation specifies the exact anti-dumping duty rates (in EUR per tonne) for different companies in Russia, Trinidad and Tobago, and the United States of America.
* **Invoice Requirement:** For Russian companies to benefit from individual duty rates, importers must present a valid commercial invoice with a specific declaration.
* **Circumvention:** The regulation warns that a significant increase in exports from Russian companies with lower duty rates could trigger an anti-circumvention investigation.
* **Name Changes:** Companies can request the application of individual duty rates if they change their name, subject to Commission approval.
