Review of EU Acts
Commission Implementing Regulation (EU) 2026/228: Update of NUTS Classification
This regulation updates the Nomenclature of Territorial Units for Statistics (NUTS) within the EU. In essence, it replaces the existing annexes of Regulation (EC) No 1059/2003 with a new, updated version that reflects changes in the territorial divisions of various Member States. This means that statistical data sent to Eurostat from January 1, 2027, must adhere to these new classifications. Businesses involved in regional statistics need to be aware of these changes to ensure they are compliant.
Commission Implementing Regulation (EU) 2026/227: Amendments to Poultry Import Restrictions
This act modifies the lists of third countries authorized to export poultry products to the EU, specifically Annexes V and XIV of Implementing Regulation (EU) 2021/404. These changes respond to recent outbreaks of highly pathogenic avian influenza (HPAI) in Canada, the United Kingdom, and the United States. New zones have been added, restricting or lifting imports from specific areas based on the latest disease information. This directly impacts which regions can export poultry and related products to the EU.
Commission Implementing Regulation (EU) 2026/171: Renewal of Fumaric Acid Authorisation as Feed Additive
This regulation renews the authorization of fumaric acid as a feed additive for all terrestrial animal species. It re-authorizes it for use as a preservative and flavouring compound in animal feed, while addressing safety concerns and specifying conditions for its use. Maximum content levels of fumaric acid in feed are outlined, along with the need to indicate storage conditions. Additionally, feed business operators must establish operational procedures and organisational measures to address potential risks.
Commission Implementing Regulation (EU) 2026/169: Reclassification of Bluetongue Virus Infection
This act modifies Implementing Regulation (EU) 2018/1882 by reclassifying infection with bluetongue virus (BTV) from a C+D+E disease to a D+E disease. The regulatory focus shifts to risk-mitigating measures applied to movements of live ruminants and germinal products between Member States. This should simplify the legal framework for BTV prevention and control.
Commission Implementing Regulation (EU) 2026/164: Renewal of Choline Chloride Authorisation as Feed Additive
This act renews the authorization for choline chloride as a feed additive for all animal species until February 16, 2036. This renewal comes with specific conditions for its use, such as the requirement for feed business operators to establish operational procedures and organizational measures to address potential risks to users of the additive and premixtures. It also specifies that simultaneous use of choline chloride in feed and water is not allowed.
Commission Implementing Regulation (EU) 2026/167: Renewal of Clinoptilolite Authorization as Feed Additive
This regulation renews the authorization of clinoptilolite of sedimentary origin as a feed additive until February 16, 2036, classified as a technological additive. The regulation sets a maximum content and requires feed business operators to establish operational procedures to address potential risks. The use of personal protective equipment is also mandated for safe handling.
Commission Implementing Regulation (EU) 2026/229: African Swine Fever – Amendment of Restricted Zones
This Regulation updates restricted zones related to African Swine Fever (ASF) within specific Member States. It modifies the existing zones based on new outbreaks in wild porcine animals and the evolving epidemiological situation. The new zoning designations dictate where certain disease control measures must be implemented.
Commission Implementing Regulation (EU) 2026/168: Renewal of Saccharomyces cerevisiae CBS 493.94 Authorisation as Feed Additive
This act renews the authorization of Saccharomyces cerevisiae CBS 493.94 as a zootechnical additive (gut flora stabilizer) for ruminants and provides new conditions for safety measures for users.
Commission Regulation (EU) 2026/176: Extension of Transitional Measures for MBM Export from Ireland
This act extends a derogation allowing Ireland to continue exporting Category 1 MBM to the United Kingdom for combustion until 30 June 2027.
Commission Regulation (EU) 2026/172: Inclusion of new flavouring substance
This act includes a new flavouring substance, 3-[3-(2-isopropyl-5-methyl-cyclohexyl)-ureido]-butyric acid ethyl ester (FL No 16.136), in the Union list of flavourings. Additionally, the Regulation corrects Chemical Abstracts Service registry numbers (CAS Nos) for four existing flavouring substances (FL Nos 08.017, 08.127, 16.041 and 16.132) to ensure accuracy.
Commission Regulation (EU) 2026/175: Inclusion of Hesperetin Dihydrochalcone in Flavourings List
This act adds hesperetin dihydrochalcone (FL No. 16.137) to the Union list of flavourings. Food manufacturers can now legally use this substance as a flavouring in the EU, provided they adhere to the specified maximum limits in the listed food categories.
Judgment of the Court of Justice in Case C-271/23: EU Position on Cannabis Scheduling
The Court found that Hungary failed to fulfil its obligations under Decision 2021/3, infringed the EU’s exclusive external competence under Article 3(2) TFEU, and acted in breach of the principle of sincere cooperation under Article 4(3) TEU by not aligning with the EU’s position on the scheduling of cannabis and cannabis-related substances.
Review of each of legal acts published today:
Commission Delegated Regulation (EU) 2026/195 of 13 November 2025 amending Regulation (EC) No 1059/2003 of the European Parliament and of the Council as regards the NUTS classification and the lists of existing administrative units and local administrative units
This act updates the classification of territorial units for statistics within the European Union, ensuring harmonized regional statistics. It replaces the annexes of Regulation (EC) No 1059/2003 with a new text that reflects changes in the territorial division of several Member States. The updated classification will be used for data transmission to Eurostat starting from January 1, 2027.
The regulation consists of two articles and an annex. Article 1 stipulates that the annexes to Regulation (EC) No 1059/2003 are replaced by the text in the annex to this regulation. Article 2 defines the date of entry into force and the date of application of the regulation. The annex contains the updated NUTS classification (Nomenclature of Territorial Units for Statistics) for each Member State, including NUTS levels 1, 2, and 3, as well as the lists of existing administrative units and local administrative units. Compared to the previous version (Commission Delegated Regulation (EU) 2023/674), this regulation incorporates changes in the territorial division of several Member States.
The most important provision is Article 1, which replaces the annexes of the original regulation with updated territorial classifications. This means that all statistical data transmitted to Eurostat from January 1, 2027, must adhere to the new classifications outlined in the annex. Businesses and organizations involved in regional statistics and data reporting within the EU need to be aware of these changes to ensure compliance.
Commission Implementing Regulation (EU) 2026/227 of 26 January 2026 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries, territories, or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry, and of fresh meat of poultry and game birds
This Commission Implementing Regulation (EU) 2026/227 amends Annexes V and XIV to Implementing Regulation (EU) 2021/404, specifically concerning the lists of third countries authorized for the entry into the Union of poultry, germinal products of poultry, and fresh meat of poultry and game birds. The regulation responds to recent outbreaks of highly pathogenic avian influenza (HPAI) in Canada, the United Kingdom, and the United States. It adjusts the authorized zones for these countries based on the latest epidemiological information and control measures implemented.
The regulation modifies Annex V, which lists third countries authorized for the entry of poultry and germinal products, and Annex XIV, which lists those authorized for fresh meat of poultry and game birds. The amendments involve adding new restricted zones due to recent HPAI outbreaks in Canada, the United Kingdom, and the United States, as well as updating existing entries for the United Kingdom to reflect the current disease status. These changes mean that certain regions within these countries are either newly prohibited or have had their restrictions lifted regarding the export of poultry products to the EU.
The most important provisions of this regulation are the specific changes to the lists in Annexes V and XIV. For Canada, new zones CA-2.326 and CA-2.327 are added, restricting imports from specific areas in Quebec. For the United Kingdom, zones GB-2.460 to GB-2.463 are added, and the restrictions for zones GB-2.416, GB-2.418 and GB-2.419 are lifted. For the United States, zones US-2.1237 to US-2.1240 are added, restricting imports from specific areas in Colorado and Minnesota. These changes directly impact which regions can export poultry and related products to the EU, based on the presence or absence of HPAI outbreaks.
Commission Implementing Regulation (EU) 2026/171 of 26 January 2026 concerning the renewal of the authorisation of fumaric acid as a feed additive for all terrestrial animal species, repealing Implementing Regulation (EU) No 1078/2013 and amending Implementing Regulation (EU) 2017/56
This Commission Implementing Regulation (EU) 2026/171 concerns the renewal of the authorisation of fumaric acid as a feed additive for all terrestrial animal species. It re-authorizes fumaric acid for use as a preservative and flavouring compound in animal feed, while addressing safety concerns and specifying conditions for its use. The regulation repeals the previous Implementing Regulation (EU) No 1078/2013 and amends Implementing Regulation (EU) 2017/56 to reflect the updated authorisation.
The regulation consists of 5 articles and an annex. Article 1 renews the authorisation of fumaric acid as a feed additive under specific conditions outlined in the annex. Article 2 repeals Implementing Regulation (EU) No 1078/2013, which previously authorised fumaric acid for all animal species. Article 3 amends Implementing Regulation (EU) 2017/56, limiting the authorisation of fumaric acid to aquatic animal species only. Article 4 outlines transitional measures for products containing fumaric acid that were produced and labelled before the new regulation takes effect. Article 5 states that the regulation will enter into force twenty days after its publication in the Official Journal of the European Union. The Annex specifies the conditions of use, including maximum content levels, for fumaric acid as a preservative and flavouring compound for different terrestrial animal species. Compared to previous regulations, this act narrows the scope of authorisation to terrestrial animals, introduces specific safety measures for users of the additive, and provides detailed analytical methods for determining fumaric acid content.
The most important provisions for users include the maximum content levels of fumaric acid in feed, the requirement to indicate storage conditions and heat treatment stability, and the contraindication of simultaneous use with other organic acids at or near maximum permitted content. Additionally, feed business operators must establish operational procedures and organisational measures to address potential risks, including the use of personal protective equipment where risks cannot be eliminated. The transitional measures are also crucial, allowing for the continued use of products produced and labelled under the old rules for a limited time to exhaust existing stocks.
Commission Implementing Regulation (EU) 2026/169 of 26 January 2026 amending the Annex to Implementing Regulation (EU) 2018/1882 concerning the categorisation of infection with bluetongue virus (serotypes 1-24) as a listed disease
This Commission Implementing Regulation (EU) 2026/169 amends Implementing Regulation (EU) 2018/1882 regarding the categorization of infection with bluetongue virus (BTV). The key change involves reclassifying BTV infection from a C+D+E disease to a D+E disease. This adjustment reflects a revised understanding of the disease profile and the effectiveness of control measures. The regulation aims to simplify the legal framework for BTV prevention and control, focusing on EU-level risk management through measures applied to the movement of live ruminants and their germinal products between Member States.
The regulation consists of a preamble outlining the reasons for the amendment and two articles. Article 1 modifies the Annex to Implementing Regulation (EU) 2018/1882 by replacing the row for bluetongue virus (serotypes 1-24), changing its category from “C+D+E” to “D+E” and listing susceptible animal species (Antilocapridae, Bovidae, Camelidae, Cervidae, Giraffidae, Moschidae, Tragulidae) and vectors (Culicoides spp.). Article 2 specifies that the regulation will enter into force twenty days after its publication in the Official Journal of the European Union and will apply from 15 July 2026.
The most important provision is the reclassification of infection with BTV from category C+D+E to D+E. This change means that the special disease control measures previously applied under category C are no longer deemed feasible or effective for BTV. The focus shifts to risk-mitigating measures applied to movements of live ruminants and germinal products between Member States, simplifying the regulatory framework and potentially reducing the burden of control measures on Member States.
Commission Implementing Regulation (EU) 2026/164 of 26 January 2026 concerning the renewal of the authorisation of an aqueous solution of choline chloride and a preparation of choline chloride as feed additives for all animal species and repealing Implementing Regulation (EU) No 795/2013
This Commission Implementing Regulation (EU) 2026/164 renews the authorization for choline chloride as a feed additive for all animal species. It covers both an aqueous solution and a preparation of choline chloride, classifying them as nutritional additives under the functional group of vitamins, pro-vitamins, and chemically well-defined substances with similar effects. The regulation repeals the previous Implementing Regulation (EU) No 795/2013, which initially authorized choline chloride.
The regulation consists of four articles and an annex. Article 1 renews the authorization of the aqueous solution and the preparation of choline chloride, subject to the conditions laid down in the annex. Article 2 repeals Implementing Regulation (EU) No 795/2013. Article 3 provides transitional measures, allowing the continued use and marketing of products produced and labeled under the old rules for a limited time. Article 4 states that the regulation will enter into force twenty days after its publication in the Official Journal of the European Union. The annex specifies the conditions of use, including composition, analytical methods, and other provisions, and sets the end of the authorization period as 16 February 2036. The main change from the previous regulation is a more precise description of the authorized preparations containing choline chloride and the assignment of different identification numbers for the aqueous solution and the preparation.
The key provisions of this regulation include the renewed authorization of choline chloride as a feed additive until February 16, 2036, and the specific conditions for its use, such as the requirement for feed business operators to establish operational procedures and organizational measures to address potential risks to users of the additive and premixtures. It also specifies that simultaneous use of choline chloride in feed and water is not allowed, and provides labeling requirements for feed containing choline chloride for poultry and pigs.
Commission Implementing Regulation (EU) 2026/167 of 26 January 2026 concerning the renewal of the authorisation of clinoptilolite of sedimentary origin as a feed additive for all animal species and repealing Implementing Regulation (EU) No 651/2013
This Commission Implementing Regulation (EU) 2026/167 renews the authorization of clinoptilolite of sedimentary origin as a feed additive for all animal species. The additive is classified as a technological additive, functioning as both a binder and an anticaking agent. The regulation repeals the previous Implementing Regulation (EU) No 651/2013, which initially authorized the substance. The renewed authorization is valid until 16 February 2036.
The regulation consists of three articles and an annex. Article 1 renews the authorization of clinoptilolite of sedimentary origin, outlining that it falls under the category of ‘technological additives’ and functions as ‘binders’ and ‘anticaking agents’, subject to the conditions specified in the annex. Article 2 repeals Implementing Regulation (EU) No 651/2013, which previously authorized the feed additive. Article 3 states that the regulation will come into force twenty days after its publication in the Official Journal of the European Union. The annex specifies the conditions of use, including the composition, description, analytical method, and maximum content of the additive. It also includes specific provisions for the safe handling and use of the additive to protect workers.
The key provisions of this regulation include the renewed authorization of clinoptilolite of sedimentary origin as a feed additive until February 16, 2036, and the specified conditions for its use. The regulation sets a maximum content of 10,000 mg/kg of complete feed with a moisture content of 12% and requires feed business operators to establish operational procedures and organizational measures to address potential risks to users of the additive. It also mandates the use of personal protective equipment, including skin and breathing protection, where risks cannot be eliminated or minimized.
Commission Implementing Regulation (EU) 2026/229 of 26 January 2026 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special disease control measures for African swine fever
Here’s a breakdown of the Commission Implementing Regulation (EU) 2026/229:
**1. Essence of the Act:**
This regulation amends Annex I of Implementing Regulation (EU) 2023/594, which outlines special disease control measures for African swine fever (ASF). The amendment involves updating the lists of restricted zones (I, II, and III) within specific Member States due to the evolving epidemiological situation of ASF. The changes are based on new outbreaks in wild porcine animals and improvements in the situation in certain areas regarding kept porcine animals.
**2. Structure and Main Provisions:**
* **Article 1:** This is the core of the regulation, stating that Annex I of Implementing Regulation (EU) 2023/594 is replaced entirely by the text provided in the Annex to this new regulation. This means all previous restricted zones are superseded by the updated list.
* **Article 2:** Specifies that the regulation comes into force the day after its publication in the Official Journal of the European Union. This indicates the urgency of these measures.
* **Annex:** This section contains the updated list of restricted zones I, II, and III for various Member States. The annex is divided into three parts, each listing the restricted zones.
**Changes Compared to Previous Versions:**
The regulation modifies the restricted zones in several Member States, including:
* **Croatia, Hungary, Poland and Slovakia:** Changes to restricted zones due to new outbreaks of African swine fever in wild porcine animals.
* **Estonia, Latvia, Lithuania and Poland:** Certain areas previously listed as restricted zones III are now listed as restricted zones II due to the absence of African swine fever outbreaks in kept porcine animals.
**3. Main Provisions Important for Use:**
* **Geographic Scope:** The regulation directly impacts Member States listed in Annex I. It is crucial for these countries to understand the updated zoning to implement appropriate disease control measures.
* **Restricted Zone Definitions:** The specific geographic descriptions of the restricted zones (using administrative boundaries, roads, etc.) are essential for accurate implementation. Authorities and individuals need to be able to clearly identify which areas are subject to specific restrictions.
* **Disease Control Measures:** This regulation triggers the application of specific disease control measures as outlined in Implementing Regulation (EU) 2023/594 within the newly defined restricted zones.
* **Entry into Force:** The immediate entry into force emphasizes the need for rapid action by Member States to implement the updated zoning and associated control measures.
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Commission Implementing Regulation (EU) 2026/168 of 26 January 2026 concerning the renewal of the authorisation of a preparation of Saccharomyces cerevisiae CBS 493.94 as a feed additive for ruminants for milk production or reproduction, young ruminants for fattening except lambs for fattening and ruminants for fattening except sheep for fattening (holder of authorisation: All-Technology (Ireland) Limited [Alltech Ireland]) and repealing Implementing Regulation (EU) No 1109/2014
This Commission Implementing Regulation (EU) 2026/168 concerns the renewal of the authorization for the feed additive Saccharomyces cerevisiae CBS 493.94, used for ruminants. The additive is intended for milk production, reproduction, and fattening purposes, excluding lambs and sheep for fattening. The regulation also repeals the previous Implementing Regulation (EU) No 1109/2014 which initially authorized the additive.
The regulation consists of three articles and an annex. Article 1 renews the authorization of Saccharomyces cerevisiae CBS 493.94 as a zootechnical additive (gut flora stabilizer), subject to the conditions in the annex. Article 2 repeals Implementing Regulation (EU) No 1109/2014. Article 3 states the regulation’s entry into force 20 days after its publication in the Official Journal of the European Union. The annex specifies details such as the additive’s composition, analytical methods, target animal species, and usage conditions. The main change is the extension of the authorization period for another 10 years, with some updated safety measures for users.
The most important provisions for users are in the Annex, which specifies the conditions of use. It includes the identification number, name of the authorization holder, additive name, composition, analytical method, target animal species, and minimum/maximum content. It also mandates that feed business operators establish operational procedures and organizational measures to address potential risks. The regulation requires the use of personal protective equipment (eye protection in prills form, breathing and skin protection) where risks cannot be eliminated through procedures and measures.
Commission Regulation (EU) 2026/176 of 26 January 2026 amending Regulation (EU) No 142/2011 as regards transitional measures for export of meat-and-bone meal as a fuel for combustion
This Commission Regulation (EU) 2026/176 amends Regulation (EU) No 142/2011, specifically concerning transitional measures for the export of meat-and-bone meal (MBM) intended for use as fuel in combustion plants. The regulation extends a derogation allowing Ireland to continue exporting Category 1 MBM to the United Kingdom for combustion. This extension is granted due to delays in the construction of MBM combustion plants within Ireland.
The regulation consists of two articles and an annex. Article 1 states that Annex XIV to Regulation (EU) No 142/2011 is amended in accordance with the Annex to this regulation. Article 2 defines the date of entry into force of the regulation and the date from which it applies. The Annex modifies Chapter V of Annex XIV to Regulation (EU) No 142/2011 by extending the period during which Ireland can export Category 1 MBM to the UK for combustion until 30 June 2027. This is a further extension of the previously granted transitional periods established by Regulations (EU) 2021/899 and (EU) 2023/2613.
The most important provision of this regulation is the extension of the transitional period, allowing Ireland to continue exporting Category 1 MBM to the UK for combustion until 30 June 2027. This derogation is conditional on the competent authority of Ireland authorizing the export and on the condition that such movements of MBM of Category 1 materials intended for disposal have taken place from that Member State prior to 1 January 2021 under the conditions laid down in Article 6(6), (7) and (8) of Regulation 142/2011. This extension provides Ireland with additional time to complete the construction of its own combustion facilities.
Commission Regulation (EU) 2026/172 of 26 January 2026 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the inclusion of 3-[3-(2-isopropyl-5-methyl-cyclohexyl)-ureido]-butyric acid ethyl ester in the Union list of flavourings and correcting certain CAS numbers
This Commission Regulation (EU) 2026/172 amends Annex I to Regulation (EC) No 1334/2008, which concerns flavourings in food. The key change is the inclusion of a new flavouring substance, 3-[3-(2-isopropyl-5-methyl-cyclohexyl)-ureido]-butyric acid ethyl ester (FL No 16.136), in the Union list of flavourings. Additionally, the Regulation corrects Chemical Abstracts Service registry numbers (CAS Nos) for four existing flavouring substances (FL Nos 08.017, 08.127, 16.041 and 16.132) to ensure accuracy.
The Regulation consists of three articles and two annexes. Article 1 introduces Annex I, which adds the new flavouring substance to the Union list in Regulation (EC) No 1334/2008. Article 2 introduces Annex II, which corrects the CAS numbers for the four mentioned flavouring substances. Article 3 states the regulation’s entry into force, which is the twentieth day following its publication in the Official Journal of the European Union. Compared to the previous version of Annex I to Regulation (EC) No 1334/2008, this regulation adds a new permitted flavouring and corrects errors in existing identification numbers.
The most important provisions for practical use are found in Annex I, which specifies the food categories in which the new flavouring substance (FL No 16.136) can be used and sets maximum limits for its concentration in those categories. Food producers and regulatory bodies should take note of these limits to ensure compliance. Additionally, the corrected CAS numbers in Annex II are crucial for accurate identification and tracking of the listed flavouring substances.
Commission Regulation (EU) 2026/175 of 26 January 2026 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the inclusion of hesperetin dihydrochalcone in the Union list of flavourings
This Commission Regulation (EU) 2026/175 amends Annex I to Regulation (EC) No 1334/2008 to include hesperetin dihydrochalcone in the Union list of flavourings. This inclusion follows an application for authorization and a safety evaluation by the European Food Safety Authority (EFSA), which concluded that the use of hesperetin dihydrochalcone as a flavouring substance does not raise safety concerns under the specified conditions. As a result, the regulation updates the list of approved flavourings to reflect this new authorization.
The regulation consists of two articles and an annex. Article 1 states that Annex I to Regulation (EC) No 1334/2008 is amended in accordance with the Annex to this Regulation. Article 2 specifies that the regulation will enter into force on the twentieth day following its publication in the Official Journal of the European Union and confirms its binding and directly applicable nature in all Member States. The Annex adds hesperetin dihydrochalcone (FL No. 16.137) to Part A, Section 2, Table 1 of Annex I to Regulation (EC) No 1334/2008, specifying its permitted use in various food categories with a maximum limit of 10 mg/kg.
The most important provision of this act is the inclusion of hesperetin dihydrochalcone (FL No. 16.137) in the Union list of flavourings with specific conditions of use. This means that food manufacturers can now legally use this substance as a flavouring in the EU, provided they adhere to the specified maximum limits in the listed food categories. The regulation also references the EFSA opinion, indicating that the safety of this flavouring has been assessed and approved under these conditions.
Judgment of the Court (Grand Chamber) of 27 January 2026.European Commission v Hungary.Failure of a Member State to fulfil obligations – Article 258 TFEU – Admissibility – Decision (EU) 2021/3 – Position to be taken, on behalf of the European Union, at the reconvened sixty-third session of the Commission on Narcotic Drugs, established by the United Nations Economic and Social Council, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971 – Position and vote of a Member State, both being contrary to that position of the European Union – Article 4(3) TEU – Principle of sincere cooperation – Effects of the alleged conduct as at the date of expiry of the deadline laid down in the reasoned opinion – Ongoing effects on the unity and consistency of the European Union’s international action – Article 3(2) TFEU – Exclusive external competence – Effect on common rules or alteration of their scope – Plea of illegality raised in the defence – Inadmissibility.Case C-271/23.
This is the judgment of the Court of Justice of the European Union (Grand Chamber) in Case C-271/23, concerning an action brought by the European Commission against Hungary for failure to fulfil its obligations under EU law. The case revolves around Hungary’s conduct at the reconvened sixty-third session of the Commission on Narcotic Drugs, where it did not align with the EU’s position on the scheduling of cannabis and cannabis-related substances.
The judgment is structured as follows: It begins by outlining the legal context, including relevant international law (the Convention on Narcotic Drugs and the Convention on Psychotropic Substances) and EU law (Framework Decision 2004/757 and Decision 2021/3). It then describes the background to the dispute, the pre-litigation procedure, and the procedure before the Court. The core of the judgment addresses the admissibility and substance of the Commission’s action, which includes complaints about Hungary’s infringement of the EU’s position, its exclusive external competence, and the principle of sincere cooperation. Finally, it addresses the issue of costs.
The key provisions of the judgment are:
1. **Decision 2021/3**: This Council Decision established the EU’s position on the scheduling of cannabis and cannabis-related substances at the UN Commission on Narcotic Drugs. It mandated Member States to act jointly in the EU’s interest.
2. **Article 3(2) TFEU**: This article defines the EU’s exclusive external competence, which the Commission argues was infringed by Hungary’s actions.
3. **Article 4(3) TEU**: This article enshrines the principle of sincere cooperation, which the Commission claims Hungary breached.
4. **Framework Decision 2004/757**: This framework decision lays down minimum provisions on criminal acts and penalties in the field of illicit drug trafficking, and its scope is directly linked to the schedules of the international conventions on narcotic drugs and psychotropic substances.
The Court found that Hungary failed to fulfil its obligations under Decision 2021/3, infringed the EU’s exclusive external competence under Article 3(2) TFEU, and acted in breach of the principle of sincere cooperation under Article 4(3) TEU. The Court dismissed Hungary’s plea of illegality regarding Decision 2021/3, stating that Hungary should have challenged the decision directly through an action for annulment within the prescribed time limits. The Court ordered Hungary to pay the costs of the proceedings.
