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    Review of the EU legislation for 07/02/2026


    Legal Act Summaries

    Review of Commission Delegated Regulation (EU) 2026/305

    This regulation supplements EMIR, focusing on the operational and reporting obligations for counterparties actively clearing derivative contracts. It mandates specific operational standards, requiring counterparties to maintain functional accounts and adequate resources. The regulation introduces the concept of “most relevant subcategories” of derivatives and specifies how counterparties should demonstrate compliance, particularly for interest rate derivatives denominated in euro or Polish zloty, and short-term interest rate derivatives denominated in euro. Central to the regulation are the reporting requirements, which compel counterparties to provide detailed information to competent authorities via standardized templates, ensuring effective monitoring of compliance.

    Review of Commission Delegated Regulation (EU) 2026/1

    This regulation amends Regulation (EU) 2021/2115 regarding the allocation of funds under the Common Agricultural Policy (CAP). It adjusts the financial allocations for direct payments and rural development support for Czechia, Denmark, France, the Netherlands, and Slovakia. The modifications reflect decisions by these countries to redistribute funds between direct payments and the European Agricultural Fund for Rural Development (EAFRD). The amendments are detailed in replacement tables within the regulation’s annex, providing updated figures for the calendar years 2023-2027.

    Review of Commission Implementing Regulation (EU) 2026/274

    This regulation amends Implementing Regulation (EU) 2025/1981, introducing a significant change in anti-dumping duties on ceramic tableware and kitchenware from China. Previously, individual anti-dumping duties were applied to specific Chinese producers. Now, a country-wide duty of 79.0% is imposed on all imports of these products from China. This shift results from an expiry review and partial interim review, citing the structure of the Chinese ceramic industry and the difficulties in enforcing individual duty rates. All importers now face a uniform duty, simplifying the application and enforcement of anti-dumping measures.

    Review of Commission Implementing Regulation (EU) 2026/276

    This regulation imposes definitive anti-dumping duties on imports of certain prepared or preserved sweetcorn in kernels originating in the People’s Republic of China. It follows an investigation into dumping practices and injury to the Union industry. The regulation imposes specific anti-dumping duty rates for named Chinese producers and a rate for “other cooperating companies” and “all other imports” from China. To benefit from individual duty rates, a specific commercial invoice with a signed declaration must be presented. Provisional duties are definitively collected, and the regulation allows for the addition of new exporting producers from China to be subject to the anti-dumping duty rate for cooperating companies, provided they meet certain conditions.

    Review of Commission Implementing Regulation (EU) 2026/277

    This regulation grants a Union authorisation for the biocidal product family named ‘Hydrogen Peroxide Group’, covering disinfectants, algaecides, and veterinary hygiene products. These products contain hydrogen peroxide as the active substance and are authorised for use in product-types 2, 3, and 4, which do not involve direct application to humans or animals and are used in the food and feed area. The authorisation is valid from February 26, 2026, to January 31, 2036, and the regulation specifies detailed conditions for the products’ market availability and usage. The annex outlines essential details such as authorized uses, application rates, safety instructions, and risk mitigation measures, including necessary personal protective equipment.

    Review of each of legal acts published today:

    Commission Delegated Regulation (EU) 2026/305 of 29 October 2025 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards specifying the operational conditions, the representativeness obligation and the reporting requirements related to the active account requirement

    COMMISSION DELEGATED REGULATION (EU) 2026/305 outlines the operational conditions, representativeness obligations, and reporting requirements for counterparties needing to maintain an active account for clearing certain derivative contracts, supplementing Regulation (EU) No 648/2012 (EMIR). It aims to ensure that these counterparties have the necessary arrangements and capabilities to manage their clearing activities effectively, particularly concerning interest rate derivatives denominated in euro or Polish zloty, and short-term interest rate derivatives denominated in euro. The regulation specifies how counterparties should demonstrate their compliance with the active account requirement, including having functional accounts, sufficient systems and resources, and ensuring that trades cleared in the active account are representative of their overall trading activity. It also sets out reporting obligations for counterparties to provide competent authorities with the necessary information to assess compliance.

    The regulation is structured into three chapters and two annexes.

    * **Chapter I (Operational Conditions)** details the requirements for contractual arrangements, policies, procedures, and IT connectivity to ensure the active account is functional (Article 1). It also specifies the operational capacity needed to support a large increase in clearing activity (Article 2) and mandates annual stress-testing of these operational conditions (Article 3).
    * **Chapter II (Representativeness Obligation)** defines how counterparties should meet the representativeness obligation for interest rate OTC derivatives denominated in euro (Article 4) and Polish zloty (Article 5), as well as for short-term interest rate derivatives denominated in euro (Article 6). It specifies the relevant subcategories of derivatives and the reference periods for determining the most relevant subcategories.
    * **Chapter III (Reporting Requirements)** outlines the information counterparties must report to their competent authorities, including aggregate thresholds for assessing compliance (Article 7), information on the operational conditions of the active account (Article 8), and details on meeting the representativeness obligation (Article 9). It also specifies the reporting arrangements and deadlines (Article 10).
    * **Annex I** provides tables detailing the classes of derivatives and relevant subcategories for the representativeness obligation.
    * **Annexes II and III** contain the templates for reporting information to competent authorities.

    Compared to previous versions or the primary EMIR regulation, this delegated regulation provides specific details on how counterparties should implement and demonstrate compliance with the active account requirement. It introduces the concept of “most relevant subcategories” for derivatives and sets out specific reference periods and reporting obligations to ensure compliance can be effectively monitored.

    The most important provisions for its use are:

    * **Articles 1, 2, and 3**, which outline the specific operational conditions that counterparties must meet, including having contractual arrangements, internal systems, and sufficient resources to support clearing activities.
    * **Articles 4, 5, and 6**, which define the representativeness obligation and specify how counterparties should select the most relevant subcategories of derivatives to clear in their active accounts.
    * **Articles 7, 8, 9, and 10**, which detail the reporting requirements and deadlines for providing information to competent authorities, including the use of specific templates provided in the annexes.

    Commission Delegated Regulation (EU) 2026/1 of 1 December 2025 amending Regulation (EU) 2021/2115 of the European Parliament and of the Council as regards Member States’ allocations for direct payments and the annual breakdown by Member State of the Union support for rural development

    This Commission Delegated Regulation (EU) 2026/1 amends Regulation (EU) 2021/2115, specifically concerning the allocation of funds for direct payments and rural development support among Member States. The changes are due to certain countries’ decisions to adjust the distribution of their funds between direct payments and the European Agricultural Fund for Rural Development (EAFRD). This regulation adjusts the financial figures for Czechia, Denmark, France, the Netherlands, and Slovakia to reflect these changes.

    The regulation consists of two articles and an annex. Article 1 states that Annexes V, IX, and XI of Regulation (EU) 2021/2115 are amended according to the details in the Annex of this new regulation. Article 2 specifies that the regulation will come into force the day after its publication in the Official Journal of the European Union and will be applied starting from January 1, 2026. The Annex provides replacement tables for specific countries within Annexes V, IX, and XI of the original regulation, detailing the revised allocations for direct payments and rural development support.

    The main provisions of this act alter the amounts allocated to specific Member States for direct payments and rural development. For example, it changes the amounts listed for Czechia, Denmark, France, the Netherlands, and Slovakia in Annexes V and IX for the calendar years 2023-2027. Similarly, Annex XI is modified to reflect updated annual breakdowns for rural development support for the years 2023-2027, including the total amounts for EU-27 and the overall total. These updated figures are crucial for the financial planning and implementation of the Common Agricultural Policy (CAP) in the involved Member States.

    Commission Implementing Regulation (EU) 2026/274 of 5 February 2026 amending Implementing Regulation (EU) 2025/1981 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council, following a partial interim review pursuant to Article 11(3) of Regulation (EU) 2016/1036

    This Commission Implementing Regulation (EU) 2026/274 amends Implementing Regulation (EU) 2025/1981, which imposed a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China. The amendment follows both an expiry review and a partial interim review of the existing anti-dumping measures. The key change introduced by this regulation is the replacement of individual anti-dumping duties for specific Chinese producers with a country-wide duty applied to all imports of ceramic tableware and kitchenware from China.

    The regulation details the procedures and findings of the dumping investigation, including the determination of normal value, export price, and dumping margins. It addresses comments from interested parties, such as exporting producers and importers, and justifies the methodology used for calculating dumping margins. The regulation also explains the reasons for switching from individual to country-wide duties, citing the structure of the Chinese ceramic industry and the impracticability of enforcing individual duty rates.

    The most important provision of this act is Article 1, which replaces the previous duty scheme with a single, definitive anti-dumping duty rate of 79.0% for all ceramic tableware and kitchenware originating in the People’s Republic of China. This change means that all importers of these products from China will now be subject to the same duty rate, regardless of the specific producer.

    Commission Implementing Regulation (EU) 2026/276 of 5 February 2026 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain prepared or preserved sweetcorn in kernels, originating in the People’s Republic of China

    This is Commission Implementing Regulation (EU) 2026/276, which imposes a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in the People’s Republic of China. This regulation also finalizes the collection of provisional duties that were previously imposed. The decision follows an investigation into dumping practices and resulting injury to the Union industry.

    The regulation is structured as follows: It begins by outlining the procedure, including the initiation of the investigation, registration of imports, and imposition of provisional measures. It then defines the product under investigation and the like product. A significant portion of the regulation is dedicated to the determination of dumping, including the normal value, export price, and comparison, leading to the calculation of dumping margins. Following this, the regulation addresses the injury to the Union industry, examining various economic indicators and concluding on the causation between the dumped imports and the injury suffered. Finally, it determines the level of measures, considers the Union interest, and sets out the definitive anti-dumping measures.

    Key provisions of the regulation include:

    * **Imposition of Definitive Anti-Dumping Duties:** It establishes specific anti-dumping duty rates for named Chinese producers (Sunflower Group and Zhangzhou Tongfa Foods Industry Co., Ltd) and sets a rate for “other cooperating companies” and “all other imports” from China.
    * **Conditions for Individual Duty Rates:** The application of individual duty rates is conditional upon the presentation of a specific commercial invoice with a signed declaration certifying the origin and manufacturer of the goods.
    * **Collection of Provisional Duties:** Amounts secured by way of provisional anti-dumping duties are definitively collected, with any excess amounts to be released.
    * **Amendment for New Exporting Producers:** The regulation allows for the addition of new exporting producers from China to be subject to the anti-dumping duty rate for cooperating companies, provided they meet certain conditions.
    * **No Retroactive Collection:** The Commission decided not to apply the duties retroactively because there was no further substantial rise in imports during the investigation.

    Commission Implementing Regulation (EU) 2026/277 of 5 February 2026 granting a Union authorisation for the biocidal product family Hydrogen Peroxide Group in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council

    This Commission Implementing Regulation (EU) 2026/277 grants a Union authorisation for the biocidal product family named ‘Hydrogen Peroxide Group’. The authorisation, held by ARKEMA FRANCE, covers product-types 2, 3, and 4, which include disinfectants and algaecides not intended for direct application to humans or animals, veterinary hygiene products, and products used in the food and feed area. The active substance in these products is hydrogen peroxide. The regulation specifies the conditions for making these products available on the market and for their use within the European Union.

    The structure of the regulation is straightforward: it consists of two articles and an annex. Article 1 grants the Union authorisation and specifies its validity period, from February 26, 2026, to January 31, 2036. Article 2 states that the regulation will enter into force twenty days after its publication in the Official Journal of the European Union and ensures its binding and direct applicability in all Member States. The annex provides a detailed summary of the biocidal product characteristics, including administrative information, product family composition, hazard and precautionary statements, authorized uses, general directions for use, and other relevant information. The annex is divided into three parts, providing increasing levels of detail about the product family and its individual products.

    The most important provisions for users are found in the annex, which details the authorized uses for each product type, the required application rates and frequencies, specific instructions for use, and risk mitigation measures. It is crucial for users to adhere to the specified personal protective equipment (PPE) requirements, such as respiratory protective equipment, chemical-resistant gloves, and eye protection, to ensure safe handling and application of the products. Additionally, the conditions of storage and shelf-life, as well as instructions for safe disposal of the product and its packaging, are important for maintaining the product’s efficacy and minimizing environmental impact.

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