Skip to content Skip to sidebar Skip to footer

Review of the EU legislation for 09/11/2024

Here’s a comprehensive review of the four significant legal acts:

1. Correction to Merger Control Forms

Technical corrections to EU merger notification forms, including new 500-word limit for non-confidential summaries, updated definition of affected markets, and modified requirements for market share calculations. The changes improve precision in reporting requirements for mergers and acquisitions, particularly regarding joint ventures and market overlap information.

2. Emergency Procedures Regulation

Modifies six EU regulations to enable faster market access during crises. Introduces priority processing for crisis-relevant goods, allows temporary national authorizations without full conformity assessment, and establishes alternative safety compliance methods. Includes special provisions for product labeling and enhanced market surveillance during emergencies.

3. Internal Market Emergency and Resilience Act (IMERA)

Creates a comprehensive crisis management framework with three levels: contingency planning, vigilance mode, and emergency mode. Establishes coordination board, requires Member States to designate contact points, enables priority production requests for critical goods, and creates joint procurement framework. Excludes specific sectors like medical products and semiconductors.

4. Product Safety Emergency Procedures Directive

Amends ten EU Directives to establish emergency procedures for product safety during market crises. Enables expedited market access for crisis-relevant goods through prioritized conformity assessments and temporary authorizations. Introduces alternative conformity demonstration methods and enhanced surveillance mechanisms during emergencies.

Review of each of legal acts published today:

Commission Implementing Regulation (EU) 2024/2776 of 31 October 2024 correcting Implementing Regulation (EU) 2023/914 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings and repealing Commission Regulation (EC) No 802/2004

This Regulation corrects several inaccuracies found in the notification forms contained in the Annexes to Commission Implementing Regulation (EU) 2023/914, which deals with the control of concentrations between undertakings. The corrections aim to ensure precise and accurate information requirements for merger notifications in the EU.The act makes technical amendments to three annexes of Regulation 2023/914:

  • Annex I – corrections to definitions, introduction of new requirements for non-confidential summaries, and updates to tables regarding market shares and horizontal overlaps
  • Annex II – modifications to notification tables, turnover information requirements, and clarifications regarding joint ventures
  • Annex III – amendments to definitions and submission requirements

Key provisions include:

  • Updated definition of ‘affected markets’ in relation to parties’ activities overlap
  • New requirements for non-confidential summaries limited to 500 words for publication
  • Modified thresholds and conditions for market share calculations in horizontal and vertical relationships
  • Clarified requirements for information about marketed products and pipeline products
  • Updated forms and tables for merger notifications with specific focus on joint ventures and market share information

Regulation (EU) 2024/2748 of the European Parliament and of the Council of 9 October 2024 amending Regulations (EU) No 305/2011, (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2023/988 and (EU) 2023/1230 as regards emergency procedures for the conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency (Text with EEA relevance)

This Regulation amends several EU regulations to establish emergency procedures for product conformity assessment and market surveillance during internal market emergencies. The key aspects include:The Regulation introduces changes to six existing EU regulations covering construction products, cableway installations, personal protective equipment, gas appliances, general product safety, and machinery to enable faster market access for crisis-relevant goods during emergencies while maintaining safety standards.The main provisions establish:

  • Priority processing of conformity assessments for crisis-relevant goods by notified bodies
  • Temporary national authorizations for placing products on the market without full conformity assessment procedures
  • Alternative ways to demonstrate product safety compliance through national or international standards
  • Enhanced market surveillance and cooperation between national authorities
  • Special labeling and traceability requirements for crisis-relevant goods

The Regulation aims to provide flexibility during crises while preserving the integrity of the CE marking system and maintaining consumer confidence in product safety. It establishes parallel emergency procedures that can be activated during internal market emergencies to ensure critical products can reach the market more quickly when needed.

Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) (Text with EEA relevance)

The Internal Market Emergency and Resilience Act (IMERA) establishes a framework for anticipating, preparing for and responding to crises affecting the EU internal market. It aims to safeguard the free movement of goods, services and persons, ensure availability of critical goods and services, and prevent obstacles to the proper functioning of the internal market during emergencies.The Act creates a three-tier structure:

  • A contingency planning phase focused on preparedness and resilience
  • An internal market vigilance mode for addressing potential crisis threats
  • An internal market emergency mode for responding to actual crises severely disrupting the internal market

Key provisions include:

  • Establishment of an Internal Market Emergency and Resilience Board to coordinate crisis response
  • Requirements for Member States to designate central liaison offices and single points of contact
  • Measures to facilitate free movement and prevent unjustified restrictions during emergencies
  • Powers for the Commission to request information from economic operators and issue priority-rated requests for production of critical goods
  • Framework for joint procurement of critical goods and services by the Commission and Member States
  • Rules on transparency, data protection and confidentiality
  • Development of digital tools to support crisis response

The Act excludes certain sectors like medical products, semiconductors, energy, financial services and defense from its scope. It will apply from May 29, 2026 and includes regular evaluation and reporting requirements to assess its effectiveness.

Directive (EU) 2024/2749 of the European Parliament and of the Council of 9 October 2024 amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2014/29/EU, 2014/30/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regards emergency procedures for the conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency (Text with EEA relevance)

This Directive amends ten existing EU Directives related to product safety and conformity assessment to establish emergency procedures during internal market crises. The key aspects include:The Directive introduces new provisions to ensure that during an internal market emergency, crisis-relevant goods can be swiftly placed on the market while maintaining safety standards. It amends Directives covering equipment like machinery, pressure vessels, lifts, electrical equipment, and radio equipment.The main changes include:

  • Prioritization of conformity assessments for crisis-relevant goods by notified bodies
  • Temporary authorization procedures allowing Member States to permit market placement of products without full conformity assessment in emergencies
  • Alternative ways to demonstrate conformity through standards or common specifications during crises
  • Enhanced market surveillance and cooperation between national authorities

The Directive establishes specific procedures that become applicable only when:

  • An internal market emergency mode is activated
  • Specific goods are designated as crisis-relevant
  • The Commission adopts implementing acts activating the emergency procedures

The amendments aim to provide regulatory flexibility during crises while maintaining product safety and avoiding undermining the CE marking system. Member States must transpose these changes into national law by May 29, 2026.

E-mail
Password
Confirm Password