Review of the EU legislation for 13/11/2024

Here’s a concise review of the key legal acts:

1. Crypto-assets Information Disclosure Regulation:

Sets technical standards for public disclosure of inside information about crypto-assets across the EU. Requires simultaneous, free, non-discriminatory dissemination through multiple media channels, with specific website requirements and language provisions.

2. Nitrofurans in Collagen Regulation:

Exempts collagen from reference point for action (RPA) enforcement for semicarbazide (SEM) unless other nitrofuran metabolites are detected. Maintains 0.5 μg/kg RPA for SEM only when illegal use is proven.

3. Flavoring Substances Amendment:

Removes Benzene-1,2-diol (FL No. 04.029) from EU authorized flavoring substances list due to genotoxicity concerns. Allows temporary marketing of existing products until expiry.

4. Teat Disinfectants Authorization:

Authorizes ‘Teat disinfectants L-(+)-lactic acid based biocidal product family’ for veterinary hygiene from 2024 to 2034. Contains 4.1% L-(+)-lactic acid for dairy animal teat disinfection.

5. African Swine Fever Control Measures:

Updates restricted zones in Italy and Poland following new ASF outbreaks. Establishes different restriction levels based on disease presence.

6. Foreign Exchange Rates Standard:

Modifies IAS 21 with new criteria for determining currency exchangeability and calculating exchange rates for non-exchangeable currencies. Applicable from January 2025.

7. Poultry Import Restrictions:

Adds new restricted zones in UK and US following avian influenza outbreaks. Suspends poultry imports from affected areas.

8. CORSIA Implementation:

Lists 93 states participating in Carbon Offsetting and Reduction Scheme for International Aviation in 2024, excluding EEA countries, Switzerland, and UK.

9. Aviation Regulation Language Corrections:

Corrects technical terminology in German, Maltese, and Slovenian versions of aircrew requirements regulation.

10. Japanese Bonsai Import Rules:

Allows import of specific dwarfed ornamental plants from Japan until 2028 under strict pest control and monitoring conditions.

11. Plant Protection Substances:

Shortens approval periods for fenpyrazamine and flumetralin to January 15, 2025, following withdrawal of renewal applications.

12. EU-Albania Committees:

Creates two joint consultative committees between EU and Albania for social partners and regional authorities, with balanced representation and shared expenses.

Review of each of legal acts published today:

Commission Implementing Regulation (EU) 2024/2861 of 12 November 2024 laying down implementing technical standards for the application of Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to the technical means for the appropriate public disclosure of inside information and for delaying the public disclosure of that information

This Regulation establishes technical standards for the public disclosure of inside information related to crypto-assets and the procedures for delaying such disclosure. It sets detailed requirements for issuers, offerors, and persons seeking admission to trading of crypto-assets to ensure transparent and efficient information dissemination across the European Union. The act implements provisions of the EU Markets in Crypto-assets Regulation (MiCAR).The Regulation consists of four articles covering: technical means for public disclosure of inside information (Article 1), requirements for posting information on websites (Article 2), procedures for notification of delayed disclosure (Article 3), and entry into force provisions (Article 4). Compared to previous regulations, this act introduces new specific requirements for crypto-asset information disclosure using modern communication channels, including social media and web-based platforms.Key provisions include:

• Information must be disseminated simultaneously throughout the EU, free of charge, and on a non-discriminatory basis
• Inside information should be published through various media channels, including traditional media, social media, and web-based platforms
• Websites must have dedicated sections for inside information, with chronological listing and downloadable content
• Information should be available in the language of the crypto-asset white paper and preferably in a language customary in international finance
• Detailed requirements for recording and notifying delays in information disclosure, including specific documentation of decision-making processes
• Technical requirements for maintaining confidentiality and integrity of information during dissemination

Commission Regulation (EU) 2024/2858 of 12 November 2024 amending Regulation (EU) 2019/1871 as regards the application of reference points for action for nitrofurans and their metabolites in collagen

This Regulation amends the rules regarding reference points for action (RPA) for nitrofurans and their metabolites in collagen. It specifically addresses the presence of semicarbazide (SEM), a metabolite of nitrofurazone, in processed animal products and establishes new exemptions for collagen products.The Regulation modifies Commission Regulation (EU) 2019/1871 by adding collagen to the list of products exempted from RPA enforcement for SEM. This change is based on evidence that higher levels of SEM can occur in collagen as a result of processing rather than illegal use of nitrofurans.The main provisions include:

• Exemption of collagen from RPA enforcement for SEM unless other nitrofuran metabolites are detected
• Maintenance of the 0.5 μg/kg RPA for SEM in specified products only when illegal use is established
• Removal of the previous requirement for food business operators to provide data by a specific deadline

The regulation specifies that the RPA for SEM will only be applied when illegal use of nitrofurazone or SEM is confirmed through the detection of other nitrofuran metabolites (AOZ, AMOZ, AHD, and DNSH). This approach recognizes that elevated SEM levels can occur naturally during processing in certain products without indicating illegal substance use.

Commission Regulation (EU) 2024/2856 of 12 November 2024 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards the removal of the flavouring substance Benzene-1,2-diol (FL No. 04.029) from the Union list

This Commission Regulation amends the EU list of authorized flavoring substances by removing Benzene-1,2-diol (FL No. 04.029) from the Union list due to safety concerns identified by the European Food Safety Authority. The substance was found to have genotoxic properties when administered orally, making it unsafe for consumer use in food products.The regulation consists of three main articles. Article 1 introduces the amendment to remove Benzene-1,2-diol from Annex I of Regulation (EC) No 1334/2008. Article 2 establishes transitional measures for foods containing this substance that are already on the market or in transit. Article 3 sets the entry into force of the regulation.Key provisions include:
– Complete removal of Benzene-1,2-diol (FL No. 04.029) from the Union list of flavoring substances
– Foods containing this substance that were lawfully placed on the market before the regulation’s entry into force may continue to be sold until their expiry date
– Imported foods containing the substance may be marketed until their expiry date if they were in transit before the regulation’s entry into force
– The transitional measures do not apply to the pure substance itself or to preparations containing it that are not intended for direct consumption

Commission Implementing Regulation (EU) 2024/2863 of 12 November 2024 granting a Union authorisation for the biocidal product family Teat disinfectants L-(+)-lactic acid based biocidal product family of Novadan in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council

This Commission Implementing Regulation grants Union authorization for a biocidal product family called ‘Teat disinfectants L-(+)-lactic acid based biocidal product family of Novadan’ for veterinary hygiene purposes. The authorization is valid from December 3, 2024 until November 30, 2034.The regulation consists of two main parts: the authorization decision itself and a detailed annex containing the summary of product characteristics. The authorization is granted to ITW Novadan ApS for making available and using their biocidal product family.The regulation’s structure includes:

• Administrative information about the product family and authorization holder
• Product composition details – containing L-(+)-lactic acid as the active substance at 4.1% concentration
• Detailed usage instructions for different application methods (manual dipping, automated dipping, manual and automated spraying)
• Safety precautions, hazard statements and risk mitigation measures
• Storage conditions and shelf-life information

Key provisions include:

• The products are authorized for use as teat disinfectants for dairy animals (cows, buffaloes, sheep, goats) after milking
• Specific application rates and methods are defined for different animal types
• Mandatory use of eye protection during handling
• 24-month shelf life under proper storage conditions
• Multiple trade names are authorized under two meta-SPCs (Summary of Product Characteristics)

Commission Implementing Regulation (EU) 2024/2886 of 12 November 2024 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever

This is a Commission Implementing Regulation amending Annex I to Regulation (EU) 2023/594 regarding special control measures for African swine fever (ASF). The regulation updates the restricted zones I, II and III in various EU member states where special disease control measures need to be applied due to ASF outbreaks. The main changes include: – New outbreaks of ASF in kept porcine animals in Italy (Piedmont Region) and in wild porcine animals in Poland (several regions) The regulation’s structure consists of two main parts: – Articles 1-2 introducing the amendments and setting entry into force – A detailed Annex replacing Annex I of Regulation 2023/594, which lists all restricted zones I, II and III in affected member states Key provisions include: – Detailed geographical demarcation of restricted zones based on administrative boundaries and natural features – Different levels of restrictions (zones I, II, III) depending on epidemiological situation – Immediate entry into force due to urgency of ASF situation – Regular updates based on disease evolution and risk assessment

Commission Regulation (EU) 2024/2862 of 12 November 2024 amending Regulation (EU) 2023/1803 as regards International Accounting Standard 21

This Regulation amends the International Accounting Standard 21 (IAS 21) regarding the effects of changes in foreign exchange rates. The amendments specify how to determine when a currency is exchangeable into another currency and how to calculate exchange rates when a currency is not exchangeable.The act introduces new definitions and criteria for currency exchangeability assessment. A currency is considered exchangeable when an entity can obtain another currency within a normal administrative timeframe through a market mechanism that creates enforceable rights and obligations. If an entity can obtain only an insignificant amount of another currency, the currency is considered non-exchangeable.The main provisions include:

• New requirements for estimating spot exchange rates when a currency is not exchangeable
• Detailed guidance on assessing currency exchangeability for different purposes (reporting transactions, presentation currency, foreign operations)
• New disclosure requirements when dealing with non-exchangeable currencies
• Specific transition provisions for implementing these changes

The amendments will become applicable for annual reporting periods beginning on or after January 1, 2025, with earlier application permitted. Companies are not required to restate comparative information when first applying these amendments. The regulation provides detailed guidance in its Appendix A on how to assess exchangeability and estimate exchange rates when currencies are not exchangeable.

Commission Implementing Regulation (EU) 2024/2882 of 11 November 2024 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for 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 amends the rules for importing poultry, poultry products, and game birds from specific regions of the United Kingdom and the United States into the European Union. The changes are made in response to outbreaks of highly pathogenic avian influenza (HPAI) in these countries.The regulation modifies two specific annexes of Implementing Regulation (EU) 2021/404:

• Annex V – concerning poultry and poultry germinal products
• Annex XIV – concerning fresh meat of poultry and game birds

The main provisions include:

• Addition of a new restricted zone (GB-2.329) in Yorkshire, England, following an H5N5 HPAI outbreak confirmed on November 5, 2024
• Addition of seven new restricted zones (US-2.686 to US-2.692) in California and Oregon following H5N1 HPAI outbreaks confirmed between October 24 and November 2, 2024
• Establishment of 10-kilometer restriction zones around affected establishments
• Suspension of imports from these specific zones to protect EU animal health status

Key aspects for implementation:

• The regulation provides precise geographical coordinates for each restricted zone
• Different categories of poultry and poultry products are affected (BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20)
• The restrictions apply immediately upon entry into force of the regulation
• The measures are temporary and linked to specific dates when the outbreaks were confirmed

Commission Implementing Regulation (EU) 2024/2850 of 11 November 2024 on the list of States which are considered to be applying CORSIA for the purposes of Directive 2003/87/EC of the European Parliament and of the Council for emissions in 2024

This Commission Implementing Regulation establishes a list of States that are considered to be applying the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) for the purposes of EU’s greenhouse gas emission trading system in 2024. The Regulation implements ICAO’s global market-based measure for reducing aviation emissions with a baseline of 85% of 2019 emissions.The Regulation consists of two main parts: the operative text explaining the criteria for inclusion in the list and an Annex containing the actual list of 93 participating States. EEA countries, Switzerland, and the United Kingdom are explicitly excluded from this list as they fall under their own emissions trading systems. Additionally, despite being CORSIA participants, San Marino and Monaco are excluded from the list due to having no airports and no relevant flight routes.Key provisions of the Regulation include:

• The list is based on States’ notifications to ICAO Secretariat about their intention to apply CORSIA for emissions in 2024
• The Commission must adopt such a list annually to reflect changes in ICAO’s published lists
• The list includes major aviation markets such as the United States, Japan, Australia, and Canada
• Ukraine is among the participating States, listed as number 87 in the Annex
• The Regulation applies directly in all EU Member States

Commission Implementing Regulation (EU) 2024/2857 of 11 November 2024 correcting certain language versions of Annex I to Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council

This Regulation corrects specific language errors in certain versions of Annex I to Regulation (EU) No 1178/2011, which deals with technical requirements and administrative procedures for civil aviation aircrew. The corrections are necessary to ensure accurate implementation of aviation safety standards across EU member states.The Regulation addresses three specific corrections:

• In the German version – correction of the definition of ‘single-pilot aircraft’ regarding helicopters, airships and powered lift aircraft
• In the Maltese and Slovenian versions – correction of training requirements for IR(H) course holders with IR(A) qualification
• These corrections apply only to German, Maltese, and Slovenian language versions, while other language versions remain unchanged

The main provisions focus on technical accuracy in aviation terminology and training requirements. The German version correction relates to aircraft classification definitions, while the Maltese and Slovenian corrections concern specific training hour requirements for instrument rating qualifications. These amendments ensure consistency across all language versions of the regulation and maintain the intended meaning of the original provisions.

Commission Implementing Regulation (EU) 2024/2852 of 11 November 2024 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union territory of naturally or artificially dwarfed plants for planting of Chamaecyparis Spach, Juniperus L. and certain species of Pinus L., originating in Japan and repealing Implementing Regulation (EU) 2020/1217

This Regulation establishes specific rules for importing certain types of dwarfed ornamental plants (bonsai) from Japan into the European Union. It covers plants of Chamaecyparis, Juniperus, and specific Pinus species. The act provides a temporary derogation from the general prohibition on importing these plants, allowing their entry under strict conditions until December 31, 2028.The Regulation consists of 5 articles and an annex, detailing definitions, derogation conditions, pest control measures, and specific requirements for both Japan and EU Member States. It replaces the previous Regulation (EU) 2020/1217 and introduces new provisions regarding pest control, particularly for Matsucoccus matsumurae, Homona magnanima, and Urocerus japonicus.Key provisions include:
– Detailed requirements for Japanese nurseries, including two-year growing periods in authorized facilities
– Mandatory inspections at least six times per year for pest detection
– Specific growing conditions including pot placement and plant marking systems
– Three-month post-entry detention period in the EU with active growth monitoring
– Immediate destruction requirements for infected plants
– Strict traceability measures from nursery to export
– Detailed phytosanitary certification requirements

Commission Implementing Regulation (EU) 2024/2848 of 11 November 2024 amending Implementing Regulation (EU) No 540/2011 as regards the approval periods of the active substances fenpyrazamine and flumetralin

This Commission Implementing Regulation amends the approval periods for two active substances used in plant protection products: fenpyrazamine and flumetralin. The regulation shortens their previously extended approval periods, setting a new expiration date of January 15, 2025, for both substances. This change comes after the applicants withdrew their support for the renewal applications of these substances.The regulation consists of two main articles and an annex. Article 1 introduces amendments to the previous Implementing Regulation (EU) No 540/2011, while Article 2 establishes the entry into force provision. The Annex specifically modifies the expiration dates for both substances in their respective parts of Regulation No 540/2011 – fenpyrazamine in Part B and flumetralin in Part E.Key provisions of the regulation include:
– Setting January 15, 2025, as the new expiration date for both substances
– Providing Member States sufficient time to withdraw their authorizations for plant protection products containing these substances
– Immediate termination of the previously granted extensions, as the applicants no longer support the renewal applications
– Different categorization of the substances: fenpyrazamine as a standard approved substance (Part B) and flumetralin as a candidate for substitution (Part E)

Decision No 1/2024 of the EU–Albania Stabilisation and Association Council of 1 October 2024 setting up Joint Consultative Committees with the European Economic and Social Committee and with the Committee of the Regions of the European Union, respectively, and amending the Rules of Procedure of the Stabilisation and Association Council [2024/2877]

This Decision establishes two Joint Consultative Committees between the EU and Albania: one with the European Economic and Social Committee (EESC) and another with the Committee of the Regions (CoR). These committees are designed to promote dialogue and cooperation between social partners, civil society organizations, and local/regional authorities from both sides.The Decision consists of two main articles, with Article 1 adding two new articles (14 and 15) to Decision No 1/2009. Article 14 establishes and regulates the Joint Consultative Committee with the EESC, while Article 15 sets up the Committee with the CoR. Article 2 defines the entry into force.

Key provisions:

• The EESC Committee comprises 6 representatives from each side and focuses on preparing Albanian social partners and civil society for EU membership.
• The CoR Committee consists of 8 representatives (initially) from each side and aims to facilitate cooperation between local and regional authorities.
• Both committees can act on consultation by the Stabilisation and Association Council or on their own initiative.
• Members are selected through inclusive and transparent procedures, ensuring balanced representation.
• Each committee is co-chaired by representatives from both sides and adopts its own Rules of Procedure.
• Expenses are shared between the parties, with each side covering their delegates’ costs and the host covering organizational expenses.