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Overview of Recent EU Legal Acts
Commission Implementing Regulation (EU) 2024/2675
Adopted on October 10, 2024, this regulation provides emergency financial support amounting to €119,700,000 for agricultural sectors in Bulgaria, Germany, Estonia, Italy, and Romania, affected by severe climatic events. The aid distribution is governed by principles ensuring objectivity, proportionality, and market integrity. Member States are required to disburse funds by April 30, 2025, with additional reporting and compliance obligations to promote transparency and effective use of the funds.
Commission Regulation (EU) 2024/2640
This regulation amends Annex II of Regulation (EC) No 396/2005, which deals with Maximum Residue Levels (MRLs) for pesticides. Notable changes include revised MRLs for 1,4-dimethylnaphthalene, difluoroacetic acid, fluopyram, and flupyradifurone across various agricultural products. The amendments reflect the latest safety assessments and ensure that the MRLs are in line with consumer safety standards while providing transitional arrangements for products placed on the market prior to the new regulations coming into effect.
Commission Implementing Regulation (EU) 2024/2639
This regulation establishes detailed rules for the Safety Gate Rapid Alert System, assigning roles and responsibilities to national contact points. It ensures efficient information exchange concerning dangerous products within the EU. Key provisions include validation of notifications, cooperation between authorities, and comprehensive data management, emphasizing the importance of transparency and accountability in product safety.
Commission Implementing Regulation (EU) 2024/2677
This regulation amends Annex V and Annex XIV of Implementing Regulation (EU) 2021/404, establishing a new zone (US-2.680) in Idaho due to an outbreak of highly pathogenic avian influenza. It restricts the entry of certain poultry products from this zone into the EU, ensuring compliance with animal health laws and safeguarding public health across Member States.
Commission Implementing Regulation (EU) 2024/2632
Adopted on October 8, 2024, this regulation revises Implementing Regulation (EU) 2022/1193, enhancing measures against pest spread. It replaces Annex II with a new survey reporting template and modifies existing provisions regarding the management of infected plants. These amendments aim to improve pest monitoring and ensure rigorous compliance by professional operators under official supervision.
Commission Regulation (EU) 2024/2658
This regulation establishes a fishing closure for hake in specific Mediterranean subareas for Italian demersal longliners. It recognizes the maximum allowable fishing effort has been reached, prohibiting these vessels from further hake fishing activities to ensure sustainable stock management in the affected regions.
Council Implementing Regulation (EU) 2024/2663
This regulation amends Regulation (EU) No 101/2011, removing specific individuals from restrictive measures related to Tunisia. It clarifies that these individuals are no longer subject to the previously imposed sanctions, reflecting ongoing assessments of the situation in Tunisia.
Commission Regulation (EU) 2024/2619
This regulation amends the maximum residue levels for various pesticides in food and feed of plant and animal origin. It revises definitions and sets specific MRLs for a wide range of agricultural products while ensuring consumer safety through comprehensive risk assessments. Transitional provisions allow products already on the market to adhere to previous MRLs until the new standards come into effect.
Council Regulation (EU) 2024/2642
This regulation concerns restrictive measures in response to Russia’s destabilizing activities. It freezes funds and economic resources of listed entities and individuals, delineates derogations, and mandates cooperation among Member States for compliance and enforcement. It emphasizes the need for accountability and stringent measures against circumvention of the regulations.
Council Implementing Regulation (EU) 2024/2670
This regulation amends Regulation (EC) No 1183/2005 regarding restrictive measures concerning the Democratic Republic of the Congo. It removes specific individuals from the sanctions list, indicative of recent legal assessments and judicial decisions impacting the enforcement of these measures.
Decision No 1/2024 of the EU-Egypt Association Council
Review of each of legal acts published today:
Commission Implementing Regulation (EU) 2024/2675 of 10 October 2024 providing for emergency financial support for the agricultural sectors affected by adverse climatic events in Bulgaria, Germany, Estonia, Italy and Romania, in accordance with Regulation (EU) No 1308/2013 of the European Parliament and of the Council
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EU Commission Implementing Regulation (EU) 2024/2675: Emergency Financial Support for Affected Agricultural Sectors
The European Commission has enacted Regulation (EU) 2024/2675 on October 10, 2024, to provide urgent financial assistance to the agricultural sectors in Bulgaria, Germany, Estonia, Italy, and Romania. This regulation aims to mitigate the economic impact of severe climatic events that have adversely affected these Member States.
Allocation of Funds
A total of €119,700,000 is allocated by the Union for emergency support, distributed among the affected countries as follows:
- Bulgaria: €10,900,000
- Germany: €46,500,000
- Estonia: €3,300,000
- Italy: €37,400,000
- Romania: €21,600,000
These funds are designated to compensate farmers who have experienced significant economic losses due to unprecedented climatic conditions, ensuring the viability of their agricultural operations.
Criteria for Fund Distribution
The distribution of aid must adhere to the following principles:
- Objective and Non-Discriminatory: Aid must be allocated based on clear, objective criteria without favoritism.
- Proportional Support: Payments should reflect the actual economic damages suffered by farmers to prevent market distortion.
- Market Integrity: Measures must ensure that financial support does not lead to unfair competition or overcompensation.
Implementation and Deadlines
The regulation sets specific timelines for the distribution and reporting of funds:
- Payment Deadline: All Union aid must be disbursed by April 30, 2025.
- Additional National Support: Member States may grant additional support up to 200% of the Union aid by July 31, 2025.
- Notification Requirements:
- By December 31, 2024: Detailed descriptions of measures, criteria for aid distribution, intended impacts, and mechanisms to prevent market distortion.
- By October 31, 2025: Final reports detailing total payments, beneficiary data, and effectiveness assessments.
Flexibility and Additional Support
Member States are permitted to combine this aid with other support mechanisms funded by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), ensuring that farmers do not receive excessive compensation.
Furthermore, Member States can provide supplementary national support to address economic difficulties beyond the scope of Union aid, provided it adheres to the established criteria and deadlines.
Reporting and Accountability
To ensure transparency and effectiveness, the regulation mandates Member States to:
- Provide detailed information on the implementation of aid measures to the European Commission.
- Assess and report the impact of the financial support on compensating economic losses.
- Implement controls to verify farmer eligibility and safeguard Union financial interests.
Effective Date and Applicability
This regulation becomes effective the day after its publication in the Official Journal of the European Union and is directly applicable across all affected Member States.
For more information, refer to the full text of the Regulation here.
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Commission Regulation (EU) 2024/2640 of 9 October 2024 amending and correcting Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 1,4-dimethylnaphthalene, difluoroacetic acid (DFA), fluopyram and flupyradifurone in or on certain products
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Commission Regulation (EU) 2024/2640
Amendments to Annex II of Regulation (EC) No 396/2005 on Maximum Residue Levels (MRLs)
1,4-Dimethylnaphthalene
- Potatoes: Modification of existing MRL. Additional information on residue nature in processed potatoes and analytical methods for animal products submitted.
- Products of Animal Origin:
- Lowered MRLs for swine fat, swine other products, commodities from bovine, sheep muscle, fat, liver, edible offals, and goat muscle, fat, liver, edible offals.
- Raised MRLs for commodities from poultry and bird eggs.
- Requirement to submit additional information for potatoes and animal products removed.
Difluoroacetic Acid (DFA)
- Setting import tolerances for DFA in various crops imported from Australia, Brazil, and the United States.
- MRLs for DFA in rotational crops such as Chinese cabbages, kales, sesame seeds, sunflower seeds, maize/corn, oat, rye, sugar beet roots, and chicory roots adjusted to reflect both direct treatment and soil uptake residues.
- Correction reinstates the MRL for DFA in ‘herbal infusions from any other parts of the plant’ at 0.1 mg/kg.
Fluopyram
- Pumpkin Seeds: MRL set at 0.4 mg/kg based on residue trials on rapeseeds/canola seeds.
- Residue definition for fluopyram includes fluopyram and its metabolite fluopyram-benzamide (M25), expressed as fluopyram.
Flupyradifurone
- Import tolerance applications for flupyradifurone in citrus fruits, cherries, cane fruits, small fruits and berries, leafy brassica, herbs and edible flowers, sunflower seeds, barley, maize/corn, millet, oat, rye, wheat, sugar beet roots, chicory roots, and honey assessed.
- MRL for flupyradifurone in kales lowered from 5 mg/kg to 4 mg/kg based on new residue trials.
- MRL for flupyradifurone in sunflower seeds set at 0.7 mg/kg, aligning with the exporting country’s MRL.
- Existing MRLs for flupyradifurone in various commodities deemed acceptable based on consumer safety assessments.
General Provisions
- All modifications to MRLs meet the requirements of Article 14(2) of Regulation (EC) No 396/2005.
- Transitional arrangements allow products placed on the market before 30 April 2025 to continue under previous MRLs until then.
- Regulation becomes applicable from 30 April 2025, with enforcement starting twenty days post-publication in the Official Journal of the EU.
- MRLs set based on comprehensive consumer exposure assessments covering 27 European consumer groups, ensuring no risk to acceptable daily intake or acute reference doses.
Corrections and Reinstatements
- Due to a clerical error, the MRL for DFA in ‘herbal infusions from any other parts of the plant’ is reinstated at 0.1 mg/kg.
Consultations and Compliance
- Trading partners were consulted via the World Trade Organisation, and their comments were incorporated.
- Import tolerances ensure compliance with exporting countries’ MRLs to prevent trade barriers.
Annex II Amendments
Annex II to Regulation (EC) No 396/2005 has been updated to reflect the new and amended MRLs for 1,4-dimethylnaphthalene, DFA, fluopyram, and flupyradifurone across various product categories, including fruits, vegetables, cereals, oilseeds, animal products, and processed food products.
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Commission Implementing Regulation (EU) 2024/2639 of 9 October 2024 laying down rules for the application of Regulation (EU) 2023/988 of the European Parliament and of the Council as regards the roles and tasks of the single national contact points of the Safety Gate Rapid Alert System
Commission Implementing Regulation (EU) 2024/2639 Overview
Purpose and Scope
Commission Implementing Regulation (EU) 2024/2639 establishes detailed rules for the application of Regulation (EU) 2023/988 concerning the roles and tasks of single national contact points within the Safety Gate Rapid Alert System. This regulation ensures the efficient exchange of information regarding corrective measures for dangerous products within the European Union and European Economic Area.
Main Provisions
Article 1: Roles and Tasks of Safety Gate Contact Points
This article delineates the specific responsibilities assigned to each national contact point for the Safety Gate Rapid Alert System, referred to as ‘Safety Gate contact points’. Key tasks include:
- Verification and Validation: Ensuring the completeness of notifications from national authorities before transmitting them to the Commission.
- Duplication Check: Assessing whether a product has already been notified to avoid duplicate entries, and submitting follow-up notifications if necessary.
- Information Dissemination: Ensuring that validated notifications from other Member States reach relevant national authorities for appropriate national follow-up.
- Promotion of Tools: Advocating the use of the Product Safety eSurveillance Webcrawler and similar tools to enhance market surveillance.
- Training and Assistance: Providing training and support to national authorities in utilizing the Rapid Alert System effectively.
- Operational Facilitation: Ensuring that all tasks related to the Rapid Alert System are performed efficiently, including compliance with notification requirements and risk assessment criteria.
- Collaboration: Facilitating cooperation and information exchange with other national contact points and participating in coordinated discussions.
- Technical Issue Reporting: Promptly informing the Commission of any technical problems affecting the Rapid Alert System.
- Access Management: Managing access requests to the system and notifying the Commission of any staffing changes that affect access rights.
- Stakeholder Communication: Responding to operational inquiries from stakeholders, including economic operators and online marketplace providers.
- Supplementary Information Liaison: Coordinating with authorities to obtain additional information for notifications that may affect businesses adversely due to incomplete data.
Article 2: Joint Controllership Roles
This article assigns joint controllership responsibilities to the Commission and national authorities for processing data within the Safety Gate Rapid Alert System. The roles and responsibilities are further detailed in the Annex, specifying the handling of personal data, security measures, and cooperation protocols.
Article 3: Entry into Force
The regulation becomes effective on the twentieth day following its publication in the Official Journal of the European Union and applies from 13 December 2024. It is binding and directly applicable in all Member States.
Annex: Joint Controllership of the Safety Gate Rapid Alert System
1. Subject Matter and Description of the Processing
The Annex outlines the operational framework of the Safety Gate Rapid Alert System, a notification system managed by the Commission for rapid information exchange about corrective measures for dangerous products within the EU/EEA market. It encompasses both measures mandated by authorities and voluntary actions by economic operators.
2. Scope of Joint Controllership
The Commission and national authorities act as joint controllers, responsible for processing personal data related to product safety notifications. Specific processing activities assigned to the Commission include handling information about measures against dangerous products and transmitting data to national contact points. National authorities are responsible for processing information related to product safety notifications and follow-up actions.
3. Responsibilities, Roles, and Relationship with Data Subjects
3.1. Categories of Data Subjects and Personal Data
The system processes personal data of:
- Safety Gate Rapid Alert System Users: Including names, contact details, and preferred languages.
- Authors and Validators: Including contact information of personnel involved in submitting and validating notifications.
- Economic Operators: Contact details necessary for tracing dangerous products, such as names, addresses, and contact information.
3.2. Provision of Information to Data Subjects
The Commission and national authorities must provide clear and accessible information to data subjects about their rights and the handling of their personal data. This includes privacy statements and transparent communication regarding data processing activities.
3.3. Handling of Data Subjects’ Requests
Data subjects can exercise their rights under relevant data protection regulations against either the Commission or national authorities. Joint controllers must cooperate to handle requests efficiently, ensuring that requests are forwarded to the appropriate controller and that data subjects receive timely responses.
4. Other Responsibilities and Roles of Joint Controllers
4.1. Security of Processing
Both the Commission and national authorities must implement technical and organizational measures to secure personal data, protecting against unauthorized access, loss, or disclosure.
4.2. Management of Security Incidents
Joint controllers are required to promptly address and report any security incidents or data breaches, including assessing risks to data subjects and notifying relevant supervisory authorities and affected individuals when necessary.
4.3. Localisation of Personal Data
Personal data must be processed within the EU/EEA territory unless specific conditions for data transfer outside the region are met, ensuring compliance with data protection laws.
4.4. Recipients of Personal Data
Access to personal data is restricted to authorized personnel involved in the system’s administration and operation, governed by strict access controls and confidentiality agreements.
5. Specific Responsibilities of Joint Controllers
The Annex specifies distinct duties for the Commission and national authorities, including decision-making on data processing operations, maintaining records, facilitating data subject rights, ensuring data protection by design, assessing data transfer legality, and cooperating with supervisory authorities.
6. Duration of Processing
Personal data must not be retained longer than necessary. Specific retention periods are established for different data categories, such as:
- Users’ contact details are retained only while they are active users.
- Inspector contact details are kept for five years post-notification.
- Other personal data related to dangerous products are retained for up to 30 years.
Data subjects’ legitimate requests for data blocking, adjustment, or erasure must be addressed within one month.
7. Liability for Non-Compliance
The Commission and Member States’ authorities are liable for non-compliance with data protection regulations as outlined in their respective regulatory frameworks.
8. Cooperation Between Joint Controllers
Joint controllers must provide swift and efficient assistance to each other in fulfilling regulatory obligations, ensuring compliance with data protection laws.
9. Settlement of Disputes
Disputes between joint controllers regarding the interpretation or application of the regulation should be resolved amicably through consultation. If unresolved, mediation or judicial proceedings may be pursued as per the outlined procedures.
10. Contact Points for Cooperation
Each joint controller must nominate a single contact point for queries and information exchange. A comprehensive list of these contact points is made available on the Safety Gate Portal, facilitating seamless cooperation and coordination.
Commission Implementing Regulation (EU) 2024/2677 of 8 October 2024 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for 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
Commission Implementing Regulation (EU) 2024/2677 Overview
Amendment to Annex V
Annex V of Implementing Regulation (EU) 2021/404 is amended to include a new zone designated as US-2.680 under the United States entry. This addition pertains to the authorization of consignments related to poultry and germinal products of poultry. The specific products affected are categorized as BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, and HE-LT20. The entry for this zone is marked with codes N, P1 and becomes effective from 27 September 2024.
The geographical specification for US-2.680 is as follows:
- State: Idaho
- County: Lincoln 01, Lincoln County
- Zone Description: A circular area with a 10 km radius centered at GPS coordinates 114.1910665°W, 43.2283500°N.
Amendment to Annex XIV
Annex XIV of Implementing Regulation (EU) 2021/404 is similarly amended to incorporate the new zone US-2.680 concerning the entry of fresh meat of poultry and game birds. The affected product categories for this zone are identified as POU, RAT and GBM, P1. These entries are also marked with codes N, P1 and take effect from 27 September 2024.
Effective Date and Applicability
The amendments introduced by Regulation (EU) 2024/2677 come into force the day following their publication in the Official Journal of the European Union. The regulation is binding in its entirety and directly applicable across all Member States, ensuring uniform enforcement of the updated provisions.
Zone US-2.680 Specifics
The newly established zone US-2.680 in Lincoln County, Idaho, is a direct response to the outbreak of highly pathogenic avian influenza (HPAI) in the region. The establishment of a restricted zone with a 10 km radius is aimed at controlling and preventing the further spread of HPAI. The affected products within this zone are subject to suspension of entry into the Union to maintain the animal health status across Member States.
Summary of Affected Products
Annex | Zone Code | Product Categories | Entry Codes | Effective Date |
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V | US-2.680 | BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20 | N, P1 | 27.9.2024 |
XIV | US-2.680 | POU, RAT; GBM | N, P1 | 27.9.2024 |
Implementation and Compliance
Member States are required to comply with the updated Annexes V and XIV as per Regulation (EU) 2024/2677. The inclusion of zone US-2.680 mandates that all consignments of the specified poultry products and fresh meat from this restricted area in Idaho are suspended from entry into the Union until further notice. This regulation ensures adherence to the Animal Health Law (Regulation (EU) 2016/429) by mitigating risks associated with HPAI.
Commission Implementing Regulation (EU) 2024/2632 of 8 October 2024 amending Implementing Regulation (EU) 2022/1193 as regards measures on water liable to be infected by Ralstonia solanacearum (Smith 1896) Yabuuchi et al. 1996 emend. Safni et al. 2014, measures to be taken by the professional operators and the template on the reporting of survey results
Commission Implementing Regulation (EU) 2024/2632
Date of Adoption: 8 October 2024
Publication: Official Journal of the European Union, L series, 9 October 2024
Amendments to Implementing Regulation (EU) 2022/1193
Article 1: Amendments to Implementing Regulation (EU) 2022/1193
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Article 5(4) Amendment:
- The second subparagraph, point (b) is replaced to include ‘the surface water liable to be infected, taking into account the elements listed in point 2(b)(ii) and (iii) of Annex IV.’
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Article 6(1) Amendment:
- The first subparagraph is replaced to state that specified plants designated as infected must not be planted. Professional operators, under official supervision, must ensure destruction or disposal of infected plants in accordance with Annex V, provided there is no identifiable risk of pest spread.
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Annex II Replacement:
- Annex II is replaced entirely with the new template provided in the Annex to this Regulation.
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Annex IV Amendments:
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Point (a) Amendment:
- Point 1 introduction replaced to specify elements for designating probable infection by the specified pest.
- Points (i) and (j) updated to include production sites using infected or liable water and sites flooded with such water.
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Point (b) Amendment:
- Includes detailed considerations for surface water designated as infected or liable, such as production sites adjacent to or at risk from flooding, irrigation basins, and connected water bodies with specific criteria.
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Point (a) Amendment:
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Annex V, Point 4.2(2) Amendment:
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Point (b) Amendment:
- Includes requirements for annual surveys of surface water, official controls on irrigation and spraying programs, and controls on waste disposal from industrial processing of specified plants.
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Point (c) Addition:
- Provides derogations allowing Member States to waive annual surveys or permit the use of infected or liable water under strict conditions such as disinfection or confirmation of pest absence.
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Point (b) Amendment:
Article 2: Entry into Force
This Regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union and is binding in its entirety and directly applicable in all Member States.
Annex II: Survey Template
The new Annex II provides a structured template for presenting survey results related to brown rot surveys conducted in the preceding calendar year. Key sections include:
- Member State Details
- Categories such as Potato Tubers for Planting, Tomatoes, Other Hosts, Irrigation Water, and Waste Water
- Visual Inspections Data:
- Number of inspections, symptomatic and asymptomatic samples taken
- Laboratory testing results distinguishing between symptomatic and asymptomatic samples
- Number of positive inspections and lots
- Laboratory Tests:
- Tests related to growing crops, tuber lot inspections, and water
- Notification numbers of outbreaks
- Additional Information:
- Clarifications on sample testing and positive results
Notes within the template specify conditions for filling out various sections, ensuring clarity and consistency in survey reporting.
Objectives of the Regulation
The Regulation aims to enhance measures against the spread of Ralstonia solanacearum by:
- Expanding measures to cover water liable to be infected
- Ensuring professional operators conduct eradication measures under supervision
- Improving the survey reporting template for better data accuracy and utility
Commission Regulation (EU) 2024/2658 of 3 October 2024 establishing a fisheries closure for hake in GFCM geographical subareas 8, 9, 10 and 11 for demersal longliners flying the flag of Italy and having an overall length equal or superior to 18 meters and inferior to 24 meters
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Overview of Commission Regulation (EU) 2024/2658
Commission Regulation (EU) 2024/2658, adopted on 3 October 2024, establishes a fisheries closure for hake in specific geographical subareas of the Mediterranean, specifically GFCM geographical subareas 8, 9, 10, and 11. This regulation is directed at demersal longliners registered in Italy that have an overall length of 18 meters or more but less than 24 meters.
Key Provisions
Article 1: Effort Exhaustion
This article states that the maximum allowable fishing effort allocated to Italy for hake in the designated subareas for the year 2024 is considered to have been reached. This determination is based on information received by the Commission regarding the fishing activities and stock levels.
Article 2: Prohibitions
Under this provision, fishing activities targeting hake by the specified group of Italian demersal longliners are prohibited from the date specified in the annex of the regulation. The regulation explicitly prohibits these vessels from retaining on board, relocating, transhipping, or landing any hake caught after the closure date.
Article 3: Entry into Force
The regulation will come into effect the day after its publication in the Official Journal of the European Union, reinforcing its binding nature across all Member States.
Annex Details
The annex provides specific details regarding the fisheries closure:
- Member State: Italy
- Fishing Effort Group Code: EFF1/MED2_LL3
- Stock Group: Hake (Merluccius merluccius) in GSAs 8, 9, 10 and 11
- Vessels Concerned: Demersal longliners with a length of ≥ 18 m and < 24 m
- Closing Date: 7 September 2024
Overall, this regulation aims to ensure the sustainable management of hake stocks in the specified Mediterranean regions by imposing restrictions on fishing efforts once the maximum allowable limits have been reached.
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Council Implementing Regulation (EU) 2024/2663 of 8 October 2024 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
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Detailed Overview of Council Implementing Regulation (EU) 2024/2663
Objective
Council Implementing Regulation (EU) 2024/2663, dated 8 October 2024, serves to amend Regulation (EU) No 101/2011. This amendment pertains to the restrictive measures directed against certain persons, entities, and bodies in relation to the situation in Tunisia.
Key Provisions
Article 1: Amendment of Annex I
Article 1 modifies Annex I of Regulation (EU) No 101/2011 by removing specific entries. Specifically, in sections A and B of Annex I, the regulation deletes the entries for the following individuals:
- Moez Ben Moncef Ben Mohamed Trabelsi
- Houssem Ben Mohamed Naceur Ben Mohamed Trabelsi
This removal implies that these individuals are no longer subject to the previously imposed restrictive measures under the referenced regulation.
Article 2: Entry into Force
Article 2 stipulates that this Regulation shall enter into force on the day following its publication in the Official Journal of the European Union. Furthermore, it is binding in its entirety and directly applicable across all Member States of the European Union.
Annex Details
The Annex to this Regulation specifies the exact changes to be made to Annex I of Regulation (EU) No 101/2011. It outlines the deletion of the entries for Moez Ben Moncef Ben Mohamed Trabelsi and Houssem Ben Mohamed Naceur Ben Mohamed Trabelsi in sections A and B, effectively lifting any restrictive measures previously imposed on these individuals.
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Commission Regulation (EU) 2024/2619 of 8 October 2024 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for fosetyl, potassium phosphonates and disodium phosphonate in or on certain products
Commission Regulation (EU) 2024/2619 Overview
Amendments to Annexes II and III of Regulation (EC) No 396/2005
Regulation (EU) 2024/2619 amends Annexes II and III to Regulation (EC) No 396/2005, which pertains to the maximum residue levels (MRLs) of pesticides in or on food and feed of plant and animal origin.
Residue Definition Changes
The residue definition for enforcement purposes for fosetyl, potassium phosphonates, and disodium phosphonate has been revised. The new definition is now phosphonic acid and its salts, expressed as phosphonic acid, replacing the previous definition that included fosetyl-Al. Consequently, fosetyl is no longer considered in the residue definition, and the default MRL of 0.01 mg/kg does not apply to fosetyl residues.
MRL Adjustments for Plant Products
Specific MRLs have been established for a wide range of plant products. Key adjustments include:
- For fruits such as apples, oranges, pears, and grapefruits, the MRL is set at 1.5 mg/kg.
- Stone fruits like apricots and plums have their MRLs adjusted to 8 mg/kg.
- Berries, including strawberries and raspberries, have varying MRLs, with some set as high as 200 mg/kg.
- Vegetables, including potatoes, carrots, and tomatoes, have specific MRLs ranging from 1.5 to 150 mg/kg depending on the type.
- Herbs and edible flowers, such as parsley and basil, have an MRL of 300 mg/kg.
- Spices, including cinnamon and cloves, have MRLs set at 20 mg/kg.
The annex contains comprehensive tables detailing the MRLs for each specific product category and its subcategories.
MRL Adjustments for Animal Products
Adjustments to MRLs for animal products include:
- Muscle, fat, liver, and kidney products from various animals such as swine, bovine, sheep, and poultry have specific MRLs ranging from 0.4 to 7 mg/kg.
- Milk has an MRL of 0.4 mg/kg across different animal sources.
- Bird eggs have an MRL of 0.5 mg/kg.
Transitional Arrangements
To facilitate the transition to the new MRL standards, Regulation (EU) 2024/2619 includes provisions that allow products placed on the market in the Union prior to April 29, 2025, to continue under the old MRLs. After this date, the new MRLs will become applicable.
Data and Compliance
The regulation recognizes instances where certain residue trials or monitoring data are unavailable. In such cases, the Commission will review the MRLs once the missing information is submitted by the specified deadlines (e.g., October 9, 2026). If the data remains unavailable, the Commission will consider the lack of information in its further assessments.
Entry into Force
Regulation (EU) 2024/2619 entered into force on the twentieth day following its publication in the Official Journal of the European Union and becomes applicable from April 29, 2025.
Additional Provisions
- The regulation ensures no risk to consumers by establishing MRLs based on comprehensive risk assessments conducted by the European Food Safety Authority (EFSA).
- It includes specific notes and footnotes within the annex to address particular cases and exceptions.
- The regulation has been adopted in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.
Council Regulation (EU) 2024/2642 of 8 October 2024 concerning restrictive measures in view of Russia’s destabilizing activities
Council Regulation (EU) 2024/2642
Concerning Restrictive Measures in View of Russia’s Destabilizing Activities
Article 1: Definitions
Defines key terms used throughout the regulation, including:
- Claim: Any claim related to contracts or transactions.
- Contract or Transaction: Any transaction of any form, including bonds, guarantees, and credits.
- Competent Authorities: Identified authorities of Member States as listed in Annex II.
- Economic Resources: Assets that can be used to obtain funds, goods, or services.
- Freezing of Economic Resources: Preventing the use of economic resources.
- Freezing of Funds: Preventing any change or use of funds.
- Funds: Financial assets, including cash, deposits, securities, and financial commitments.
- Territory of the Union: Includes Member States’ territories and airspace.
Article 2: Freezing of Funds and Economic Resources
- All funds and economic resources of listed persons/entities in Annex I are to be frozen.
- Prohibition on making funds available to listed persons/entities.
- Criteria for listing include involvement in destabilizing activities such as undermining democracy, supporting violent actions, or exploiting conflicts.
Article 3: Derogations for Release of Funds
- Allows authorization to release certain frozen funds for:
- Basic needs (e.g., food, medicine)
- Legal services
- Maintenance fees for frozen funds
- Extraordinary expenses with prior notification
- Official purposes of diplomatic missions or international organizations
- Electronic communication services by Union operators
- Member States must inform others of any authorizations within two weeks.
Article 4: Humanitarian Exemptions
- Exempts humanitarian assistance provided by recognized organizations from freezing provisions.
- Exemption does not apply to certain entities marked with an asterisk in Annex I.
- Competent authorities may authorize necessary releases for humanitarian needs.
Article 5-7: Additional Derogations and Provisions
- Article 5: Authorizes the release of funds based on prior arbitral or judicial decisions not benefiting listed persons/entities.
- Article 6: Allows payments due under existing contracts before listing in Annex I.
- Article 7: Permits crediting of frozen accounts by financial institutions under specific conditions and mandates immediate reporting of such transactions.
Article 8: Information Sharing and Cooperation
- Requires immediate provision of information to competent authorities for compliance.
- Mandates cooperation with authorities for verification purposes.
- Limits use of information to the purposes intended.
Article 9: Prohibition of Circumvention
- Prohibits participation in activities intended to circumvent the measures.
- Listed persons/entities must report their funds or economic resources within six weeks of listing.
- Failure to comply is considered an attempt to circumvent the measures.
Article 10: Liability Protections
- Protects individuals or entities acting in good faith from liability unless negligence is proven.
- No liability if actions infringe the regulation without reasonable suspicion.
Article 11: Claims Prohibition
- Disallows claims related to contracts or transactions affected by the measures if made by listed persons/entities.
- Shifts the burden of proof to those seeking enforcement of such claims.
Article 12: Information Exchange
- Requires the Commission and Member States to share information on measures and any related enforcement issues.
- Mandates immediate sharing of relevant information that impacts the regulation’s implementation.
Article 13: Listing Procedure
- Details the process for adding persons/entities to Annex I, including communication of grounds and opportunity for observations.
- Requires regular review of Annex I at least annually.
- Empowers the Commission to amend Annex II based on Member States’ information.
Article 14: Contents of Annex I
- Includes grounds for listing and identification information for listed persons/entities.
- For individuals, may include names, aliases, date/place of birth, nationality, identification numbers, gender, address, and profession.
- For legal entities, may include names, registration details, and place of business.
Article 15: Penalties
- Member States must establish effective, proportionate, and dissuasive penalties for infringements.
- Requires measures for confiscation of proceeds from such infringements.
- Member States must notify the Commission of their penalty rules and any amendments.
Article 16: Data Processing
- Allows the Council, Commission, and High Representative to process personal data necessary for the regulation.
- Limits data processing to what is necessary for preparing Annex I.
- Designates these bodies as ‘controller’ to ensure data protection rights.
Article 17: Designation of Competent Authorities
- Member States must designate and identify competent authorities in Annex II.
- Requires notification of any changes to the Commission.
Article 18: Use of Information
Restricts the Commission to using provided or received information solely for the purposes intended under the regulation.
Article 19: Scope of Application
- Applies within Union territories, on board Member States’ aircraft or vessels, to nationals of Member States regardless of location, and to legal entities incorporated under Member State law engaged in business within the Union.
Article 20: Entry into Force
The regulation becomes effective the day after its publication in the Official Journal of the European Union and is directly applicable in all Member States.
Annexes
Annex I
Contains the list of natural and legal persons, entities, and bodies subject to the restrictive measures.
Annex II
Provides websites and contact details for competent authorities responsible for implementing the regulation across Member States.
Council Implementing Regulation (EU) 2024/2670 of 8 October 2024 implementing Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo
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Council Implementing Regulation (EU) 2024/2670
Date of Adoption: 8 October 2024
Official Journal Reference: L 193, 23.7.2005, p. 1.
Purpose
This regulation amends Regulation (EC) No 1183/2005 concerning restrictive measures related to the situation in the Democratic Republic of the Congo.
Key Provisions
- Article 1: Amends Annex Ia to Regulation (EC) No 1183/2005 as detailed in the attached annex of this regulation.
- Article 2: Specifies that this regulation enters into force on the day following its publication in the Official Journal of the European Union and is binding in its entirety and directly applicable in all Member States.
Annex Details
The annex to this regulation modifies Annex Ia to Regulation (EC) No 1183/2005, specifically removing the following individuals from Section A (‘Persons’):
- Evariste BOSHAB
- Alex Kande MUPOMPA
This removal follows the judgments of the General Court in Cases T-88/23 and T-89/23.
Implementation
The regulation becomes effective the day after its publication and must be applied uniformly across all EU Member States.
Additional Information
For full details, refer to the official document available at the European Legislation Identifier (ELI):
http://data.europa.eu/eli/reg_impl/2024/2670/oj.
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Commission Implementing Regulation (EU) 2024/2636 of 8 October 2024 amending Implementing Regulation (EU) 2022/1194 as regards the responsibilities of professional operators and the template to report survey results of Clavibacter sepedonicus (Spieckermann & Kotthoff 1914) Nouioui et al. 2018
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Commission Implementing Regulation (EU) 2024/2636
Amending Implementing Regulation (EU) 2022/1194
Article 1: Amendments to Implementing Regulation (EU) 2022/1194
1. Modification of Article 6(1):
The first subparagraph of Article 6(1) is replaced with:
“Specified plants, designated as infected by the specified pest pursuant to Article 5(5), point (a), shall not be planted. The professional operators, under the official supervision of the competent authority, shall ensure that the infected specified plants are destroyed or are disposed of in another way, in accordance with point 1 of Annex V, provided that it is established that there is no identifiable risk of the specified pest spreading.”
2. Replacement of Annex II:
Annex II of Implementing Regulation (EU) 2022/1194 is entirely replaced with the new text provided in the Annex to this Regulation, introducing a revised template for reporting survey results related to Clavibacter sepedonicus.
Article 2: Entry into Force
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. It is binding in its entirety and directly applicable in all Member States.
Annex II: Survey Template
The updated Annex II provides a structured template for Member States to report the results of ring rot surveys conducted during the calendar year preceding the year of reporting. Key elements of the template include:
- Member State and Category: Identification of the Member State and the category of potato tubers surveyed.
- Cropping Area: Total area in hectares subjected to surveys.
- Visual Inspections: Details of visual inspections conducted on growing crops and tuber lots in storage, including the number of inspections, symptomatic and asymptomatic samples taken.
- Laboratory Tests: Results from laboratory tests related to visual inspections, distinguishing between symptomatic and asymptomatic samples.
- Positive Findings: Number of positive visual inspections and positive lots identified through laboratory testing.
- Additional Information: Any notifications of outbreaks as per Implementing Regulation (EU) 2019/1715 and other relevant data.
The template ensures clarity by distinguishing results from symptomatic and asymptomatic samples, consolidating positive visual inspections under laboratory tests sections, and removing non-essential data fields to reduce administrative burden.
Footnotes within the template provide specific instructions for filling out each section, ensuring consistency and accuracy in reporting across Member States.
Implementation Details
Professional operators are designated to carry out the destruction or disposal of infected plants under the supervision of competent authorities, enhancing the efficacy of pest control measures. The revised survey template streamlines data collection by focusing on relevant information, thereby facilitating better monitoring and reporting of Clavibacter sepedonicus occurrences.
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Commission Regulation (EU) 2024/2633 of 8 October 2024 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin, famoxadone, flutriafol, mandipropamid and mefentrifluconazole in or on certain products
Overview of Commission Regulation (EU) 2024/2633
Commission Regulation (EU) 2024/2633, dated 8 October 2024, introduces amendments to Annex II of Regulation (EC) No 396/2005. These amendments pertain to the maximum residue levels (MRLs) for five active substances: azoxystrobin, famoxadone, flutriafol, mandipropamid, and mefentrifluconazole in or on various agricultural products.
Amended Pesticides and Their MRLs
- Azoxystrobin: MRLs are updated across multiple fruit and nut categories. For instance, citrus fruits such as grapefruits, oranges, lemons, limes, mandarins, and others have specific MRLs ranging from 0.01 mg/kg to 15 mg/kg depending on the fruit type. Tree nuts like almonds, Brazil nuts, cashew nuts, and others have MRLs set at 0.01 mg/kg, with pecans and pistachios having higher limits of 0.06 mg/kg and 1 mg/kg respectively.
- Famoxadone (F): Being fat-soluble, famoxadone has MRLs primarily focused on citrus fruits and tree nuts, with limits such as 0.01 mg/kg and 0.02 mg/kg for various subgroups.
- Flutriafol: MRLs for flutriafol are established for a broad range of fruits, nuts, and vegetables. Specific limits include 0.4 mg/kg for oranges and 0.5 mg/kg for limes and mandarins. Tree nuts like almonds have an MRL of 0.8 mg/kg.
- Mandipropamid (any ratio of constituent isomers): This substance’s MRLs are set for various vegetables, including courgettes with an MRL of 0.2 mg/kg and radish leaves with a significantly higher limit of 50 mg/kg. Additional MRLs are specified for other vegetables like carrots, onions, and tomatoes.
- Mefentrifluconazole: MRLs for mefentrifluconazole cover a wide array of products, including pome fruits, berries, vegetables, and animal products like mammalian edible offal and eggs. Limits vary, for example, up to 0.6 mg/kg for plums and 0.8 mg/kg for oranges.
Product Categories and Specific MRL Adjustments
The regulation categorizes products into detailed groups and subgroups, each assigned specific MRLs for the aforementioned pesticides. Key categories include:
- Fruits and Tree Nuts: Comprehensive MRLs are set for citrus fruits, pome fruits, stone fruits, berries, and a variety of tree nuts. For example, oranges have an MRL of 0.4 mg/kg for flutriafol, while almonds are regulated at 0.8 mg/kg.
- Vegetables: MRLs cover root and tuber vegetables, bulb vegetables, fruiting vegetables, brassica vegetables, leaf vegetables, legumes, stem vegetables, and more. Notably, tomatoes have an updated MRL of 1.5 mg/kg for flutriafol.
- Animal Products: Adjustments are made for products of animal origin, including muscle, fat, liver, kidney, edible offals, milk, and eggs. For instance, cattle muscle has an MRL of 0.01 mg/kg for azoxystrobin.
- Processed Products: The regulation also addresses processed food products, ensuring that MRLs remain within safe limits post-processing.
Specific Provisions and Limitations
- Mandipropamid in Radish Leaves: A specific provision sets an MRL of 50 mg/kg exclusively for radish leaves, distinguishing it from other members of the kale subgroup.
- Footnotes and Conditions: Certain pesticide-product combinations are accompanied by footnotes indicating conditions such as the presence of footnotes or lower limits of analytical determination. For example, azoxystrobin in swine muscle includes a footnote for additional considerations.
- Data Gaps and Revisions: The regulation acknowledges areas where data on residue trials or toxicity of metabolites are unavailable. Provisions are made for future submissions and revisions based on new information, such as the pending review of mandipropamid’s MRLs by 23 January 2026.
Implementation and Compliance
Article 2 mandates that the regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union. It is binding in its entirety and directly applicable in all Member States, ensuring uniform compliance across the European Union.
Annex II Amendments
The core of the regulation lies in the amendments to Annex II of Regulation (EC) No 396/2005. This annex details the specific MRLs for each pesticide across various product categories, organized by code numbers for precise identification. The annex replaces existing columns with updated MRL values, reflecting the latest safety assessments and international standards where applicable.
Council Implementing Regulation (EU) 2024/2672 of 8 October 2024 implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua
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Official Journal of the European Union
L Series
2024/2672
Date: 9 October 2024
COUNCIL IMPLEMENTING REGULATION (EU) 2024/2672
of 8 October 2024
Implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua
THE COUNCIL OF THE EUROPEAN UNION,
Article 1
Annex I to Regulation (EU) 2019/1716 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 8 October 2024.
For the Council
The President
VARGA M.
ANNEX
Annex I to Regulation (EU) 2019/1716 is amended as follows:
(1) Amendment to Section A: Natural persons referred to in Article 2
Entries 5 and 12 are replaced by the following:
5. Luís PÉREZ OLIVAS
- Date of birth: 8.1.1956
- Gender: male
- Position: Head of District Three Police Station in Managua since 2023, Former General Commissioner and Legal Assistance Main Officer (DAEJ) in the “El Chipote” penitentiary centre.
12. Alba Luz RAMOS VANEGAS
- Date of birth: 3.6.1949
- Gender: female
- Nationality: Nicaraguan
- Passport number: A0009864 (Nicaragua)
- Position: Former President of the Supreme Court of Justice of Nicaragua.
(2) Amendment to Section B: Legal persons, entities and bodies referred to in Article 2
Entry 2 is replaced by the following:
2. Supreme Electoral Council (Consejo Supremo Electoral)
- Address: Pista Juan Pablo II, Managua 14005, Nicaragua
- Website: https://www.cse.gob.ni/
- Email: [email protected]
ELI: http://data.europa.eu/eli/reg_impl/2024/2672/oj
ISSN 1977-0677 (electronic edition)
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Decision No 1/2024 of the EU-Egypt Association Council of 1 October 2024 amending the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2024/2653]
DECISION NO 1/2024 OF THE EU-EGYPT ASSOCIATION COUNCIL
Date of Adoption: 1 October 2024
Amendment to the Euro-Mediterranean Agreement
This decision amends the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, and the Arab Republic of Egypt. Specifically, it replaces Protocol 4, which concerns the definition of ‘originating products’ and methods of administrative cooperation, with a new protocol outlined in the annex.
Key Provisions
Article 1: Replacement of Protocol 4
Protocol 4 to the Euro-Mediterranean Agreement is replaced by the text provided in the Annex to this Decision. The new protocol introduces an alternative set of rules of origin based on the Transitional rules of origin pending the amendment of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin.
Article 2: Entry into Force
This Decision becomes effective immediately upon its adoption and is applicable from that date onward.
Protocol 4 – Definition of ‘Originating Products’ and Administrative Cooperation
Article 1: Applicable Rules of Origin
- Applies Appendix I and relevant parts of Appendix II of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin.
- All references to the “relevant agreement” in these appendices are to be construed as referring to the Euro-Mediterranean Association Agreement.
Article 2: Alternative Applicable Rules of Origin
- Introduces Transitional rules of origin as an alternative to the Convention’s rules.
- These Transitional rules are applicable until the amendment of the Convention comes into force.
Article 3: Dispute Settlement
- Disputes regarding verification procedures under Articles 32 and 34 are submitted to the Association Council if unresolved between customs authorities.
- Disputes between importers and importing customs authorities are settled under the national legislation of the importing country.
Article 4: Amendments to the Protocol
- The Association Council holds the authority to amend the provisions of the Protocol.
Article 5: Withdrawal from the Convention
- If either the EU or Egypt intends to withdraw from the Convention, negotiations on new rules of origin commence immediately.
- Existing rules of origin remain in effect bilaterally until new rules are adopted.
- Post-withdrawal, cumulation is limited to bilateral relationships between the EU and Egypt.
Annex: Protocol 4 Detailed Provisions
Title I: General Provisions
- Definitions: Clarifies terms such as “applying Contracting Party,” “Harmonised System,” “manufacture,” “material,” “value added,” among others.
Title II: Definition of ‘Originating Products’
- General Requirements: Products are considered originating if wholly obtained or sufficiently worked/processed as per Annex II.
- Wholly Obtained Products: Detailed list including mineral products, plants, live animals, products from hunting/fishing, etc.
- Sufficient Working or Processing: Criteria based on Annex II to confer originating status on products not wholly obtained.
- Tolerance Rule: Allows limited use (15%) of non-originating materials under specific conditions.
- Insufficient Working or Processing: Enumerates operations that do not qualify as sufficient for originating status.
- Cumulation of Origin: Rules allowing incorporation of materials from any applying Contracting Party, promoting cumulative trade relationships.
- Unit of Qualification: Defines how products are classified and assessed for origin determination.
Title III: Territorial Requirements
- Principle of Territoriality: Origin status must be continuously fulfilled within the territory.
- Non-Alteration: Products must remain unchanged except for preservation or authorized markings.
- Exhibitions: Provisions for products sent for exhibitions to be eligible for preferential treatment upon sale post-exhibition.
Title IV: Drawback or Exemption from Customs Duties
- Non-originating materials for certain products (Chapters 50-63) cannot qualify for customs duty exemptions.
Title V: Proof of Origin
- Defines acceptable proofs of origin: Movement certificate EUR.1 or origin declarations.
- Details conditions for making origin declarations, including issuer specifications and validity periods.
- Outlines procedures for issuing, issuing retrospectively, and duplicating movement certificates EUR.1.
- Sets validity of proofs to 10 months from issuance.
Title VI: Principles of Cooperation and Documentary Evidence
- Requires exporters to preserve proofs of origin and supporting documents for three years.
Title VII: Administrative Cooperation
- Mandates sharing of specimen stamps, authorization models, and addresses between customs authorities.
- Encourages mutual assistance in verifying authenticity and correctness of origin documents.
Title VIII: Application of Appendix A
- Specifies how rules apply to the European Economic Area, Liechtenstein, San Marino, Andorra, Ceuta, and Melilla.
- Details special conditions and incorporation of territories like Ceuta and Melilla into origin determinations.
Annexes Overview
Annex I: Introductory Notes to List in Annex II
- Provides general guidelines and examples for applying the rules of origin.
Annex II: List of Working or Processing Required on Non-Originating Materials
- Details specific manufacturing and processing requirements across various Harmonised System chapters to confer originating status.
- Covers a wide range of products from live animals, plants, chemicals, textiles, metals, machinery, to manufactured goods.
Annex III: Text of the Origin Declaration
- Provides multilingual templates for exporters to declare the origin of their products.
- Includes instructions on how to fill out the declaration, specifying origin and handling multiple product types.
Annex IV: Specimens of Movement Certificate EUR.1 and Application Form
- Includes physical examples and instructions for completing the EUR.1 movement certificate.
- Specifies formatting requirements to ensure authenticity and prevent falsification.
Annex V: Special Conditions for Ceuta and Melilla
- Defines how products from Ceuta and Melilla are treated under the origin rules.
- Ensures that these territories are considered a single unit for origin determination purposes.
Annex VI: Supplier’s Declaration
- Template for suppliers to declare the use of non-originating materials in their products.
- Includes sections for product description, materials used, and added value from processing outside the exporting party.
Annex VII: Long-Term Supplier’s Declaration
- Provides a template for suppliers to make long-term declarations covering multiple consignments.
- Streamlines the declaration process for regular supply chains.
Conclusion
DECISION NO 1/2024 introduces significant amendments to the existing Framework Agreement between the EU and Egypt, particularly in defining originating products and facilitating administrative cooperation. By replacing Protocol 4 with a new protocol and integrating Transitional rules, the Decision aims to streamline and enhance trade relations, ensuring that products qualify for preferential treatment based on clearly defined origin criteria.
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