Review of EU Legal Acts
Commission Delegated Regulation (EU) 2025/723
This regulation sets out detailed rules for calculating price differences between eligible aviation fuels and fossil kerosene and for allocating EU ETS allowances. The core aim is to incentivize the aviation industry to switch to more sustainable fuels.
Commercial aircraft operators can apply for allowances by reporting their use of eligible aviation fuels. The Commission will then determine the price differences between these fuels and fossil kerosene, using market prices, actual prices paid by operators, or a minimum selling price calculated by the Commission.
The regulation details the application process for allowances, the yearly calculation of average price differences considering market prices, ETS prices, and taxation differences. Commercial aircraft operators can report actual prices paid for eligible aviation fuels, subject to specific conditions.
The allocation of allowances is calculated based on flights covered by the EU ETS and those under Article 3c(8) of Directive 2003/87/EC. A correction procedure is in place for adjustments to allocated allowances. Operators receiving support must ensure the visibility of the Union’s support in their communications.
Directive (EU) 2025/794
This Directive amends Directives (EU) 2022/2464 and (EU) 2024/1760, concerning corporate sustainability reporting and due diligence requirements. The main change is the postponement of the dates for Member States to apply certain provisions of the original directives.
Specifically, the sustainability reporting requirements for large undertakings and parent undertakings are postponed by two years. The application date for Directive (EU) 2024/1760 is postponed by one year for the first set of companies.
Member States are required to transpose this Directive into national law by December 31, 2025. The Directive enters into force the day after its publication in the Official Journal of the European Union.
Commission Implementing Regulation (EU) 2025/720
This regulation authorises the use of a specific preparation of *Lentilactobacillus buchneri* DSM 32651 as a feed additive for all animal species. It is classified as a technological additive, specifically a silage additive, aimed at improving silage quality and preservation.
The additive can only be used with easy and moderately difficult to ensile fresh plant material. The minimum dose when not combined with other micro-organisms is 1 × 108 CFU/kg fresh plant material.
Users must establish operational procedures to address potential risks. Where risks cannot be eliminated, personal protective equipment must be used.
Review of each of legal acts published today:
Commission Delegated Regulation (EU) 2025/723 of 6 February 2025 supplementing Directive 2003/87/EC of the European Parliament and of the Council by laying down detailed rules for the yearly calculation of price differences between eligible aviation fuels and fossil kerosene and for the EU ETS allocation of allowances for the use of eligible aviation fuels
Here’s a breakdown of the Commission Delegated Regulation (EU) 2025/723:
This regulation establishes detailed rules for calculating price differences between eligible aviation fuels and fossil kerosene and for allocating EU ETS allowances for the use of eligible aviation fuels. It aims to incentivize the decarbonization of commercial air transport by supporting the transition from fossil fuels to more sustainable alternatives. The regulation outlines how commercial aircraft operators can apply for allowances by reporting their use of eligible aviation fuels, and it specifies how the Commission will determine the price differences between these fuels and fossil kerosene. This involves using market prices, actual prices paid by operators, or a minimum selling price calculated by the Commission.
The regulation is structured to define the scope and subject matter, provide necessary definitions, and detail the application process for allowances. It explains the yearly calculation of average price differences between eligible aviation fuels and fossil kerosene, including the factors considered such as market prices, ETS prices, and taxation differences. Furthermore, it outlines the process for commercial aircraft operators to report actual prices paid for eligible aviation fuels. The regulation also specifies how the amount of allowances to be allocated to commercial aircraft operators will be calculated, including considerations for flights covered by the EU ETS and those covered by Article 3c(8) of Directive 2003/87/EC. Finally, it includes a correction procedure for any necessary adjustments to the allocated allowances and emphasizes the importance of visibility for the support received by commercial aircraft operators.
Key provisions of the regulation include:
* **Eligibility and Application:** Commercial aircraft operators can apply for allowances by reporting the use of eligible aviation fuels in their annual emissions report.
* **Price Calculation:** The regulation provides a detailed methodology for calculating the price difference between eligible aviation fuels and fossil kerosene, considering market prices, actual prices paid by operators (under specific conditions), and a minimum selling price determined by the Commission.
* **Reporting Requirements:** Commercial aircraft operators have the option to report the actual prices they paid for eligible aviation fuels, which can be used in the price calculation if certain conditions are met, including a minimum coverage threshold of 25% of the total amount of that fuel reported.
* **Allocation Process:** The regulation outlines how the demand for allowances is determined for each operator, how the total demand is assessed against the available allowances, and how an allocation reduction factor is calculated and applied if demand exceeds the available allowances.
* **Transparency and Visibility:** Operators receiving support are required to acknowledge the origin of the support and ensure the visibility of the Union support in their communications, including sustainability statements, annual reports, and passenger tickets.
Directive (EU) 2025/794 of the European Parliament and of the Council of 14 April 2025 amending Directives (EU) 2022/2464 and (EU) 2024/1760 as regards the dates from which Member States are to apply certain corporate sustainability reporting and due diligence requirements (Text with EEA relevance)
This Directive (EU) 2025/794 amends two previous directives, (EU) 2022/2464 and (EU) 2024/1760, concerning corporate sustainability reporting and due diligence requirements. The main purpose of this amending directive is to postpone the dates from which Member States are required to apply certain provisions of the original directives. This postponement aims to reduce reporting burdens on companies and provide them with more time to prepare for new obligations, while still maintaining the EU’s commitment to the Green Deal and sustainable finance objectives.
The Directive consists of five articles. Article 1 amends Directive (EU) 2022/2464 by postponing the dates for the application of sustainability reporting requirements for certain large undertakings and parent undertakings, as well as for small and medium-sized enterprises. Article 2 amends Directive (EU) 2024/1760, postponing the dates for Member States to adopt and apply laws, regulations, and administrative provisions necessary to comply with the directive, and adjusts the application dates for different sets of companies based on their size and turnover. Article 3 requires Member States to transpose this Directive into national law by December 31, 2025. Article 4 states that the Directive will enter into force on the day following its publication in the Official Journal of the European Union. Article 5 specifies that the Directive is addressed to the Member States.
The most important provisions for practical use are those that change the application dates of the original directives. Specifically, the sustainability reporting requirements for large undertakings and parent undertakings are postponed by two years, and the application date for Directive (EU) 2024/1760 is postponed by one year for the first set of companies. These changes provide companies with additional time to prepare for and implement the new sustainability reporting and due diligence requirements.
Commission Implementing Regulation (EU) 2025/720 of 15 April 2025 concerning the authorisation of a preparation of Lentilactobacillus buchneri DSM 32651 as a feed additive for all animal species
This Commission Implementing Regulation (EU) 2025/720 authorises the use of a specific preparation of *Lentilactobacillus buchneri* DSM 32651 as a feed additive for all animal species. The additive is classified as a technological additive, specifically a silage additive, aimed at improving the quality and preservation of silage. The regulation is based on the European Food Safety Authority’s (EFSA) positive assessment regarding the safety and efficacy of the additive.
The regulation consists of two articles and an annex. Article 1 authorises the preparation of *Lentilactobacillus buchneri* DSM 32651 as a feed additive, outlining that it belongs to the ‘technological additives’ category and the ‘silage additives’ functional group, subject to the conditions specified in the annex. Article 2 states that the regulation will come into force twenty days after its publication in the Official Journal of the European Union. The annex specifies the identification number of the feed additive, its composition, analytical method, the animal species for which it is intended, and other provisions, including storage conditions, usage limitations, minimum dosage, and safety measures for users.
The most important provisions of this act are those listed in the Annex.
* The additive can only be used with easy and moderately difficult to ensile fresh plant material.
* Minimum dose of the additive when it is not used in combination with other micro-organisms as silage additives: 1 × 108 CFU/kg fresh plant material.
* For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal skin, eye and breathing protective equipment.
