The material is compiled by assistant lawyer Sofia Kurochka.
Information & Communication Technology
Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (Text with EEA relevance)
Date of effect: 2 May 2023
The purpose of the Digital Markets Act (DMA) is to ensure a level playing field for all digital companies, regardless of their size. The DMA establishes a set of narrowly defined objective criteria for qualifying a large online platform as a so-called “gatekeeper”. Under Article 46 of the DMA, the European Commission (the Commission) has been empowered to adopt implementing acts laying down rules concerning certain procedural aspects of the DMA. DMA became applicable on 2 May 2023, and potential gatekeepers that meet the quantitative thresholds established have until 3 July to notify their core platform services to the Commission.
See also: Guidelines on the DMA, Commission’s Q&A.
Commission Recommendation on combating online piracy of sports and other live events
Published: 4 May 2023
Recommendation encourages Member States, national authorities, holders of rights and providers of intermediary services to take effective, balanced and appropriate measures to fight unauthorised retransmissions of such streamings, in full compliance with fundamental rights and personal data protection rules. It also enhances the cooperation amongst the relevant national authorities, and between rightholders and intermediaries to better tackle the phenomenon of unauthorised retransmissions of live events.
See also: Press release
EDPS Annual Report 2022
Published: 27 April 2023
The European Data Protection Supervisor (EDPS) presented his Annual Report 2022. The report provides an overview of the EDPS’ ‘most significant activities’ throughout the year.
Agriculture
Commission Implementing Regulation (EU) 2023/903 of 2 May 2023 introducing preventive measures concerning certain products originating in Ukraine
Date of effect: 2 May 2023
The European Commission adopted temporary preventive measures on imports of a limited number of products from Ukraine under the exceptional safeguard of the Autonomous Trade Measures Regulation. The measures concern four agricultural products – wheat, maize, rapeseed and sunflower seed – originating in Ukraine. The measures will last until 5 June 2023.
See also: Press release
Environment
Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport ((ReFuelEU Aviation Initiative)
Status: Awaiting Parliament’s position in 1st reading
The Council and the European Parliament reached a provisional political agreement on a proposal aiming to decarbonise the aviation sector and create a level playing field for a sustainable air transport (ReFuelEU aviation initiative). The proposal aims to increase both demand for and supply of sustainable aviation fuels (SAF), while ensuring a level playing field across the EU air transport market.
See also: Press release
Regulation (EU) 2023/857 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, and Regulation (EU) 2018/1999
Adopted: 26 April 2023
Date of effect: 16 May 2023
This Regulation assigns strengthened emission reduction targets to each Member State for buildings, road and domestic maritime transport, agriculture, waste and small industries. These targets recognise the different starting points and capacities of each country. The update reflects the increased ambition enshrined in the European Climate Law.
Defence
Proposal for a Regulation of the European Parliament and of the Council on establishing the Act in Support of Ammunition Production
Adopted: 03 May 2023
The Act in Support of Ammunition Production (ASAP) is a direct response to the Council’s call to urgently deliver ammunition, and if requested missiles, to Ukraine and to help Member States refill their stocks. a response to track 3 of the plan agreed by the Council on 20 March, to urgently deliver ammunition and missiles to Ukraine and to help Member States refill their stocks. By introducing targeted measures including financing, the Act aims at ramping up the EU’s production capacity and addressing the current shortage of ammunition and missiles as well as their components. It will support the destocking from Member States (track 1) and the joint procurement for ammunition (track 2).
See also: Press release
Employment
Guidance for the safe management of hazardous medicinal products at work
Published: 28 April 2023
This European Commission guide provides practical examples for reducing workers’ exposure to hazardous medicinal products across all lifecycle stages: production, transport and storage, preparation, administration to human patients and animal patients as well as waste management. The non-binding guidance offers a broad range of practical advice for workers, employers, public authorities and safety experts to underpin their approaches to workers’ protection from hazardous medicinal products.
Trade
Notice concerning the valid proof of origin for imports into the European Union of products originating in Seychelles under the EU – Eastern and Southern Africa interim Economic Partnership. Agreement, as from 1 July 2023
Adopted: 28 April 2023
As from 1 July 2023, imports into the EU of products originating in Seychelles shall benefit from the preferential tariff treatment provided for in the interim Economic Partnership Agreement, exclusively upon submission of invoice declarations made out:
- by exporters from Seychelles registered in the EU’s REX system; or
- by any exporter for any consignment whose total value of originating products does not exceed EUR 6 000.
Commission’s complementary proposals to the Unitary Patent system
Published: 27 April 2023
The European Commission published reform proposals arising out of the IP Action Plan. The proposals published cover reforms relating to Supplementary Protection Certificates (SPCs), Standard Essential Patents (SEPs) and the EU’s compulsory licensing (CL) regime. Together these make up what the Commission has called its “patent package”.
See also: Press release