The material is compiled by assistant lawyer Sofia Kurochka.
Industry
Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance)
Published: 29 June 2023
Date of effect: 14 January 2027
This regulation replaces Machinery Directive 2006/42/EC. The Machinery Regulation intends to better cover new technologies such as autonomous mobile machinery (robots), internet of things with connected equipment, or artificial intelligence (AI), where specific modules of AI using learning techniques ensure safety functions. It provides greater clarity as to when there is a substantial modification to existing plant and machinery. If a substantial modification has taken place, the user becomes the manufacturer – with all the obligations that entails. The new Machinery Regulation lists six machine categories under “potentially high risk machinery” – including with regard to artificial intelligence – where machine manufacturers can no longer self-declare compliance in conjunction with a harmonised standard, as previously. In future, a notified body must be involved.
Sanctions
Published: 23 June 2023
The 11th EU-Russia Sanctions Package includes, among other key elements, new targeted sanctions against individuals and entities, an expansion of the restrictions on the sale, export and now also transit of certain goods and technology, as well as additional measures to prevent circumvention. It introduces a new anti-circumvention tool that allows the EU to restrict the sale and export of sanctioned goods to certain third countries. The package also targets “shadow” entities from Russia and third countries that intentionally circumvent EU sanctions.
See also: Press release.
Finance
Proposal for a Regulation of the European Parliament and of the Council on a framework for Financial Data Access and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010, (EU) No 1095/2010 and (EU) 2022/2554
Published: 28 June 2023
The proposed rules will improve consumer protection and competition in electronic payments, and will empower consumers to share their data in a secure way so that they can get a wider range of better and cheaper financial products and services. The Commission’s proposes to amend and modernise the current Payment Services Directive (PSD2) which will become PSD3 and establish, in addition, a Payment Services Regulation (PSR). These will ensure consumers can continue to safely and securely make electronic payments and transactions in the EU, domestically or cross-border, in euro and non-euro. Whilst safeguarding their rights, it also aims to provide greater choice of payment service providers on the market.
See also: Press release.
Published: 28 June 2023
The European Commission put forward two proposals within a ‘single currency package’. The package includes a legislative proposal establishing the legal framework for a possible digital euro as a complement to euro banknotes and coins. It will ensure that people and businesses have an additional choice – on top of current private options – that allows them to pay digitally with a widely accepted, cheap, secure and resilient form of public money in the euro area. If the proposal to establish the legal framework for the digital euro is adopted by the European Parliament and Council, it will ultimately be for the European Central Bank to decide if and when to issue the digital euro.
See also: Press release.
E-commerce
Commission Implementing Regulation (EU) 2023/1201 of 21 June 2023 on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council (‘Digital Services Act’)
Published: 22 June 2023
Date of effect: 12 July 2023
The Regulation lays down rules concerning practical arrangements for inspections and monitoring actions conducted by the European Commission pursuant to Articles 69 and 72 of the Digital Services Act.
See also: Press release.
Transport
Commission notice on interpretative guidelines concerning Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road 2023/C 222/01
Published: 22 June 2023
The revised Guidelines explain how the authorities concerned should define the scope of public service obligations, and they clarify the new provisions on the award of public service contracts that were introduced to by the 4th Railway Package in 2016. The Package introduced the principle of the competitive award of public service contracts in rail; this is expected to increase the cost-effectiveness of public rail transport services.
The Guidelines also clarify the rules applicable to staff protection when there is a change of public transport operator following the award of a new contract. They also explain how compensation for public service obligations should be determined to ensure that the Internal Market functions smoothly, and in line with EU State aid rules.
See also: Press release.
Data protection
Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act)
Status: the European Parliament and the Council reached political agreement
The Data Act aims to maximise the value of data in the economy by ensuring that a wider range of stakeholders gain control over their data and that more data is available for innovative use, while preserving incentives to invest in data generation.
The political agreement reached by the European Parliament and the Council is subject to formal approval by the two co-legislators. Once adopted, the Data Act will enter into force on the 20th day following its publication in the Official Journal and will become applicable 20 months after the entry into force.
See also: Press release.
Other
Regulation (EU) 2023/1322 of the European Parliament and of the Council of 27 June 2023 on the European Union Drugs Agency (EUDA) and repealing Regulation (EC) No 1920/2006
Published: 30 June 2023
Date of effect: 2 July 2024
The regulation revises the mandate of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) sets the EMCDDA on a one-year transition course. The EMCDDA will become the European Union Drugs Agency (EUDA) on 2 July 2024, the day on which the regulation enters into application. The main tasks of the agency will be the collection, monitoring, analysis and dissemination of data, better preparedness with early warning and risk assessment and evidence-based recommendations of actions as well as competence development to anticipate and counter drug related challenges.
The regulation will also strenghthen the role of the agency in the area of international cooperation. It tasks the agency to actively seek cooperation with international organisations. The agency will also be able to involve third countries in its work.
See also: Press release.
Commission Implementing Regulation (EU) 2023/1301 of 26 June 2023 amending Commission Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products
Published: 27 June 2023
Date of effect: 1 July 2023
All tariff-rate quotas of the steel safeguard will be increasingly liberalized as of July 2023. The implementing regulation updates the list of developing countries subject to or excluded from the safeguard measure, based on the latest import data from the year 2022.
