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The European Commission has published two Implementing Decisions, (EU) 2026/1231 and (EU) 2026/1313, together with updated Medical Device Coordination Group (MDCG) guidance, to harmonise the application of EN ISO 15223-1:2021/A1:2025 for symbols used in information supplied by manufacturers of medical devices and in vitro diagnostic medical devices. The measures update the harmonised standard by introducing a defined term for ‘authorised representative’ and replacing the existing ‘EC REP’ symbol with a jurisdiction-neutral ‘XX REP’ symbol, under which ‘EU REP’ is to be used for authorised representatives established in the EU.
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The European Commission has updated the List of Waste to include new battery-related waste codes, classifying black mass from batteries as hazardous waste. This decision aims to improve battery recycling, support the circular economy, and enhance the EU's strategic autonomy by keeping critical raw materials within the economy.
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Competition analysis: On 24 October 2024, the Court of Justice delivered its long-awaited judgment in Commission v Intel Corporation (Case C-240/22 P). In a high-profile finding against the Commission, the case focused on the application of Article 102 TFEU and the ‘as efficient competitor’ (AEC) test to exclusivity rebates. The judgment is notable in light of the EC draft Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings that were published shortly beforehand. The Guidelines attribute a presumption of likely exclusionary conduct to rebates of the type adopted by Intel between 2002 and 2007. Significantly, the Court of Justice judgment appears to reverse this by adopting an effects-based approach. It affirmed the General Court’s conclusion that loyalty rebates provided by a dominant entity are not per se abusive. Rather, a full assessment of their actual or potential effects on competition must be conducted. For Intel, a US company that designs, manufactures and sells processors and other semiconductor components, the judgment upholds the annulment of a EUR 1.06bn fine by the General Court (Intel v Commission, T-286/09 RENV) and partially resolves a 24-year-long saga on its conduct in the market for x86 processors. Written by Timothy McIver, partner at Debevoise & Plimpton LLP.
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The European Commission has welcomed Cambodia’s decision to join the World Trade Organization’s (WTO) Multi-party Interim Appeal Arbitration Arrangement (MPIA). Cambodia’s participation brings the arrangement to 62 WTO members, representing 60.4% of world trade. The Commission states that the arrangement brings together WTO members from different regions and levels of development. The MPIA preserves the right of participating members to appeal trade-dispute decisions while the WTO Appellate Body remains non-functioning, allowing disputes to be resolved through binding arbitration and avoiding appeals ‘into the void’. Under the arrangement, appeals are heard by arbitrators selected from a standing pool established by participating members. Established in 2020, the MPIA is open to all WTO members pending the restoration of a reformed and fully functioning WTO dispute-settlement system.
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The European Commission has welcomed the political agreement between the European Parliament and Council on the 'Omnibus' package to strengthen the InvestEU programme. The package, proposed by the Commission in February 2025, increases the EU guarantee for InvestEU by €2.9bn—expected to unlock €55bn in additional public and private investments—and allocates €40m to the InvestEU Advisory Hub. The reforms aim to streamline application procedures and reduce administrative burden, with simplified reporting projected to save up to €350m in costs. The agreement enables reinvestment of returns from past operations and facilitates Member States' ability to channel additional resources into InvestEU and provides extra support through the InvestEU Advisory Hub to help develop high-quality investment projects.
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The European Commission has welcomed a provisional agreement between the European Parliament and the Council of the EU on the sixth revision of the Carcinogens, Mutagens and Reprotoxic Substances Directive (CMRD). The agreement aims to strengthen protection for workers against cancer-causing chemicals by introducing clearer rules and occupational exposure limits for high-risk substances, including cobalt and inorganic cobalt compounds, polycyclic aromatic hydrocarbons (PAHs), 1,4-dioxane and isoprene. To allow industries time to adapt, it includes transitional periods, notably a six-year period with higher limits for cobalt and inorganic cobalt compounds and a temporary exposure limit for PAHs set at twice the new limit for seven years after the Directive enters into force. It also establishes a general occupational exposure limit for isoprene and, for 1,4-dioxane, a general occupational exposure limit, a short-term exposure limit and a biological limit value. In addition, welding fumes will be brought within the scope of the CMRD, new notations on exposure routes will be introduced, and employers’ obligations regarding protective and preventive measures will be clarified, including requirements relating to personal protective equipment and regular breaks for workers who use it. The agreed text now awaits formal adoption by the European Parliament and the Council of the EU.
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The European Commission has welcomed the adoption of the G7 Cybersecurity Working Group Declaration, issued under France's G7 Presidency and the leadership of the Agence Nationale de la Sécurité des Systèmes d'Information. The Declaration sets out four key priorities and highlights the need for co-ordinated action on: (1) post-quantum cryptography migration; (2) cybersecurity risks from and to artificial intelligence (AI) systems, with the Declaration highlighting the dual role of generative AI and large language models as tools for cyber offenders and as targets themselves, as well as the effect that emerging AI cyber capabilities, such as AI-assisted vulnerability discovery and AI-assisted code generation, may have on software security and vulnerability patching; (3) telecoms resilience, recognising telecoms as critical infrastructure and highlighting the systemic risks created by increasingly complex and interdependent networks and (4) small and medium-sized enterprise (SME) empowerment, focusing on 'secure by design' principles for products to help secure critical SMEs. The Commission will engage in the G7 Cybersecurity Working Group's autumn 2026 meeting to advance these priorities before the group's presidency transitions to the US for 2027.
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The European Commission has welcomed the provisional agreement between the European Parliament and Council on the Border Regions' Instrument for Development and Growth in the EU (BRIDGEforEU). This new regulation aims to facilitate the resolution of administrative and legal obstacles in cross-border regions. Key features include optional cross-border coordination points, a voluntary Cross-Border Facilitation Tool, and a public register of obstacles. The legislation covers land and maritime borders between EU member states, with provisions for cooperation with third countries. Only public or private law entities may initiate cross-border files. The Commission anticipates formal adoption and implementation in early 2024, following legal-linguistic revision.
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The European Commission has welcomed the Common Understanding agreed by the Consumer Protection Cooperation (CPC) Network, which outlines how national consumer protection authorities will enforce Directive (EU) 2024/825 (the Empowering Consumers for the Green Transition Directive). The Directive aims to improve the reliability and transparency of green claims and sustainability labels while helping to prevent greenwashing. Member States were required to transpose the Directive into national law by 27 March 2026, and the Directive will apply from 27 September 2026.
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The EU has welcomed the entry into force of the World Trade Organization's Agreement on Fisheries Subsidies. This landmark agreement, concluded at the WTO's 12th Ministerial Conference, aims to eliminate harmful subsidies that contribute to overfishing, illegal, unregulated and unreported (IUU) fishing and exploitation of vulnerable fish stocks. It also prohibits subsidies for fishing on the unregulated high seas and introduces robust transparency and notification requirements.
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The European Commission has welcomed the political agreement reached between the European Parliament and the Council of the EU on a new measure to protect the EU steelmaking sector against global overcapacity. The measure sets tariff-free quotas of 18.3 million tonnes per year, applies an out-of-quota duty of 50% to 30 categories of steel products and introduces a ‘melt and pour’ requirement to improve traceability and transparency in the EU steel supply chain. It will apply to imports from all countries except EEA countries, which will still be subject to the ‘melt and pour’ requirement.
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The European Commission’s Expert Group on B2B data sharing and cloud computing contracts has published its final report on 2 April 2025. This comprehensive document provides non-binding model contractual terms (MCTs) on data access and use, as well as standard contractual clauses (SCCs) for cloud computing contracts under Article 41 of the EU Data Act.