This Practice Note tracks the developments related to Regulation (EU) 2022/2065 on a Single Market For Digital Services and amending Directive 2000/31/EC (EU Digital Services Act or EU DSA). The tracker is structured as follows: • General Court and Court of Justice cases • Other materials • VLOPs and VLOSEs designations • Legislative process For more information on enforcement cases, see Practice Note: EU Digital Services Act—enforcement cases tracker. Background In December 2019, in her political guidelines, the President of the Commission, Ursula von der Leyen, committed to implement a new EU DSA to upgrade liability and safety rules for digital platforms, services and products. It was intended that the EU DSA would amend the E-Commerce Directive and would have, by comparison, an extended scope, including facilities such as internet service providers, content delivery networks, search engines, blockchains and cloud services. A public consultation took place in 2020 which sought views on the main challenges arising around the provision of digital services, and online platforms in particular. A report of the results of

In 2015, the European Commission unveiled its Digital Single Market (DSM) Strategy, which includes plans to create a secure and unrestricted DSM in which consumers are free to shop online across borders, and businesses can sell across the EU regardless of their location. In a bid to give financial and economic impetus to the EU, the DSM Strategy, launched on 6 May 2015, housed a raft of legislative and non-legislative measures resting on three core pillars, namely: • ensuring better access for consumers and businesses to online goods and services across Europe • creating the right conditions for digital networks and services to flourish, and • maximising the growth potential of the European Digital Economy

Directives are legal instruments of the Union addressed to the Member States to attain the Union's objectives set out in the Treaties.

Key information Sustainable Use of Pesticides Directive Title Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework of Community action to achieve the sustainable use of pesticides (Sustainable Use of Pesticides Directive) Entry into force 25 November 2009 Transposition deadline 26 November 2011 National transposition measures See Eur-Lex information on national transposition measures, as provided by Member States Subject Sustainable use of pesticides Purpose and scope The aim of Directive (EC) 2009/128 (the Sustainable Use of Pesticides Directive) is to ensure the sustainable use of pesticides in the EU, and to reduce the risks and impacts on human health and the environment associated with their use. It also promotes the use of a particular set of methods for controlling pests without chemical input—an approach known as Integrated Pest Management (IPM). The term ‘pesticides’ for the purposes of the Sustainable Use of Pesticides Directive covers pesticides that are plant protection products (PPPs), as defined

Restructuring & Insolvency analysis: We look at the new Directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures (the Restructuring and Second Chance Directive) and how it will harmonise restructuring, insolvency and discharge procedures across all Member States, including its potential effect on the UK.

Key information Seveso III Title Directive 2012/18/EU of the European parliament and of the council of 4 July 2012 on the control of major accident hazards involving dangerous substances (Seveso III) Entry into force 13 August 2012 Deadline for transposition 31 May 2015 National transposition See Eur-Lex information on national transposition measures, as provided by Member States Repealing Council Directive 96/82/EC (Seveso II) from 1 June 2015 Amendments None Subject Hazardous substances, major accident prevention; industrial accidents Objectives Directive 2012/18/EU (Seveso III) aims to prevent major accidents involving dangerous substances and, where any such accidents do occur, to limit the consequences of such accidents for human health and the environment. The original Seveso directive (Directive 82/501/EEC) was enacted following a catastrophic accident involving a chemical plant in the Italian town of Seveso in 1976. This original directive was later amended by Seveso II (Directive 96/82/EC) following lessons learned from other industrial accidents such as Bhopal,

Background The Market Abuse Directive 2003/6/EC (MAD) was adopted in 2003 and established a legal framework throughout the EU to protect market integrity against instances of insider dealing and market manipulation. Following the widespread damage caused by the financial crisis however, a review into the effectiveness of MAD was undertaken which led to the European Commission (Commission) proposing that MAD be repealed and replaced. As a result, on 12 June 2014 the text of two new legislative tools was published in the Official Journal of the European Union: • Regulation (EU) 596/2014 (EU Market Abuse Regulation), and • Directive 2014/57/EU on criminal sanctions for market abuse (CSMAD) Taken together, the EU Market Abuse Regulation and CSMAD replaced MAD and introduced a new market abuse regime across the EU that encompasses a wider range of markets, products and behaviour than was previously provided for. The EU Market Abuse Regulation and CSMAD became effective on 3 July 2016. For information on the EU Market Abuse Regulation, see Practice Note: EU Market Abuse Regulation

The European Parliament has published a corrigendum to its position adopted at first reading as regards the third European Market Infrastructure Regulation (EU) 2024/... on measures to mitigate excessive exposures to third-country central counterparties (CCPs) and improve the efficiency of EU clearing markets, amending the European Market Infrastructure Regulation (EU) 648/2012 (EU EMIR), the Capital Requirements Regulation (EU) 575/2013 (CRR) and the Money Market Funds Regulation (Regulation (EU) 2017/1131) (EU MMF Regulation) (EMIR 3).

Regulation (EU) 2019/834 (EU EMIR REFIT) was published in the Official Journal of the EU on 28 May 2019 and has effect from dates beginning on 17 June 2019. Regulation (EU) 2019/2099 (EU EMIR 2.2) was published in the Official Journal of the EU on 12 December 2019 and has effect from 1 January 2020. This Practice Note summaries the changes made to Regulation (EU) 648/2012 (EU EMIR) by EU EMIR REFIT and EU EMIR 2.2. For detailed current information on EU EMIR, see Practice Notes: EU EMIR—essentials. EU EMIR—one minute guide, EU EMIR—level 2 and level 3 measures and the EU EMIR—timeline. EU EMIR REFIT The table below summarises the main changes made to EU EMIR by EU EMIR REFIT, which applies from 17 June 2019, except as stated below. EU EMIR provision amended by EMIR REFIT Summary of amendment Categorisation of counterparties Article 2(8) of Regulation (EU) 648/2012 (EU EMIR) Amended definition of financial counterparty (FC):• includes all EU Alternative Investment Funds (AIFs) (regardless of whether the AIF’s Alternative

This Practice Note has been archived and is no longer maintained. Regulation (EU) 2019/834 (EU EMIR REFIT) was published in the Official Journal of the EU on 28 May 2019 and has effect from dates beginning on 17 June 2019. Regulation (EU) 2019/2099 (EU EMIR 2.2) was published in the Official Journal of the EU on 12 December 2019 and has effect from 1 January 2020. This Practice Note summarises the changes made to Regulation (EU) 648/2012 (EU EMIR) by EU EMIR REFIT and EU EMIR 2.2. For detailed current information on EU EMIR, see Practice Note: EU EMIR—essentials and Checklist: EU EMIR—timeline. EU EMIR REFIT The table below summarises the main changes made to EU EMIR by EU EMIR REFIT. EMIR REFIT applies from 17 June 2019, except as stated below. EU EMIR provision amended by EMIR REFIT Summary of amendment Categorisation of counterparties Article 2(8) of Regulation (EU) 648/2012 (EU EMIR)Regulation (EU) 648/2012, Art 2(8) Amended definition of financial counterparty (FC):• includes all EU Alternative Investment

This Practice Note tracks divergence between European Market Infrastructure Regulation (EU) 648/2012 (EU EMIR) and Assimilated Regulation (EU) 648/2012 (UK EMIR). How to use this Practice Note This Practice Note can be used as a navigation aid when studying the provisions of Assimilated Regulation (EU) 648/2012 (UK EMIR), by providing a comparison with the corresponding provisions of Regulation (EU) 648/2012 (EU EMIR) regime. Set out below are links to all the Articles and Annexes in UK EMIR and EU EMIR respectively. Each part below provides information on: • the relevant Articles and Annexes as they currently stand, including: ◦ the most recent changes made, the date they were made, and details of the implementing/amending/repealing legislation ◦ proposed reforms to certain Articles • a brief summary of the points of divergence (ie how the relevant Article or Annex has evolved in the UK and/or the EU since 31 December 2020, being the end of the Brexit transition period) The degree of variance between the regimes is signposted as follows: Indicator Definition(s)   indicates

This Practice Note explains the key elements of Regulation (EU) 648/2012 (EU EMIR). EU EMIR—Introduction Key requirements of EU EMIR The European Market Infrastructure Regulation (EU) 648/2012 (EU EMIR) is the principal EU measure regulating the over-the-counter (OTC) derivatives market. Its key elements are: • a requirement to clear standardised OTC derivatives through a central counterparty (CCP)—see Clearing obligation below • a requirement to report derivative contracts to a trade repository (TR)—see Trade reporting obligation below • margin requirements for non-centrally cleared OTC derivatives—Margin requirements below, and • additional risk mitigation requirements for uncleared trades, including timely confirmation, portfolio reconciliation, portfolio compression and dispute resolution—see Additional risk mitigation requirements below Practice Note: UK Regulation of CCPs provides detailed information on the regulatory framework for CCPs set out in EU EMIR. EMIR level 2 and level 3 measures For an overview of the technical standards (TS) adopted by the Commission, guidelines published by the European Securities and Markets Authority (ESMA), and related consultations, final reports and technical advice, see Practice Note: EU EMIR—level 2 and level 3 measures. EMIR