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On 10 February 2023, the European Commission finally adopted the Additionality Delegated Act, which outlines conditions under which hydrogen, hydrogen-based fuels or other synthetic fuels can be considered as renewable fuels of non-biological origin (RFNBOs).
This alert analyses the Additionality Delegated Act and its impact on the hydrogen market.

On 10 February 2023, the European Commission finally adopted the Methodology Delegated Act, which provides the methodology for calculating life-cycle greenhouse gas emissions for RFNBOs, which is necessary to determine whether or not they comply with the EU’s GHG emissions thresholds applicable to such fuels.
This alert analyses the Methodology Delegated Act.

Following the fifth trilogue on 28 February 2023, the European Council and European Parliament each confirmed that a provisional agreement on the new standard to fight greenwashing in the bonds market, the “European Green Bonds Standard”, has now been reached.
Despite initially divergent views on several contentious points, with the Parliament pushing for substantive amendments to the Council’s proposal of 13 April 2022 intended further to heighten regulation, supervision, transparency and accountability across the entire green bond market, this provisional agreement marks a significant step towards creating the first ‘best in class’ standard for issuing green bonds.

The publication of the July 2022 version of the European Commission’s Blue Guide on the implementation of European Union product rules aims to adapt to changes in European legislation on the marketing of products within the EU. In this sense, the aim is to improve the understanding of EU legislation and its application in the fields that make up the single market. The Guide is for guidance only, which means that it has no legal force. Among the most relevant changes are the introduction of specific sections on product repairs, software, online sales and Brexit.

Baker McKenzie’s Sanctions Blog published the alert titled Focus by US, EU, UK and other authorities on third countries and anti-circumvention of Russia sanctions on 8 March 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.

With the entry into force of Regulation (EU) 2019/1009 on fertilizer products, the regulatory framework for fertilizer products within the European Union has been updated. However, national regulations may continue to be used on an optional basis. This Regulation has extended the categories of fertilizers covered and it also provides for a number of obligations for manufacturers, importers and distributors of fertilizers, including the declaration of conformity and the CE marking. Finally, guidelines have also been established for the conformity assessment of these products.

On 6 February 2023, the European Council published Council Regulation (EU) 2023/246 on the exchange of information in electronic registers in the Official Journal of the European Union. The (recast) regulation extends the obligation to maintain electronic registers relating to economic operators who move excise goods between Member States for commercial purposes from 13 February 2023.