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EC Treaty requirements meaning

What does EC Treaty requirements mean?
In practice, this refers to the criteria a company must meet to rely on the EU freedom of establishment. A company or firm constituted under the law of an EU Member State and having its registered office, central administration or principal place of business within the EU is treated, for establishment purposes, like a natural person who is a national of a Member State. This is set out in EU primary law (former Article 48 EC, now Article 54 TFEU) and developed by CJEU case law. It underpins non‑discriminatory access to form and operate subsidiaries, branches and agencies across the EU. The label “EC Treaty requirements” is a descriptive expression used in EU company and single market contexts to capture these conditions. Jurisdictional note: - Ireland: applies in full as a Member State. - England & Wales, Scotland and Northern Ireland: EU treaty rights to establishment ceased at the end of the Brexit transition, subject to limited savings under the Withdrawal Agreement for pre‑IP completion day matters. The Northern Ireland Protocol does not generally preserve establishment rights. Practitioners use this term when assessing equal treatment, regulatory authorisations, corporate mobility and recognition of companies within the EU.
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NEWS
UK Public Law weekly update: Brexit SIs, Safety of Rwanda Act ratified, ECHR climate ruling, Mercer Article 11, investigatory powers changes, FOI decisions, subsidy control and pensions

In this issue: Brexit headlines Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights State security and intelligence Information law Subsidy control and State aid Management and strategic planning LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Cabinet Office releases agenda for Windsor Framework Committee session. The Cabinet Office has issued the agenda for the Specialised Committee on the Implementation of the Windsor Framework, which met on 25 April 2024. Topics covered included delivering the Windsor Framework, the Joint Consultative Working Group, and engagement with stakeholders in Northern Ireland. See: LNB News 01/05/2024 75. Brexit SIs Protection of Trading Interests (Authorisation) (Amendment) Regulations 2024 (SI 2024/559): Made using powers in Council Regulation (EC) 2271/96 concerning assimilated law, this instrument updates UK secondary legislation relating to trade. It took...

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NEWS
EU law: weekly cross‑sector regulatory and enforcement updates (AI Act/GDPR, MiCA, DMA, TMT, financial services, payments, energy, environment, insurance, IP, life sciences, employment, trade) — 1 May 2025

In this issue: Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Data protection and cybersecurity Main challenges of EU AI Act-GDPR interplay identified by Member States MLex: EU countries flag potentially clashing legal duties, national governance models to secure regulatory coherence, and a call for clear legal guidance to reduce compliance burdens as the key concerns in aligning the EU AI Act with Regulation (EU) 2016/679 (the EU’s General Data Protection Regulation (EU GDPR)). European governments caution that the regimes’ differing supervisory approaches could produce inconsistent outcomes, which should be prevented through structured co-operation among the competent authorities. See News Analysis: Main challenges of EU AI Act-GDPR interplay identified by Member States. Free movement, immigration and employment European Parliament's Civil Liberties Committee...

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View the related Practice Notes about EC Treaty requirements

PRACTICE NOTES
EEA insurance passporting under Solvency II: scope, branch versus cross-border services, notification and change procedures, host-state general good rules, home/host supervision and EIOPA co-operation

This Practice Note outlines the passporting entitlements and associated notification obligations of insurance undertakings based in the EEA under Directive 2009/138/EC (the Solvency II Directive). The Treaty and Solvency II The Treaty on the Functioning of the European Union (TFEU) provides the overarching framework for freedom of establishment and the free movement of services within the EU. In the financial services sphere, including insurance, these freedoms are further detailed by the Single Market Directives. The regulatory regime for EEA life and non-life insurers and reinsurers—covering supervision, solvency, risk management, governance, reporting and passporting—is set out in the Solvency II Directive, supported by Commission Delegated Regulation (EU) 2015/35 (the Solvency II Delegated Regulation) together with applicable Implementing and Regulatory Technical Standards (RTS). Under Solvency II, an insurance undertaking that has secured authorisation from its home state regulator may exercise the right of establishment and/or provide cross-border services in other EEA Member States. The scope of passporting rights Passporting rights under Solvency II extend to those undertakings...

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PRACTICE NOTES
EU POPs Regulation (EC) 850/2004—overview of prohibitions, exemptions, waste and reporting; archived; enforcement in England and Wales; superseded by Regulation (EU) 2019/1021

Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC Latest consolidated version - September 2016 Entry into force: 20 May 2004 Transposition deadline: n/a Amendments Council Regulation (EC) No 1195/2006 of 18 July 2006, updating Annex IV to Regulation (EC) No 850/2004 on persistent organic pollutants (text with EEA relevance) Council Regulation (EC) No 172/2007 of 16 February 2007, revising Annex V to Regulation (EC) No 850/2004 on persistent organic pollutants (text with EEA relevance) Commission Regulation (EC) No 323/2007 of 26 March 2007, adjusting Annex V to Regulation (EC) No 850/2004 on persistent organic pollutants and revising Directive 79/117/EEC (text with EEA relevance) Regulation (EC) No 219/2009 of 11 March 2009, aligning various instruments subject to the procedure in Article 251 of the Treaty with Council Decision 1999/468/EC regarding the regulatory procedure with scrutiny - adaptation to the regulatory procedure with scrutiny - Part...

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