ddrg/super_eurlex huggingface dataset:
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XX (Environment) to the EEA Agreement

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

·Reasons for and objectives of the proposal

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex XX (Environment) to the EEA Agreement in order to incorporate Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels.

·Consistency with existing policy provisions in the policy area

The annexed draft Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein).

·Consistency with other Union policies

The extension of the EU acquis to the EEA EFTA States, through their incorporation into the EEA Agreement is conducted in conformity with the objectives and principles of that Agreement, aiming at establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

·Legal basis

The legislation to be incorporated into the EEA Agreement is based on Article 192(1) of the Treaty on the Functioning of the European Union.

Article 1(3) of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

The EEAS in cooperation with the Commission submits the draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The EEAS would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.

·Subsidiarity (for non-exclusive competence)

The proposal complies with the subsidiarity principle for the following reason.

The objective of this proposal, namely to ensure the homogeneity of the Internal Market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects, be better achieved at Union level.

The process of incorporation of the EU acquis into the EEA Agreement is conducted in conformity with the Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area which confirms the approach taken.

·Proportionality

In accordance with the principle of proportionality, this proposal does not go beyond what is necessary in order to achieve its objective.
amending Regulation (EU) 2017/1970 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Council, by Council Regulation (EU) 2017/1970, fixed the fishing opportunities for the Gulf of Bothnia herring (subdivisions 30-31) in 2018 based on and in line with the Baltic Sea Multi-annual Management Plan (Regulation (EU) 2016/1139). The EU quota was set at 84599 tonnes corresponding to the fishing mortality at MSY point value, i.e. 0.15 for the respective part of the stock with full analytical assessment that was provided by ICES.

In 2018 the amendment to Regulation (EU) 2016/1139 came into force as regards the MSY values for the Gulf of Bothnia herring stock in line with the latest advice provided by the International Council for the Exploration of the Sea (ICES). The amendment increases the numerical values of the MSY fishing mortality ranges from 0.11-0.15 to 0.15-0.21 and provides the legal basis to amend the respective fishing opportunities set in the Council Regulation (EU) 2017/1970.

This proposal sets the EU quota for the Gulf of Bothnia herring at the level of 95566 tonnes corresponding to the fishing mortality at MSY point value i.e. 0.21.

2.RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The issue has been raised and discussed by the Member States concerned during the AGRIFISH Council on 9-10 October 2017. The Commission agreed to consider the submitting as a matter of urgency an appropriate proposal to adapt the ranges for herring in the Gulf of Bothnia in the Baltic Sea Multi-annual Management Plan with a view to amend consequently the respective Baltic fishing opportunities for 2018.

The Baltic Sea Advisory Council submitted its position to the Commission on 15 January 2018 indicating that it would welcome a fast amendment of the Baltic fishing opportunities reflecting the latest scientific advice following the adoption of the amended Baltic multiannual management plan. It further stated that timely changes to the Baltic fishing opportunities as regards the stock of Gulf of Bothnia herring would make it possible for the national administrations to allocate the quotas to their fishermen without any losses or interruptions before the trapnet season starts in May.

3.LEGAL ELEMENTS OF THE PROPOSAL

The proposed amendment seeks to modify Council Regulation (EU) No 2017/1970 as described below.

The figures in the table pertaining to herring in zone: Subdivisions 30-31 (HER/30/31.) as established in the annex to the Regulation (EU) No 2017/1970 will have to be increased reflecting the changes to the fishing mortality as laid down in Regulation (EU) 2016/1139 as last amended by Regulation (EU) 2018/YYYY.

2018/0264 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) 2017/1970 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Council Regulation (EU) No 2018/120 fixes for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union vessels, in certain non-Union waters. These fishing opportunities are usually amended several times during the period in which they are in effect.

•Consistency with existing policy provisions in the policy area

The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy and are consistent with the Union's policy on sustainable development.

•Consistency with other Union policies

The measures proposed are consistent with other Union policies, in particular with the policies in the field of environment.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union.

The Union's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of the new basic regulation of the CFP.

•Subsidiarity (for non-exclusive competence)

The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty. The subsidiarity principle therefore does not apply.

•Proportionality

The proposal complies with the proportionality principle for the following reason: the CFP is a common policy. According to Article 43(3) of the Treaty it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.

•Choice of the instrument

Proposed instrument: regulation.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Article 301 of the Treaty on the Functioning of the European Union (TFEU) provides that the number of members of the European Economic and Social Committee (hereinafter "the Committee") shall not exceed 350 and that the Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee's composition.

Article 300(5) TFEU provides that the rules governing the nature of the composition of the Advisory Bodies "shall be reviewed at regular intervals by the Council to take account of economic, social and demographic developments within the Union. The Council, on a proposal from the Commission, shall adopt decisions to that end".

As of 1 July 2013, the composition of the Committee was adapted by Article 23(1) of the Act concerning the conditions of accession of the Republic of Croatia and Article 23(2) provided for a temporary increase of the number of the Committee members to 353 to take account of the accession of the Republic of Croatia. For the period 2015-2020, the Council adopted, on 14 July 2015, the decision determining the composition of the Committee in order to comply with the maximum number of 350 provided for in the Treaty. It led to the reduction by one seat each of the Estonian, Cyprus and Luxembourg delegations.

The current term of office of the European Economic and Social Committee will come to an end on 20 September 2020. Therefore, it is necessary that the Council adopts the decision on the composition of the Committee in time before the Council launches the procedure for the renewal of the Committee for the period 2020-2025.

The withdrawal of the United Kingdom from the European Union on 30 March 2019 will result in 24 vacant seats in the Committee.

The Commission is of the view that the current balance in the composition of the Committee should be maintained as far as possible, as it is the result of successive Intergovernmental Conferences.

Therefore, it is proposed to restitute to Estonia, Cyprus and Luxembourg the three seats these Member States lost following the last decision determining the composition of the Committee and leave the rest of the vacated seats empty as a reserve for possible future enlargements. As a result, for the period 2020-2025, the Committee would be composed of 329 members.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘EPPO’) was adopted on 12 October 2017 and entered into force on 20 November 2017. In accordance with Article 16(3) of Council Regulation (EU) 2017/1939, the European Prosecutors shall be appointed for a non-renewable term of 6 years. This term may be extended by decision of the Council for a maximum of three years.

Article 16(4) of Council Regulation (EU) 2017/1939 states that every three years, one third of the European Prosecutors shall be partially replaced. The Council, acting by simple majority, shall adopt the transitional rules for the appointment of European Prosecutors for and during the first mandate period.

This proposal provides for transitional rules for the partial replacement of the first group of appointed European Prosecutors. According to the proposed rules, one third of these European Prosecutors shall serve for a three-year mandate, instead of the usual six-year mandate established by Regulation (EU) 2017/1939, and subsequently be replaced, in order to comply with the rule on partial renewal set out in Article 16(4).

In order to ensure an impartial, transparent and fair system for determining which European Prosecutors will be appointed for a shorter first mandate period, it is proposed to create a system based on drawing of lots. This system will ensure that the determination of the European Prosecutors concerned will not be biased, including by reason of their nationality. The geographical range of the Member States in the EPPO College is ensured by the continued presence of one European Prosecutor per participating Member State as part of the EPPO College, and by the use of a random system that is neutral in geographic terms. This is in keeping with the indication of Recital (42) of Regulation (EU) 2017/1939.

The creation of a system based on drawing of lots is also consistent with similar mechanisms adopted in other comparable EU policy areas.

The proposal further contains provisions on the procedure to be followed for the drawing of lots, including the indication of the responsible institutions.

These measures are required by Regulation (EU) 2017/1939 as a condition for the setting-up of the College of the EPPO.
on guidelines for the employment policies of the Member States

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Treaty on the Functioning of the European Union provides that Member States are to regard their economic policies and promoting employment as a matter of common concern and shall coordinate their action within the Council. It provides that the Council is to adopt employment guidelines (Article 148), specifying that they must be consistent with the broad economic policy guidelines (Article 121).

While the validity of the broad economic policy guidelines is not limited to any specific period, the employment guidelines need to be drawn up each year. The guidelines were first adopted together (‘integrated package’) in 2010, underpinning the Europe 2020 strategy. In 2018 they were alligned with the principles of the European Pillar of Social Rights proclaimed in November 2017 by the European Parliament, the Council and the Commission, with a view to drive reforms at national level and to serve as a compass for a renewed process of convergence across Europe.

Along with the broad economic policy guidelines, the employment guidelines are presented as a Council Decision on guidelines for the employment policies of the Member States (Part II of the Integrated Guidelines) and provide the legal basis for country-specific recommendations.

The overall objectives and priorities expressed in the guidelines for the employment policies remain valid. By virtue of Article 148(2) TFEU, the validity of the Employment Guidelines for 2019 needs to be confirmed by a Council decision, following consultation of the European Parliament, the European Economic and Social Committee, the Committee of Regions and the Employment Committee. The employment guidelines were adopted on 16 July 2018, with the aim of ensuring a focus on policy implementation.

2.RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

n.a.

3.LEGAL ELEMENTS OF THE PROPOSAL

OJ L 224, 5.9.2018, p. 4.

2019/0056 (NLE)

Proposal for a

COUNCIL DECISION

on guidelines for the employment policies of the Member States



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 148(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the European Economic and Social Committee,
on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [RescUE]

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Protocol 31 to the EEA Agreement on “cooperation in specific fields outside the four freedoms” in order to extend the cooperation of the contracting parties in the area of civil protection. In the present case, the purpose of this amendment is to include Decision (EU) 2019/420 of the European Parliament and of the Council of 13 March 2019 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism to allow the EEA EFTA States to participate in the Union actions related to this EU Decision as of 21 March 2019.

•Consistency with existing policy provisions in the policy area

The annexed draft Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein) in the field of civil protection in order to improve the Union's response to natural and man-made disasters.

•Consistency with other Union policies

The extension of the EU acquis to the EEA EFTA States, through their incorporation into the EEA Agreement is conducted in conformity with the objectives and principles of that Agreement, aiming at establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legislation to be incorporated into the EEA Agreement is based on Article 196 of the Treaty on the Functioning of the European Union in conjunction with Article 218(9) thereof.

Article 1(3) of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

•Subsidiarity (for non-exclusive competence)

The proposal complies with the subsidiarity principle for the following reason.

The objective of this proposal, namely to ensure the homogeneity of the Internal Market, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects, be better achieved at Union level.

•Proportionality

In accordance with the principle of proportionality, this proposal does not go beyond what is necessary in order to achieve its objective.

•Choice of the instrument
on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and Ukraine to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the European Union

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The attached proposal constitutes the legal instrument for the conclusion of a Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and Ukraine to take account of the accession of Republic of Bulgaria, the Republic of Croatia and Romania to the European Union.

In accordance with the Acts of Accession of the Republic of Bulgaria, Romania and the Republic of Croatia, the three Member States shall accede to the international agreements signed or concluded by the European Union and its Member States by means of a protocol to those agreements.

The Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the the European Community and its Member States and Ukraine was signed on 1 December 2005 and entered into force on 1 December 2013 (“ the Agreement”).

Following the Council Decision of [….] to sign a Protocol to the Agreement to take account of the accession of the Republic of Bulgaria, Romania and the Republic of Croatia to the European Union, the Protocol was signed with the representative of Ukraine on [….].

The proposed Protocol makes the Republic of Bulgaria, Republic of Croatia and Romania contracting parties to the Agreement and commits the EU to providing an authentic version of the Agreement in Bulgarian, Croatian and Romanian.

2.LEGAL ELEMENTS OF THE PROPOSAL

Following the signature of the Protocol, the Commission proposes to the Council to authorise the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and Ukraine to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the EU.

2019/0207 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and Ukraine to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172, in conjunction with Article 218(6)(a) thereof,

Having regard to the Acts of Accession of the Republic of Bulgaria and Romania, and of the Republic of Croatia, and in particular Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament.

Whereas:
on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part has been negotiated under an authorisation received from the Council in June 2007.

The Agreement was signed on 15 December 2010, subject to its conclusion at a later date, in accordance with Decision 2012/750/EU of the Council and the Representatives of the Governments of the Member States, meeting within the Council. As regards the EU side, both the Union and its Member States are parties to this Agreement.

The ratification process has been completed by all Member States, except for the Republic of Croatia. The Republic of Croatia accedes to the Agreement in accordance with the procedure provided for in the Act of accession annexed to the Treaty of Accession of 5 December 2011, and the relevant Protocol on the accession of the Republic of Croatia to this Agreement was signed on 3 May 2016.

With a view notably to take account of the entry into force of the Treaty of Lisbon, and following the judgment of the European Court of Justice of 28 April 2015 in Case C-28/12, this proposal modifies the initial proposal of the Commission (under COM(2010)332 final), which was adopted on 24 June 2010 and subsequently submitted to the Council. In order to ease the examination by the Council, the whole of the relevant text is submitted as an amended proposal.

2.LEGAL BASIS

The legal basis for the proposal is Article 100 (2) of the Treaty on the Functioning of the European Union, in conjunction with Article 218 (6) (a)(v) and Article 218 (7) thereof.

3.RESULT OF EX-POST EVALUATIONS, STAKEHOLDARE CONSULTATIONS AND IMPACT ASSESSMENTS

Not applicable.

4.BUDGETARY IMPLICATIONS

The proposal has no implication for the budget of the Union.

5.OTHER ELEMENTS

·Summary of the proposed agreement

The Agreement consists of the main body including the main principles, and four annexes: Annex I on agreed services and specified routes, Annex II on transitional provisions, Annex III including list of civil aviation rules, and Annex IV with a list of other states referred to in Articles 3 and 4, and Annex I.

2010/0180 (NLE)

Amended proposal for a

COUNCIL DECISION