ddrg/super_eurlex huggingface dataset:
OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending for the twentieth time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (Short Chain Chlorinated Paraffins)

1. State of Procedure

The above mentioned proposal [COM(2000) 260 final] was adopted by the Commission on 20 June 2000 and then transmitted to the Council and European Parliament.

The Economic and Social Committee gave its Opinion on 29 November 2000.

The European Parliament approved the proposal with amendments in the first reading on 1 February 2001.

The Commission's amended proposal [COM(2001) 268 final] was adopted on 17 May 2001 and then transmitted to the Council.

The Council reached a political agreement with a qualified majority on 31 May 2001 and adopted its Common Position on 27 June 2001.

The European Parliament adopted two amendments in its second reading on 29 November 2001.

According to letter c) of the second paragraph of Article 251 of the EC Treaty, the Commission delivers an opinion on the amendments proposed by the European Parliament in its second reading.

2. Objective of the Directive

The Proposal, which is based on Article 95 of the Treaty, has the following two objectives:

- to preserve the Internal Market by introducing harmonised provisions with regard to the marketing and use of Short Chain Chlorinated Paraffins (SCCP);

- to provide a high level of protection of the environment by prohibiting the placing on the market of SCCP for use in metalworking and leather processing.

3. Opinion of the Commission on the amendments proposed by the European Parliament

3.1. Summary of the Commission's position

The Commission can not accept the two amendments proposed by the European Parliament in its second reading.

3.2. Amendment No. 1

Amendment No. 1 demands the full implementation of Parcom Decision 95/1 i.e. an extension of the scope of the proposed ban to include a ban on the use of SCCP as a plasticiser in paints or coating or as flame retardants in rubber, plastics or textiles. To add a ban on these uses, which have not been shown to pose risks by the risk assessment, would not be justified and would undermine the scientific basis of the basis proposed Directive. Furthermore, it would not respect the Community risk assessment.

3.3. Amendment No. 2

Amendment No. 2 demands the Commission to make proposals to reduce the use of other related substances. Other chlorinated paraffins are currently subject to risk assessment and could, if appropriate, be subject to risk reduction measures once the risk assessments have been finalised.

4. Conclusion

Taking account of the above, the Commission delivers a negative opinion on the two amendments and is not amending its proposal.
Proposal for a COUNCIL DECISION Replacing members of the European Social Fund Committee

(presented by the Commission)

EXPLANATORY MEMORANDUM

(1) Article 47 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds states that the Commission shall be assisted with regard to Objective 3 by a Committee pursuant to Article 147 of the Treaty.

(2) Article 49 of the same Regulation contains provisions setting out the procedures for the functioning of this Committee.

(3) This Article states that the Committee shall be composed of two government representatives, two representatives of workers' organisations and two representatives of employers' organisations from each Member State. The members and alternate members are to be appointed by the Council, acting on a proposal from the Commission, for a period of three years.

(4) On 8 October 2001, acting on a proposal from the Commission, the Council adopted a Decision appointing members and alternate members of the European Social Fund Committee for the period from 23 October 2001 to 22 October 2004.

(5) The term of office of the members of the European Social Fund Committee expires on 22 October 2004.

(6) It is necessary to appoint members and alternate members of the European Social Fund Committee for the seats that have become vacant for the period up to 22 October 2004.

Proposal for a COUNCIL DECISION Replacing members of the European Social Fund Committee

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 147 thereof,

Having regard to Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds [1], and in particular Articles 47 and 49 thereof,

[1] OJ L 161, 26.6.1999, p. 1

Having regard to the Council Decision of 8 October 2001 appointing members and alternate members of the European Social Fund Committee [2],

[2] OJ C 292, 18.10.2001, p. 1

Having regard to the proposal from the Commission,

Whereas:

(1) The Council, acting on a proposal from the Commission, by Decision of 8 October 2001 appointed the members and alternate members of the European Social Fund Committee for the period up to 22 October 2004;

(2) In the meantime, the seats of members and alternate members have become vacant in the categories of government representatives, employers' representatives and workers' representatives;

(3) Members must be appointed to the European Social Fund Committee for the seats that have become vacant,

HAS DECIDED AS FOLLOWS:

Article 1

The persons whose names are indicated in the Annex are hereby appointed members of the European Social Fund Committee for the remaining term of office, i.e. until 22 October 2004, as indicated.

Article 2

This decision shall be published in the Official Journal of the European Communities.

Done at Brussels,

For the Council

The President

ANNEX

>TABLE POSITION>
Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. In response to requests from several Member States, the Commission's departments, together with the government experts concerned, considered whether to open autonomous tariff quotas for certain industrial products.

2. Following the discussion, at a meeting of the Economic Tariff Questions Group, it was concluded that the Member States could approve new quotas for the products covered by the proposal for a Regulation, without disturbing the markets for such products.

Hence the attached proposal for a Regulation.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Council opened by virtue of Regulation (EC) No 2505/96 [1] Community tariff quotas for certain agricultural and industrial products; Community demand for the products in question should be met under the most favourable conditions; Community tariff quotas should therefore be opened at zero rates of duty for appropriate volumes, while avoiding any disturbance to the markets for these products;

[1] OJ L 345, 31.12.1996, p. 1; as last amended by Regulation (EC) No 2559/2001 (OJ L 344, 28.12.2001, p. 5).

(2) Regulation (EC) No 2505/96 should therefore be amended;

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 July 2002, the tariff quotas listed in the Annex to this Regulation shall be added to Annex I to Regulation (EC) No 2505/96.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [...]

For the Council

The President

[...]

ANNEX

>TABLE POSITION>

(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions.

>TABLE POSITION>

ANNEX

>TABLE POSITION>

Total loss of revenue in relation to the previous quota period for the current financial year : + 775.450 (47.125 + 1.456.650:2) EUR.

Total loss of revenue in relation to the previous quota period for the next financial year : + 728.325 (1.456.650:2) EUR.

FRAUD PREVENTION MEASURES

Provisions on the management of tariff quotas include the measures needed to prevent and protect against frauds and irregularities.
Proposal for a COUNCIL DECISION on the signing by the European Community of the Council of Europe Convention on contact concerning children

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Convention on contact concerning children ("the Contact Convention") was adopted on 3 May 2002 in Vilnius, Lithuania, by the Committee of Ministers of the Council of Europe. The Contact Convention aims at reinforcing the fundamental right of children and their parents and other persons having family ties with the child to maintain contact on a regular basis. To this end, the Contact Convention (a) determines general principles to be applied to contact orders, (b) provides appropriate safeguards and guarantees to ensure the proper exercise of contact and the immediate return of children at the end of the contact period, (c) establishes co-operation between the authorities concerned in order to improve and promote transfrontier contact.

The Contact Convention will be open for signature in Strasbourg, France, on 14 October 2002 on the occasion of the 6th European Conference on family law.

Article 22.1 of the Contact Convention allows for accession by the European Community.

The Contact Convention will contribute to the realisation of the aims underlying existing and future Community rules in the field of recognition and enforcement of judgments in the area of parental responsibility. Therefore, the Commission is hereby proposing that the Community should sign the Contact Convention, subject to a possible conclusion at a later date.

Proposal for a COUNCIL DECISION on the signing by the European Community of the Council of Europe Convention on contact concerning children

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c) in conjunction with the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission, [1]

[1] OJ C..., p...

Whereas:

(1) The Convention on contact concerning children, adopted on 3 May 2002 by the Committee of Ministers of the Council of Europe, makes a valuable contribution to reinforcing the fundamental right of children and their parents and other persons having family ties with the child to maintain contact on a regular basis. It is therefore desirable that its provisions be applied as soon as possible.

(2) The Convention will be open for signature in Strasbourg, France, on 14 October 2002.

(3) Article 22.1 of the Convention allows signature by the European Community.

(4) The Convention will contribute to the realisation of the aims underlying existing and future Community rules in the field of recognition and enforcement of judgments in the area of parental responsibility and covers matters of Community competence.

HAS DECIDED AS FOLLOWS:

Sole Article

Subject to a possible conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the European Community, the Council of Europe Convention on contact concerning children adopted on 3 May 2002.

Done at Brussels,

For the Council

The President
Proposal for a COUNCIL DECISION on the replacement of members of the European Social Fund Committee

(presented by the Commission)

EXPLANATORY MEMORANDUM

Replacement of members of the European Social Fund Committee

(1) Article 47 of Council Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds states that the Commission shall be assisted with regard to Objective 3 by a Committee pursuant to Article 147 of the Treaty.

(2) Article 49 of the same Regulation contains provisions setting out the procedures for the functioning of this Committee.

(3) This Article states that the Committee shall be composed of two government representatives, two representatives of workers' organisations and two representatives of employers' organisations from each Member State. The members and alternate members are to be appointed by the Council, acting on a proposal from the Commission, for a period of three years.

(4) On 8 October 2001, acting on a proposal from the Commission, the Council adopted a Decision appointing members and alternate members of the European Social Fund Committee for the period from 23 October 2001 to 22 October 2004.

(5) The term of office of the members of the European Social Fund Committee expires on 22 October 2004.

(6) It is necessary to appoint members and alternate members of the European Social Fund Committee for the seats that have become vacant for the period up to 22 October 2004.

Proposal for a COUNCIL DECISION on the replacement of members of the European Social Fund Committee

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 147 thereof,

Having regard to Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds, and in particular Article 49 thereof [1],

[1] OJ L 161, 26.6.1999, p. 1.

Having regard to the Council Decision of 8 October 2001 appointing members and alternate members of the Committee referred to in Article 147 of the EC Treaty [2],

[2] OJ C 292, 18.10.2001, p. 1.

Having regard to the proposal from the Commission,

Whereas:

(1) The Council, acting on a proposal from the Commission, by Decision of 8 October 2001 appointed the members and alternate members of the European Social Fund Committee for the period up to 22 October 2004.

(2) In the meantime, the seats of various members have become vacant as a result of resignations.

(3) Members must be appointed to the European Social Fund Committee for the seats that have become vacant,

HAS DECIDED AS FOLLOWS:

Article 1

The persons whose names are indicated in the Annex are hereby appointed members of the European Social Fund Committee for the remaining term of office, i.e. until 22 October 2004, as indicated.

Article 2

This decision shall be published in the Official Journal of the European Union.

Done at Brussels,

For the Council

The President

ANNEX

>TABLE POSITION>
OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a programme of Community action to promote organisations active at European level in the area of culture AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2003/0115 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a programme of Community action to promote organisations active at European level in the area of culture

1. INTRODUCTION

Article 251 (2), third subparagraph, point (c) of the EC Treaty provides that the Commission shall deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out below its opinion on the 5 amendments proposed by Parliament.

2. BACKGROUND

>TABLE POSITION>

3. PURPOSE OF THE COMMISSION PROPOSAL

Based on Article 151 of the EC Treaty, this Decision is intended, following the implementation of the new Financial Regulation applicable to the budget of the European Communities, to establish a basic act for awarding grants to promote organisations active at European level and support specific activities in the area of culture.

This programme will cover certain former budget lines in Part A, Chapter 30 of the budget, particularly those aimed at supporting the European Bureau for Lesser Used Languages and Mercator, protecting the sites of Nazi concentration camps as historical monuments, and awarding grants to organisations of European cultural interest.

4. OPINION OF THE COMMISSION ON THE EUROPEAN PARLIAMENT'S AMENDMENTS

Total number of amendments: 5

Amendments accepted in full: 5

The Commission accepts three amendments of a formal nature (amendments 1 to 3) designed to make the text consistent with the extension of the budget earmarking system until 2005.

The Commission also accepts two technical amendments (amendments 4 and 5) which seek to introduce two derogations from Article 112 (2) of the Financial Regulation [1] so as to take account of the entry into force of this new programme from 2004.

[1] Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L248, 16.09.2002)

5. CONCLUSION

Pursuant to Article 250 (2) of the EC Treaty, the Commission amends its proposal as set out above.
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 14.11.2006

COM(2006) 705 final

2005/0203(COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the

common position of the Council on the adoption of a Decision of the European Parliament and of the Council concerning the European Year of Intercultural Dialogue (2008)

2005/0203(COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the

common position of the Council on the adoption of a Decision of the European Parliament and of the Council concerning the European Year of Intercultural Dialogue (2008)

1. BACKGROUND

Date of transmission of the proposal to the EP and the Council (document COM(2005) 467 final – 2005/0203(COD)): | 6 October 2005 |

Date of the opinion of the European Economic and Social Committee: | 20 April 2006 |

Date of the opinion of the European Committee of the Regions: | 27 April 2006 |

Date of the opinion of the European Parliament, first reading: | 1 June 2006 |

Date of the revised proposal of the Commission (document COM(2006) 492 final): | 5 September 2006 |

Date of adoption of the common position: | 13 November 2006 |

2. OBJECTIVE OF THE COMMISSION PROPOSAL

Based on Treaty Article 151, the proposal is to declare 2008 to be the European Year of Intercultural Dialogue.

Intercultural dialogue is intimately linked to the fundamental ambition underlying the construction of Europe, namely to bring together the peoples of Europe. It should therefore be a priority throughout the EU to call upon European citizens, and all those living in the European Union, to play a full part in managing our diversity, which is enriched by all new migration flows, greater mobility as well as by the changes and additions brought about by globalisation.

Moreover, intercultural dialogue is an instrument which could facilitate the implementation of a series of strategic priorities for the Union.

A European Year devoted to intercultural dialogue constitutes a unique awareness-raising tool for affirming this priority and involving citizens. It is intended to provide momentum to what should be a long-lasting, sustainable process.

3. COMMENTS ON THE COMMON POSITION

The common position adopted by the Council on 13 November 2006 by unanimity is the result of negotiations between the three institutions and represents a compromise acceptable for all of them. In comparison with the amended proposal of the Commission, which itself accepted a large number of amendments voted by the European Parliament in first reading, the changes are minor and are of technical and linguistic character.

4. CONCLUSION

The Commission considers that the common position adopted on 13 November 2006 by unanimity is appropriate and it can therefore support it.
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 21.11.2007

COM(2007) 748 final

Proposal for a

COUNCIL DECISION

On establishing the European Community position within the Ministerial Council of the Energy Community (Belgrade, 18 December 2007)

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Ministerial Council of the Energy Community will meet on 18 December 2007 in Belgrade. In order for the European Community to take part in the relevant decisions, it is necessary to establish the position of the European Community pursuant Article 300 of the Treaty and in accordance with the provisions of the Council Decision of 29 May 2006 on the conclusion by the European Community of the Energy Community Treaty.

Proposal for a

COUNCIL DECISION

On establishing the European Community position within the Ministerial Council of the Energy Community (Belgrade, 18 December 2007)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300 paragraph 2, second subparagraph,

Having regard to Council Decision on the Conclusion by the European Community of the Energy Community Treaty (2006/500/EC – 29 May 2006), and in particular Article 4 and 5 thereof,

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Sole Article

In view of the meeting of the Ministerial Council of the Energy Community to take place in Belgrade on 18 December 2007, the position of the Community regarding the issues falling under the scope of Article 300 paragraph 2 second subparagraph of the Treaty is set out in Annex to this decision.

Done at Brussels, […]

For the Council

The President

[…]

ANNEX European Community position

- The European Community approves, as the EC's share of the overall budget, a budget contribution of maximum 2 500 000 € for 2008 and 2 940 000 € for 2009, subject to the adoption by the Commission of its proposal pursuant article 88 of the Energy Community Treaty.

- The European Community approves that, for the implementation of Directive 2005/89/EC, Directive 2004/97/EC and Regulation (EC) n° 1775/2005 in the Contracting parties, the timeframe for implementation should be of 2 years for the Directives and 1 year for the Regulation.