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 Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 12.02.01 Implementation and development of the single market for financial services)

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

In order to ensure the requisite of legal security and homogeneity of the Internal Market, the EEA Joint Committee is to integrate all the relevant EU legislation into the EEA Agreement as soon as possible after its adoption and also allow for the participation of the EEA EFTA States in EEA relevant EU actions or programmes.

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend amend Protocol 31 to the EEA Agreement on cooperation in specific fields outside the four freedoms in order to allow the EEA EFTA States (Norway, Iceland, and Liechtenstein) to participate in the Union actions related to the Budget line 12 02 01: “Implementation and development of the single market for financial services”, entered into the general budget of the European Union for the financial year 2018.

•Consistency with existing policy provisions in the policy area

The annexed draft Joint Committee Decision is fully consistent with the aim of the EEA Agreement to promote a continuous and balanced strengthening of trade and economic relations between the Contracting Parties with equal conditions of competition, and the respect of the same rules, with a view to creating a homogeneous European Economic Area.

•Consistency with other Union policies

The Joint Committee Decision is also consistent with other Union policies, particularly through the aim to protect homogeneity of the EU Internal Market.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The substantial legal basis for this Coucnil proposal is Article 114 of the Treaty on the Functioning of the European Union, in conjunction with Article 218(9) thereof.

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

The Commission in cooperation with the EEAS submits the Draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The Commission 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.

•Proportionality
on the conclusion of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part has been negotiated by the Commission, as authorised by the Council in June 2011.

The Agreement was signed on 26 June 2012, subject to its conclusion at a later date, in accordance with Decision 2012/639/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 Agreements was signed on 22 July 2015.

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/2012/020 final), which was adopted on 27 January 2012 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.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER 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 core principles, and four annexes: Annex I on agreed services and specified routes; Annex II on transitional provisions, Annex III on the rules applicable to civil aviation and Annex IV with a list of other States referred to in Articles 3 and 4 and Annex I.

2012/0006 (NLE)

Amended proposal for a

COUNCIL DECISION

on the conclusion of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and the Republic of Moldova, of the other part
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The aim of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (hereafter: "the 1980 Hague Convention"), to date ratified by 101 countries, including all EU Member States, is to restore the status quo by means of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties.

As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Hague Convention and encourages third States to accede it.

Bolivia deposited the accession instrument to the 1980 Hague Convention on 13 July 2016. The Convention entered into force in Bolivia on 1st October 2016.

Article 38(4) of the 1980 Hague Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession.

The existence of the EU exclusive competence in the matter of the acceptance of the accession of a third State to the 1980 Hague Convention was confirmed by the Court of Justice of the European Union, which was consulted at the Commission's initiative.

On 14 October 2014, Opinion 1/13 of the Court of Justice of the European Union stated that the exclusive competence of the European Union encompasses the acceptance of the accession of a third state to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The Court insisted on the need for uniformity on the matter at EU level, avoiding a géométrie variable among Member States.

As the matter of international child abduction falls within the exclusive external competence of the European Union, the decision whether to accept the accession of Bolivia has to be taken at EU level by means of a Council Decision. The Member States of the European Union should thus deposit the declaration of acceptance concerning the accession of Bolivia in the interest of the European Union.

The acceptance of the Member States of the European Union would render the 1980 Hague Convention applicable between Bolivia and the EU Member States except Denmark.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The ‘Agreement on the promotion, provision and use of the Galileo and GPS (Global Positioning System) satellite-based navigation systems and related applications between the European Community and its Member States, of the one part, and the United States of America, of the other part’ (hereafter, the ‘Agreement’) was signed in 2004. It entered into force in 2011, after ratification by the U.S., the EU and all the Member States.

The objective of the Agreement is to provide a framework for cooperation between the Parties in the promotion, provision and use of civil GPS and Galileo navigation and timing signals and services, value-added services, augmentations, and global navigation and timing goods.

Article 20(5) of the Agreement provides that ‘This Agreement shall remain in force for ten years. At least three months before the end of the initial 10-year period, the Parties shall inform each other of their intention whether to extend the Agreement for a period of five years.’ The Agreement is due to expire on 12 December 2021.

In June 2021, the U.S. signalled its interest in seeking authority to pursue an extension of the Agreement. The Commission replied in September that it would seek authorisation from the Council of the European Union to extend the Agreement

The evaluation carried out by the European Commission clearly demonstrates that the Agreement provides an important framework for conducting and facilitating cooperation in satellite navigation between the EU and the U.S. leading to mutual benefits.

The Agreement is essential to understand each other’s satellite navigation landscape and establish together priority areas of mutual interest on international cooperation. It offers also a useful forum to assess past cooperation and determine future actions.

It is in the interest of the EU to renew this Agreement in order to continue to further engage in satellite navigation cooperation with the U.S..
amending Decision (EU) 2015/2169 on the conclusion of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part

EXPLANATORY MEMORANDUM

•Reasons for and objectives of the proposal

On 1 October 2015, the Council adopted Decision (EU) 2015/2169 on the conclusion of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part.

The Protocol on Cultural Cooperation annexed to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part ('the Protocol'), sets up in Article 1 the framework within which the Parties are to cooperate for the facilitation of exchanges regarding cultural activities, goods and services, including in the audiovisual sector.

The Protocol includes provisions on an entitlement to audiovisual co‐productions to benefit from the respective schemes.

Pursuant to Article 5(8)(b) of the Protocol, following the initial period of three years the entitlement will be renewed for further successive periods of the same duration, unless a Party terminates the entitlement by giving notice in writing at least three months before the expiry of the initial or any subsequent period.

In accordance with Article 3(1) of Decision (EU) 2015/2169 as it stands, the Commission is to provide notice to the Republic of Korea of the Union's intention not to extend the period of entitlement to co-production pursuant to Article 5 of the Protocol following the procedure set out in Article 5(8)(b) of the Protocol unless, on a proposal from the Commission, the Council unanimously agrees four months before the end of the period of entitlement to continue the entitlement.

By judgement of 1 March 2022 in case Commission v Council, the Court of Justice decided that the procedure established in Article 3(1) of Council Decision (EU) 2015/2169 does not comply with Article 218 TFEU in so far as it requires the Council to vote by unanimity. The applicable voting rule for the adoption of decisions as those envisaged by Article 3(1) of Council Decision (EU) 2015/2169 had to be that laid down in the first subparagraph of Article 218(8) TFEU, namely qualified majority voting in the Council.

It is therefore required to delete the requirement that the Council act by unanimity for the purpose of deciding on the continuation of the entitlement.

2.LEGAL BASIS

•Legal basis

The proposal amends Council Decision (EU) 2015/2169 and should therefore be adopted on the same legal basis, namely Articles 91, 100(2), 167(3) and 207 in conjunction with 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU), the Council acting by qualified majority after obtaining the consent of the Parliament.

•Choice of the instrument

The proposal amends Council Decision (EU) 2015/2169.

2022/0257 (NLE)

Proposal for a

COUNCIL DECISION
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Taxation of energy products and electricity in the European Union is governed by Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (the ‘Energy Taxation Directive’ or the ‘Directive’).

Pursuant to Article 19(1) of the Directive, in addition to the provisions laid down in particular in Articles 5, 15 and 17, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce further exemptions or reductions in the level of taxation for specific policy considerations.

Portugal is seeking authorisation to apply a temporary reduction of the national tax rates for gas oil and unleaded petrol used as motor fuels, below the minimum levels of taxation laid down in Article 7 of the Directive and Table A of Annex I to the Directive.

The requested period of validity is until 31 December 2022, which is within the maximum period allowed by Article 19(2) of the Energy Taxation Directive.

By letter dated 2 May 2022, the Portuguese authorities informed the Commission of their intention to apply the temporary measure. Additional information was provided on 11 and 23 May 2022, and on 8 June 2022.

According to the Portuguese authorities, the aim of the measure is to mitigate the high retail fuel prices associated with the consumption of motor fuels, resulting from the current geopolitical developments, and directly affecting both households and companies.

As regards energy prices and their trend, according to the figures provided by the Portuguese authorities, from the start of the year, prices (before taxes) have substantially risen for gas oil and for the most consumed type of unleaded petrol (gasolina 95).

The table below provided by the Portuguese authorities shows the average end-of-month retail price together with the price components for each month from January to May 2022.

According to Portugal, the excise duty appears to be the only price component on which it is possible to intervene to reduce retail prices in the short term. Hence, in its view, the derogation is necessary to remedy the current spike in energy prices in Portugal.

Indeed, according to the Portuguese authorities, it is not possible to reduce the first two price components in the table above (i.e. international prices for brent and oil derivatives (CIF) and unload and storage costs) because they are determined by the competitive forces of supply and demand in international markets.

As regards the third price component in the table above (biofuel incorporation costs), according to the Portuguese authorities, reducing or suspending the biofuel incorporation targets would have the following negative impacts:

(i) missing the relevant RED II targets (thus raising greenhouse gas emissions by increasing the fossil component in fuels);

(ii) damaging the biofuel industry and the animal feed production industry; and

(iii) increasing energy dependence due to greater use of imported fossil fuels.
ARCHIVESHISTORIQUES
DELACOMMISSION
COLLECTION RELIEEDES
DOCUMENTS "COM"
COM(78)565
Vol.1978/0219

Disclaimer
Conformément aurèglement(CEE,Euratom)n°354/83duConseildu1erfévrier1983
concernantl'ouvertureaupublicdesarchiveshistoriquesdelaCommunauté économique
européenneetdelaCommunautéeuropéennedel'énergieatomique(JOL43du15.2.1983,
p.1),telquemodifiéparlerèglement(CE,Euratom)n°1700/2003du22septembre2003
(JOL243du27.9.2003,p.1),cedossierestouvertaupublic.Lecaséchéant,lesdocuments
classifiésprésentsdanscedossierontétédéclassifiésconformément àl'article5dudit
règlement.
InaccordancewithCouncilRegulation(EEC,Euratom)No354/83of1February1983
concerningtheopeningtothepublicofthehistoricalarchivesoftheEuropeanEconomic
CommunityandtheEuropeanAtomicEnergyCommunity(OJL43,15.2.1983,p.1),as
amendedbyRegulation(EC,Euratom)No1700/2003of22September2003(OJL243,
27.9.2003,p.1),thisfileisopentothepublic.Wherenecessary,classifieddocumentsinthis
filehavebeendeclassified inconformitywithArticle5oftheaforementioned regulation.
InÜbereinstimmung mitderVerordnung(EWG,Euratom)Nr.354/83desRatesvom1.
Februar1983überdieFreigabederhistorischen ArchivederEuropäischen
Wirtschaftsgemeinschaft undderEuropäischen Atomgemeinschaft (ABI.L43vom15.2.1983,
S.1),geändertdurchdieVerordnung(EG,Euratom)Nr.1700/2003vom22.September2003
(ABI.L243vom27.9.2003,S.1),istdieseDateiderÖffentlichkeitzugänglich.Soweit
erforderlich,wurdendieVerschlusssachen indieserDateiinÜbereinstimmung mitArtikel5
dergenanntenVerordnungfreigegeben.

COMMISSION OFTHEEUROPEAN COMMUNITIES
COM(78)565final
Brussels,30October1978
•y
COMMUNICATION FROMTHECOMMISSION TOTHECOUNCIL
REPORTONTHEOPENING,ALLOCATION ANDMANAGEMENT OPTHE
COMMUNITYTARIFFQUOTAIN1978FORFROSENBEEFANDVEAL
I
C0M(78)565final

COMMJNTCATI02TFROMTHECOMMISSION TOTHECOUNCIL
.Subject:Reportontheopening,allocationand.managementoftheCommunity
tariffquotain1978forfrozenbeefand.veal.
Article6ofCouncilRegulation(EEC)U"0286l/77of19December197?
opening,allocatingandprovidingfortheadministration ofaCommunity
tariffquotaforfrozenbeefandvealfallingwithinsubheading02.01AII.(a)2
oftheCommonCustomsTariff(1978)providesthattheCommissionshall,'
notlaterthan-1October1978,submittotheCouncilareportonthequantities
forwhichlicenceshavebeenissuedineachMemberStateandthatthe.Council,
actingbyaqualifiedmajorityonaproposalfromtheCommission,shall
reallocateanyunusedquantities.
TheinformationatpresentavailabletotheCommission showsthati
-duringtheperiod1Januaryto31August1978licenceshavebeenactually
issuedforatotalof25.343tonnes,expressed .inbone-inmeat,namely$6
ofthetotalquantitiesprovidedfor; .
-whereastheactualgrantingoflicencesin1978hasbeencharacterized by
asubstantialadministrative delayinItaly:
t."
-atthe'339thmeeting,oftheManagementCommitteeforBeefandVealrepre­
sentativesoftheMemberStatesstatedthatthelicencesforthequantity
outstandingwouldbeissuedbetweennowandtheendoftheyear.
v
ForthesereasonstheCommissionconsidersitunnecessarytomakeany
re-allocation ofthequota. -
Annex:AllocationoftheCommunitytariffquota.
OJN°L330,23.12.1977,P.7.

AllocationoftheCommunitytariffcruota
1978
^'ofwhioh: •
Belgium:1.359Luxembourg:-■Netherlands:2„812(situationon10.8.1978)
ARCHIVESHISTORIQUES
DELACOMMISSION
COLLECTION RELIEEDES
DOCUMENTS "COM"
COM(80)320
Vol.1980/0115

Disclaimer
Conformément aurèglement(CEE,Euratom)n°354/83duConseildu1erfévrier1983
concernantl'ouvertureaupublicdesarchiveshistoriquesdelaCommunauté économique
européenne etdelaCommunauté européenne del'énergieatomique(JOL43du15.2.1983,
p.1),telquemodifiéparlerèglement(CE,Euratom)n°1700/2003du22septembre2003
(JOL243du27.9.2003,p.1),cedossierestouvertaupublic.Lecaséchéant,lesdocuments
classifiésprésentsdanscedossierontétédéclassifiés conformément àl'article5dudit
règlement.
Inaccordance withCouncilRegulation(EEC,Euratom)No354/83of1February1983
concerningtheopeningtothepublicofthehistoricalarchivesoftheEuropeanEconomic
Community andtheEuropeanAtomicEnergyCommunity (OJL43,15.2.1983,p.1),as
amendedbyRegulation(EC,Euratom)No1700/2003of22September2003(OJL243,
27.9.2003,p.1),thisfileisopentothepublic.Wherenecessary,classifieddocuments inthis
filehavebeendeclassified inconformitywithArticle5oftheaforementioned regulation.
InÜbereinstimmung mitderVerordnung(EWG,Euratom)Nr.354/83desRatesvom1.
Februar1983überdieFreigabederhistorischen ArchivederEuropäischen
Wirtschaftsgemeinschaft undderEuropäischen Atomgemeinschaft (ABI.L43vom15.2.1983,
S.1),geändertdurchdieVerordnung (EG,Euratom)Nr.1700/2003vom22.September2003
(ABI.L243vom27.9.2003,S.1),istdieseDateiderÖffentlichkeit zugänglich.Soweit
erforderlich,wurdendieVerschlusssachen indieserDateiinÜbereinstimmung mitArtikel5
dergenanntenVerordnungfreigegeben.

COMMISSION OFTHEEUROPEAN COMMUNITIESi
COM(80)320 Final
El&
&K^,K;;/Brussels,3June1ScO
REQUESTFORTHEAUTHORIZATION OFSEVERAL
PROVISIONAL TWELFTHS FORTHE
EUROPEAN PARLIAMENT •
(SECTIONIOFTHEGENERALBUDGETOFTHEEUROPEANCOMMUNITIES )
CCMC8C)320Final

Annex
Subject:Requestfortheauthorization ofseveralprovisional
tx^elfthsfortheEuropeanParliament (SectionIof
theGeneralBudgetoftheEuropeanCommunities )
Theheadingsmquestionareasfollows:
Chapter10:MembersoftheInstitution
Twotwelfths(totalappropriations forpayments)
(2874750EUA)
Chapter13:Expenditurerelatingtomissionsanddutytravel
Twotwelfths(totalappropriations forpayments)
(583300EUA)
Chapter21:Rentalofbuildingsandincidentalexpenditure
Onetwelfth(totalappropriations forcommitments )
(1006600EUA)
Threetwelfths(totalappropriations forpayments)
(3020000EUA)
Theseadditionaltwelfthsarerequired:
(a)inordertoreimburseMembersoftheEuropeanParliamentfor
travelandsubsistenceexpenses(Chapter10):
(b)inordertoenabletheInstitutiontooperateatitsthree
placesofwork(Chapter13);
(c)inordertomeetcertaincontractualcommitmentsinthis
area(Chapter21).
COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.07.1995 
COM(95) 289 final - SYN 487 
OPINION OF THE COMMISSION 
on the amendment proposed by the European Parliament 
to the Council's Common Position 
on the 
proposal for a 
COUNCIL DIRECTIVE 
ON UNIFORM PROCEDURES 
FOR CHECKS ON THE TRANSPORT OF 
DANGEROUS GOODS BY ROAD 
(presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) 

OPINION OF THE COMMISSION 
on the amendment proposed by the European Parliament 
to the Council's Common Position 
on the 
proposal for a 
COUNCIL DIRECTIVE 
ON UNIFORM PROCEDURES 
FOR CHECKS ON THE TRANSPORT OF 
DANGEROUS GOODS BY ROAD 
On 14 March 1995 the European Parliament amended the Common Position adopted by the 
Council on 21 November 1994 on the above-mentioned proposal. The amendment of the 
Parliament is at annex. 
Under Article 189 C, sub-paragraph (d) of the EC Treaty, the Commission has reexamined 
its proposal and decided not to accept the amendment regarding the preamble as this is 
superfluous. 
The Commission therefore maintains its proposal. 
Annex: 1 amendment 
EUROPEAN PARLIAMENT 
9 March 1995 A4-0025/1 
AMENDMENT 1 
tabled by Mr Jarzembowski, on behalf of the PPE Group 
RECOMMENDATION FOR SECOND READING (A4-0025/95) 
Rapporteur: Mr Donnay 
UNIFORM PROCEDURES FOR CHECKS ON THE TRANSPORT OF DANGEROUS 
GOODS 
Common position of the Council 
(C4-0241/94 - 00/0487(SYN))) 
CoauBon position of the Council Amendment 
(Amendment 1) 
Preamble, 4th indent 
Acting in accordance with the Acting in accordance with the 
procedure referred to in Article 189c procedure referred to in Article 189c 
of the Treaty; of the Treaty and in cooperation with 
the European Parliament; 
PE 188.667/1 
Or. en 

ISSN 0254-1475 
COM(95) 289 final 
DOCUMENTS 
EN 14 G7 
Catalogue number : CB-CO-95-319-EN-C 
ISBN 92-77-90925-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg