ddrg/super_eurlex huggingface dataset:
on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union

EXPLANATORY MEMORANDUM

The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, hereinafter referred to as 'the Agreement', was signed in Brussels on 9 February 1995 and entered into force on 1 July 1999.

According to its Act of Accession, Croatia undertakes to 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 Council Decision of 14 September 2012 authorised the Commission to open negotiations with the third countries concerned, in order to conclude the relevant protocols. Negotiations with the Kyrgyz Republic were successfully concluded by exchange of notes verbales.

The proposed Protocol incorporates the Republic of Croatia as a contracting party to the Agreement and commits the Union to providing the authentic version of the Agreement in the Croatian language.

The Commission requests the Council to conclude, on behalf of the European Union and its Member States, the Protocol.

The European Parliament will be called upon to give its consent to the Protocol.

2017/0185 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia 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 Articles 207 and 209 in conjunction with Article 218(6)(a) thereof,

Having regard to the Act of Accession 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

(1)In accordance with Council Decision No…/…./EU, the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union ('the Protocol') has been signed on …[Please insert date], subject to its conclusion at a later date.
amending Decision EU 2017/344 of the European Parliament and of the Council of 14 December 2016 on the mobilisation of the Contingency margin in 2017

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The European Parliament and the Council decided on 14 December 2016 to mobilise the Contingency margin in 2017 to address the needs stemming from the migration, refugee and security crisis, by increasing the commitment appropriations in the general budget of the EU for 2017 over and above the ceilings of Heading 3 (EUR 1 167 million) and Heading 4 (EUR 730 million). The decision also specifies the offsetting of the amount mobilised in years 2017, 2018 and 2019. Given the need to increase flexibility in the 2018 budget, the Commission proposes to amend the 2017 mobilisation decision and to adjust the offsetting profile to decrease the amount offset in Heading 5 in 2018 from EUR 570 million to EUR 318 million and correspondingly introduce offsetting of EUR 252 million in Heading 5 in 2020. This does not change the overall amount mobilised and offset.

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Decision EU 2017/344 of the European Parliament and of the Council of 14 December 2016 on the mobilisation of the Contingency margin in 2017

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, and in particular point 14, second subparagraph, thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)Article 13 of Council Regulation 1311/2013 laying down the multiannual financial framework for the years 2014-2020 has established a Contingency Margin of up to 0,03 % of the Gross National Income of the Union.

(2)In accordance with Article 6 of this Regulation, the Commission had calculated the absolute amount of this Contingency Margin for 2017.

(3)The European Parliament and the Council mobilised the Contingency margin in 2017 to allow financing above the commitment ceilings of EUR 1 906 150 960, of which EUR 1 176 030 960 for heading 3 (Security and citizenship).

(4)The 2018 budget requires an increase in the flexibility and therefore the offsetting of the contingency margin mobilised in 2017 is adjusted to decrease the amount offset in Heading 5 in 2018 and to introduce a corresponding offset in Heading 5 in 2020.

HAVE ADOPTED THIS DECISION:
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal concerns a draft Council Decision on the 2nd instalment of the financial contributions to the European Development Fund (EDF) to be paid by Member States in 2018.

The 11th EDF and other EDF funds which are still open (i.e. Eighth, Ninth and 10th EDF) are managed under the following set of rules:

The current Partnership Agreement between the members of the African, Caribbean and Pacific Group of States on one side, and the European Community and its Member States on the other side (the 'ACP-EU Partnership Agreement’) as last amended,

The Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (the '11th EDF Internal Agreement'),

Council Regulation (EU) 2015/323 on the Financial Regulation applicable to the 11th European Development Fund (the '11th EDF Financial Regulation').

The documents mentioned above contain multi-annual commitments by Member States to support the EDF treasury financially. The 11th EDF Financial Regulation provides for regular contributions to be made by Member States to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions which reflect the implementation of financial commitments previously decided.

Some of the headings in the explanatory memorandum are therefore not applicable to regular contribution calls such as this one.
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IX (Financial Services) to the EEA Agreement

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The two draft Decisions of the EEA Joint Committee (annexed to the proposed Council Decision) aim to amend Annex IX (Financial Services) to the EEA Agreement in order to incorporate the Transfer of Funds Regulation and the Fourth Anti-Money Laundering Directive including its supplementing Commission Delegated Regulation.

The adaptations appearing in the drafts of the annexed Decisions of the EEA Joint Committee go beyond what can be considered mere technical adaptations in the sense of the Council Regulation No 2894/94.The Union position shall therefore be established by the Council.

•Consistency with existing policy provisions in the policy area

The annexed draft EEA Joint Committee Decisions extend 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 114 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 with the Commission services submit the draft Decisions of the EEA Joint Committee for adoption by the Council as the Union’s position. The EEAS would hope to be able to present them 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
on the mobilisation of the EU Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2020

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EXPLANATORY MEMORANDUM

Council Regulation (EU, EURATOM) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020, and in particular the Article 10 thereof allows for the mobilisation of the European Union Solidarity Fund, within an annual ceiling of EUR 500 000 000 (2011 prices), over and above the relevant headings of the financial framework.

Point 11 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management set out the modalities for the mobilisation of the Fund.

The conditions of eligibility to the Fund are detailed in the Regulation of the European Parliament and the Council, amending Council Regulation (EC) No 2012/2002, which foresees that an amount of up to a maximum of EUR 50 000 000 in both commitment and payment appropriations shall be included in the budget for the payment of advances.

The Commission shall include these amounts in the Draft Budget 2020.

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the EU Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2020

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) N° 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund, and in particular Article 4a(4) thereof,

Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, and in particular point 11 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The European Union Solidarity Fund (the "Fund") aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations and to show solidarity with the population of regions struck by disasters.

(2)The fund is not to exceed a maximum amount of EUR 500 000 000 (2011 prices) as laid down in Article 10 of Council Regulation (EU, Euratom) N° 1311/2013.

(3)Article 4a(4) of amended Regulation (EC) N°2012/2002 provides that, where necessary in order to ensure the timely availability of budgetary resources, the Fund may be mobilised in an amount of up to EUR 50 000 000 for the payment of advances, entering the corresponding appropriations into the general budget of the Union.

(4)To ensure the timely availability of sufficient budgetary resources in the general budget of the Union for 2020, the Fund should be mobilised in the amount of EUR 50 000 000 for the payment of advances.

(5)In order to minimise the time taken to mobilise the Fund, this Decision should apply from the beginning of the 2020 financial year,
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal concerns a draft Council Decision on the second instalment of the financial contributions to the 11th European Development Fund (EDF) to be paid by Member States in 2019.

The 11th EDF and other EDF funds that are still open (i.e. Eighth, Ninth and 10th EDF) are managed under the following set of rules:

The current Partnership Agreement between the members of the African, Caribbean and Pacific Group of States on one side, and the European Community and its Member States on the other side (the 'ACP-EU Partnership Agreement’) as last amended,

The Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (the 11th EDF 'Internal Agreement'),

Council Regulation (EU) 2018/1877 on the Financial Regulation applicable to the 11th European Development Fund (the '11th EDF Financial Regulation').

The documents mentioned above contain multi-annual commitments by Member States to support the EDF treasury financially. The 11th EDF Financial Regulation provides for regular contributions to be made by Member States to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions that reflect the implementation of financial commitments previously decided.

Some of the headings in the explanatory memorandum are therefore not applicable to regular contribution calls such as this one.
on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2021, the annual amount for 2020, the first instalment for 2020 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2022 and 2023

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal covers:

– The ceiling amount of the contributions for 2021;

– The annual amount of the contributions for 2020;

– The amount of the first instalment of the contribution for 2020;

– Non-binding forecast for the expected annual amounts for the years 2022 and 2023.

The 11th EDF and other EDF funds that are still open (i.e. Eighth, Ninth and 10th EDF) are managed under the following set of rules:

The current Partnership Agreement between the members of the African, Caribbean and Pacific Group of States on one side, and the European Community and its Member States on the other side (the 'ACP-EU Partnership Agreement’) as last amended,

The Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (the 11th EDF 'Internal Agreement'),

Council Regulation (EU) 2018/1877 on the Financial Regulation applicable to the 11th European Development Fund (the '11th EDF Financial Regulation').

The documents mentioned above contain multi-annual commitments by Member States to support the EDF treasury financially. The 11th EDF Financial Regulation provides for regular contributions to be made by Member States to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions that reflect the implementation of financial commitments previously decided.

Some of the headings in the explanatory memorandum are therefore not applicable to regular contribution calls such as this one.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

In accordance with Article 19(7) of the 11th EDF Financial Regulation, the amount managed by the European Commission and the amount managed by the European Investment Bank (EIB) are specified separately.

In accordance with Article 46 of the 11th EDF Financial Regulation, the EIB has sent the European Commission its updated estimates of commitments and payments under the instruments it manages.

In accordance with Article 20(1) of the 11th EDF Financial Regulation calls for contributions shall first use up the amounts available from previous EDFs, one after the other. The calls for contributions in this proposal therefore concern amounts under the 10th EDF for the EIB and amounts under the 11th EDF for the European Commission.
amending Decision (EU) 2020/265 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2020 to be used for migration, refugee inflows and security threats, for immediate measures in the context of the COVID-19 outbreak and for reinforcement of the European Public Prosecutor's Office

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EXPLANATORY MEMORANDUM

The European Parliament and the Council decided on 27 November 2019 to mobilise the Flexibility instrument for an amount of EUR 778,1 million for heading 3 Security and Cititzenship as proposed by the Commission.

The Commission submits today draft amending budget (DAB) No 1/2020 that includes, amongst others, an overall increase of the level of commitment appropriations for heading 3 of EUR 423,3 million to meet the needs resulting from the increased migration pressure in Greece, to finance immediate measures required in the context of the COVID-19 outbreak and to cover an increase of the budget for the European Public Prosecutor’s Office (EPPO).

As allowed by Article 14 of the Council Regulation (EU, Euratom ) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020, this DAB proposes to use the Global Margin for Commitment (GMC) remaining available from 2018 for the increase linked to migration (EUR 350 million). The remaining part of the increase, not falling under the scope of the GMC (EUR 73,3 million), requires an additional mobilisation of the Flexibility Instrument.

Therefore, the present proposal accompanies DAB No 1/2020 in order to increase accordingly the amounts mobilised from the Flexibility Instrument and to extend the purpose of the mobilisation.

The adjusted mobilisation of the Flexibility Instrument will amount to EUR 851,4 million (from EUR 778,1 million) for heading 3.

This proposed mobilisation decision will amend Decision (EU) 2020/265 of 27 November 2019.

The indicative payment appropriations corresponding to the updated mobilisation of the Flexibility Instrument are presented in the table below:

(in million EUR, at current prices)

Year Payment appropriations related to the mobilisation of the flexibility instrument in 2020 2020 450,7 2021 342,2 2022 42,4 2023 16,1 Total 851,4

2020/0050 (BUD)

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Decision (EU) 2020/265 as regards adjustments to the amounts mobilised from the Flexibility Instrument for 2020 to be used for migration, refugee inflows and security threats, for immediate measures in the context of the COVID-19 outbreak and for reinforcement of the European Public Prosecutor's Office

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, and in particular point 12 thereof,

Having regard to the proposal from the European Commission,

Whereas:
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal concerns a draft Council Decision on the second instalment of the financial contributions to the 11th European Development Fund (EDF) to be paid by the parties to the EDF in 2021.

The 11th EDF and other EDF funds that are still open (i.e. Eighth, Ninth and 10th EDF) are managed under the following set of rules:

The current Partnership Agreement between the members of the African, Caribbean and Pacific (ACP) Group of States on one side, and the European Community and its Member States on the other side (the 'ACP-EU Partnership Agreement’) as last amended,

Decision No 2/2020 of the ACP-EU Committee of Ambassadors of 4 December 2020 to amend Decision No 3/2019 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement to further extend the application of the provisions of the ACP-EU Partnership Agreement until 30 November 2021, or until the entry into force of a new ACP-EU Agreement (‘the new Agreement’), or the provisional application between the Union and the ACP States of the new Agreement, whichever comes first.

Council Decision (EU) 2020/2233 concerning the commitment of the funds stemming from reflows under the ACP Investment Facility from operations under the 9th, 10th and 11th European Development Funds.

The Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (the 11th EDF 'Internal Agreement').

Council Regulation (EU) 2018/1877 on the Financial Regulation applicable to the 11th European Development Fund (the '11th EDF Financial Regulation').

The documents mentioned above contain multi-annual commitments by the parties to the EDF to support the EDF treasury financially. The 11th EDF Financial Regulation provides for regular contributions to be made by the parties to the EDF to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions that reflect the implementation of financial commitments previously decided.