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 Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union

EXPLANATORY MEMORANDUM

The attached proposal constitutes the legal instrument for the conclusion of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

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 Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, hereinafter referred to as ‘the Agreement’, was signed on 21 June 1996 and entered into force on 1 July 1999.

Following the Council Decision of …. on the signing, on behalf of the European Union and its Member States, and provisional application 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 Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union, the Protocol was signed in… on …..

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 proposes that the Council concludes the Protocol on behalf of the European Union and its Member States.

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

2017/0083 (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 Republic of Uzbekistan, 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
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

On 30 May 2017 the Council authorised the Commission to open negotiations, on behalf of the Union, with the Republic of Lebanon ('Lebanon') on an International Agreement between the Union and Lebanon laying down the terms and conditions for the participation of Lebanon in the Partnership for Research and Innovation in the Mediterranean Area ('PRIMA').

According to the terms of the Council authorising decision, negotiations could only be started upon adoption of a Decision of the European Parliament and of the Council on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States.

The negotiations started on 26 June 2017 and were successfully completed on 18 July 2017, when the Chief Negotiators of the future Parties signed a procès-verbal certifying the conclusion of the negotiation process. The draft Agreement attached to this proposal is in line with the negotiating directives issued by the Council. In particular, it establishes that the terms and conditions for the participation of Lebanon in PRIMA shall be those set out in Decision (EU) 2017/1324, making direct reference to the Union legislative act.

In order to ensure the protection of Union financial interests, particularly the powers of the Commission, the European Anti-Fraud Office, the Court of Auditors and the PRIMA Implementation Structure (PRIMA-IS) to carry out audits and investigations in accordance with the applicable Union legislation, the Agreement makes specific reference to the relevant provisions of Decision (EU) 2017/1324 and obliges the Parties to provide all necessary assistance to ensure their implementation. In addition, the future Agreement stipulates that the Parties must agree on detailed arrangements for assistance, such arrangements being essential to their cooperation under this Agreement. Upon the request of Lebanon and as agreed during the negotiations, an additional recital was inserted in the preamble of the Agreement to reflect that full cooperation and coordination between competent authorities of both future Parties is essential for implementation of the future Agreement.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal concerns a draft Council Decision on the third instalment of the financial contributions to the European Development Fund (EDF) to be paid by Member States in 2017.

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 financially the EDF treasury. 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.
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 Convention"), to date ratified by 98 countries, including all EU Member States, is to restore the status quo by mean 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 Convention and encourages third States to accede it.

Ecuador deposited the accession instrument to the 1980 Convention on 22 January 1992. The Convention entered into force in Ecuador on 1 April 1992.

The 1980 Convention is already into force between Ecuador and 26 EU Member States. Only Austria and Denmark have not yet accepted the accession of Ecuador to the Convention.

Ukraine deposited the accession instrument to the 1980 Convention on 2 June 2006. The Convention entered into force in Ukraine on 1 September 2006.

The 1980 Convention is already into force between Ukraine and 26 EU Member States. Only Austria and Denmark have not yet accepted the accession of Ukraine to the Convention.

Article 38(4) of the 1980 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 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 Ecuador and Ukraine has to be taken at EU level by means of a Council Decision. Austria should thus make the declaration of acceptance concerning the accession of Ecuador and Ukraine in the interest of the European Union.

The acceptance of Austria would render the 1980 Convention applicable between Ecuador, Ukraine and all EU Member States except Denmark.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

On the basis of the relevant negotiating directives, the Commission conducted negotiations with the Government of Côte d’Ivoire with a view to concluding a new Protocol to the Fisheries Partnership Agreement between the European Community and the Republic of Côte d’Ivoire. At the end of those negotiations, a new Protocol was initialled on 16 March 2018. The Protocol covers a period of six years from the date of its provisional application, i.e. from the date on which it is signed, as it states in Article 15.

The main aim of the new Protocol is to provide fishing opportunities for Union vessels in Côte d’Ivoire waters, on the basis of the best available scientific advice and following the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT). This new Protocol takes account of the results of an evaluation of the previous Protocol (2014-2018) and a forward-looking assessment of whether a new Protocol should be concluded. Both were carried out by external experts. The Protocol will also allow the EU and the Republic of Côte d’Ivoire to collaborate more closely in order to promote the sustainable exploitation of fisheries resources in Côte d’Ivoire waters and support the efforts of Côte d’Ivoire to develop its blue economy, in the interests of both Parties.

The Protocol provides for fishing opportunities in the following categories:

– 28 tuna seiners;

– 8 surface longliners.

The method for allocating fishing opportunities among the Member States should be established.
on the signing, on behalf of the European Union and its Member States, and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

EXPLANATORY MEMORANDUM

The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, was signed in Brussels on 17 July 1995. The Agreement entered into force on 1 March 1998.

In its Act of Accession, the Republic of Croatia undertakes to accede to the international agreements already signed or concluded by the European Union and its Member States by means of a protocol to those agreements.

The attached proposal is the legal instrument for the signing and provisional application of the Protocol to the Agreement, to take account of the accession of the Republic of Croatia to the European Union.

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

On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned, in order to conclude the relevant protocols. The negotiations with the Republic of Tunisia were successfully concluded on 11 May 2018.

The Commission judges the results of the negotiations to be satisfactory and requests the Council to adopt the attached Decision on the signing and provisional application of the Protocol.

2018/0311 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union and its Member States,

and provisional application of a Protocol to the Euro-Mediterranean Agreement

establishing an association between the European Communities

and their Member States, of the one part, and the Republic of Tunisia, 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 Article 217, in conjunction with Article 218(5) 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,

Whereas:

(1)The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (hereinafter referred to as ‘the Agreement’), was signed in Brussels on 17 July 1995. The Agreement entered into force on 1 March 1998.

(2)The Republic of Croatia became a Member State of the European Union on 1 July 2013.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

•Reasons for and objectives of the recommendation

On 7 December 2015, the European Commission proposed an Aviation Strategy for Europe which included a number of proposals for Council decisions authorising the Commission to open negotiations between the European Union and certain third countries on comprehensive air transport agreements. One of these proposals (COM(2015) 609 final) was to open negotiations with the Association of Southeast Asian Nations (ASEAN).

On 7 June 2016, the Council decided to authorise the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the ASEAN Member States as regards matters falling within exclusive Union competence. The Council decision has a validity of four years i.e. it will expire on 7 June 2020.

In relation to the Council decision the Commission made a statement in which it considered that the time limitation of the authorisation is incompatible with the Treaties, and in particular with Article 218 (3) TFEU.

On 24 June 2016, the Commission informed the government of each of the 10 ASEAN Member States about the authorisation of the Council to open negotiations with the ASEAN Member States and invited ASEAN to start negotiations.

The first round of negotiations was held on 27-28 November 2016 in Brussels. The eigth and so far latest round of negotiations was held on 20-22 November 2018 in Salzburg. During the eigth round of negotiations most parts of the draft agreement were agreed while the two sides agreed to consult internally on a few outstanding issues.

Internal consultaions on the ASEAN side are still on-going.

The objective of this recommendation is to invite the Council to amend its Decision of 7 June 2016 without modifying the negotiating directives annexed to the Council’s decision.
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 02.03.01 Internal Market and Budget line 02.03.04 Internal Market Governance Tools)

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 Protocol 31 to the EEA Agreement on “cooperation in specific fields outside the four freedoms”. This is necessary to allow the EEA EFTA States to participate in Union’s programmes and actions funded from budget lines of the general budget of the European Union. In the present case, the purpose of this amendment is to allow the EEA EFTA States (Norway, Iceland, and Liechtenstein) to participate in the Union actions related to the Budget Line 02.03.01 “Internal Market” and Budget line 02.03.04 “Internal Market Governance Tools”, entered into the general budget of the European Union for the financial year 2020.

•Consistency with existing policy provisions in the policy area

The annexed draft Joint Committee Decision if 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 proposal is based on Article 114 TFEU 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, the proposal does not go beyond what is necessary in order to achieve its objective – to ensure the homogeneity of the Internal Market.

•Choice of the instrument
EUROPEAN COMMISSION Brussels, 22.1.2021 COM(2021) 13 final 2010/0112(NLE) Amended proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Protocol to amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part.



EXPLANATORY MEMORANDUM CONTEXT OF THE PROPOSAL •Reasons for and objectives of the proposal On 3 May 2010 the Commission adopted and subsequently submitted to the Council a proposal for a decision on the conclusion of the Protocol to amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (COM(2010) 208 final). Following the judgement of the European Court of Justice of 28 April 2015 in Case C-28/12, this proposal modifies the initial proposal of the Commission. In order to ease the examination by the Council, the whole of the relevant text is submitted as an amended proposal. 2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY Not applicable. 3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS Not applicable. 4.BUDGETARY IMPLICATIONS Not applicable. 5.OTHER ELEMENTS Not applicable. 2010/0112 (NLE) Amended proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Protocol to amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part. THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union and in particular Article 100 (2), in conjunction with Article 218 (6)(a) thereof,
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.

Tunisia deposited the accession instrument to the 1980 Hague Convention on 10 July 2017. The Convention entered into force in Tunisia on 1st October 2017.

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 Tunisia 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 Tunisia 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 Tunisia and the EU Member States except Denmark.