ddrg/super_eurlex huggingface dataset:
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 17.10.2007

COM(2007) 436 final

2007/0158 (ACC)

Proposal for a

COUNCIL REGULATION

repealing Regulation (EC) No 152/2002 concerning the export of certain ECSC and EC steel products from the former Yugoslav Republic of Macedonia to the European Community (double-checking system)

(presented by the Commission)

EXPLANATORY MEMORANDUM

In the proposal for a Council Decision on a Community Position concerning a Decision of the EC – the former Yugoslav Republic of Macedonia Stabilisation and Association Council amending Protocol 2 on steel products to the Stabilisation and Association Agreement, the Commission proposes to abolish the double-checking system for the imports of certain steel products from the former Yugoslav Republic of Macedonia into the Community.

Where the Stabilisation and Association Council would take such a decision, the present proposal would implement that Decision as far as the Community is concerned. As the Stabilisation and Association Council Decision it should enter into force on [1 January 2008].

The Council is therefore invited to approve the attached proposal.

2007/0158 (ACC)

Proposal for a

COUNCIL REGULATION

repealing Regulation (EC) No 152/2002 concerning the export of certain ECSC and EC steel products from the former Yugoslav Republic of Macedonia to the European Community (double-checking system)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

1. The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, established in Protocol 2 on steel products a double-checking system, without quantitative limits, for the import into the Community of steel products originating in the former Yugoslav Republic of Macedonia.

2. Regulation (EC) No 152/2002 of 21 January 2002 concerning the export of certain ECSC and EC steel products from the former Yugoslav Republic of Macedonia to the European Community (double-checking system) and repealing Regulation (EC) No 190/98[1], implemented the double-checking system.

3. By decision on xxx[2] the Stabilisation and Association Council amended Protocol 2 on steel products to repeal the double-checking system. Regulation (EC) No 152/2002 should therefore be repealed with effect from [1 January 2008],

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 152/2002 is hereby repealed.

Article 2

This Regulation shall enter into force on [1 January 2008].

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

Done at Brussels,

For the Council

The President

[1] OJ L 25, 29.1.2002, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

[2] OJ L xx, xx.xx.xxxx, p. x.
2010/0262 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the

position of the Council on the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items

1. Background

Date of transmission of the proposal to the European Parliament and to the Council (document COM(2010) 509 final – 2010/0262 COD): || 27/09/2010

Date of the position of the European Parliament, first reading: || 13/09/2011

Date of adoption of the position of the Council: || 21/02/2012

2. Objective of the proposal from the Commission

The EU dual-use export control system, as set out in Regulation (EC) No 428/2009, requires an authorisation for the export of dual-use items listed in Annex I to the Regulation. Under Article 15 of the Regulation, "the list of dual-use items set out in Annex I shall be updated in conformity with the relevant obligations and commitments, and any modification thereof, that Member States have accepted as members of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties".

The objective of the Commission's proposal is therefore to update the control list set out in Annex I of the Regulation, by introducing modifications agreed in the international export control regimes.

3. Comments on the position of the Council

The original proposal of the Commission covered modifications of the control list agreed in the international export control regimes in 2009. The Council's position envisages further updating the control list with modifications agreed in the export control regimes in 2010. Including both the 2009 and 2010 control list modifications in the current update exercise will allow the EU to adhere to its international commitments with regard to export controls and will significantly help EU exporters.

4. Comments on the position of the European Parliament

The European Parliament endorsed the original proposal of the Commission on 13 September 2011 and has expressed its support for integrating additional modifications to the control list in line with international commitments as suggested by the Council.

5. Conclusion

The Commission accepts the position taken by the Council.
2006/0084 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the

position of the Council on the adoption of a Regulation of the European Parliament and of the Council concerning investigations conducted by the European Anti-fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and of the Council Regulation (Euratom) No 1074/1999

1. Background

Date of transmission of the proposal to the European Parliament and to the Council (document COM(2006) 244 final – 2006/0084 COD): || 4 July 2006.

Date of the opinion of the European Economic and Social Committee: || n.a.

Date of the position of the European Parliament, first reading: || 20 November 2008.

Date of transmission of the amended proposal: || 17 March 2011.

Date of adoption of the position of the Council: || 25 February 2013.

2. Objective of the proposal from the Commission

The amended proposal of the Commission for amending Regulation (EC) 1073/1999 concerning investigations conducted by OLAF focuses on clarifying the procedural rights of the persons concerned by OLAF investigations and on enhancing the efficiency of its investigations, as well as on improving the cooperation with its partners (EU institutions and bodies, Member States, international organisations). The proposal also aims at clarifying the role of the OLAF Supervisory Committee and establishing an exchange of views with the institutions at political level to discuss the Office’s policy priorities.

3. Comments on the position of the Council

On 20 November 2008, the European Parliament adopted a resolution[1] in first reading under the co-decision procedure. It put forward approximately one hundred amendments to the Commission’s proposal.

In March 2011, the Commission adopted an amended proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti‑Fraud Office (OLAF) and repealing Council Regulation (Euratom) No 1074/1999.

Informal tripartite discussions took place from October 2011 to June 2012, with a view to reaching an agreement at the stage of Council's first reading.

On 4 December 2012 the Council confirmed its political agreement on the agreed text, and on 25 February 2013, the Council adopted its first reading position. All the amendments brought to the Commission amended proposal have been agreed during the informal tripartite discussions.

4. Conclusion

The Commission can therefore accept the amendments introduced by the Council to its proposal.

[1] European Parliament legislative resolution of 20 November 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF), P6_TA-PROV(2008) 553. For the preparing report see A6-0394/2008.
2013/0039 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the

position of the Council on the adoption of a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures (2011/0039 (COD))

1. BACKGROUND

Date of transmission of the proposal to the European Parliament and to the Council (document COM(2011) 82 final – (2011/0039 (COD): || 07 March 2011

Date of the opinion of the European Economic and Social Committee: || n.a.

Date of the position of the European Parliament, first reading: || 14 March 2012

Date of adoption of the position of the Council: || 15 November 2013

2. OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION

The Proposal reflects the changes in the legal framework of the Union and the institutional balance brought about by the entry into force of the Lisbon Treaty. It aligns the regulations contained therein with Articles 290 and 291 of the TFEU and with Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers, which was prompted by Article 291(3) of the TFEU.

Aligning the control of the Commission's exercise of implementing powers on the Regulation No 182/2011 will permit a more effective and efficient exercise of the Commission's implementing powers and contribute to a more effective and efficient common commercial policy. In aligning the procedures on the standard procedures, the proposal will also permit a more ready understanding of the procedures applicable in trade policy and the transparency provisions of the horizontal regulation will increase the overall transparency of the conduct of trade policy.

3. COMMENTS ON THE POSITION OF THE COUNCIL

The Council first reading position is in line with the outcome of the last trilogue between the EP and the Council held on 5 June 2013 and confirmed subsequently by the two institutions at COREPER and INTA level in July 2013.

4. CONCLUSION

The Commission can accept the amendments introduced by the Council to its proposal.
concerning the accession of the Republic of Croatia to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty of the European Union, on mutual assistance and cooperation between customs administrations

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Act of Accession of the Republic of Croatia contains a simplified system for accession of Croatia to the conventions and protocols concluded by the Member States on the basis of Article 34 TEU (previously Article K.3 TEU) or Article 293 EC. In fact, Article 3(4) of the Act of Accession simply provides that Croatia accedes to the conventions and protocols by virtue of the Act.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Articles 3(4) and (5) of the Act of Accession provide that the Council shall adopt a decision in order to determine the date on which these conventions and protocols shall enter into force for Croatia and to make all the necessary adjustments to these conventions and protocols required by reason of the accession of Croatia. The Council shall act on a recommendation of the Commission, after consulting the European Parliament.

Annex I to the Act of Accession gives the list of conventions and protocols concerned in the Justice and Home Affairs area.

This list includes the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations.

The accession of Croatia to the aforementioned Convention does not require adjustments thereto.

Hence this Commission Recommendation for a Council Decision is intended to only determine the date on which the Convention of 18 December 1997 shall enter into force for Croatia.

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

•Impact assessment

Because the Act of Accession already foresees the accession of Croatia to the conventions and protocols listed in Annex I to the Act, it is not necessary to proceed with a consultation of interested parties and an impact assessment of such an accession.

4.BUDGETARY IMPLICATIONS

None

5.OTHER ELEMENTS

•Detailed explanation of the specific provisions of the proposal

The Commission is invited to adopt the Recommendation for a Council Decision and to transmit it to the Council and the European Parliament.
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 04 03 01 03)

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

In order to ensure the requisite 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.

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

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Protocol 31 to the EEA Agreement on cooperation in specific fields outside the four freedoms in order to continue cooperation concerning free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries.

3.LEGAL ELEMENTS OF THE PROPOSAL

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 Commission 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.

2016/0072 (NLE)

Proposal for a

COUNCIL 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 04 03 01 03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46 and 48 in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area, and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Agreement on the European Economic Area ('the EEA Agreement') entered into force on 1 January 1994.

(2)Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement ('Protocol 31').
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 2016.

The 11th EDF and other EDF funds which are still open (i.e. 8th, 9th 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.
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

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION, Whereas:

(1)A new special instrument establishing a European Union Crisis Reserve financed from decommitted appropriations is provided for in Article 13a of Council Regulation (EU, Euratom) No 1311/2013 laying down the the mutliannual financial framework for years 2014 -2020 in order to allow the Union to react rapidly to crises, as well as to events with serious humanitarian or security implications.

(2)The procedure for mobilising the European Union Crisis Reserve needs to be provided for in the Interinstitutional agreement on budgetary discipline, cooperation in budgetary matters and on sound financial management,

HAVE AGREED AS FOLLOWS:

A new point 14a is introduced in part I, section B:

" European Union Crisis Reserve

14a When the Commission considers that the Reserve needs to be called on, it shall present to the two arms of the budgetary authority a proposal for a transfer from the Reserve to the corresponding budgetary lines.

Any Commission proposal for a transfer to draw on the Reserve, however, shall be preceded by an examination of the scope for reallocating appropriations.

In the event of disagreement a trilogue procedure shall be initiated.

The transfers from the Reserve shall be made in accordance with the Financial Regulation."

Done at Brussels,
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

According to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (hereinafter 'the VAT Directive') electronically supplied services including electronically supplied publications (hereinafter 'e-publications') have to be taxed at the standard VAT rate (minimum 15%). On the other hand, Member States have the option to tax publications on any means of physical support at a reduced VAT rate (minimum 5%) and some Member States were granted the possibility to continue to apply VAT rates lower than the current minimum of 5% (super-reduced rates) including exemptions with the deductibility of the VAT paid at the preceding stage (so called zero rates) to certain printed publications.

The VAT Directive prevents Member States from applying the same VAT rates to

e-publications as they currently apply to physical publications and the result is a markedly less favourable VAT treatment of e-publications in most Member States. While acknowledging the differences between printed publications and e-publications with regard to the format, they offer the same reading content for consumers.

Since 1 January 2015, with the entry into force of new "place of supply" rules, a harmonisation of VAT rates for electronically supplied services and in particular electronically supplied publications is no longer a requirement. VAT is since then levied, where the customer is based and suppliers can no longer benefit from being located in Member States with the lowest VAT rates.

As stated in the Commission's Action Plan on VAT the current rules on VAT rates do not fully take into account technological and economic developments with regard to e-books and electronic newspapers. Modernising VAT for the digital economy is also a key objective of the Digital Single Market Strategy.

In its conclusions of 25 May 2016 on the Action Plan on VAT the Council invited the Commission to present a legislative proposal which integrates provisions concerning VAT rates for e-publications in the context of Digital Single Market initiatives by the end of 2016 and include an impact assessment.

In line with the Council conclusions and the commitment in its 2016 Action Plan on VAT, the Commission proposes to grant all Member States, the possibility to apply the same VAT rates to electronically supplied publications as Member States currently apply to printed publications, which include reduced, super-reduced and zero rates.