ddrg/super_eurlex huggingface dataset:
EXPLANATORY MEMORANDUM

The Interinstitutional Agreement of 17 May 2006[1] allows for the mobilisation of the Flexibility Instrument to allow the financing of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more headings of the multiannual financial framework.

In accordance with point 27 of the Interinstitutional Agreement, and after having examined all possibilities for re-allocating appropriations under heading 4, the Commission proposes to mobilise the Flexibility Instrument for the financing of the European Neighbourhood Policy, for an amount of EUR 153,3 million beyond the ceiling of heading 4.

The two arms of the budgetary authority are reminded that the publication of the Decision in the Official Journal of the European Union shall not intervene later than the publication for the General Budget for the year 2012.

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the Mobilisation of the Flexibility Instrument

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management[2], and in particular the fifth paragraph of point 27 thereof,

Having regard to the proposal from the European Commission,

Whereas, after having examined all possibilities for re-allocating appropriations under heading 4, it appears necessary to mobilise the flexibility instrument to complement the financing in the general budget of the European Union for the financial year 2012, beyond the ceiling of heading 4, of EUR 153,3 million towards the financing of the European Neighbourhood Policy,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2012, the flexibility instrument shall be used to provide the sum of EUR 153,3 million in commitment appropriations in heading 4.

That amount shall be used to complement the financing of EUR 153 343 576 for the European Neighbourhood Policy under heading 4.

Article 2

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

Done at Brussels,

For the European Parliament For the Council

The President The President

[1] OJ C 139, 14.06.2006, p. 1

[2] OJ C 139, 14.6.2006, p. 1.
EXPLANATORY MEMORANDUM

(1) On 27 October 2011 the Security Council of the United Nations decided that the ban on all flights in the airspace of Libya, which it had imposed by Resolution 1973(2011) of 17 March 2011, should be terminated from 23.59 Libyan local time on 31 October 2011.

(2) The High Representative for Foreign Affairs and Security Policy and the European Commission therefore propose to repeal the corresponding ban laid down in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.

2011/0337 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2011/…/CFSP of … 2011 amending Council Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya[1],

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1) By means of its Resolution 2016, the Security Council of the United Nations decided on 27 October 2011 that the ban on all flights in the airspace of Libya, which had been decided on 17 March 2011, should be terminated.

(2) Further to Decision 2011/137/CFSP this ban on flights has been given effect in the European Union by Regulation (EC) No 204/2011 concerning restrictive measures in view of the situation in Libya[2]as amended[3].

(3) In line with Decision 2011/…/CFSP the relevant provision of Regulation (EU) No 204/2011 should therefore be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

Article 4b of Regulation (EU) No 204/2011 is deleted.

Article 2

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

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 …, …2011, p. …

[2] OJ L 58. 3.3.2011, p. 1.

[3] Regulation (EU) No 296/2011 (OJ L 80, 26.3.2011, p. 2).
EXPLANATORY MEMORANDUM

The [Council Regulation laying down the multiannual financial framework for the years 2014-2020] allows for the mobilisation of the Flexibility Instrument to allow the financing of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more headings of the multiannual financial framework.

In accordance with [Article 11 of the Council Regulation laying down the multiannual financial framework for the years 2014-2020], and after having examined all possibilities for re-allocating appropriations under heading 1b, the Commission proposes to mobilise the Flexibility Instrument to complement the financing in the general budget of the European Union for the financial year 2014, beyond the ceiling of heading 1b, of EUR 78 380 000 towards the financing of the Cypriot Structural Funds programmes to grant an additional allocation from the Structural Funds to Cyprus.

The two arms of the budgetary authority are reminded that the publication of the Decision in the Official Journal of the European Union shall not intervene later than the publication of the general budget of the European Union for the financial year 2014.

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the Mobilisation of the Flexibility Instrument

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the [Council Regulation laying down the multiannual financial framework for the years 2014-2020, and in particular the Article 11 thereof,]

Having regard to the proposal from the European Commission,

Whereas, after having examined all possibilities for re-allocating appropriations under heading 1b, it appears necessary to mobilise the flexibility instrument to complement the financing in the general budget of the European Union for the financial year 2014, beyond the ceiling of heading 1b, of EUR 78 380 000 towards the financing of the Cypriot Structural Funds programmes to grant an additional allocation from the Structural Funds to Cyprus for the year 2014 by a total amount of EUR 100 000 000.

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2014, the flexibility instrument shall be used to provide the sum of EUR 78 380 000 in commitment appropriations in heading 1b.

That amount shall be used to complement the financing of the Cypriot Structural Funds programmes under heading 1b.

Article 2

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

Done at Brussels,

For the European Parliament For the Council

The President The President
on the conclusion of the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area (ECAA)

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Commission has negotiated, on behalf of the Union, a Multilateral Agreement on the establishment of a European Common Aviation Area (ECAA) between the European Community and its Member States and the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo, pursuant to a decision of the Council authorising the opening of negotiations on 10 December 2004.

The ECAA Agreement was signed on behalf of the Community on 9 June 2006, subject to its conclusion at a later date, in accordance with Decision 2006/682/EC of the Council and of the Representatives of the Member States of the European Union meeting within the Council, which authorized its signature and provisional application.

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 on 23 January 2014.

The proposal at issue modifies the initial proposal of the Commission (under COM (2006)113 Final), which was adopted on 14 March 2006 and subsequently submitted to the Council, with a view notably to take account of the entry into force of the Treaty of Lisbon. In order to ease examination by the Council, the whole of the relevant text is submitted as amended proposal.

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

Not applicable

3.LEGAL ELEMENTS OF THE PROPOSAL

Not applicable

4.BUDGETARY IMPLICATION

Not applicable

2006/0036 (NLE)

Amended proposal for a

COUNCIL DECISION

on the conclusion of the Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area (ECAA)

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,

Having regard to the proposal from the European Commission,
on guidelines for the employment policies of the Member States

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Treaty on the functioning of the EU provides that Member States are to regard their economic policies and promoting employment as matters of common concern and coordinate them within the Council. In two distinct articles, it provides that the Council is to adopt broad economic policy guidelines (Article 121) and employment guidelines (Article 148), specifying that the latter must be consistent with the former. Given this legal basis, the guidelines for employment and economic policies are presented as two distinct — but intrinsically interconnected — legal instruments:

–A Council Recommendation on broad guidelines for the economic policies of the Member States and of the Union -Part I of the Europe 2020 Integrated Guidelines;

–A Council Decision on guidelines for the employment policies of the Member States -Part II of the Europe 2020 Integrated Guidelines.

These guidelines implemented by the above mentioned legal instruments form together the integrated guidelines for implementing the Europe 2020 strategy. The employment guidelines were adopted on 5 October 2015, and as provided by the adoption decision should ensure a focus on policy implementation.

The overall objectives and priorities expressed in the guidelines for the employment policies remain valid. By virtue of Article 148(2), their validity for 2016 needs to be confirmed by a Council decision, following consultation of the European Parliament, the European Economic and Social Committee, the Committee of Regions and the Employment Committee.

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

n.a.

3.LEGAL ELEMENTS OF THE PROPOSAL

OJ L 268, 15.10.2015, p. 28.

2016/0043 (NLE)

Proposal for a

COUNCIL DECISION

on guidelines for the employment policies of the Member States

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 148(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament,
establishing the position to be taken on behalf of the European Union within the Joint Committee set up under the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union, with regard to the adoption of the rules of procedure of the Joint Committee for the management of the Agreement

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union entered into force on 1 December 2014. The Agreement established, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the visa issuing procedures for the citizens of Cape Verde and for the EU citizens. Article 10 of this Agreement sets up a Joint Committee tasked to monitor the implementation of the Agreement. The Joint Committee is obliged by Article 10(4) of the Agreement to lay down its rules of procedure.

The rules of procedure to be adopted will not be part of the Agreement.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The rules of procedure, which are to be adopted on the basis of the empowerment given to the representative of the Commission in the Joint Committee on the basis of this proposal will organise the work of the Joint Committee and help in preparing and managing its meetings.

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

The rules of procedure as annexed to the Annex of this proposal for a Council Decision are the outcome of consultation with responsible authorities in Cape Verde in June 2015. The Member States have been consulted in the written procedure which ended on 23.10.2015.

4.BUDGETARY IMPLICATIONS

This proposal has no impact on the EU budget.

2016/0081 (NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken on behalf of the European Union

within the Joint Committee set up under the Agreement

between the European Union and the Republic of Cape Verde

on facilitating the issue of short-stay visas

to citizens of the Republic of Cape Verde and of the European Union,

with regard

to the adoption of the rules of procedure of the Joint Committee for the management of the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular to Article 218(9) 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 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 93 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's 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 to it.

Peru deposited the accession instrument to the 1980 Convention on 28 May 2001. The Convention entered into force in Peru on 1 August 2001.

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.

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

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.

The 1980 Convention is already into force between Peru and the overwhelming majority of the EU Member States (25). Only Austria, Denmark and Romania have not yet accepted the accession of Peru to the Convention.

In the course of 2015, Peru has communicated to the Commission its interest in making the Convention enter into force also in respect of Austria and Romania, which should therefore be authorized by the European Union to accept the accession of Peru to the 1980 Convention.

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

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

–The ceiling for the annual amount of the contributions for 2018;

–The annual amount of the contributions for 2017;

–The amount of the first instalment of the contribution for 2017.

The 11th European Development Fund (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.
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 97 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.

Georgia deposited the accession instrument to the 1980 Convention on 24 July 1997. The Convention entered into force in Georgia on 1st October 1997.

The 1980 Convention is already into force between Georgia and 25 EU Member States. Only Luxembourg, Denmark and Romania have not yet accepted the accession of Georgia to the Convention.

South Africa deposited the accession instrument to the 1980 Convention on 8 July 1997. The Convention entered into force in South Africa on 1st October 1997.

The 1980 Convention is into force between South Africa and 26 Member States. Only Luxembourg and Romania have not yet accepted the accession of South Africa 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 Georgia and South Africa has to be taken at EU level by means of a Council Decision. Luxembourg and Romania should thus make the declaration of acceptance concerning the accession of Georgia and South Africa in the interest of the European Union.

The acceptance of Luxembourg and Romania would render the 1980 Convention applicable between Georgia and all EU Member States except Denmark. In relation to South Africa the 1980 Convention will become applicable with all EU Member States.