ddrg/super_eurlex huggingface dataset:
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 28.4.2004 
COM(2004) 345 final 
2000/0182 (COD)   
OPINION OF THE COMMISSION 
 
pursuant to Article 251 (2), third subpa ragraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 
 
repealing certain Directives on the hygiene of  foodstuffs and the health conditions for 
the production and placing on the market of certain products of animal origin intended 
for human consumption and amending  Directives 89/662/EEC and 91/67/EEC 
 
 2    2000/0182 (COD) 
OPINION OF THE COMMISSION 
 
pursuant to Article 251 (2), third subpa ragraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 
 
repealing certain Directives on the hygiene of  foodstuffs and the health conditions for 
the production and placing on the market of certain products of animal origin intended 
for human consumption and amending  Directives 89/662/EEC and 91/67/EEC 
1. I NTRODUCTION  
Article 251(2), third subparagr aph, point (c) of the EC Treaty provides that the 
Commission is to deliver an  opinion on the amendments proposed by the European 
Parliament at second read ing. The Commission sets out its opinion below on the 
amendments proposed by Parliament. 
2. B ACKGROUND  
Date of adoption of the proposal1 by the Commission 14.07.2000
Date of the opinion of the European  Economic and Social 
Committee2 28.03.2001
Date of the opinion of the Europ ean Parliament, first reading: 03.06.2003
Date of adoption of the amended proposal. 23.07.2003Date of political agreement in Council 22.07.2003
Date of adoption of the common position
3 27.10.2003
Adoption by Parliament of the Recommendation  
for a second reading : 30.03.2004
                                                 
1 OJ C 365 E, 19.12.2000, p. 132. 
2 OJ C 155, 29.5.2001, p. 39. 
3 OJ C 48 E, 24.2.2004, p. 131. 
 
 3    3. P URPOSE OF THE PROPOSAL  
Fifth proposal of a package of five pr oposals consolidating and updating current 
Community rules on food hygiene. 
The proposal aims to: 
• Repeal 17 Directives on food hygiene, 
• Amend other Directives having a direct link to food hygiene, 
• Introduce a saving and standstill clause in order to ensure that essential 
temperature and microbiological requirements  would remain in place and that the 
implementing rules based on the repeal ed Directives continue to apply. 
4. O PINION OF THE COMMISSION ON THE AMENDMENTS BY THE EUROPEAN 
PARLIAMENT  
No amendments in second reading. 
5. C ONCLUSION  
No amended proposal needed.
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of the proposal for a decision of the European Parliament and the Council amending Decision 1419/1999/EC establishing a Community action for the European Capital of Culture event for the years 2005 to 2019

2003/0274 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of the proposal for a decision of the European Parliament and the Council amending Decision 1419/1999/EC establishing a Community action for the European Capital of Culture event for the years 2005 to 2019

1- BACKGROUND

Proposal sent to the EP and the Council

(Document COM (2003) 700 -2003/0274(COD)) // 17 November 2003

Opinion of the Committee of the Regions // 21 April 2004

Opinion of the European Parliament at the first reading // 22 April 2004

Common position adopted // 21 October 2004

2- SUBJECT OF THE COMMISSION'S PROPOSAL

The Decision of the European Parliament and the Council 1419/1999/EC provides for participation by the 15 old Member States in the European Capital of Culture event, in chronological order between 2005 and 2009.

The sole aim of the proposal for an amendment to this decision is to enable the new Member States to be integrated quickly into the European Capital of Culture event. The Commission has thus proposed that, from 2009, the new Member States be added to the list of current Member States in the Decision, in a chronological order to be agreed upon by the new Member States.

3- COMMENTS ON THE COMMON POSITION

The Council has unanimously adopted the Commission's amended proposal. The proposal included only amendment 1 voted by the Parliament (introducing a recital on adjusting the budget to allow for the fact that there will be two capitals per year).

4- CONCLUSIONS

The Commission therefore considers that the text of the common position is acceptable.
Brussels, 10.12.2004

COM(2004) 797 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2287/2003 as concerns fishing opportunities for herring in the Baltic Sea

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 2287/2003 fixes for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required.

An amendment of the Regulation is required following the adoption in September 2004 of a recommendation in the International Baltic Sea Fisheries Commission (IBSFC) to increase the fishing possibilities for herring by 10 000 tonnes in Management Unit 3.

The Council is requested to adopt this proposal as soon as possible in order to allow fishermen to plan their activities for this fishing season.

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2287/2003 as concerns fishing opportunities for herring in the Baltic Sea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy [1], and in particular Article 20(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The international Baltic Sea Fisheries Commission (IBSFC) adopted a recommendation in September 2004 to increase the fishing opportunities for herring by 10 000 tonnes in Management Unit 3. Implementation of that recommendation in the Community legal order should be ensured.

(2) Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of stocks, applicable in Community waters and for Community vessels, in waters where limitations in catch are required[2] should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IA to Regulation (EC) No 2287/2003 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third 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

ANNEX

In Annex IA to Regulation (EC) No 2287/2003

the entry concerning the species Herring in Management Unit 3 is replaced by the following:

+++++ TABLE +++++

“

[1] OJ L 358, 31.12.2002, p. 59.

[2] OJ L 344, 31.12.2003. p. 1. Regulation as last amended by Commission Regulation (EC) No 1645/2004 (OJ L 296, 21.9.2004, p. 3).
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 17.11.2009

COM(2009) 638 final

Proposal for a

COUNCIL REGULATION

repealing Regulation (EC) No 1859/2005 imposing certain restrictive measures in respect of Uzbekistan

EXPLANATORY MEMORANDUM

1. On 14 November 2005, Council adopted Regulation (EC) No 1859/2005 imposing certain restrictive measures in respect of Uzbekistan.

2. This Regulation was adopted further to Common Position 2005/792/CFSP of the same date. The relevant restrictive measures were extended by Common Positions 2006/787/CFSP, 2007/734/CFSP and 2008/843/CFSP and are due to expire on 13 November 2009.

3. On 27 October 2009, Council concluded that the measures would not be extended further.

4. The Commission proposes therefore that Regulation (EC) No 1859/2005 be repealed with effect from 14 November 2009.

Proposal for a

COUNCIL REGULATION

repealing Regulation (EC) No 1859/2005 imposing certain restrictive measures in respect of Uzbekistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 60(1) and 301 thereof,

Having regard to Council Common Position 2007/734/CFSP of 13 November 2007 concerning restrictive measures against Uzbekistan[1] as amended and extended by Common Position 2008/843/CFSP[2],

Having regard to the proposal from the Commission,

Whereas:

(1) Council Regulation (EC) No 1859/2005 of 14 November 2005 imposing certain restrictive measures in respect of Uzbekistan[3] prohibits the sale, supply, transfer and export to Uzbekistan of equipment which might be used for internal repression and the provision of certain financing, financial assistance and technical assistance to any natural or legal person, entity or body in, or for use in, Uzbekistan.

(2) On 27 October 2009, Council concluded that the restrictive measures against Uzbekistan as provided for in Common Position 2007/734/CFSP as amended by Common Position 2008/843/CFSP, should not be extended beyond the expiration date of 13 November 2009.

(3) It is therefore appropriate to repeal Regulation (EC) No 1859/2005 with effect from the expiry of the restrictive measures set out in Common Position 2007/734/CFSP,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1859/2005 is repealed.

Article 2

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

It shall take effect on 14 November 2009.

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 295, 14.11.2007, p. 34.

[2] OJ L 300, 11.11.2008, p. 55.

[3] OJ L 299, 16.11.2005, p. 23.
on the mobilisation of the EU Solidarity Fund to provide for payment of advances in the 2016 budget

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 million (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 on and sound financial management set out the modalities for the mobilisation of the Fund.

The conditions of eligibility to the Fund are detailed in 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 2016.

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the EU Solidarity Fund to provide for payment of advances in the 2016 budget

THE EUROPEAN PARLIAMENT AND THE COUNCIL 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 million (2011 prices), as laid down in Article 10 of Council Regulation (EU, Euratom) N° 1311/2013.

(3)Article 4a(4) of (EC) N°2012/2002 foresees that an amount of EUR 50 000 000 is made available for the payment of advances through appropriations in the general budget of the Union.

(4)The Fund should therefore be mobilised in order to provide the sum of EUR 50 000 000 for the payment of the advances.





HAVE ADOPTED THIS DECISION:
on the position to be taken by the European Union within the ACP-EU Committee of Ambassadors regarding the revision of Annex III of the ACP-EU Partnership Agreement

EXPLANATORY MEMORANDUM

At its 39th session held on 19 and 20 June 2014 in Nairobi, the ACP-EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the Centre for the Development of the Enterprise (hereinafter referred as to 'CDE'), a joint technical body of the ACP-EU Partnership Agreement established in its Annex III. In this Joint Declaration, the Council of Ministers delegated powers to the ACP-EU Committee of Ambassadors to take the necessary decisions, "including the relevant amendment to Annex III of the Cotonou Agreement".

Since June 2014 progressive steps have been completed in view of the CDE liquidation, the final milestone conditioning an orderly winding-down of the CDE being the adoption of the revision of the Annex III of the ACP-EU Partnership Agreement.

With the present Commission's proposal it is intended to introduce the necessary changes in Annex III to the ACP-EU Partnership Agreement as well as to establish a legal framework for the CDE's existence solely for the needs of its liquidation and to foresee legal dispositions regarding:

i) the legal personality of the CDE;

ii) the definition of the period covering the phasing-out of the entity;

iii) the financing arrangements;

iv) a redefinition of its governance structure of the CDE solely for the needs of its liquidation.

At the same time, the Commission decided to withdraw the Commission proposal for a Council decision on "the position to be taken by the European Union within the ACP-EU Council of Ministers regarding the revision of Annex III of the ACP-EU Partnership Agreement" COM (2014) 364 final which served as a basis of negotiation in view of the preparation of this 39th ACP-EU Council of Ministers. The Commission recommended at that time a straightforward deletion of any reference to the CDE in the Annex III. This Commission proposal adopted on 10 June 2014 became obsolete and has to be reviewed to foresee the new legal framework of the CDE's existence solely for the needs of its liquidation. The Commission proposal COM(2014)364 will be withdrawn in parallel following the required procedure.

The Commission proposes that the Council of the European Union adopts the attached Decision.

2016/0012 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the European Union within the ACP-EU Committee of Ambassadors regarding the revision of Annex III of the ACP-EU Partnership Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209(2) thereof in conjunction with Article 218 (9) thereof,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, (hereinafter referred to as the 'ACP-EU Partnership Agreement'),

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 3rd 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.
on the position to be adopted, on behalf of the European Union, in the International Grains Council with respect to the extension of the Grains Trade Convention, 1995

Article 207 and Article 218(9) of the Treaty on the Functioning of the European Union.

The purpose of this proposal is to seek the Council’s authorisation to the Commission to vote, on behalf of the Union, in favour of the extension of the Convention up to 30 June 2019 in the International Grains Council. The formal decision about the extension of the Convention is scheduled for the 45th Session of the International Grains Council to be held on 5 June 2017.

The Grains Trade Convention, 1995 (hereinafter: the “Convention”) was concluded by the Community by Council Decision 96/88/EC until 30 June 1998 and, since then, it has been regularly extended. On each occasion the Convention is extended for a maximum period of two years. It was last extended by decision of the International Grains Council in June 2015 and remains in force until 30 June 2017. A further extension of the Convention by up to two years is in the interest of the Union.

N/A

4.BUDGETARY IMPLICATIONS

The extension of the Convention entails the prolongation of the EU contribution to the administrative budget of the International Grains Council, which covers both the Grains Trade Convention, 1995 and the Food Assistance Convention. That contribution is budgeted under item 05 06 01 of the EU budget (International agricultural agreements).

5.OTHER ELEMENTS

N/A

2017/0070 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union, in the International Grains Council with respect to the extension of the Grains Trade Convention, 1995

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Grains Trade Convention, 1995 was concluded by Council Decision 96/88/EC for a period of three years and has been regularly extended for further periods of two years. The Convention was last extended by Decision of the International Grains Council in June 2015 and remains in force until 30 June 2017. A further extension is in the interest of the Union.

(2)The Commission, which represents the Union within the International Grains Council, should therefore be authorised to vote in favour of such extension,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the European Union in the International Grains Council shall be to vote in favour of the extension of the Grains Trade Convention, 1995 for a further period of up to two years from 1 July 2017.

The Commission is hereby authorised to express that position within the International Grains Council.

Article 2
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Regulation (EU) No 1380/2013 introduced the so-called landing obligation, i.e. the progressive obligation to land all catches for stocks under catch limits or under minimum conservation reference size. In principle, the details of the implementation of the landing obligation are to be defined in regional multi-annual management plans adopted through co-decision. However, since it was expected that the adoption of multi-annual plans would require some time, as a temporary solution, Regulation 1380/2013 provided for the adoption of Commission delegated acts establishing discard plans shaped through joint recommendation of the Member States concerned for a period of no more than three years. Discard plans may contain provisions on fisheries or species already covered by the landing obligation, or sometimes introducing it before the deadline envisaged by the Regulation (EU) No 1380/2013, providing for among others de minimis and high survivability exemptions, provisions on the documentation on catches and, where appropriate, the fixing of minimum conservation reference sizes.

The first Commission delegated regulations establishing discard plans entered into force on the 1 January 2015 and are expiring at the end of 2017. After the expiration of the initial three years period, Regulation 1380/2013 empowers the Commission to adopt delegated acts containing exclusively de minimis exemptions, since, in principle, the multi-annual plans should be used to achieve the objective of sustainable exploitation of marine biological resources reflecting the specificities of different fisheries and contain the necessary empowerments for the adoption of delegated acts including the other flexibilities required for the smooth implementation of the landing obligation.

To date, only the Baltic multiannual plan is in place, whereas two Commission proposals for a multiannual plan for demersals in the North Sea and for small pelagics in the Adriatic are currently under negotiation between the co-legislators. Against this background, it is necessary to set the empowerment of the Commission to adopt discard plans for a further total period of up to three years to facilitate the implementation of the landing obligation.