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 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 2013, beyond the ceiling of heading 1b, of EUR 134 049 037 towards the financing of the European Social Fund to increase the allocations to France, Italy and Spain for the year 2013

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 related Amending Budget for the year 2013.

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 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 2013, beyond the ceiling of heading 1b, of EUR 134 049 037 towards the financing of the European Social Fund to increase the allocations to France, Italy and Spain for the year 2013 by a total amount of EUR 150 000 000.

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2013, the flexibility instrument shall be used to provide the sum of EUR 134 049 037 in commitment appropriations in heading 1b.

That amount shall be used to complement the financing of the European Social Fund 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

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

[2] OJ C 139, 14.6.2006, p. 1.
ANNEX

to the

Proposal for a COUNCIL REGULATION (EU) N° [..]/2013

fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Black Sea

Catch limits

The following tables set out the quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate.

Fish stocks are referred to following the alphabetical order of the Latin names of the species. For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:

Scientific name || Alpha-3 code || Common name

Psetta maxima || TUR || Turbot

Sprattus sprattus || SPR || Sprat

|| || || ||

Species: || Turbot || Zone: || EU waters in the Black Sea ||

|| Psetta maxima || || TUR/F37.4.2.C. || || || ||

Bulgaria || 37 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. ||

Romania || 37 || ||

|| || ||

EU || 74 || (1) ||

|| || ||

TAC || Not relevant ||

_________ || || ||

(1) No fishing activity, including transhipment, taking on board, landing and first sale shall be permitted from 15 April to 15 June 2014 ||

Species: || Sprat || || Zone: || EU waters in the Black Sea || ||

|| Sprattus sprattus || || SPR/F37.4.2.C ||

Bulgaria || 8032.5 || || Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply. Article 4 of Regulation (EC) No 847/96 shall not apply. ||

Romania || 3442.5 || ||

|| || ||

EU || 11475 || ||

|| || ||

TAC || Not relevant || ||

|| || || ||
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 (ISA2 Programme)

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.

Article 78 of the EEA Agreement provides that the Contracting Parties should strengthen and broaden cooperation in the framework of the Union’s activities in the fields of, inter alia, information services, and research and innovation.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

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.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS 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 extend the cooperation of the Contracting Parties in the area of information services, and research and innovation.

In order to extend the cooperation of the Contracting Parties to the EEA Agreement Decision (EU) 2015/2240 of the European Parliament and of the Council of 25 November 2015 establishing a programme on interoperability solutions and common frameworks for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the public sector needs to be incorporated in the EEA Agreement.

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2016.

It should be noted that Liechtenstein shall be exempted from the participation in, and the financial contribution to, this programme.

2016/0115 (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

(ISA2 Programme)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 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,
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.

The Republic of Korea deposited the accession instrument to the 1980 Convention on 13 December 2012. The Convention entered into force in the Republic of Korea on 1st March 2013.

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 the Republic of Korea 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 the Republic of Korea 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 indeed 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 confirmed 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 in particular on the need for uniformity on the matter at EU level, avoiding a géométrie variable among Member States. The objective of this decision is to make the 1980 Convention enter into force between the Republic of Korea and all EU Member States.
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee

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 the rules of procedure of the EEA Joint Committee in order to add Bulgarian, Romanian and Croatian languages.

The first draft EEA Joint Committee Decision in Annex 1 aims to address the Bulgarian and Romanian languages. Following the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area signed on 25 July 2007 in Brussels, Article 129(1) of the EEA Agreement was amended to add Bulgarian and Romanian to the list of languages of the EEA Agreement. However these two languages should also be added to the list of languages in the rules of procedure of the EEA Joint Committee.

Since the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area, signed on 25 July 2007 in Brussels, already entered into force on 9 November 2011, this EEA Joint Committee Decision can therefore enter into force once adopted by the EEA Committee.

The second draft EEA Joint Committee Decision in Annex 2 aims to address the Croatian language. The Agreement on the participation of the Republic of Croatia in the European Economic Area (“the 2014 EEA Enlargement Agreement”), signed on 11 April 2014 in Brussels already amends Article 129(1) of the EEA Agreement to add Croatian to the list of languages of the EEA Agreement. The rules of procedure of the EEA Joint Committee, should therefore be amended accordingly.

As the 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014, this EEA Joint Committee Decision is to apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement.

•Consistency with existing policy provisions in the policy area

Not Applicable

•Consistency with other Union policies

Not Applicable

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

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 in cooperation with the EEAS submits the draft Decisions 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.

•Subsidiarity (for non-exclusive competence)

Not Applicable

•Proportionality
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.

The Dominican Republic deposited the accession instrument to the 1980 Convention on 11 August 2004. The Convention entered into force in the Dominican Republic on 1 November 2004.

The 1980 Convention is already into force between the Dominican Republic and 20 EU Member States. Austria, Cyprus, Croatia, Denmark, Luxembourg, Portugal, Romania and the United Kingdom have not yet accepted the accession of the Dominican Republic 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 the Dominican Republic has to be taken at EU level by means of a Council Decision. Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom should thus make the declaration of acceptance concerning the accession of the Dominican Republic in the interest of the European Union.

The acceptance of Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom would render the 1980 Convention applicable between the Dominican Republic and all EU Member States except Denmark.
concerning the allocation of fishing opportunities under the Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of the Gambia

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

On the basis of the relevant negotiating directives, the Commission conducted negotiations with the Government of The Gambia with a view to concluding a new Sustainable Fisheries Partnership Agreement between the European Union and the Republic of The Gambia. Following these negotiations, a new Agreement and Implementation Protocol were initialled on 19 October 2018. The new Agreement repeals and replaces the existing Agreement; it covers a period of six years from the date of its provisional application, renewable by tacit agreement.The new Protocol covers a period of six years from the date of provisional application laid down in Article 13, that being the date on which it is signed by the parties.

The main aim of the new Agreement is to provide an updated framework taking into account the priorities of the reformed Common Fisheries Policy and its external dimension, with a view to establishing a strategic partnership between the European Union and the Republic of The Gambia in the field of fisheries.

The aim of the Protocol is to grant fishing opportunities to European Union vessels in Gambian waters taking into account available scientific assessments, in particular those of the Fishery Committee for the Eastern Central Atlantic (CECAF), and in accordance with the best available scientific advice and the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), within the limits of the available surplus. The Commission based its position in part on the results of a forward-looking assessment, carried out by external experts, of whether a new Agreement and Protocol should be concluded. The aim is also to enhance cooperation between the European Union and the Republic of The Gambia to promote a sustainable fisheries policy and sound exploitation of fisheries resources in the Gambian fishing zone, in the interest of both parties.

The Protocol provides for fishing opportunities in the following categories:

- 28 tuna seiners;

- 10 pole-and-line vessels;

- 3 trawlers (targeting black hake, a deep-sea demersal species).

These fishing opportunities should be allocated among the Member States.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(3) of which establishes that the Council, on a proposal from the Commission, shal adopt measures on the allocation of fishing opportunities.

•Subsidiarity (for non-exclusive competence)

The policy area is an exclusive competence.

3.BUDGETARY IMPLICATIONS

The draft Regulation does not affect the Union budget.
between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management

Amended proposal for an

Interinstitutional Agreement

between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management

Commission proposal COM(2018)323 is amended as follows:

(1)In Part I.B, Point 11 is replaced by the following:

“Solidarity and Emergency Aid Reserve

11.When the Commission considers that the Solidarity and Emergency Aid Reserve needs to be called on, it shall present to the European Parliament and the Council a proposal for a transfer from the Reserve to the corresponding budgetary lines in accordance with the Financial Regulation.”

(2)In Part II.A, the following point 15a is inserted:

“15a. The Commission shall prepare an annual report on the implementation of the European Union Recovery Instrument (ʻEuropean Recovery Instrumentʼ), bringing together available and non-confidential information relating to:

- assets and liabilities arising from borrowing and lending operations carried out under Article 3b of the Own Resources Decision,

- aggregate volume of proceeds assigned to Union programmes in implementation of the European Recovery Instrument in the previous year, broken down by programme and budget line,

- the contribution of the borrowed funds to the achievements of the objectives of the European Recovery Instrument and the specific Union programmes.”
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Commission proposes to negotiate a new protocol that meets the actual possibilities and needs of the Member States fleet and is in line with Regulation (EU) N° 1380/2013 on the Common Fisheries Policy and the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.

•Consistency with existing policy provisions in the policy area

The European Union and the Government of Cook Islands have concluded a Sustainable Fisheries Partnership Agreement effective from 14 October 2016 . Its implementing protocol will expire on 13 October 2020. This Protocol fixes the fishing opportunities provided to the Union fleet and the corresponding financial contribution paid by the Union and the ship-owners.

The Protocol provides for EUR 385 000 for the first and second year, and of EUR 350 000 for the third and fourth year, from the EU budget as financial compensation for access for a reference tonnage of 7 000 t/year. In addition, EU ship-owners pay authorisation fees based on prices set in the Protocol for the quota allocated. On top of that, EUR 350 000 per year are also provided from the EU budget to support the Cook Islands sectoral fisheries policy for the four-year duration of the Protocol.

The SFPA with Cook Islands provides fishing opportunities targeting tuna and highly migratory species for EU vessels from two Member States (Spain and France). Currently the SFPA with Cook Islands is the only active in the Pacific Ocean.

SFPAs contribute to promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs foster scientific cooperation between the EU and its partners, promote transparency and sustainability for a better management of fishing resources. SFPAs encourage governance by supporting monitoring, control and surveillance of national and foreign fleets' activities and providing funding to fight against illegal, unreported and unregulated (IUU) fishing, and contribute to the sustainable development of local fishing sector, including decent work linked to fishing activities. SFPAs strengthen the EU’s position in international and regional fishing organisations: in the case of Cook Islands, in particular, in the Western-Central Pacific Ocean Commission (WCPFC) . Finally, fishing opportunities granted through SFPAs are based on the best available scientific advice and contribute to the improvement of compliance with international measures.