ddrg/super_eurlex huggingface dataset:
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Council Regulation 1370/2013 sets a ceiling of 109 000 t under which skimmed milk powder has to be bought in at fixed price (169.8 €/100 kg) during the public intervention period (1 March to 30 September). Once that ceiling is reached, public intervention continues but under a tendering procedure until the end of the intervention period.

That ceiling was set at zero in 2018 to avoid public intervention for skimmed powder at fixed price taking place with no market justification (e.g. while both butter prices and farm gate milk prices were at reasonably high levels), in the light of the long standing disconnection between dairy fat and protein prices.

Public intervention is therefore operated in 2018 through a tendering procedure. The Commission, with a vote at the Committee for the Common Organisation of the Agricultural Markets, decides on a case by case basis what volumes should be bought in and at what buying-in price.

In 2018, EU market prices for skimmed milk powder have remained on average some 19% below the public intervention level, and butter prices 117% above public intervention level. The fat-protein price gap is wider than ever. The ratio butter/SMP price in 2017-2018 has tripled from the levels between 2007 and 2016. At the same time raw milk prices paid to farmers have been above 34 c/kg in average (higher than the last 5-year average)

The procedure in place has allowed avoiding unjustified buying-in of 109 000 tonnes of skimmed milk powder (which would have piled up above existing stocks).

As market conditions have not substantially changed and the experience gained in 2018 proves the correctness of the approach, it is appropriate repeating the initiative and setting to zero the ceiling in 2019.

In order to allow market operators to be informed in due time before the start of the next intervention campaign, this Regulation should enter into force on the day following that of its publication.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Association Agreement (Agreement), including a Deep and Comprehensive Free Trade Area, between the European Union (EU) and its Member States, of the one part, and Ukraine, of the other part, has applied provisionally since 1 January 2016 and fully entered into force on 1 September 2017. The Agreement, amongst others, lays down preferential terms for bilateral trade in goods.

From mid-2016, using the preferences under the Agreement, a new type of poultry cut started to be imported from Ukraine to the EU in increasing quantities. This novel cut consists of a traditional breast cap with the humerus bones of the wings attached, the latter making up for a very small part of the total weight of the cut. After a minimal transformation, this cut can be marketed in the EU as poultry breast. The cut is mainly imported under tariff line CN 0207 13 70 ("other cuts fresh") and some minor quantities entered the EU under tariff line CN 0207 14 70 (“other cuts frozen”). Under the Agreement, imports under those two tariff lines can enter the EU market at zero duty and without any quantitative restrictions.

It should be highlighted that traditional cuts of poultry breast (CN 0207 13 50 or CN 0207 14 50) are subject to a quantitatively limited tariff rate quota (TRQ) at zero duty (currently at 17.600 tons, increasing to 20.000 tons by 2021) beyond which the Most Favoured Nation tariffs apply.

The rapid increase in duty free imports of this particular poultry cut, which was neither existent nor foreseeable during the negotiations of the Agreement, undermines the protection provided for poultry breast under the Agreement and has the potential to disrupt the delicate balance in the poultry meat market of the EU.

The objective of the proposal is to authorise the opening of negotiation for an amendment to the Agreement in order to better frame imports into the EU of poultry meat from Ukraine while ensuring the intended protection of EU producers.

To that effect, the envisaged amendment would consist in integrating the two tariff lines CN 0207 13 70 and 0207 14 70 into the existing tariff rate quota of currently 17 600 tons and increasing to 20 000 tons in 2021 (Order Number 09.4273) while the size of the quota would be reviewed. Imports under tariff lines CN 0207 13 70 and 0207 14 70 exceeding the quota would then become subject to Most Favoured Nation duty rates.

For establishing the new size of the quota/s, it is appropriate to consider the volume of imports into the EU from Ukraine of poultry products under the two tariff lines CN 0207 13 70 and 0207 14 70 between July 2017 and June 2018 and to take account of the likely increase in trade.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, if the Withdrawal Agreement is not ratified, the Unions’ primary and secondary law will cease to apply to the United Kingdom from 30 March 2019 (‘the withdrawal date’). The United Kingdom will then become a third country.

The Commission Communication ‘Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019: a Contingency Action Plan’ of 13 November 2018 has set out the contingency measures it plans to take for the case that no withdrawal agreement will enter into force on the withdrawal date. In that Communication, the Commission listed the actions it considered necessary while recalling that additional actions may be necessary at a later stage.

The European Council (Article 50) reiterated its call, on 13 December 2018, for work on preparedness at all levels for the consequences of the United Kingdom's withdrawal to be intensified, taking into account all possible outcomes. This act is part of a package of measures which the Commission is adopting in response to this call.

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items creates a common system of controls for export of dual-use items, in line with the international commitments and responsibilities of the Member States and of the European Union (EU). Under the Regulation, an authorisation shall be required for the export of dual-use items to third countries. This authorisation may be an individual, global or general authorisation. In order to support the EU’s competitiveness and establish a level playing field for all Union exporters, while at the same time ensuring a high level of security and full compliance with international obligations, Council Regulation (EC) No 428/2009 provides for "Union General export authorisations" for the export of certain dual-use items to certain third countries under certain conditions. In particular, Annex IIa to the Regulation provides for a Union General Export Authorisation (“EU001”) for certain low-risk transactions, e.g. exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland (incl. Liechtenstein), and the United States of America.

The withdrawal of the United Kingdom from the Union without an agreement affects the trade of dual-use items between the EU and the United Kingdom: according to Council Regulation (EC) No 428/2009, the export of dual use items from the EU to the United Kingdom will require, as of the withdrawal date, an export authorisation issued by the competent national authority of the Member State where the exporter is established.

There are a number or reasons why the United Kingdom should be added to the list of countries on EU001:
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 Republic of Cape Verde (‘Cabo Verde’) with a view to concluding a new Protocol to the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde. Following these negotiations, a new Protocol was initialled on 12 October 2018. The Protocol covers a period of five years from the date of its provisional application, i.e. from the date on which it is signed, as stated in Article 15 thereof.

The main aim of the new Protocol is to provide fishing opportunities for Union vessels in Cabo Verde 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 of a forward-looking assessment of whether a new Protocol should be concluded. Both were carried out by external experts. The Protocol will also enable the European Union and the Republic of Cabo Verde to work more closely on promoting sound exploitation of fisheries resources in Cabo Verde waters and support efforts by Cabo Verde to develop its blue economy, in the interests of both parties.

The Protocol provides for fishing opportunities in the following categories:
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 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 2019.

•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
on the mobilisation of the European Globalisation Adjustment Fund (EGF/2019/000 TA 2019 - Technical assistance at the initiative of the Commission)

EXPLANATORY MEMORANDUM

The rules applicable to financial contributions from the European Globalisation Adjustment Fund (EGF) are laid down in Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) 1927/2006 (the ‘EGF Regulation’).

SUMMARY OF THE APPLICATION AND ANALYSIS

Key data: EGF Reference no. EGF/2019/000 European Commission Technical assistance Administrative expenditure: budget in EUR 610 000 % administrative expenditure (ceiling: 0,5 %) 0,35 %

In accordance with Article 11(1) of the EGF Regulation, a maximum of 0,5 % of the annual maximum amount of the EGF may be made available each year for technical assistance at the initiative of the Commission.

Technical assistance to be funded and breakdown of estimated costs

1.The contribution will be used for expenditure mentioned in Article 11(1) and (4) as well as Article 12(2), (3) and (4) of the EGF Regulation, as detailed hereunder.

2.Monitoring and data gathering: The Commission will collect data on applications received, funded and wound up, and measures proposed and implemented. This data will be made available on the website of the European Commission and compiled in appropriate form for the Biennial Report of 2021. Based on the experience of recent years, costs for this activity are estimated at EUR 20 000.

3.Information: The Commission has set up and maintains a webpage on the European Globalisation Adjustment Fund, as required under Article 12(2) of the EGF Regulation. The webpage will be regularly updated and expanded, and the new elements will be translated into all EU official languages. General awareness of the EGF will be increased and its visibility promoted. The EGF will be covered in various Commission publications and audio-visual activities as provided for in Article 11(4) of the EGF Regulation. Costs of all these items are estimated to be EUR 20 000.

4.Electronic data exchange system: The Commission is continuing its work on developing standardised procedures for EGF applications and case management, using the functionalities of SFC2014 (System for Fund Management in the European Union). This allows the simplification of applications under the EGF Regulation, a faster processing, and easier reporting. An interface between SFC and the Commission’s accounting and financial information system ABAC facilitates the financial operations of the EGF. The contribution of EUR 80 000 is for the regular maintenance and further development of the SFC applications and the integration of new reporting tools.

5.Administrative and technical support (Expert Group meetings): The Expert Group of Contact Persons of the EGF, with one member from each Member State, will be holding two meetings (second half of 2019 / first half of 2020). The total costs of these two meetings are estimated at EUR 70 000.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Pursuant to Regulation (EC) No 617/2009, the European Union opened an annual tariff rate quota for High Quality Beef in compliance with the Memorandum of Understanding between the European Commission and the United States and its revised version, the Revised Memorandum of Understanding with the United States of America Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties applied by the United States to Certain Products of the European Union of 21 October 2013 (the "TRQ "). The revised Memorandum of Understanding was communicated by the Union and the United States to the WTO Dispute Settlement Body on 14 April 2014.

In December 2016, the United States took steps to reinstate increased duties on certain EU products in connection with the WTO dispute EC – Measures concerning Meat and Meat Products (Hormones) (DS26) ("EC-Hormones"). The procedure for the reinstatement of duties was opened upon the request of the US beef industry who raised concerns about the implementation of the TRQ.

With a view to avoid the reinstatement of increased duties on certain EU products, the European Union and the United States conducted consultations regarding the operation of the revised Memorandum of Understanding pursuant to Article IV.1(b) thereof, whereby the United States requested the allocation of a share of the tariff rate quota opened pursuant to the revised Memorandum of Understanding.

It is in the interest of the Union to allocate a share of the tariff rate quota to the United States so that both Parties may eventually reach a mutually agreed solution to the WTO dispute in case DS26 to be notified the WTO Dispute Settlement Body.

On 19 October 2018, the Council authorised the Commission to open negotiations on behalf of the Union with the United States of America, concerning the operation of the TRQ, with a view to allocate a share in the TRQ to the United States, with a view to a definitive resolution of the WTO dispute in case DS26. These negotiations were successfully concluded.

In addition, the Council authorised the Commission to seek the agreement of other substantial supplying countries as regards the country-allocation of the TRQ, in line with the applicable WTO rules, to the extent necessary. Indeed, in order to comply with Article XIII:2 of the GATT, when a tariff quota is allocated among supplying countries, the party allocating the tariff quota should seek agreement with respect to the allocation of shares in the tariff quota with all substantial suppliers. In order to make sure that the country allocation of the present tariff rate quota complies with the EU WTO obligations, the EU therefore has to seek the agreement of the other substantial suppliers under the TRQ (Australia, Uruguay and Argentina). Accordingly, the Commission sought the agreement of the substantial supplying countries and obtained their written consent with the allocation of a share in the TRQ to the United States in the form of letters of acceptance received on 10, 20 and 31 May 2019.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The United Kingdom of Great Britain and Northern Ireland (United Kingdom) withdrew from the Union as of 1 February 2020. The Protocol on Ireland/Northern Ireland attached to the Withdrawal Agreement (‘the Protocol’) will apply from the end of the transition period, i.e. as of 1 January 2021.

The Protocol states that Northern Ireland is part of the customs territory of the United Kingdom, and that the United Kingdom can include Northern Ireland in the territorial scope of its World Trade Organization schedules. At the same time, the Protocol provides that any reference to the customs territory of the Union in the applicable provisions of the Protocol, as well as in the provisions of Union law made applicable to and in the United Kingdom in respect of Northern Ireland by the Protocol, must be read as including the land territory of Northern Ireland. This means that despite Northern Ireland being formally in the United Kingdom’s customs territory, the United Kingdom, in respect of Northern Ireland, is obliged to apply the Union’s customs legislation as if Northern Ireland were still in the Union’s customs territory.

The bilateral arrangements between the Union and the United Kingdom under the Protocol do not give rise to rights and obligations for third countries.

Consequently, any imports pursuant to Union import tariff rate quotas or other import quotas applying to goods originating in a third country brought into Northern Ireland could not be counted towards that third country’s rights vis-à-vis the Union, unless agreed by the third country. This situation poses a risk to the proper functioning of the Union’s Single Market and the integrity of the Common Commercial Policy through the possible circumvention of the Union’s tariff rate quotas or other import quotas. Furthermore, any agreement with a third country providing for export tariff rate quotas require that the goods be imported within the Union. Therefore, that third country could refuse to issue export licenses for direct imports into Northern Ireland.

To address that risk, the Union’s tariff rate quotas and other import quotas should be available only for goods imported and released into free circulation in the Union and not in Northern Ireland.

By virtue of the Protocol, this Regulation would also applies to and in the United Kingdom in respect of Northern Ireland.
position of the Council on the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the adjustment of annual pre-financing for the years 2021-2023

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

2018/0322 (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 (EU) No 1303/2013 as regards the adjustment of annual pre-financing for the years 2021-2023

1.Background

Date of transmission of the proposal to the European Parliament and to the Council (document COM(2018) 614 final-2018/0322 (COD)): 07/09/2018 Date of the position of the European Parliament, first reading: 04/04/2019 Date of adoption of the position of the Council: 07/10/2020

2.Objective of the proposal from the Commission

The aim of the Commission proposal was to reduce the annual pre-financing levels to 1% from the current 3% for the years 2021-2023 for the 2014-2020 programming period. The proposal intended to increase transparency and contribute to the predictability of budgetary planning and to a more stable and predictable payment profile. The reduction was proposed for the last three years of the current programming period (years 2021-2023), which overlap with the next programming period starting in 2021. This approach took into account payment needs stemming from pre-financing arrangements proposed for the 2021-2027 programmes where only initial pre-financing would be paid in six annual tranches.

3.Comments on the positions of the European Economic and Social Committee and the Committee of the Regions

The EESC (rapporteur: Mr Doz Orrit) adopted its opinion at the Plenary of 23 and 24 January 2019, which rejects the Commission proposal. The Commission maintained its original proposal at that stage. The Committee of the Regions did not issue an opinion.

4.Comments on the position of the European Parliament

The European Parliament adopted its first reading position on 4 April 2019. The Parliament presented one amendment aiming at reducing the annual pre-financing levels for the years 2021-2023 to 2%, instead of reducing it to the 1% proposed by the Commission. The Commission maintained its original proposal at that stage.

5.Comments on the position of the Council

The Council position, based on the European Council conclusions of 21 July 2020, reflects the European Parliament’s first reading position.

The only Council amendment reduces the annual pre-financing levels for the years 2021-2023 to 2%, instead of reducing it to the proposed 1%. The Commission services assisted in the calculations leading up to the conclusions reached at the European Council and the agreed rate was viewed as feasible.

6.Conclusion

The Commission accepts the changes made by the Council and the European Parliament.