ddrg/super_eurlex huggingface dataset:
2011/0465 (COD)

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

position of the Council on the adoption of a Regulation of the European Parliament and of the Council concerning certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part

1. Background

Date of transmission of the proposal to the European Parliament and to the Council (document COM(2011) 0938 – 2011/0465 COD): || 10 January 2012

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

Date of the position of the European Parliament, first reading: || 25 October 2012

Date of transmission of the amended proposal: || n.a.

Date of adoption of the position of the Council: || 28 January 2014

2. Objective of the proposal from the Commission

The objective of the proposal is to adopt a regulation on rules and procedures for the implementation of certain trade related provisions of the Stabilisation and Accession Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (SAA), and of the Interim Agreement on trade and trade-related matters between the European Community, on the one part, and the Republic of Serbia, on the other part (IA), such as those regarding trade concessions, technical adaptations, safeguard measures, competition and fraud.

3. Comments on the position of the Council

This proposal depended upon the result of the Trade Omnibus I package. The Trade Omnibus I package aimed at amending existing trade regulations with the view to introducing the new comitology rules, following the entry into force of the Treaty of Lisbon. Some of the regulations concerned are regulations for the implementation of SAAs with other Western Balkan countries, which are similar to the present proposal.

In July 2013, a compromise was found on the new comitology rules in the Trade Omnibus I package. The text of the proposal was amended in order to incorporate the revised comitology rules agreed under the Trade Omnibus I package on similar regulations. Furthermore, the proposal was also amended in order to take into account the fact that the IA ceased to exist when the SAA entered into force on 1 September 2013. Finally, a provision on retroactive application of Articles 2, 3 and 4 of the Regulation was agreed in order to apply these provisions from 1 February 2010.

At an informal trilogue on 26 November 2013, a provisional agreement on this revised proposal was reached.

4. Conclusion

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

Council Regulation (EU, EURATOM) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020[1], 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[2] set ot the modalities for the mobilisation of the Fund.

The conditions of eligibility to the Fund are detailed in the Regulation of the European Parliament and the Council, amending Council Regulation (EC) No 2012/2002[3], 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 2015.

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the EU Solidarity Fund

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Regulation of the European Parliament and the Council, amending Council Regulation (EC) N° 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund[4], 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[5], and in particular point 11 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Union has created a European Union Solidarity Fund (the "Fund") to show solidarity with the population of regions struck by disasters.

(2) Article 10 of Regulation (EU, Euratom) N° 1311/2013 allows the mobilisation of the Fund within the annual ceiling of EUR 500 million (2011 prices).

(3) Article 4a(4) of amended Regulation (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.

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2015, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 50 000 000 in commitment and payment appropriations.

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 L 347, 20.12.2013, p. 884.

[2] OJ C 373, 20.12.2013, p. 1.

[3] OJ L XXX.

[4] OJ L XXX.

[5] OJ C 373, 20.12.2013, p. 1.
on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (EaSI)

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 shall strengthen and broaden cooperation in the framework of the Union’s activities in the fields of, inter alia, social policy.

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

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Protocol 31 to the EEA Agreement on cooperation in specific fields outside the four freedoms in order to extend social cooperation between the Contracting Parties.

Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation (“EaSI”) and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion, was already incorporated into the EEA Agreement by Decision of the EEA Joint Committee No 151/2014 of 27 June 2014, in order to allow the EEA/EFTA countries to participate in selected axes of the EaSI programme.

Norway, which currently participates only in one of the three axes of the EaSI Programme, in the EURES axis, proposed to extend this participation to cover also the Progress axis of the Programme as of 1 January 2015. Protocol 31 to the EEA Agreement should therefore be amended.

3.LEGAL ELEMENTS OF THE PROPOSAL

Article 1(3) of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement provides that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The Commission would hope to be able to present it in the EEA Joint Committee at the earliest possible opportunity.

2015/0089 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union,

in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

(EaSI)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46(d), 149, 153(2)(a), third paragraph of Article 175 and Article 218(9) thereof,

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

Having regard to the proposal from the European Commission,
on the conclusion of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

On 25 and 30 April 2007, the European Community and its Member States, of the one part, and the United States of America, of the other part, signed an Air Transport Agreement (‘the EU/USA Air Transport Agreement’). That agreement was intended, inter alia, to facilitate the expansion of international air transport opportunities by opening access to markets and maximising benefits for consumers, airlines, workers and communities on both sides of the Atlantic ocean.

As regards the EU side, both the Union and its Member States are Parties to this Agreement. The ratification process has been completed by the Member States in 2014. The Republic of Croatia will accede to the Agreement in accordance with the procedure provided for in the Act concerning the conditions of accession of Croatia to the EU.

The proposal at issue modifies the initial proposal of the Commission (2006/0058 (CNS)), 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

2006/0058 (CNS)

Amended proposal for a

COUNCIL DECISION

on the conclusion of the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part

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,

Having regard to the consent of the European Parliament,
on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Croatia to the European Union

EXPLANATORY MEMORANDUM

The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, was signed in Brussels on 1 April 2002 and entered into force on 1 April 2006.

According to the Act of Accession of the Republic of Croatia, the Republic of Croatia shall accede to the international agreements signed or concluded by the European Union and its Member States by means of a protocol to those agreements.

The attached proposal constitutes the legal instrument for conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part to take account of the accession of the Republic of Croatia to the European Union.

On 14 September 2012, the Council has authorised the Commission to open negotiations with the third countries concerned with a view to concluding the relevant protocols. The negotiations with the Republic of Lebanon were successfully concluded.

The results of the negotiations have been judged to be satisfactory. The Commission requests the Council to adopt the attached decisions on the conclusion of the Protocol.

The Council is requested to conclude the Protocol after obtaining the consent of the European Parliament.

2015/0292 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(6)(a),

Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6 (2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part was signed in Brussels on 1 April 2002 and entered into force on 1 April 2006.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal is for a Council Decision, to be adopted pursuant to Article 218(5) of the Treaty on the Functioning of the European Union (TFEU), on the signing, on behalf of the European Union, of the Paris Agreement to the United Nations Framework Convention on Climate Change (UNFCCC).

At the 21st Conference of the Parties of the UNFCCC (known as COP 21), which took place in Paris from 30 November to 12 December 2015, an agreement was adopted, concerning the global reduction of greenhouse gas emissions. The Agreement will enter into force on the 30th day after the date on which at least 55 Parties to the Convention accounting in total for at least an estimated 55% of total greenhouse gas emissions, have deposited their instruments of ratification, acceptance, approval or accession.

The Agreement will be open for signature by the parties to the UNFCCC between 22 April 2016 and 21 April 2017. Parties to the UNFCCC include the European Union and its Member States. A high-level signature ceremony will take place in New York on 22 April 2016.

The Paris Agreement is a global milestone for enhancing global collective action and accelerating the global transformation to a low-carbon and climate resilient society. It will represent an advance over the 1997 Kyoto Protocol, which was until Paris the world's only legally binding Treaty to reduce greenhouse gas emissions and that contain commitments until the end of 2020. The Paris Agreement sets out a qualitative long-term emissions reduction goal in line with the objective to keep the global temperature increase well below 2°C and to pursue efforts to keep it to 1.5°C. In order to achieve this goal, the Parties will set or update emission reduction targets. Starting from 2023, Parties will every 5 years undertake a global stocktake, based on the latest science and implementation to date, which will track progress and consider emission reductions, adaptation and support provided.
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 33.02.03.01-Company Law)

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 in order to allow the EEA EFTA States (Norway, Iceland, and Liechtenstein) to participate in the Union actions related to the Budget line 33 02 03 01: “Company law”, entered into the general budget of the European Union for the financial year 2016.

•Consistency with existing policy provisions in the policy area

The annexed draft Joint Committee Decision is 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

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 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.

•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
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 Azerbaijan on the facilitation of the issuance of visas, with regard to the adoption of its rules of procedure

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Agreement between the European Union and the Republic of Azerbaijan to facilitate the issuing of short-stay visas to citizens of the Republic of Azerbaijan and of the European Union entered into force on 1 September 2014. The Agreement established, on the basis of reciprocity, legally binding rights and obligations applicable to both parties, to simplify procedures for issuing visas to both Azerbaijani and EU citizens. Article 12 of the Agreement sets up a Joint Committee whose tasks include monitoring the implementation of the Agreement. Article 12(4) of the Agreement stipulates that the Joint Committee is to define its own rules of procedure.

The rules of procedure are to be adopted through a Decision of the Joint Committee and will not be part of the Agreement.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The Council empowers the EU representative on the Joint Committee, i.e. the Commission, to adopt the rules of procedure on the basis of this proposal. The purpose of the rules is to organise the work of the Joint Committee and help prepare for and manage its meetings.

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

The rules of procedure, as set out in the Annex to this proposal for a Council Decision, are the outcome of consultation with the competent authorities in Azerbaijan, at the first and second meeting of the Joint Committee, and through an exchange of emails in between the meetings (last on 5 June 2017). The Member States were consulted by written procedure, which ended on 16 June 2017.

4.BUDGETARY IMPLICATIONS

This proposal has no impact on the EU budget.

2017/0295 (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 Azerbaijan

on the facilitation of the issuance of visas,

with regard to the adoption of its rules of procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2) in conjunction with Article 218(9) thereof,

Having regard to Council Decision 2014/242/EU of 14 April 2014 concerning the conclusion of the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas,

Having regard to the proposal from the European Commission,
amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The European Banking Authority (EBA) has been established by Regulation (EU) No 1093/2010. In accordance with Article 7 of that Regulation, EBA is located in London, United Kingdom.

On 29 March 2017 the United Kingdom notified to the European Council its intention to leave the Union, pursuant to Article 50 of the Treaty on European Union.

On 20 November 2017, the 27 remaining Member States, in the margins of the General Affairs Council (Article 50), selected Paris, France, as the new seat for the European Banking Authority.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The act to be amended being based on Article 114 of the Treaty on the Functioning of the European Union ("TFEU"), the amending act should equally be founded on that basis.

•Choice of the instrument

This proposal seeks the amendment of Regulation (EU) No 1093/2010. The corresponding amendment is therefore proposed as an amending Regulation.

•Subsidiarity and Proportionality

The issue of the location of the seat of the Agency falls within the exclusive competence of the Union. The measure is proportionate to the purpose of the proposed Regulation, namely to confirm the new seat of the Agency within Regulation (EU) No 1093/2010.

3. BUDGETARY IMPLICATIONS

The relocation of the European Banking Authority will have budgetary implications, in particular in view of the costs related to the early termination of its current rental contract in London as a consequence of the withdrawal, the costs related to the move itself and the costs related to the installation in the new premises in Paris. As set out in the negotiation directives of the Council of 22 May 2017 for the negotiation of an agreement with the United Kingdom setting out the arrangements for its withdrawal from the European Union, the United Kingdom should fully cover the specific costs related to the withdrawal process, such as the relocation of the agencies based in the United Kingdom.

Some of the relocation costs may have to be pre-financed by the EU budget, prior to the financial settlement. In this respect, the Commission will assess possible additional funding needs to be channelled through the EU budget in cooperation with the European Banking Authority. As necessary, the Commission will present relevant proposals to the European Parliament and the Council in the context of the annual budgetary procedure for 2019, and if necessary for 2018. This concerns for instance the costs related to the move itself. In addition, the costs related to the installation in the new premises will also be presented in the context of the building procedure set out in Article 203 of the Financial Regulation, which requires prior approval from the European Parliament and the Council before contracts related to building projects are concluded. This procedure is expected to be launched as soon as possible (at the latest in early 2018).

2017/0326 (COD)