ddrg/super_eurlex huggingface dataset:
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 2.12.2008

COM(2008) 833 final

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the Mobilisation of the Flexibility Instrument

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.

For budget 2009, additional expenditure, beyond the ceilings of heading 4 is required. It is therefore proposed to mobilise the Flexibility Instrument in accordance with point 27 of the Interinsitutional Agreement.

The amounts to be mobilised are as follows:

- EUR 420 million towards the financing of the facility for a rapid response to soaring food prices in developing countries.

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 2009 budget.

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 Commission[3],

Whereas, at the conciliation meeting on 21 November 2008, the two arms of the budgetary authority agreed to mobilise the Flexibility Instrument to complement the financing in the 2009 budget, beyond the ceilings of heading 4, of EUR 420 million towards the financing of the facility for a rapid response to soaring food prices in developing countries.

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2009 (hereinafter “the 2009 budget”), the flexibility instrument shall be used to provide the sum of EUR 420 million in commitment appropriations.

That amount shall be used to complement the financing of the facility for a rapid response to soaring food prices in developing countries in heading 4.

Article 2

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

Done at Brussels,

For the European Parliament For the Council

The President The President

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

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

[3] OJ […]
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 22.6.2009

COM(2009) 307 final

2007/0097/COD

COMMISSION OPINION pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council Common Position regarding the proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules for access to the international market for coach and bus services (recast)

AMENDING THE PROPOSAL OF THE COMMISSION by virtue of Article 250(2) of the EC Treaty

COMMISSION OPINIONpursuant to Article 251(2), third subparagraph, point (c) of the EC Treatyon the European Parliament's amendmentsto the Council Common Position regarding theproposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules for access to the international market for coach and bus services (recast)

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty requires the Commission to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission's opinion on the amendments proposed by Parliament is set out below.

2. Background

Date on which the proposal was sent to the European Parliament and to the Council: (document COM(2007) 264 final – 2007/0097/COD): | 23 May 2007 |

Date of the opinion of the European Economic and Social Committee: | 26 September 2007 |

Date of the opinion of the European Parliament, first reading: | 5 June 2008 |

Date of transmission of the amended proposal: | 13 June 2008 |

Date of adoption of the common position: | 9 January 2009 |

Date of the opinion of the European Parliament, second reading | 23 April 2009 |

3. Aim of the proposal

The objective of the proposal adopted by the Commission on 23 May 2007 is to establish common rules for access to the market for coach and bus services. The proposal replaces two Regulations currently applicable. One of the main objectives is to simplify the authorisation procedure for regular international passenger transport services.

4. Opinion of the Commission on the amendments by the European Parliament

After several months of negotiations under the Czech Presidency, the Parliament and the Council agreed on a compromise at second reading, in particular concerning the introduction of a new twelve-day rule. The Commission can accept the compromise amendments adopted by the European Parliament after the second reading to confirm this agreement.

5. Conclusion

By virtue of Article 250(2) of the EC Treaty, the Commission will amend its proposal in accordance with the above.
[pic] | EUROPEAN COMMISSION |

Brussels, 8.4.2010

COM(2010)150 final

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the Mobilisation of the Flexibility Instrument

EXPLANATORY MEMORANDUM

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

In accordance with point 27 of the Interinstitutional Agreement, and after having examined all possibilities for re-allocating appropriations under heading 4, the Commission proposes to mobilise the Flexibility Instrument for the financing of the Banana Accompanying Measures (BAM), for an amount of EUR 18,3 million beyond the ceiling of heading 4.

The two arms of the budgetary authority are reminded that the publication of the Decision in the Official Journal of the European Union shall not intervene later than the publication for the Amending Budget No 3/2010.

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 Commission[3],

Whereas, after having examined all possibilities for re-allocating appropriations under heading 4, the two arms of the budgetary authority agreed to mobilise the Flexibility Instrument to complement the financing in the 2010 budget, beyond the ceiling of heading 4, of EUR 18,3 million towards the financing of the Banana Accompanying Measures (BAM).

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2010 (hereinafter “the 2010 budget”), the flexibility instrument shall be used to provide the sum of EUR 18,3 million in commitment appropriations in heading 4.

That amount shall be used to complement the financing of:

- EUR 18,3 million towards the financing of the Banana Accompanying Measures (BAM).

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, 14.06.2006, p. 1.

[3] OJ […]
2009/0006 (COD)

OPINION OF THE COMMISSION pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, on the European Parliament's amendment[s] to the Council's position regarding the proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on textile names and related labelling of textile products

(Text with EEA relevance)

1. Introduction

Article 294(7)(c) of the Treaty on the Functioning of the European Union provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the amendments proposed by the Parliament.

2. Background

Date on which the proposal was sent to Parliament and the Council: 30 January 2009

Date of Parliament's opinion at first reading: 18 May 2010

Opinion of the Economic and Social Committee: 16 December 2009

Date of adoption of the Council position: 6 December 2010

Date of COREPER agreement on the second reading compromise: 20 April 2011

Date of Parliament's opinion at second reading: 11 May 2011

3. Objective of the proposal from the Commission

The proposal from the Commission was adopted in the context of the Better Regulation initiative. The aim of the proposal is to simplify and improve the existing regulatory framework for the labelling of textile products with a view to encourage the development and uptake of new fibres as well as innovation in the textile and clothing sector. In order to attain this overall objective, the proposal aims at:

· Facilitating the legislative process to adapt legislation to technical progress by transforming the three existing Directives into a single Regulation, which would avoid transposition of merely technical updates;

· Shortening the time between the submission of an application and the adoption of a new fibre name.

4. Opinion of the Commission on the amendments by the European Parliament

The European Parliament’s opinion at second reading of 11 May 2011 is a balanced compromise, making a limited number of amendments to the Council's position in order to make more information available for consumers in respect to the presence of non-textile parts of animal origin and the full composition of textile products. A comprehensive review clause invites the Commission to examine further harmonisation of labelling of textile products, including an origin labelling scheme. The compromise text is in line with the overall purpose of the proposal.

The Parliament's position is a result of a compromise obtained at a trialogue held on 12 April 2011 and which was approved on 20 April 2011 in Council.

5. Conclusion

The Commission accepts the amendments voted by the European Parliament in second reading according to the above described compromise text of the Council and the European Parliament.
2011/0191 (NLE)

Proposal for a

COUNCIL DECISION

on the accession of the Union to Regulation No 29 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (Revised 1958 Agreement)[1], and in particular Article 3(3) and the second indent of Article 4(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament[2],

Whereas:

1. The standardised requirements of Regulation No 29 of the United Nations Economic Commission for Europe (UNECE) on the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle[3] are intended to remove technical barriers to the trade in motor vehicles between the Contracting parties to the Revised 1958 Agreement and to ensure a high level of safety and protection for vehicle occupants.

2. At the date of its accession to the Revised 1958 Agreement, the EU acceded to a limited number of UNECE Regulations listed in Annex II to Decision 97/836/EC; UNECE Regulation No 29 was not included in that list.

3. In light of subsequent amendments and of Article 6.4 of Regulation (EC) No 661/2009 on the general safety of motor vehicles[4] which prescribes for the Union to take account of UNECE Regulation No 29, the European Commission considers that UNECE Regulation No 29 should now become part of the EU type-approval system for motor vehicles,

HAS DECIDED AS FOLLOWS:

Article 1

UNECE Regulation No 29 on uniform provisions concerning the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle is hereby approved.

Article 2

UNECE Regulation No 29 on uniform provisions concerning the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle shall become part of the EU type-approval system for motor vehicles.

Article 3

This Decision shall be notified by the Commission to the Secretary–General of the United Nations.

Done at Brussels,

For the Council

(…)

The President

[1] OJ L 346, 17.12.1997, p.78.

[2] OJ (…) (not yet published).

[3] OJ L 304, 20.11.2010, p. 21.

[4] Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefore, OJ L 200, 31.7.2009, p. 1.
on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement (ultra-wide band)

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.

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 Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement in order to incorporate Commission Implementing Decision 2014/702/EU of October 2014 (amending Decision 2007/131/EC of February 2007 on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community) into the EEA Agreement.

Justification of the requested adaptation and proposed solution

Relevant act:

Commission Implementing Decision 2014/702/EU of 7 October 2014 amending Decision 2007/131/EC of February 2007 on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community.

Relevant provision:

Obligation to allow the use of the radio spectrum on the 6.0-8.5 GHz band by equipment using ultra-wideband technology (UWB) onboard aircraft (Annex, Section 4).

Justification and proposed solution:

The use of UWB onboard aircraft could interfere with national mobile operators’ radio links in and around airports. These particular effects have been described in a 2012 report issued by the Electronic Communications Committee (ECC) of the European Conference of Postal and Telecommunications Administrations (CEPT), and are now the subject of a detailed study and re-assessment conducted by the ECC’s Working Group on Spectrum Engineering – Short-range devices (SE24). The target date for work on this item to be concluded in SE24 is currently Q1 2016.

The density of radio links close to airports in Iceland and in Norway, and the intensity of their use are higher than in the EU. An exemption is therefore needed as regards the frequency band 6,0-8,5 GHz in order to avoid the occurrence of harmful interference to the mobile operators’ radio links. The following adaptation is inserted in the Joint Committee Decision:

“Iceland and Norway shall be exempted from allowing the use of the 6.0 to 8.5 GHz band by equipment using ultra-wideband technology onboard aircraft.”

3.LEGAL ELEMENTS OF THE PROPOSAL
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 in order 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 2017.

•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

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

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.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal concerns a draft Council Decision on the 2nd instalment of the financial contributions to the European Development Fund (EDF) to be paid by Member States in 2017.

The 11th EDF and other EDF funds which are still open (i.e. Eighth, Ninth 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 the EDF treasury financially. The 11th EDF Financial Regulation provides for regular contributions to be made by Member States to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions which reflect the implementation of financial commitments previously decided.

Some of the headings in the explanatory memorandum are therefore not applicable to regular contribution calls such as this one.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Close to 400 000 t skimmed milk powder (SMP) are currently held in public stocks. This volume is equivalent to one third of total world trade in SMP in the first half of 2017. The mere existence of these stocks is weighing on the market.

The fat-protein price gap is wider than ever, as reported by the Milk Market Observatory's Economic Board. The ratio butter/SMP price oscillated for ten years around an average of 1.4 (min 0.8 and max 1.7) and since May 2016 has grown to reach current levels close to 4/1. Against this unprecedented disconnection between butter and SMP prices, offers to public intervention tend to occur in a situation where there is no market justification for safety net instruments to be mobilised.

Public intervention at fixed price will resume in March 2018 until September 2018, as provided for in the Common Market Organisation Regulation, within a quantitative limit of 109 000 tonnes per year.

High demand for butterfat being assessed by market experts as a structural phenomenon, SMP will continue to be de facto a by-product with lower valorisation unless new outlets materialise. In this scenario, the risk of having to buy SMP into public intervention as from next March is real. Should this occur, while farm gate milk prices are at satisfactory levels, public intervention would clearly drift away from its objective of ensuring a fair standard of living for the agricultural community.

A solution is therefore needed to prevent buying-in of SMP at fixed price in 2018 without market justification to do so. To this end, the limit at which public intervention takes place at fixed price in 2018 should be set at zero. This would lead to opening a tendering procedure from 1st March 2018, when the public intervention period starts, where the Commission, with a vote at the Committee for the Common Organisation of the Agricultural Markets, would decide on a case by case basis what volumes should be bought-in and at what buying-in price.

In order to ensure that the measure provided for in this Regulation has an immediate impact on the market and 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.