ddrg/super_eurlex huggingface dataset:
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The attached proposal constitutes the legal instrument for establishing the Union position to be adopted on its behalf in a body set up by an agreement between the Union and third countries. In particular, it relates to the implementation of the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part (hereinafter referred to as 'the Agreement'), regarding the adoption of a decision of the EPA Committee set up by the Agreement; the EPA Committee's decision is attached to the Council Decision.

The Agreement was signed on 29 August 2009 and has been provisionally applied since 14 May 2012.

The Agreement applies, on the one hand, to the territories in which the Treaty on the functioning of the European Union is applied and under the conditions laid down in that Treaty, and, on the other hand, to the territories of the Signatory Eastern and Southern Africa States (Madagascar, Mauritius, Seychelles and Zimbabwe).

The Article 67 of the Agreement states that the EPA Committee may decide on any transitional or amending measures that might be necessary concerning the accession of new Member States to the European Union. The Republic of Croatia joined the European Union on 1 July 2013 and deposited its Act of accession to the Agreement on 22 March 2017.

Annex IX to Protocol 1 to the Agreement lists the overseas countries and territories for the purposes of this Protocol without prejudice to the status of these countries and territories, or future changes in their status. Article 70 of the Agreement provides that the Annexes and Protocols to the Agreement form an integral part thereof and may be reviewed and or amended by the EPA Committee.

Saint Barthélemy (FR) became an overseas territory associated with the European Union on 1 January 2012. Mayotte (FR) became an outermost region of the European Union on 1 January 2014. On the same date, entered into force Council Decision 2013/755/EU on the association of the overseas countries and territories with the European Union, which applies to all the overseas countries and territories listed in Annex II to the TFEU. The list of overseas countries and territories in Annex IX to Protocol 1 of the Agreement should therefore be updated

The European Union should therefore determine the position to be taken with regard to the adoption of a decision of the EPA Committee regarding the accession of the Republic of Croatia to the European Union and changes in the list countries and territories associated with the European Union.

This Council Decision includes as an annex a draft Decision to be taken by the EPA Committee.
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex XIII (Transport) to the EEA Agreement in order to incorporate Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure.

•Consistency with existing policy provisions in the policy area

The annexed draft Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein).

•Consistency with other Union policies

The extension of the EU acquis to the EEA EFTA States, through their incorporation into the EEA Agreement is conducted in conformity with the objectives and principles of that Agreement, aiming at establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legislation to be incorporated into the EEA Agreement is based on Article 91 of the Treaty on the Functioning of the European Union.

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 EEAS in cooperation with the Commission submits the draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The EEAS 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.

The process of incorporation of the EU acquis into the EEA Agreement is conducted in conformity with the Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area which confirms the approach taken.

•Proportionality

In accordance with the principle of proportionality, this proposal does not go beyond what is necessary in order to achieve its objective.
on the mobilisation of the EU Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2019

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EXPLANATORY MEMORANDUM

Council Regulation (EU, EURATOM) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020, and in particular the Article 10 thereof allows for the mobilisation of the European Union Solidarity Fund, within an annual ceiling of EUR 500 million (2011 prices), over and above the relevant headings of the financial framework.

Point 11 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters on and sound financial management set 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, 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 2019.

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the EU Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2019

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC) N° 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund, and in particular Article 4a(4) thereof,

Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, and in particular point 11 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The European Union Solidarity Fund (the "Fund") aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations and to show solidarity with the population of regions struck by disasters.

(2)The fund is not to exceed a maximum amount of EUR 500 000 000 (2011 prices) as laid down in Article 10 of Council Regulation (EU, Euratom) N° 1311/2013.

(3)Article 4a(4) of amended Regulation (EC) N°2012/2002 provides that, where necessary in order to ensure the timely availability of budgetary resources, the Fund may be mobilised in an amount of up to EUR 50 000 000 for the payment of advances, entering the corresponding appropriations into the general budget of the Union.

(4)To ensure the timely availability of sufficient budgetary resources in the general budget of the Union for 2019, the Fund should be mobilised in the amount of EUR 50 000 000 for the payment of advances.

(5)In order to minimise the time taken to mobilise the Fund, this Decision should apply from the beginning of the 2019 financial year,
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.

Belarus deposited the accession instrument to the 1980 Convention on 12 January 1998. The Convention entered into force in Belarus on 1 April 1998.

The 1980 Convention is already into force between Belarus and 24 EU Member States. Only Austria, Denmark, Luxembourg and Romania have not yet accepted the accession of Belarus to the Convention.

Uzbekistan deposited the accession instrument to the 1980 Convention on 31 May 1999. The Convention entered into force in Uzbekistan on 1 August 1999.

The 1980 Convention is already into force between Uzbekistan and 24 EU Member States. Only Austria, Denmark, Luxembourg and Romania have not yet accepted the accession of Uzbekistan 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 Belarus and Uzbekistan has to be taken at EU level by means of a Council Decision. Austria, Luxembourg and Romania should thus make the declaration of acceptance concerning the accession of Belarus and Uzbekistan in the interest of the European Union.

The acceptance of Austria, Luxembourg and Romania would render the 1980 Convention applicable between Belarus, Uzbekistan and all EU Member States except Denmark.
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 Communities and their Member States, of the one part, and the Republic of Tunisia, 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 Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, was signed in Brussels on 17 July 1995. The Agreement entered into force on 1 March 1998.

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

The attached proposal is the legal instrument for concluding the Protocol to the Agreement, to take account of the accession of the Republic of Croatia to the European Union.

On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned, in order to conclude the relevant protocols. The negotiations with the Republic of Tunisia were successfully concluded on 11 May 2018.

The Commission judges the results of the negotiations to be satisfactory and requests the Council to adopt the attached proposal for a Decision on the conclusion of the Protocol after obtaining the European Parliament’s consent.

2018/0310 (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 Communities and their Member States, of the one part,

and the Republic of Tunisia, 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) thereof,

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 Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (hereinafter referred to as 'the Agreement'), was signed on 17 July 1995. The Agreement entered into force on 1 March 1998.

(2)The Republic of Croatia became a Member State of the European Union on 1 July 2013.

(3)In accordance with Article 6(2) of the Act of Accession of the Republic of Croatia, the accession of the Republic of Croatia to the Agreement is to be agreed by means of a protocol to the Agreement (‘the Protocol). Under a simplified procedure, a protocol is to be concluded between the Council, acting unanimously on behalf of the Member States, and the third country concerned.
EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The proposal concerns a draft Council Decision on the third instalment of the financial contributions to the European Development Fund (EDF) to be paid by Member States in 2018.

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 financially the EDF treasury. The 11th EDF Financial Regulation provides for regular contributions to be made by Member States to the EDF treasury against pre-determined financial commitments. Regular contributions are triggered by technical Council Decisions which reflect the implementation of financial commitments previously decided.

Some of the headings in the explanatory memorandum are therefore not applicable to regular contribution calls such as this one.
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee, concerning an amendment to Annex IX (Financial Services) to the EEA Agreement (Omnibus II)

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex IX (Financial Services) to the EEA Agreement in order to incorporate Directive 2014/51/EU in respect of the powers of the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority).

The adaptations appearing in the draft of the annexed Decision of the EEA Joint Committee go beyond what can be considered mere technical adaptations in the sense of the Council Regulation No 2894/94.The Union position shall therefore be established by the Council.

•Consistency with existing policy provisions in the policy area

The annexed draft EEA Joint Committee Decision extends the already existing EU policy to the EEA EFTA States (Norway, Iceland and Liechtenstein).

•Consistency with other Union policies

The extension of the EU acquis to the EEA EFTA States, through their incorporation into the EEA Agreement is conducted in conformity with the objectives and principles of that Agreement, aiming at establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legislation to be incorporated into the EEA Agreement is based on Articles 50, 53, 62, and 114 of the Treaty on the Functioning of the European Union.

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 EEAS with the Commission services submit the draft Decision of the EEA Joint Committee for adoption by the Council as the Union’s position. The EEAS 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.

The process of incorporation of the EU acquis into the EEA Agreement is conducted in conformity with the Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area which confirms the approach taken.

•Proportionality
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 12.02.01 - Financial services)

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 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 to Union’s programmes and actions funded from European budget lines. 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 12 02 01: “Implementation and development of the single market for financial services”, entered into the general budget of the European Union for the financial year 2020.

•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

The substantial legal basis for this Council proposal is Article 114 of the Treaty on the Functioning of the European Union, in conjunction with Article 218(9) thereof. The procedural legal basis is Article 1(3) of Council Regulation (EC) No 2894/94 concerning arrangements for implementing the EEA Agreement, which foresees 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