European Union

AMENDMENTS 1 - 3 - Draft opinion Listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kosovo)
Committee on Foreign Affairs

Source : © European Union, 2016 - EP

AMENDMENTS 1 - 2 - Draft opinion Listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Ukraine)
Committee on Foreign Affairs

Source : © European Union, 2016 - EP

On 30 June 2016 the Permanent Representatives Committee approved, on behalf of the Council, an agreement with the European Parliament on institutions for occupational retirement provision (IORPs).

The draft directive is aimed at facilitating the development of IORPs and better protecting pension scheme members and beneficiaries.

The directive will improve the governance and transparency of IORPs and facilitate their cross-border activity. It revises directive 2003/41/EC on the activities and supervision of IORPs.

Objectives

IORPs manage collective schemes for employers that provide retirement benefits for their employees. The revision of directive 2003/41/EC will reinforce their role as institutional investors and help channel long-term savings to growth-enhancing investments.

The directive has four objectives:

• clarifying cross-border activities of IORPs;
• ensuring good governance and risk management;
• providing clear and relevant information to members and beneficiaries;
• ensuring that supervisors have the necessary tools to effectively supervise IORPs.

Next steps

Member states will have two years to transpose the directive into their national laws and regulations.

Provisional agreement with the European Parliament was reached on 15 June 2016. The directive is expected to be approved by the Parliament at first reading. It will then be submitted to the Council for adoption.

The fourth meeting of the Accession Conference with Montenegro at Deputy level was held today in Brussels to open two negotiating chapters: Chapter 12 - Food safety, veterinary and phytosanitary policy, and chapter 13 - Fisheries.

The European Union delegation was led by Ambassador Pieter de Gooijer, Permanent Representative of the Netherlands to the EU. The Montenegrin delegation was led by Ambassador Aleksandar Andrija Pejović, State Secretary for European Integration and Chief Negotiator for Negotiations on Accession of Montenegro to the European Union.

With today's conference, out of a total of 35 negotiating chapters, 24 chapters have now been opened for negotiations of which 2 chapters have already been provisionally closed.

The EU considered that some benchmarks were required to provisionally close both chapters. These include legislative amendments as well as the administrative capacity to implement and enforce the relevant acquis in the respective chapters.

For chapter 12, the benchmarks to be met are the following:

• Montenegro submits to the Commission an approved national programme for the upgrading of establishments for products of animal origin, including establishments for animal by-products. As regards the milk sector, the national programme should also include a strategy for the use of non-compliant raw milk.
• Montenegro provides to the Commission guarantees for the  establishment of an EU-compliant system for official controls of live animals and animal products, including its funding.
• Montenegro continues to set up and develop, in accordance with the acquis, the relevant administrative structures, in particular as regards food safety controls, and to further increase its administrative capacities and infrastructures. Montenegro demonstrates that it will have sufficient administrative capacity to correctly implement and apply all the acquis covered by this chapter upon accession.

 For chapter 13, the benchmarks to be met are the following:

• Montenegro adopts legislation that provides a substantial degree of alignment with the EU acquis for fisheries and ensures that Montenegro will be able to fully apply the Common Fisheries Policy upon accession.
• Montenegro substantially strengthens the administrative, inspection and control capacity required by the Common Fisheries Policy and ensures that EU requirements will be fully met at the date of accession, in particular as regards inspection and control.

The EU also underlined that it would devote particular attention to monitoring all specific issues mentioned in its common positions, with a view to ensuring Montenegro's administrative capacity and its   capacity to complete the legal alignment in the relevant areas.

Monitoring of progress in the alignment with and implementation of the acquis will continue throughout the negotiations. A final assessment of the conformity of Montenegro's legislation with the acquis and of its implementation capacity can be made only at a later stage of the negotiations. The Conference will have to return to these chapters at an appropriate moment.

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The next Accession Conference is planned under the Slovak Presidency in order to take the process forward.

The twelfth meeting of the Accession Conference with Turkey at Ministerial level was held today in Brussels. The European Union delegation was headed by Bert Koenders, Minister of Foreign Affairs of Netherlands, on behalf of the Netherlands Presidency of the Council of the European Union. The European Commission was represented by Johannes Hahn, Commissioner for European Neighbourhood Policy and Enlargement Negotiations. The Turkish delegation was led by Ömer Çelik, Minister for EU Affairs and Chief Negotiator, accompanied by Mevlüt Çavuşoğlu, Minister of Foreign Affairs, and Naci Ağbal, Minister of Finance.

The Conference opened negotiations on Chapter 33 - Financial and budgetary provisions. This chapter covers the rules concerning the financial resources necessary for the funding of the EU budget ('own resources'). These resources are made up mainly from so-called traditional own resources from customs and agricultural duties and sugar levies, which are levied by the Member States on behalf of the EU; furthermore a resource based on value-added tax; and finally, a resource based on each Member State's gross national income. Member States must have appropriate administrative capacity to adequately co-ordinate and ensure the correct calculation, collection, payment and control of own resources. The acquis in this area is directly binding and does not require transposition into national law.

During the Conference, the EU extended condolences and reiterated its solidarity with Turkey following the terrorist attack in Istanbul last Tuesday, reaffirming its pledge to support fighting terrorism. The European Union also reiterated the importance it attaches to the close relations between the EU and Turkey, noting the close cooperation in a number of important areas of common interest, such as migration, counter-terrorism, energy, economy and trade. In line with the outcome of the EU-Turkey Leaders' meeting on 29 November 2015, and the EU-Turkey Statement of 18 March 2016, the EU welcomed a re-energizing of the accession process and confirmed its willingness to support Turkey in its reform efforts.  In this regard, the EU reiterated the need for swift reform efforts, particularly in the areas of rule of law and fundamental rights. In addition, the EU recalled that Turkey can accelerate the pace of negotiations by advancing in the fulfilment of benchmarks, by meeting the requirements of the Negotiating Framework, and by respecting its contractual obligations towards the EU.

Since the start of the accession negotiations on 3 October 2005, sixteen chapters have been opened, of which one has been provisionally closed.

Opening of Chapter 33 - Financial and budgetary provisions

For this chapter, the Union has closely examined Turkey's general state of preparedness. Taking into account Turkey's present state of preparations, and in line with the Council conclusions on 11 December 2006, 16 December 2014, 18 March 2016, other relevant Council conclusions and the Negotiating Framework, as confirmed by the European Council, the EU notes - as well as on the understanding that Turkey will continue to make progress in alignment with and implementation of the acquis - the EU communicated that the chapter may only be provisionally closed once agreement has been reached with regard to Turkey's request for “transitional financial corrective measures including compensation and assistance” as regards the EU Budget, and the main issues related to the closing benchmarks have been met by Turkey, including that:

• Turkey has fulfilled its obligations of full, non-discriminatory implementation of the Additional Protocol to the Association Agreement towards all Member States.
• Turkey increases its administrative capacity and coordination structure and to this end adopts an action plan in order to sufficiently prepare and introduce procedural rules to ensure that it will be able, from accession, to correctly calculate, forecast, account for, collect, pay, control and report to the EU on own resources in line with the acquis.

The EU also underlined that it would devote particular attention to monitoring all specific issues mentioned in its position with a view to ensuring Turkey's administrative capacity to ensure the correct calculation, forecast, collection, payment and control of own resources and reporting to the EU for implementation of the own resources rules.

On 1 July 2016, the Council prolonged the economic sanctions targeting specific sectors of the  Russian economy until 31 January 2017. 

These measures were introduced on 31 July 2014 initially for one year in response to Russia's actions destabilising the situation in Ukraine. They were reinforced in September 2014. They target  the financial, energy and defence sectors, and the area of dual-use goods. 

On 19 March 2015, the European Council agreed to link the duration of the sanctions to the complete implementation of the Minsk agreements, which was foreseen to take place by 31 December 2015.

Since the Minsk agreements were not fully implemented by 31 December 2015, the Council extended the sanctions until 31 July 2016. Having assessed the implementation of the Minsk agreements, the Council decided to renew the sanctions for a further six months, until 31 January 2017.

The economic sanctions prolonged with the decision notably: 

• limit access to EU primary and secondary capital markets for 5 major Russian majority state-owned financial institutions and their majority-owned subsidiaries established outside of the EU, as well as three major Russian energy and three defence companies;
• impose an export and import ban on trade in arms;
• establish an export ban for dual-use goods for military use or military end users in Russia;
• curtail Russian access to certain sensitive technologies and services  that can be used for oil production and exploration.

In addition to these economic sanctions, several EU measures are in place in response to the crisis in Ukraine including: 

• targeted individual restrictive measures, namely a visa ban and an asset freeze, currently against 146 people and 37 entities until 15 September 2016;
• restrictive measures in response to the illegal annexation of Crimea and Sevastopol, limited to the territory of Crimea and Sevastopol, currently in place until 23 June 2017.

The decision was adopted by written procedure and as it is the rule for all decisions on prolongation of restrictive measures, unanimously.

What if ‘Brexit’ – an outcome dreaded in Paris and European capitals – was a gift in disguise? The thought crystallised in François Hollande’s mind on Saturday, when he sat with Marine Le Pen, the leader of the National Front party, at the Elysée Palace. The French president hosted the full spectrum of French politicians to assess Britain’s Brexit vote. All eyes though were on Ms Le Pen, who had been sporting a victorious smile since the UK result.

The far-right leader quickly reiterated her wish to hold an EU referendum herself. “What would be the question?” the president asked her, according to a person who attended the meeting. In or out, she replied. “Out of the EU or the eurozone?” Of the EU, she confirmed – of the eurozone, the Schengen passport free zone, and all the rest. Ms Le Pen’s position has changed – in the 2012 presidential race she focused on scrapping the single currency. Like kindred spirits on the right of Dutch and Danish politics, she has been emboldened by the UK referendum, and become more radical.

For Mr Hollande, who despite record levels of unpopularity is contemplating reelection, it makes sense. Ms Le Pen’s core battle is immigration and she can blame the EU for a refugee influx. By putting the EU at the heart of the campaign, she also seeks to revive the eclectic 2005 coalition that voted down the EU constitution.

But it is a risky strategy.

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AMENDMENTS 21 - 174 - Draft opinion Measures to safeguard the security of gas supply
Committee on Foreign Affairs

Source : © European Union, 2016 - EP

On 29 June 2016 the Council led by the Netherlands Presidency and the European Parliament reached a political agreement on a regulation amending the long-term plan for cod stocks from 2008, the so-called cod plan.

The agreed draft regulation discontinues the effort regime, recognising this is a main obstacle to introducing in full the landing obligation in the areas of the cod plan, and thereby granting more flexibility to fishermen. Furthermore in the agreed text the rules on allowable catch limits (TACs) are largely simplified, while the co-legislators await the Commission's proposal of a reform-based multiannual plan for the North Sea, which is expected to contain a chapter on specific targets and safeguards in this respect. Finally as regards the landing obligation, the Council and European Parliament underlined the importance of maintaining selectivity and discard reduction measures that were developed under the cod plan. Maintaining or further developing these measures should facilitate the phasing-in of the landing obligation in demersal fisheries which started in 2016.

The proposal for a new amended regulation establishing a long-term plan for cod stocks from 2008 was presented by the Commission in September 2012. The aim of the proposal was to amend the effort regime in the cod plan, modify the rules for setting TACs for data-poor stocks, and strengthen measures top address discards.

The European Parliament adopted a position at first reading on 11 June 2013 and a revised negotiating position on 7 June 2016 following the Court judgement on Joined Cases C 124/13 and C 125/13. On 22 June 2016 the Permanent Representatives Committee (Coreper) gave a revised mandate to the Presidency to enter into negotiations with the European Parliament.

Next steps

The Coreper will be invited to endorse the agreement, while the European Parliament is expected to vote on the compromise text at a future meeting of its Fisheries committee (PECH), probably mid July. Further steps will then be the formal adoption of the Council's position at first reading, reflecting the political agreement, and Parliament's identical second reading position in autumn. The amendment is planned to be published in late autumn 2016, and to come into force at 1 January 2017.

The President of the European Council, Donald Tusk received the letters of credentials of the following Ambassadors:

H.E. Mrs Pema CHODEN, Ambassador, Head of the Mission of the Kingdom of Bhutan to the European Union
H.E. Mr Francisco TILMAN CEPEDA, Ambassador, Head of the Mission of the Democratic Republic of Timor-Leste to the European Union
H.E. Mr Mario Raúl VERÓN GUERRA, Ambassador, Head of the Mission of the Argentine Republic to the European Union

On 30 June, the Permanent Representatives Committee (Coreper) confirmed, on behalf of the Council, the agreement with the European Parliament on the directive on the right to legal aid for citizens suspected or accused of a criminal offence and for those subject to a European arrest warrant.  

The proposed directive lays down minimum rules concerning the right to legal aid for suspects or accused persons in criminal proceedings who are deprived of liberty, and in certain other situations. It also ensures that legal aid is made available in European arrest warrant proceedings, upon the arrest of the requested person in the executing State.

Minister van der Steur from the Netherlands presidency said : "I am very pleased that a political agreement has been reached during our Presidency. Furthermore, I want to thank the rapporteur, Mr De Jong, for the excellent cooperation which was instrumental in achieving this compromise. The directive will contribute to mutual trust between Member States. And I firmly belief that this trust will in turn lead to improved European cooperation in criminal cases."

The two institutions agreed on certain modifications to the proposal submitted by the Commission, so as to enhance the rights for citizens and make the text clearer, in particular with regards to: 

• the scope of application of the directive, which has been broadened to include a right to ordinary legal aid and not only to provisional legal aid. The ordinary legal aid includes  support at all stages of the criminal justice process, under the conditions set out in the directive, while the right to provisional legal aid was meant to cover only the initial stage of criminal proceedings before a final decision on legal aid is taken; 
• the inclusion of a means test and a merits test, which may be used to determine whether a person is eligible for legal aid. A "means test" aims at assessing whether the person effectively lacks sufficient resources to pay for legal assistance, while a "merits test" allows to assess whether the provision of legal aid would be in the interest of justice in the light of the circumstances of the case.  

The agreed text will now go through revision by lawyer-linguists before being finally adopted by the Council and Parliament towards the end of this year. 

The Directive includes a transposition delay of 30 months. 

The UK and Ireland decided not to "opt in" while Denmark has an “opt out” by default from justice and home affairs legislation. 

Roadmap on procedural rights 

This directive is the last legal text foreseen as part the roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings adopted by the Council in November 2009. 

The objective of the roadmap was to ensure that any citizen involved in criminal proceedings in a Member State would benefit from certain minimum procedural rights across the European Union. This should also enhance mutual trust between judicial authorities in the European Union, and so encourage the application of instruments such as the European arrest warrant.  

Five other measures have already been adopted on the basis of the roadmap: 

•    the right to interpretation and translation (Directive 2010/64);
•    the right to information (Directive 2012/13);
•    the right of access to a lawyer (Directive 2013/48);
•    the presumption of innocence (Directive 2016/343); and
•    special safeguards for children (Directive (EU) 2016/800).

 

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