European Council

Introduction

The Council considers that the budget for 2018 should provide adequate resources to continue supporting the traditional and evolving priorities within the Union, namely the recovery of the European economy, to address humanitarian and security challenges both within and outside the EU borders and to honour commitments already made under the current and previous programming periods.

The Council recalls the principle of solidarity and underlines that a transparent and an effective use of the EU budget will contribute to the materialisation of the Union's objectives and regain the credibility of the Union with the European citizens.

The budgetary procedure for 2018 is likely to take place in a context of budget constraints in several Member States. Therefore, the Council accentuates the need to improve the predictability of Member States' contributions to the Union's budget. The Council considers that the EU budget should seek to boost growth, promote employment and create new jobs, enhance effective EU cohesion, foster competitiveness and tackle the migration and security crises, while maintaining budgetary discipline at all levels. This can be achieved through the prioritisation of objectives, along with the allocation of available resources to programmes and actions that contribute the most towards achieving these aims.

The Council invites the Commission to present a budget in line with the aforementioned objectives, including a focus on areas that deliver EU added value.

Key elements of the budget for 2018

The Council reiterates the need for a realistic budget respecting the principles of sound financial management and annuality. The level of both commitment and payment appropriations should be kept under strict control and be based on real needs. The level of payment appropriations should be adequate and reflect the payment profiles of all programmes and with a clear focus on the expected needs for the current programming period.

The Council emphasises that the budget for 2018 and corrective budgetary tools shall strictly respect the relevant ceilings in accordance with the multiannual financial framework (MFF) Regulation for the period 2014-20201. Moreover, the Council reiterates the need to leave sufficient margins under the ceilings in order to be able to deal with unforeseen events.

The Council welcomes the phasing out of the backlog of unpaid bills from the previous programming period. It calls on the Commission to continue monitoring the implementation of the 2014-2020 programmes in order to ensure an orderly progression of payment appropriations consistent with the authorised commitment appropriations, thereby pre-empting future accumulation of outstanding unpaid bills.

The Council expects the Commission to make every effort to implement the budget within the allocations agreed in the annual budget, including the recourse to redeployments when appropriate. Corrective budgetary tools, such as amending budgets, should be kept to the strict minimum and in line with the Financial Regulation2 . The Council encourages the Commission to continue to rationalise the submission of draft amending budgets thereby contributing to increase the predictability within the budgetary cycle. If corrective measures prove to be necessary, the Council reaffirms its commitment to take a position on draft amending budgets as soon as possible.

As in the previous years, the Council calls on the Commission to deliver high-quality forecasts concerning both revenue and expenditure in its draft budget and during the whole budgetary process, together with timely, precise and transparent information on the underlying assumptions and budgetary figures3 . Reliable and accurate forecasts on all sources of revenue and on past and expected implementation are crucial in order to avoid either under- or over-budgeting, as well as unjustified and excessive carry-overs. It also allows the European Parliament and the Council to assess any possible requests for additional appropriations or redeployment of existing resources.

An accurate draft budget is essential to allow Member States to anticipate the level of their contributions to the Union's budget with a high degree of precision. In this context, the Council calls upon all actors, and notably the Commission, to undertake appropriate measures in order to avoid unexpected calls for additional contributions from the Member States, especially when the impact on national budgets could be high.

The Council recalls the principle of unity of the budget and calls on the Commission to cater for the necessary financial means in order to implement the Union's policies within the EU budget. The Council believes that full transparency with respect to assigned revenues is crucial for the sound financial management of Union funds. It calls on all institutions, agencies and other bodies to continue providing all the relevant information promptly and on a regular basis.

The Council recalls that all fines, penalties and accrued interest imposed by the Commission shall be transparently recorded as budgetary revenue in line with the provisions of the Financial Regulation.

The Council will continue to oversee the level of outstanding commitments (RAL)4 . It calls on the Commission to continue monitoring the evolution of the RAL by heading and by programme on a regular basis and to settle or decommit them in a timely manner and in line with the relevant rules. In preparing the draft budget, the Commission should take into account the close relationship between commitment and payment levels, the volume of outstanding commitments, the need to respect the MFF ceilings, the absorption capacity and past implementation rates.

Specific issuesComprehensive budgetary documents

The Council encourages the Commission to continuously improve the content of its budgetary documents in order to make them simpler, concise and transparent, clearly justifying the requested appropriations, including their repercussion in terms of payment profiles for the following years until 2020 and beyond. In this context, the Council invites the Commission to accompany any proposal modifying the agreed level of commitment appropriations with the corresponding impact in terms of payments over the current and next programming periods.

The Council acknowledges the usefulness of the Commission's "Active Monitoring and Forecast of Budget Implementation" system, with a view to, inter alia, prevent the possible build-up of an excessive backlog. It recalls that this reporting exercise should include regularly updated payment forecasts to be discussed at dedicated interinstitutional meetings, in line with point 36§3 of the Annex to the Interinstitutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management (IIA)5 .

The Council invites the Commission to annex to the draft budget a comprehensive list of Commission proposals not yet adopted and which have a potential impact on the budget, including the level of appropriations concerned, by budget line.

The Council also invites the Commission to accompany the draft budget with a comprehensive table for the year 2018 consolidating an estimate of all types of internal assigned revenues by budget line, as well as an overview of the fines likely to be recorded as budgetary revenue.

The Council welcomes the good practice of accompanying every proposal for a transfer of appropriations related to a mobilisation of the European Globalisation Adjustment Fund and the Emergency Aid Reserve with an update of the level of implementation of the maximum annual amounts set for the special instrument in the financial year. Likewise, the Council invites the Commission to provide a regular update on the level of implementation of the advance payments related to the European Union Solidarity Fund.

When proposing the mobilisation of a special instrument, the Council invites the Commission to include in its proposal an update of the level of implementation of both commitment and payment appropriations of the respective special instrument.

The Council underlines that high quality programme statements and timely financial information on spending proposals are crucial for the European Parliament and the Council to establish, confirm or modify budgetary priorities. Programme statements should, in particular, focus on performance information and ways to improve it, including the results achieved, the justification for the level of appropriations requested, and on the added value of EU activities. This analysis should be clearly linked to the relevant budget lines in order to support the budgetary decision-making process.

Interinstitutional cooperation during the budgetary procedure

The Council encourages all institutions to collaborate efficiently and constructively, allowing for a smooth budgetary procedure and the establishment of the budget for 2018 within the deadlines set by the Treaty on the Functioning of the European Union (TFEU) and in line with the provisions of the IIA.

The Council calls on the Commission to ensure the timely presentation of the statement of estimates for 2018, allowing each institution enough time to undertake a detailed technical analysis of the disseminated estimates and to prepare thoroughly its position in accordance with an agreed pragmatic calendar.

The Council stresses the need to preserve the annual character of the budgetary procedure and to avoid discussions on issues not directly linked to the annual budget negotiations. It recalls that the purpose of the Conciliation Committee, convened in respect of Article 314 TFEU, is to establish the budget for 2018.

Furthermore, the Council calls on the Commission to ensure the timely and equal access to transparent and objective information and documents at all the stages of the conciliation negotiations.

Administrative expenditure

In the context of fiscal consolidation in Member States, national administrations are obliged to optimise the use of limited resources. There is also a need for rationalisation of EU's administrative expenditure. Therefore, the Council urges all institutions, bodies and agencies to reduce or freeze their administrative expenditure as much as possible and to request financing only for justified needs.

The Council calls on every institution and EU body to timely provide the Commission with clear, comprehensive and consolidated information of their administrative expenditure. In line with the Financial Regulation, the Commission shall attach to the draft budget the documents allowing the European Parliament and the Council to evaluate the situation and take well-founded decisions on the allocation and use of resources. Due attention should be paid to the comprehensibility and comparability over time and between institutions of the information provided.

The Council considers that the level of staff in all institutions, bodies and agencies needs to be kept under continuous monitoring. The Council recalls that 2017 is the last year to comply with the target, as stated in Point 27 of the IIA, to progressively reduce by 5 % the staff across all institutions, bodies and agencies. In this context, the Council proposes that an independent evaluation of the results is undertaken by the European Court of Auditors, covering all institutions, bodies and agencies. On the basis of the conclusions of this evaluation, the Council invites the Commission to present an appropriate follow-up proposal.

Decentralised agencies

While recognising the multiannual character of the actions carried out by some decentralised agencies, the Council recalls that over-budgeting has often led to a substantial and unjustified level of carry-overs. It reiterates the importance of keeping their funding under firm control and limiting it only to substantiated needs. The Council calls on the Commission, when establishing its draft budget for 2018, to continue taking into account unused appropriations and excessive accumulated cash-balances in order to bring down their annual surpluses. It also calls on the Commission to carefully check, and if necessary revise, the requests for funds and posts proposed by the agencies taking into account past implementation, vacancy rates, as well as the compliance with the 5 % staff reduction target.

In this context, the Council takes note of the work of the interinstitutional working group aiming at closer and more permanent scrutiny on the development of decentralised agencies.

The Council expects the Commission to continue providing the European Parliament and the Council with a comprehensive picture concerning agencies, including their building policy, together with the draft budget for 2018.

Conclusion

The Council considers that the EU budget should be prudent while providing sufficient resources in order to strengthen smart and inclusive growth and jobs, and to effectively respond to current and forthcoming challenges, including the measures to tackle the migration and security crises and to contribute to the political and economic stability in the EU's neighbouring countries. It underlines that a transparent, accurate and accountable use of Union's resources is an overarching principle to bring the EU citizens closer to the European project.

As in preceding years the Council will support a realistic budget for 2018, striking the right balance between fiscal prudence and new investments conducive to growth and jobs. It underlines that a timely, predictable, transparent and accurate assessment of needs based on comprehensive budgetary information is an essential tool to reach this objective.

The Council reiterates the need to leave sufficient margins under the ceilings in order to be able to deal with unforeseen circumstances while providing an adequate level of funding and respecting the commitments already made. Moreover, the Council emphasises on the importance of providing reliable and precise forecasts of revenue, allowing Member States to assess in a timely manner their expected contributions to the EU budget.

The Council reiterates the great importance it attaches to these guidelines and expects them to be duly taken into account when preparing the draft budget for 2018.

These guidelines will be forwarded to the European Parliament and the Commission, as well as to the other institutions."

__________________________________________________________________________________________________________________________________________________

(1) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p.884).

(2) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

(3) As shown in the graph contained in the Annex, the provisional implementation of payment appropriations has considerably dropped in 2016.

(4) According to the Commission's implementation report of 18 January 2017, the level of Commission's outstanding commitments (RAL) amounted to EUR 237.5 billion at the end of 2016.

(5) 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 (OJ C 373, 20.12.2013, p. 1).

On 21 February 2017, the Council agreed its position on rules aimed at closing down 'hybrid mismatches' with the tax systems of third countries.

The draft directive is the latest of a number of measures designed to prevent tax avoidance by large companies.

It seeks to prevent them from exploiting disparities between two or more tax jurisdictions to reduce their overall tax liability. Such arrangements can result in a substantial erosion of the taxable bases of corporate taxpayers in the EU.

The directive will contribute to implementation of 2015 OECD recommendations addressing corporate tax base erosion and profit shifting.

“The EU is at the forefront of the fight against tax avoidance. We want to ensure coherent implementation in EU law of the OECD's BEPS action plan.”

Edward Scicluna, Minister for Finance of Malta, and President of the Council.

The proposal addresses hybrid mismatches with regard to non-EU countries, given that intra-EU disparities are already covered by the 'anti-tax-avoidance directive' adopted in July 2016. It complements and amends that directive accordingly.

The Council reached a compromise on the following issues:

• for hybrid regulatory capital, a carve-out from the rules is established for the banking sector. The carve-out will be limited in time, and the Commission will be asked to present a report assessing the consequences;
• for financial traders, a delimited approach is followed in line with that followed by the OECD;
• as regards implementation, a longer timeline is foreseen than that set for the July 2016 directive. Implementation is set for 1 January 2020 (one year later), and for 1 January 2022 as concerns one specific provision.

Next steps

The directive is one of a package of corporate taxation proposals presented by the Commission in October 2016.

Agreement was reached at a meeting of the Economic and Financial Affairs Council. The Council will adopt the directive once the European Parliament has given its opinion.

Member states will have until 31 December 2019 to transpose the directive into national laws and regulations.

The directive requires unanimity within the Council, after consulting the Parliament. (Legal basis: article 115 of the Treaty on the Functioning of the European Union.)

Let me, first of all, thank you for this meeting. We all truly needed it. Too much has happened over the past months in your country, and in the EU; too many new, and sometimes surprising opinions have been voiced over this time about our relations - and our common security - for us to pretend that everything is as it used to be. And thank you for being so open and frank with me.

Today I heard words which are promising for the future, words which explain a lot about the approach of the new administration in Washington. I repaid our guest by offering honesty in my assessment of the situation; I shared our concerns and hopes. Given that I am an incurably pro-American European who is fanatically devoted to transatlantic cooperation, I could afford to be outspoken even more.

I asked the Vice President directly if he shared my opinions on three key matters: the international order, security and the attitude of the new American administration towards the European Union. Firstly, I expressed my belief that maintaining order based on the rules of international law, where brute force and egoism do not determine everything, lies in the interest of the West. And, that maintaining that order can only be enforced through a common, mutually supportive and decisive policy of the whole of the Western community. For millions of people around the world, the predictability and stability of our approach provide a guarantee or - at the very least - hope that chaos, violence and arrogance will not triumph in a global dimension. Referring to some statements made in Munich just two days ago, I would like to say clearly that the reports of the death of the West have been greatly exaggerated. Whoever wants to demolish that order, anticipating a post-West order, must know that in its defence we will remain determined.

Secondly, our security is based on NATO and the closest possible transatlantic cooperation. We must work together to modernise the forms of this cooperation. Some of them should indeed be improved. But we should also, I believe, agree on one thing: the idea of NATO is not obsolete, just like the values which lay at its foundation are not obsolete. Let us discuss everything, starting with financial commitments - but only to strengthen our solidarity, never to weaken it.

Thirdly, we are counting, as always in the past, on the United States' wholehearted and unequivocal, let me repeat, unequivocal support for the idea of a united Europe. The world would be a decidedly worse place if Europe were not united. Americans know best what great value it is to be united, and that becoming divided is the prelude to a fall. It is in the interest of us all to prevent the disintegration of the West. And, as for our continent, in this respect we will not invent anything better than the European Union.

In reply to these three matters, I heard today from Vice President Pence three times "yes"! After such a positive declaration, both Europeans and Americans must simply practise what they preach.

On Saturday in Munich, you mentioned that during your trip across Europe in 1977 with your older brother, you found yourselves at some point in West Berlin, marvelling at what you saw, then crossing through Checkpoint Charlie only to see the "shadow of repression hanging over people". As you know, I had been living under this shadow for over thirty years. What I vividly remember from my own past is how after Martial Law was imposed in Poland on 13 December 1981, President Ronald Reagan urged all Americans to light a "solidarity candle" on Christmas Eve, as he did himself. It is not difficult to imagine how this moving message of American solidarity with the oppressed Polish nation against, as Reagan said, "the forces of tyranny and those who incite them from without", helped bring back hope and the determination not to give in.

In your speech you also highlighted the historic role of some American and European leaders, including Vaclav Havel and Lech Wałęsa. I was lucky to cooperate closely with the two of them in difficult times. Similarly to us, they all believed in the purpose of cooperation and solidarity between Europe and the US. We cannot let their efforts go to waste. After today's talks it will be easier for me to believe that we will fulfil this task.

The Council agreed on a general approach to strengthen cooperation between national authorities responsible for the enforcement of consumer protection laws.

The objective of the proposal is to modernise cooperation mechanisms to further reduce the harm  caused to consumers by cross-border infringements to EU consumer law. 

In particular, effective consumer protection has to respond to the challenges of the digital economy and the development of cross-border retail trade in the EU.

Chairing the Council meeting, the Maltese Minister for the Economy, Investment and Small Business, Dr. Chris Cardona, stressed that consumer authorities must be equipped with the right tools to generate and preserve confidence in the internal market. "This proposal is about trust, trade and innovation. Trust in e-commerce by consumers and companies is essential if the European economy is to grow", he added. 

This revision of the existing Consumer Protection Cooperation framework will give more powers to national authorities which may for example check if websites geo-block consumers, order the immediate take-down of websites hosting scams or request information from domain registrars and banks to detect the identity of the responsible trader. 

In case of EU-wide breaches of consumer rights, national enforcement authorities and the Commission will coordinate common actions to stop these practices, in particular in cases of widespread infringements with Union-dimension which are likely to harm consumers in a large part of the EU. 

Consumer trust in e-commerce 

Ineffective enforcement of cross-border infringements, in particular in the digital environment, enables traders to evade enforcement by relocating within the Union, giving rise to a distortion of competition for law-abiding traders operating either domestically or cross-border, and thus directly harming consumers and undermining consumer confidence in the single market. 

An increased level of harmonisation setting effective and efficient enforcement cooperation among public enforcement authorities is therefore necessary to detect, investigate and order the cessation of intra-Union infringements and widespread infringements. 

In order to further harmonise practices across the EU, the future regulation will set out a number of minimum investigation and enforcement  powers that every national competent authority will have to be able to exercise in order to coordinate properly in the fight against infringements. 

These powers will strike a balance between the interests protected by fundamental rights such as a high level of consumer protection, the freedom to conduct business and freedom of information. 

The mutual assistance mechanism between administrations will be strengthened to establish whether an intra-EU infringement has occurred and to bring about the cessation of that infringement. 

An improved alert mechanism will allow a competent authority to notify without delay the Commission and other competent authorities of any reasonable suspicion that an intra-Union infringement or widespread infringement is taking place on its territory that may affect consumers' interests in other member states. 

Competent authorities will also be able to open investigations on their own initiative if they become aware of intra-Union infringements or widespread infringements by means other than individual consumer complaints. 

Catching up with the digital economy 

On 25 May, the Commission presented the proposal on the review of the consumer protection cooperation as part of a broader package including proposals on cross-border parcel deliveries and on tackling unjustified geo-blocking. 

Currently, regulation 2006/2004 provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross-border consumer protection laws. 

The scope of the 2004 regulation covers 18 pieces of consumer legislation, including: provisions to protect consumers from unfair and misleading commercial communication; ensuring that consumers are adequately informed before making purchasing decisions; providing appropriate protection when entering contracts with businesses; as well as complaint and redress mechanisms and access to justice. 

However, following a review on the effectiveness of regulation 2006/2004, the Commission concluded it no longer effectively addresses the enforcement challenges of the digital single market. 

The 2015 digital single market strategy identified the need to enhance consumer trust through more rapid, agile and consistent enforcement of consumer rules as one of its priorities. 

Next steps 

The general approach enables the Council to start discussions with the European Parliament under the EU's ordinary legislative procedure. 

The internal market and consumer protection committee of the European Parliament (IMCO) has announced a vote on its position on 21 March 2017. 

Today the President of the European Council Donald Tusk met Prime Minister of Romania Sorin Grindeanu in Brussels. 

This first bilateral meeting since Prime Minister Grindeanu took office in January allowed for discussions on the main files on the European Union agenda as well as recent developments in Romania and the government's priorities. 

President Tusk welcomed the government's continued commitment to the European project and a stronger and united European Union, as Romania is preparing for the rotating Presidency of the Council of the EU in the first semester of 2019. 

President Tusk and Prime Minister Grindeanu discussed the central importance of the rule of law and the fight against corruption in ensuring that its citizens are able to benefit fully from all the opportunities offered by membership of the Union. 

President Tusk underlined the need to advance in the fight against corruption, safeguard the significant progress achieved and ensure its irreversibility, in line with the high expectations of Romanian society and the EU's values.

from 07.45
Arrivals (live streaming)

+/- 09.15
Doorstep by Minister Scicluna

+/- 09.30
Ministerial breakfast (Roundtable)

+/- 10.30
Beginning of the Council meeting
Adoption of the agenda

Anti-Tax Avoidance Directive (public session)

Any other business:
Current financial services legislative proposals (public session)

Approval of non-legislative A items

EU List of non-cooperative jurisdictions for tax purposes

Preparation of G20 Meeting on 17-18 March 2017

Discharge on the implementation of budget for 2015

Budget guidelines for 2018

Any other business

At the end of the meeting
Press conference (live streaming)
Main press room, Justus Lipsius building

Monday 20 February 2017
10:15 Meeting with United States Vice-President Mike Pence (media advisory)

Tuesday 21 February 2017
13.00 Meeting with President of the European Commission Jean-Claude Juncker

Wednesday 22 February 2017
11.00 Presentation of letters of credentials of ambassadors

Place:        Europa building, Brussels
Chair:        Christian Cardona, Minister for the Economy, Investment and Small Business of Malta                                        

All times are approximate and subject to change

 +/- 08.30    
Arrivals (Justus Lipsius building)                  

+/- 09.15 
Doorstep by Minister Cardona (Justus Lipsius building) 

+/- 10.00
Beginning of the meeting (Roundtable/Photo opportunity)
Adoption of agenda
Adoption of non-legislative A items
Adoption of legislative A items (public session)

+/- 10.15 
Consumer protection cooperation (public session)
+/- 11.15
Competitiveness check-up: intangible investments in EU companies
+/- 12.00
Public procurement in the context of the 2017 European Semester process 

+/- 13.00
Informal working lunch: European Industrial Competitiveness 

+/- 15.00
The start-up and scale-up initiative
+/- 16.00    
Approval and market surveillance of motor vehicles (public session)
+/- 16.30    
Any other business:
- Unitary Patent and Unified Patent Court
- European Defence Action Plan
+/- 17.35
- Services Package (public session)
+/- 18.00
 - Portability of digital services (public session)
 - Competitiveness of the transport sector

+/- 18.20
Press conference (live streaming) in the Justus Lipsius building

Member states ambassadors endorsed today the provisional agreement reached on 9 February 2016 between Council and European Parliament representatives on a decision establishing a European Year of Cultural Heritage (2018) which will celebrate the diversity and richness of our European culture.

This initiative also aims to raise awareness of European history and values and to strengthen a sense of European identity. At the same time, it draws attention to the opportunities offered by our cultural heritage, but also to the challenges it faces, such as the impact of the digital shift, environmental and physical pressure on heritage sites, and the illicit trafficking of cultural objects.

The main objectives of this European Year are:

• to promote cultural diversity, intercultural dialogue and social cohesion;
• to highlight the economic contribution of cultural heritage to the cultural and creative sectors, including small and medium-sized enterprises, and to local and regional development
• to emphasise the role of cultural heritage in EU external relations, including conflict prevention, post-conflict reconciliation and rebuilding destroyed cultural heritage

The European Year will have a dedicated financial envelope of 8 million EUR with a joint statement of the Parliament and the Council specifying the sources of financing.

"As Europeans we have a particularly rich cultural heritage born of our long shared history. I welcome the opportunity to celebrate that heritage and to take pride in all that makes up our common European identity".

Dr. Owen Bonnici, the Maltese Minister for Justice, Culture and Local Government

European Council meeting will take place on 9 and 10 March 2017 in the Europa building in Brussels. 

Now open for last-minute accreditation requests (online only)
Procedure

Please note that due to the current security situation in Belgium, specific security measures have been put in place for last minute accreditation requests. Media representatives applying for the first time or who have not been screened recently will be the subject of a comprehensive and detailed verification by our security service. Considering the time and resources needed for these verifications, not all requests may be processed. Media are therefore advised to avoid sending representatives falling into these categories.

If this is your first registration, please make sure you have a recent ID-size photograph in JPEG format (.jpg) and the number of your passport or identity card ready before starting the online process.

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• Thursday 9 March, from 08.30 to 20.00
• Friday 10 March, from 08.00 to the end of the final press conference (max. 22.00)
  
  

Practical information on the press centre and the media programme will follow.

For more details on the European Council meeting, see the meeting page.

EU ambassadors today endorsed new rules to allow consumers who paid for online content services in their home country to access them when visiting another country within the EU.

Access to subscriptions from abroad at no extra charge

The new regulation will improve competitiveness by encouraging innovation in online services and attracting more consumers. It is one of the objectives of the digital single market strategy to create a truly internal market for digital content and services. 

It will apply to all online content services which are provided against payment of money. Free to air services, such as those provided by certain public broadcasters, will have the option of benefiting from the regulation provided that they verify the country of residence of their subscribers. 

Current obstacles to cross-border portability of online services arise from the fact that the rights for the transmission of content protected by copyright such as audio-visual works as well as rights for premium sporting events are often licensed on a territorial basis. Online service providers may choose to serve specific markets only.

The provision of cross-border portability will not be subject to any additional charges. 

Verification of member state of residence

The new measures will ensure equal access from abroad to content legally acquired or subscribed to in the member state of residence when on holidays, business trips or limited student stays. 

To avoid abuses, service providers will verify the subscribers' member state of residence. The verifications will be carried out in compliance with EU data protection rules. 

The provider will be authorised to cease the access to the online service when the subscriber cannot prove his/her member state of residence. 

The means of verification will be reasonable, proportionate and effective. It will consist of using no more than two criteria from a list of verification means. These may include an identity card, a bank account or credit card; the address of installation of the device for the supply of services; the payment by the subscriber of a licence fee for other services; an official billing or postal address; etc. 

But copyright holders will have the possibility of authorising the use of their content without the obligation to verify the subscriber's residence. 

Entry into force

Today's decision confirms the provisional agreement reached on 7 February 2017 between the Maltese Presidency and European Parliament representatives. 

After formal approval of the regulation by the Council and the Parliament, the new rules will start to apply in the first semester of 2018 (nine months after its publication in the EU's Official Journal). 

Background

The increased use of portable devices such as tablets and smartphones facilitates access to the use of online content services regardless of the consumers' location. 

There is rapidly growing demand on the part of consumers for access to content and innovative online services not only in their own country but also when they are away from home. As a result,  barriers that hamper access and use of online content services within the single market need to be eliminated.

Place:        Europa building, Brussels
Chair(s):    Evarist Bartolo, Minister for Education and Employment of Malta

All times are approximate and subject to change

+/- 09.15
Doorstep by Minister Bartolo

+/- 10.00
Beginning of Council meeting (Roundtable)

Adoption of the agenda
Adoption of A Items (legislative and non-legislative)

Adoption of conclusions:
-  Investing in Europe's youth with particular regard to the European Solidarity Corps
-  Inclusion in diversity to achieve a high quality education for all

+/- 10.45
The contribution of education and training to social cohesion and the fostering of common European values in the context of the European Semester 2017 (public session)

Other business
-  Conference of Ministers of Education entitled "Securing democracy through education" (Nicosia, 22 - 23 March 2017)

+/- 13.00
Working lunch on Improving and modernising education

+/- 12.45
Press conference (live streaming)

On 14 February 2017, representatives of the Council and the European Parliament reached agreement on a programme to promote the involvement of consumers in policymaking in financial services. 

Grants will be provided to two NGOs - Finance Watch and Better Finance - to support activities that encourage the involvement of consumers and other end-users in policymaking. The programme will also contribute to the information of consumers about issues at stake in regulation of the financial sector. 

"As much as regulators, consumers are well placed to judge the suitability of a financial product or service and can contribute actively to policymaking", said Edward Scicluna, Maltese minister for finance and president of the Council. "This EU-wide support programme is meant to strengthen this consumer participation." 

The new programme follows on from a 2011 pilot project that set out to restore consumer confidence in the financial sector following the 2007-08 financial crisis. 

It will be established for the period running from its entry into force until 31 December 2020 with a financial envelope of €6 million. 

Financial services consumers cover a range of users including individual savers, retail investors, insurance holders, pension fund participants and borrowers. 

Next steps

The agreement will be submitted to EU ambassadors in the coming days for approval on behalf of the Council. The Parliament and the Council will then be called on to adopt the proposed regulation without further discussion.

Media programme

Europa building - Brussels

+/- 10.15 Arrival of Vice President of the United States Mike Pence
Welcome by the President of the European Council Donald Tusk
(Europa VIP entrance, level 0 - photo/TV opportunity pool*)

+/- 11.00 Press statements
(Europa press room, level 1 - access on first come, first served basis)

Accreditation

Journalists holding a 6-month badge (01.01.2017 - 30.06.2017) do not need to register.
Journalists without the above badge must apply on https://eventaccreditationjour.consilium.europa.eu until Friday 17 February 2017, 12.00.
Accreditation badges must be collected from the LEX building (145 rue de la Loi, Brussels) on Monday, 20 February from 7.00 to the end of the event. Original documents need to be produced when collecting the badge.

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Good afternoon. It was a real pleasure for me to meet President Van der Bellen for the first time since his election last December, and of course to welcome Chancellor Kern again here in Brussels.

One of the issues we discussed is our cooperation when Austria takes over the EU's rotating Presidency in the second half of the next year. Holding the presidency is a privilege and opportunity, but also a demanding task. I remember this from my own experience as Polish Prime Minister. I assured the President and the Chancellor of my full support and cooperation.

During our very constructive meeting, we also talked about the migration challenge. I know that this is an issue that continues to be on the minds of many Austrian citizens. At the height of the migration crisis, Austria was very much at the centre of the storm. Since then we have in fact, through collective decisions, determination and actions, stemmed the flow via the so-called Eastern Mediterranean route. Our main goal is and will remain the effective control of the EU's external border. The last four months have seen only 2%, let me repeat 2%, of the number of irregular migrants that came to Europe from Turkey at the peak of the crisis in the same period in 2015. So, we have come a long way since then.

At our informal meeting of the European Council in Malta ten days ago, we focused on how to reduce illegal migration from Libya to Italy, the so-called Central Mediterranean route. EU leaders agreed on immediate operational measures, to be implemented in cooperation with Libya and its neighbours, that should help reduce the number of irregular migrants and save lives at sea. The EU will also support Member States' bilateral activities in this regard. But, and this is something that Chancellor Kern and I very much agree on, we also have to remain vigilant about the Eastern Mediterranean route. It needs to stay closed for good, and close cooperation with our partners in the Balkans and in Turkey remains key to ensure this. It is clear that we will have to take additional steps in some areas. Ensuring effective returns is one of them.

Another important topic of discussion was the future of the EU. As we approach the sixtieth anniversary of the Treaty of Rome in March, the challenges that the EU is facing are bigger than at any time since the signature of the Treaty of Rome. The geopolitical situation is difficult, to say the least, and populist forces are coming to the fore in many European countries. In some circles, it has become fashionable to be anti-EU. This is why I again expressed my great admiration and respect for President Van der Bellen, whose victory became a sign of hope for millions of Europeans.

When European leaders meet in Rome in March, we will on the one hand take stock of the EU's achievements and on the other hand, look into the future and discuss how the EU can better deliver for its citizens. Personally, I am deeply convinced that it is worth fighting for what we Europeans have already accomplished over the last sixty years.

Thank you.

On 19 December 2016, the Council adopted Council Decision (CFSP) 2016/2315[1]. The Council Decision extends existing measures until 31 July 2017. 

The Candidate Countries Montenegro* and Albania*, and the EFTA countries Liechtenstein and Norway, members of the European Economic Area, as well as Ukraine, align themselves with this Council Decision. 

They will ensure that their national policies conform to this Council Decision. 

The European Union takes note of this commitment and welcomes it. 

 [1] Published on 20.12.2016 in the Official Journal of the European Union no. L 345, p. 65. 

* Montenegro and Albania continue to be part of the Stabilisation and Association Process. 

On 27 January 2017, the Council adopted Council Decision (CFSP) 2017/153[1]. The Council Decision extends the existing restrictive measures until 31 January 2018. The measures in question are an assets freeze and a prohibition on making funds available regarding 48 individuals considered as responsible for the misappropriation of Tunisian State funds before 2011. 

The Candidate Countries the former Yugoslav Republic of Macedonia*, Montenegro*, Serbia* and Albania*, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, and the EFTA countries Iceland, Liechtenstein and Norway, members of the European Economic Area, as well as Ukraine, the Republic of Moldova and Georgia align themselves with this  Council Decision. 

They will ensure that their national policies conform to this Council Decision. 

The European Union takes note of this commitment and welcomes it. 

 [1] Published on 28.01.2017 in the Official Journal of the European Union no. L23, p. 19.

 *The former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania continue to be part of the Stabilisation and Association Process.

   

Today the Greek minister of Finance, the institutions (European Commission, ECB, ESM and IMF) and I had a constructive meeting on the state of play of the second review

There is a clear understanding that a timely finalisation of the second review is in everybody's interest

We made substantial progress today and are close to common ground for the mission to return to Athens the coming week

We will take stock of the further progress of the second review during the next Eurogroup.

On behalf of the European Council and personally, I would like to congratulate you on your election as President of the Federal Republic of Germany. I wish you every success in your new role.

Your appointment comes at a critical moment for Europe. The many external and internal challenges we are facing could hardly be more severe. In times like these, European unity is more important than ever, and I look forward to Germany's continued contribution to the European project. 

Monday 13 February 2017
14.00 Meeting with President of Austria Alexander Van der Bellen and Federal Chancellor Christian Kern (press statements ± 14.30)

Wednesday 15 February 2017
11.00 Meeting with Prime Minister of Lithuania Saulius Skvernelis

Thursday 16 February 2017
10.00 Meeting with President of Kyrgyzstan Almazbek Atambayev

Monday 20 February 2017
10:15 Meeting with United States Vice-President Mike Pence