European Union

On 30 June 2016 the Council and the European Parliament agreed on revised rules for the fishing of deep sea species in the EU and CECAF waters.

The agreed draft regulation aims to ensure the sustainable exploitation of deep sea stocks while reducing the environmental impact of these fisheries.

The agreement, successfully concluded under the Netherlands Presidency, comes after four years of intense political and technical work, and is still subject to the approval of the Council's Permanent Representatives Committee (Coreper) and the European Parliament's committee on fisheries (PECH).

"The agreement reached today on the protection of deep-sea habitats includes a general ban on deep sea fishing with bottom trawls from 800 meters depth and a system for the protection of vulnerable marine ecosystems in areas where fishing under certain conditions is still allowed. This deal therefore strikes a good balance between the need to protect deep-sea habitats and a responsible exploitation by fishermen", said Martijn van Dam, minister for agriculture of the Netherlands and president of the Council.

Sustainable utilisation of deep sea stocks and enhanced protection of deep sea eco-systems

The EU deep sea fishing regime regulates which operators are allowed to target deep sea species and sets the conditions under which member states can issue fishing authorisations for deep sea fisheries.

The agreement on revised rules strikes an ambitious balance between the commercial exploitation of certain deep water fish populations and their sustainability.

It does this through the introduction of innovative tools to manage the stocks such as:

• a 800 meter depth limit below which it will not be possible to fish with bottom trawls
• the setting of a geographical footprint based on historical criteria by which vessels will only be able to fish in those areas where they have done so during the reference period
• special protection measures for vulnerable marine eco-systems which apply to operations with bottom gears below a depth of 400 m
• boosted control measures based on the system applied by the management plans
• additional targeted data collection obligations aimed at ensuring a better picture of deep-sea stocks. Among these, of particular importance is an observer coverage of 20% applicable to EU vessels fishing with bottom trawls and bottom set gillnets in both EU and NEAFC waters

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 PECH committee. 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.

This should enable the entry into force of the new legislation by the end of 2016.

Background

The Fishery Committee for the Eastern Central Atlantic (CECAF) is the competent organisation responsible for recommending fisheries management measures for the international waters of the Eastern Central Atlantic to its Contracting Parties.

The purpose of the Committee is to promote the sustainable utilisation of the living marine resources within its area of competence by the proper management and development of the fisheries and fishing operations.

The North East Atlantic Fisheries Commission (NEAFC) is the competent organisation responsible for recommending fisheries management measures for the international waters of the North East Atlantic to its contracting parties. The latter include Denmark (in respect of the Faroe Islands and Greenland), the European Union, Iceland, Norway, and the Russian Federation. The objective of NEAFC is to ensure the long-term conservation and optimum utilisation of the fishery resources in its convention area, providing sustainable economic, environmental and social benefits.

On 30 June 2016 the Permanent Representatives Committee approved, on behalf of the Council, an agreement with the European Parliament concerning goods that can be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. 

The agreement will enable regulation 1236/2005 to be amended in the light of developments since it entered into force in 2006. It provides for amendments to the rules on export controls, new controls on brokering services and technical assistance, and a ban on advertising of certain goods. The aim is to prevent EU exports from contributing to human rights violations in third countries.

The new regulation amending regulation 1236/2005  is due to be approved by the Parliament in September, and will then be submitted to the Council for adoption. Political agreement with the Parliament was reached on 24 May 2016.

A ban on torture and ill-treatment is enshrined in United Nations conventions on human rights. At EU level, the Charter of Fundamental Rights prohibits capital punishment and provides that "no one shall be subjected to torture or to inhuman or degrading treatment or punishment". The EU also promotes respect for fundamental rights around the world. 

Two categories of goods 

Regulation 1236/2005 bans the export and import of equipment/goods that can only be used for torture or capital punishment. Such goods are listed in annex II to the regulation. 

The regulation requires specific licences for exports of equipment/goods that could have such uses but which also have legitimate applications. Such goods are subject to a case-by-case assessment and are listed in annexes III and IIIA to the regulation. 

In December 2011, the regulation was amended to control the export of drugs that could be used in executions by lethal injection. 

Amendments 

The new regulation imposes a ban on the brokering of equipment that is subject to a ban and listed in annex II, so as to cover transfers of goods that are not located in the EU. It additionally bans the provision of brokering services by any broker who is aware that goods listed in annex III or IIIA may be used for torture or capital punishment. 

The draft also bans the supply of technical assistance (concerning goods listed in annex III or IIIA) by anyone who is aware that the equipment in question may be used for torture or capital punishment. 

It furthermore provides for an urgency procedure in case rapid amendment of the regulation's annexes is necessary when new goods enter the market. 

Agreement with the EP 

Under the agreement with the European Parliament, the agreed text: 

• introduces a prior authorisation regime for brokering services and technical assistance for annex III and IIIA goods, in place of the prohibition proposed by the Commission;
• prohibits the transit of goods listed in annex II and, if the transporter knows that the goods will be used for torture or capital punishment, for annex III and IIIA goods;
• prohibits the advertising and promotion at exhibitions and trade fairs of goods listed in annex II;
• establishes a coordination group, which will serve as a platform for member state experts and the Commission to exchange information on administrative practices. The group will also discuss questions of interpretation, developments and implementation of the regulation.

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 (Georgia)
Committee on Foreign Affairs

Source : © European Union, 2016 - EP

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Source : © European Union, 2016 - EP

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.

                                                                       ***

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