European Union

On 30 June 2016 the Council and the European Parliament reached a provisional agreement on a directive to reduce emissions of air pollutants. This so-called new NEC Directive sets stricter national limits from 2020 to 2029 and from 2030 onwards. 

"With this directive we will combat air pollution, a killer that annually causes over 400 000 premature deaths. The reduction of emissions of certain pollutants will ensure substantial health benefits. I am very pleased that after years of negotiations we were able to reach this agreement on the last day of the Dutch presidency, for all the people in Europe".

Sharon Dijksma, Dutch Minister for the Environment and president of the Council

The aim of this directive is to further address the health risks and environmental impact of air pollution. It is also meant to align EU law with international commitments (following the revision of the Gothenburg Protocol in 2012).

Pollutants

The new directive set national limits for the emissions of five pollutants: sulphur dioxide, nitrogen oxides, non-methane volatile organic compounds, ammonia and fine particulate matter.

National emission limits

The national emission limits for each pollutant from 2020 to 2029 are identical to those to which the member states are already committed  in the revised Gothenburg protocol. New stricter reductions from 2030 have now been agreed.

With the new commitments, the health impact of air pollution is estimated to be reduced by about 50% in 2030 (compared to 2005).

Emission levels for 2025

Indicative emission levels for 2025 will be identified for each member state.  They will be determined on the basis of  a linear trajectory towards the emission limits that will apply from 2030. However, member states will have the possibility to follow a non-linear trajectory if this is more efficient.

If member states deviate from the trajectory planned, they will need to give the reasons and explain the actions they intend to take  in order to get back on track.

Flexibility

Some flexibility to comply with the limits is foreseen, under certain circumstances. For instance, if one year a member state cannot fulfil its commitment due to an exceptionally cold winter or dry summer, this country will have the possibility to average out annual emissions with those of the preceding and subsequent year.

Timeline and next steps

The Commission presented its proposal as part of the 'Air quality package' in December 2013. This file follows the ordinary legislative procedure. The European Parliament voted its position on the proposed directive in October 2015. The Council agreed on a general approach in December 2015. This directive needs qualified majority to be adopted by the Council.

In June 2016 a compromise text proposed by the presidency of the Council was supported by Coreper. On 30 June the text was in principle accepted by the European Parliament.

The European Parliament is expected to vote it in the autumn. Then the text will be submitted to the Council for final adoption at first reading.

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Source : © European Union, 2016 - EP

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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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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.