               EUROPEAN COMMISSION
            Brussels, 21.11.2018
            COM(2018) 759 final
            Recommendation for a
            COUNCIL RECOMMENDATION
            on the economic policy of the euro area
            {SWD(2018) 467 final}

               Recommendation for a

               COUNCIL RECOMMENDATION

               on the economic policy of the euro area

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 136 in conjunction with Article 121(2) thereof,

               Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies
                  1
               , and in particular Article 5(2) thereof,

               Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances
                  2
               , and in particular Article 6(1) thereof,

               Having regard to the recommendation of the European Commission,

               Having regard to the conclusions of the European Council,

               Having regard to the opinion of the Economic and Financial Committee,

               Having regard to the opinion of the Economic Policy Committee,

               Whereas:

               (1)The euro area is entering its sixth year of uninterrupted economic growth and the negative output gap is closing, but risks to the outlook are increasing and growth is expected to moderate. Potential growth remains significantly below pre-crisis levels and country divergences persist resulting from notable differences in economic resilience across Member States. Real wage growth is still moderate and has been trailing behind productivity developments. Nominal wage growth and core inflation are picking up with continued employment growth, but pockets of labour underutilisation or high unemployment remain in some Member States. The euro area has recorded a large current account surplus over the past five years linked to the dynamics of the euro-area exports and improved competitive position while country divergences continue to be significant on the external side. Member States that recorded large external deficits for a long time still have large negative net international investment positions that represent vulnerabilities, as they are generally mirrored by large stocks of private or government debt. An appropriate deleveraging pace, a supportive growth and inflation environment, continued reforms to increase productivity are crucial for successful rebalancing in the euro area.
                  3
                Favourable demand dynamics are also important, and large surplus countries would also contribute to rebalancing by strengthening the conditions that support wage growth, as well as public and private investment.

               (2)Increasing long-run growth potential and overcoming national and regional disparities requires further increases in labour participation rates, growth-enhancing structural reforms and investment in tangibles and non-tangibles to increase productivity and innovation, in particular in those Member States where it is clearly lower than the euro area average. This is important for strengthening economic, social and territorial cohesion in the euro area.

               (3)Consistency and balance in the macroeconomic policy mix of the euro area, including monetary, fiscal and structural policies, is crucial to ensure robust and sustainable economic growth. In recent years, the European Central Bank resorted to unconventional monetary policy tools to bring inflation back towards its medium-term inflation objective, while supporting growth and job creation. Against the backdrop of a gradual normalisation of monetary policy, appropriately differentiated fiscal policies and focus on structural reforms are needed to continue supporting growth in the short and long term.

               (4)The strengthening of fiscal sustainability of the euro area and its Member States requires differentiated national policies in full respect of the Stability and Growth Pact and should take into account fiscal space. Coordination of national fiscal policies in accordance with the common fiscal rules is essential for the proper functioning of the Economic and Monetary Union (EMU). The common fiscal rules are geared towards pursuing debt sustainability at the national level, while providing room for macroeconomic stabilisation. The euro area fiscal stance remained on average broadly neutral over 2015-2018 and based on the Commission forecast it is projected to become slightly expansionary in 2019 in spite of output being above potential. Rebuilding fiscal buffers is especially important in Member States with still high levels of public debt. Doing so would also reduce their vulnerability to shocks and allow for the full functioning of automatic stabilisers in the next downturn. Increasing public investment, in particular in Member States with fiscal space, would support growth and rebalancing.

               (5)Fiscal structural reforms remain crucial for improving fiscal sustainability and strengthening the economic growth potential. Better functioning national fiscal frameworks, well-managed spending reviews and effective and transparent public procurement can strengthen the efficiency and effectiveness of public expenditure and the credibility of fiscal policies. Improving the composition of national budgets, on both revenue and expenditure sides, including shifting resources towards investment, would increase the growth impact of public budgets and raise productivity in the longer term. Simplifying and modernising tax systems and addressing tax fraud, evasion and avoidance, namely through measures against Aggressive Tax Planning are essential to making tax systems more efficient and fairer. Ensuring that tax systems favour the deepening of the single market, and encourage competition between firms is key in improving the business environment in and the resilience of the euro area and Member States’ economies. The Common Consolidated Corporate Tax Base would be instrumental in this endeavour.

               (6)Structural and institutional features of labour and product markets and well-functioning public administrations are important for the resilience of euro-area Member States. Resilient economic structures prevent shocks from having significant and long-lasting effects on income and labour supply. This can facilitate the operation of monetary policy and contain divergences, creating conditions for sustainable and inclusive growth. Better coordination and implementation of structural reforms, in particular those prescribed in the country-specific recommendations, can create positive spillovers between Member States and strengthen the positive effects across the euro area. Reforms that increase competition in product markets, promote resource efficiency and improve the business environment, and quality of institutions, including an effective justice system, foster economic resilience of the euro area and Member States. The Single Market still holds considerable unexploited potential and progress is needed to deepen it, particularly in financial services, digital activities, energy and transport, ensuring timely implementation and better enforcement of legislation.

               (7)The European Pillar of Social Rights sets out twenty principles to foster equal opportunities and access to the labour market, fair working conditions and social protection and inclusion. Reforms that promote labour market participation,   support transitions and reduce segmentation can help boost growth, improve economic resilience and automatic stabilisation, reduce inequalities, and help face the challenges of a changing economy. Individualised support for job searching, training and requalification can result in effective and timely activation. Access to high-quality education and training is vital and requires adequate investment in human capital and skills, notably for the low skilled. Such reforms and investments improve employability, innovation, productivity, and wages in the medium and longer term, increasing resilience of the euro area and promoting social inclusion and mobility within Member States and across the euro area. The tax burden in the euro area is relatively high and skewed towards labour; a shift away from labour to tax bases that are less detrimental to growth, such as property, consumption or environmental taxes, could strengthen labour supply and demand. Employment protection legislation needs to provide for fair and decent working conditions for all workers especially in view of emerging new forms of employment and new types of contracts that bring along new opportunities but also challenges related to job security and social protection coverage. Effective and sustainable social protection systems are also crucial to ensure adequate income and access to quality services. Pension reforms and work-life balance policies are also key to foster labour-market participation. Unnecessary restrictions on job, sectoral and geographical mobility may hamper reallocation within Member States and across the euro area. Social partners’ involvement in employment, social and related economic reforms is crucial.

               (8)While the robustness of the euro area financial sector has increased since the crisis, vulnerabilities remain to be addressed. Private sector debt remains elevated, and tax systems still feature a debt bias. Substantial increases in sovereign bond yields risk eroding banks’ capital risking negative spillovers across the euro area. The need to adapt banks' business models, the low interest rate environment and increasing competition from other forms of finance continue to exert pressure on banks' profitability. Non-performing loan (NPL) ratios are falling as a share of total loans and at a higher rate in Member States with the highest stocks. Nonetheless, national NPL ratios that remain far above the euro area average require further sustained efforts. In March 2018 the Commission presented a risk-reduction package to address legacy NPLs and avoid their future build-up which should be fully adopted by Parliament and the Council. Adoption by the end of 2018 of the November 2016 banking package, which further reduces risks by implementing internationally agreed norms on capital buffers and liquidity in banks, remains crucial for the completion of the Banking Union. Following serious breaches of anti-money laundering rules, the Commission proposed reinforcing the European Banking Authority and supervisory cooperation to strengthen the enforcement of the regulatory framework in this area. Significant progress has been made in establishing the Banking Union, but it remains unfinished. The lack of a common deposit insurance scheme and of a common backstop for the Single Resolution Fund hampers the ability of the Banking Union to sever the link from banks to sovereigns.

               (9)Strengthening the architecture of the EMU requires completing the Banking Union and the Capital Markets Union as a matter of priority, but also action on all the elements of the Commission roadmap for the EMU for the period until 2024. Given the common monetary policy and a decentralised fiscal policy, more risk sharing is needed considering the achieved progress on risk reduction. In December 2017 and May 2018, the Commission published a set of proposals setting further steps towards completing the EMU, including a European Investment Stability Function and a Reform Support Programme (proposed under the Multi Annual Financial Framework). The proposals build on the reflection paper on the deepening of EMU of May 2017 and the Five Presidents' Report of June 2015. In line with the agreement of euro area Finance Ministers in June 2018, political decisions and concrete steps are to be taken on the Banking Union, including beginning political negotiations on the European Deposit Insurance Scheme and to further strengthen the European Stability Mechanism, which leaders agreed should be the provider of the backstop to the Single Resolution Fund. All these reforms will contribute to strengthening the international role of the euro, making it more commensurate to the euro area global economic and financial relevance. It is important that they are discussed in an open and transparent manner towards non-euro area Member States.

               (10)The Employment Committee and the Social Protection Committee have been consulted on the employment and social aspects of this recommendation,

               HEREBY RECOMMENDS that euro area Member States take action, individually and collectively within the Eurogroup, in the period 2019–2020 to:

               1. Deepen the Single Market, improve the business environment, and pursue resilience-enhancing product and services market reforms. Reduce external debt and pursue reforms to boost productivity in euro area Member States with current account deficits and strengthen the conditions that support wage growth respecting the role of social partners and implement measures that foster investment in euro area Member States with large current account surpluses.

               2. Rebuild fiscal buffers in euro area countries with high levels of public debt, support public and private investment and improve the quality and composition of public finances in all countries.

               3. Shift taxes away from labour and strengthen education systems and investment in skills, as well as the effectiveness of active labour market policies that support transitions. Address labour market segmentation and ensure adequate social protection systems  across the euro area.

               4. Make the backstop for the Single Resolution Fund operational, set up a European Deposit Insurance Scheme and strengthen the European regulatory and supervisory framework. Promote orderly deleveraging of large stocks of private debt. Swiftly reduce the level of non-performing loans in the euro area and prevent their build up, including by removing  debt bias in taxation.

               5. Make swift progress on completing the Economic and Monetary Union, also with the perspective to strengthen the international role of the euro, taking into account the Commission proposals, including those concerning the financial sector as well as the Reform Support Programme and the European Investment Stabilisation Function under the proposal for the 2021-2027 Multiannual Financial Framework.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        OJ L 209, 2.8.1997, p. 1.

                     (2)

                        OJ L 306, 23.11.2011, p. 25.

                     (3)

                        European Commission (2018), Alert Mechanism Report 2019.


               EUROPEAN COMMISSION
            Brussels, 8.1.2018
            COM(2018) 1 final
            Recommendation for a
            COUNCIL DECISION
            to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Protocol implementing the Fisheries Partnership Agreement with the Kingdom of Morocco
            {SWD(2018) 1 final}{SWD(2018) 2 final}

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

               The Commission proposes to negotiate a new Protocol implementing the Fisheries Partnership Agreement (hereafter: FPA) with the Kingdom of Morocco that meets the needs of the Union fleet and is in line with Regulation (EU) No1380/2013 on the Common Fisheries Policy and the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.

               •Consistency with existing policy provisions in the policy area

               The current FPA between the European Union and the Kingdom of Morocco entered into force on 28 February 2007
                  1
               . This agreement was implemented by two successive Protocols enabling Union vessels targetting pelagic and demersal species to access the fishing zone of Morocco until 14 December 2011, which marks the termination date of the second implementing Protocol, as a result of the non consent by the Parliament to its conclusion. EP questioned the sustainability, value-for-money and international legality of the proposed instrument. A third Protocol, which took into account EP's concerns, was concluded in 2014
                  2
                and will expire on 14 July 2018.

               Morocco's fishing zones, located close to the EU and rich in fish resources, form an essential fishing ground for both traditional, small-scale fisheries from Spain and Portugal and industrial fleets from more distant Member States. These fishing zones include waters both under Morocco's sovereignty and jurisdiction, i.e. also waters off Western Sahara, where Morocco exercises de facto administration (specific reporting mechanisms have been introduced in the current Protocol to demonstrate its socio-economic benefits for the local populations).

               Overall, the FPA with Morocco allows vessels from 11 Member States to operate in six different fishing categories covering small pelagic, demersal and highly migratory species. The Moroccan fishing zone represents the northern limit of the distribution area of the  small pelagic stock "C" which stretches over Mauritanian, Senegalese and Bissau-guinean waters, all of them included in the network of bilateral Sustainable Fisheries Partnership Agreements (SFPAs).

               SFPAs contribute to promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs strengthen the European Union’s position in international and regional fishing organisations, in particular in the International Commission for the Conservation of Atlantic Tunas (ICCAT). Finally, SFPAs are based on the best available scientific advice and contribute to the improvement of compliance with international measures, including combatting illegal, unreported and unregulated (IUU) fishing.

               Particular attention will be given to the execution and implementation of the financial compensation given to Morocco to support sustainable management of fisheries, in particular in the light of the recommendations of the Special European Court of Auditors Report n.11 of 2015 on SFPAs.

               •Consistency with other Union policies

               Negotiation of a fisheries protocol with the Kingdom of Morocco is in line with the EU’s external action towards neighbouring countries and in conformity with Union objectives regarding the respect of democratic principles and human rights.

               Negotiations will be conducted throughout the whole process in consultation with all interested Commission Services, the EEAS and with the support of the competent EU Delegation.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

               The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five on the Union’s external action, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.

               •Subsidiarity (for non-exclusive competence)

               Not applicable, exclusive competence.

               •Proportionality

               The decision is proportional to the objective seeked.

               •Choice of the instrument

               The instrument is provided for under Article 218(3) and Article 218(4) of the TFEU.

               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               •Ex-post evaluations/fitness checks of existing legislation

               The Commission carried out in 2017 an ex-post / ex-ante evaluation of the opportunity to renew the fisheries Protocol with the Kingdom of Morocco. The conclusions of the evaluation are set out in a separate Staff Working Document
                  3
               .

               The evaluation report concluded that the EU fleets are firmly interested in continuing fishing in Morocco. Renewal of the Protocol will also help strengthen monitoring, control and surveillance and contribute to improved governance of the fisheries in the region. The evaluation demonstrates that a renewal of the Protocol would also be beneficial for Morocco in view of the importance of the financial contribution paid under the Protocol as a contribution to the Moroccan "Halieutis" strategy of development of the fisheries sector. Morocco has expressed its interest in opening negotiations with the EU on a renewed Protocol.

               •Stakeholder consultations

               Interested stakeholders, including industry representatives and civil society organisationshave been consulted as part of the evaluation, in particularin the framework of the Long Distance Advisory Council.

               •Collection and use of expertise

               Not applicable

               •Impact assessment

               Not applicable

               •Regulatory fitness and simplification

               Not applicable

               •Fundamental rights

               The negotiating directives proposed as an annex to the decision recommend to authorise the opening of negotiations including a clause allowing to suspend the Protocol in case of violations of human rights and democratic principles.

               4.BUDGETARY IMPLICATIONS

               The budgetary implications connected with the new Protocol include the payment of a financial contribution to the Kingdom of Morocco. The related budgetary allocations in terms of commitment and payment appropriations need to be included each year in the budget line for Sustainable Fisheries Partnership Agreements (11 03 01) as well as being compatible  with the financial programming of the Multiannual Financial Framework for 2014-2020. The annual amounts for commitments and payments are established in the yearly budgetary procedure including the reserve line for protocols not entered into force in the beginning of the year.
                  4

               Negotiations are expected to be finalised before expiry of the current Protocol, i.e. by 14 July 2018.

               5.OTHER ELEMENTS

               •Implementation plans and monitoring, evaluation and reporting arrangements

               Negotiations are expected to open in early 2018.

               •Detailed explanation of the specific provisions of the proposal

               The Commission recommends that:

               - The Council should authorise the Commission to open and conduct negotiations for the conclusion of a new Protocol to the Fisheries Partnership Agreement with the Kingdom of Morocco;

               - The Commission should be nominated as the EU negotiator on this subject;

               - The Commission should conduct the negotiations in consultation with the special committee, as set out in the Treaty on the Functioning of the European Union;

               - The Council should approve the negotiating directives annexed to this recommendation.

               Recommendation for a

               COUNCIL DECISION

               to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Protocol implementing the Fisheries Partnership Agreement with the Kingdom of Morocco

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218 paragraphs 3 and 4,

               Having regard to the recommendation from the Commission,

               Whereas negotiations should be opened with a view to concluding a new Protocol implementing the Fisheries Partnership Agreement with the Kingdom of Morocco,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is authorised to negotiate, on behalf of the European Union, with a view to renewing a Protocol implementing the Fisheries Partnership Agreement with the Kingdom of Morocco.

                Article 2

               These negotiations shall be conducted in consultation with the special committee designated by the Council and in accordance with the negotiating directives set out in the Annex.

               Article 3

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        OJ L 78 of 17.3.2007, p. 31

                     (2)

                        OJ L 349 of 21.12.2013, p. 1

                     (3)

                        Evaluation rétrospective et prospective du Protocole à l'accord de partenariat dans le domaine de la pêche durable entre l'Union européenne et le Royaume du Maroc. Final report, september 2017 (F&S, Poseidon and Megapesca).

                     (4)

                        Chapter 40 (reserve line 40 02 41) in line with the MFF interinstitutional agreement ((2013/C 373/01).

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,8.1.2018
            COM(2018) 1 final
            ANNEX
            to the
            Recommendation
            for a Council decision to authorise the Commission to open negotiations on behalf of the European Union for the renewal of the Protocol to the Fisheries Partnership Agreement with the Kingdom of Morocco
            {SWD(2018) 1 final}{SWD(2018) 2 final}

               ANNEX

               Negotiation directives

               –The objective of the negotiations is the conclusion of a Protocol to the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco in line with Regulation (EU) N° 1380/2013 on the Common Fisheries Policy and with the Council Conclusions of 19 March 2012 on the Commission Communication of 13 July 2011 on the external dimension of the Common Fisheries Policy.

               –To promote sustainable and responsible fishing as well as contributing to the strict observance of international law, while ensuring mutual benefits for the EU and Morocco through this new Protocol, the Commission's negotiation objectives shall be based on the following:

               ·Ensuring access to the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco as regards fishing – i.e., including waters south of 27°40' N - and the necessary authorisations for vessels of the EU fleet targeting small pelagic, demersal and highly migratory species to fish in those waters, thereby inter alia maintaining the network of Sustainable Fisheries Partnership Agreements available to EU operators;

               ·Taking into account the best available scientific advice and relevant management plans adopted by the relevant Regional Fisheries Management Organisations (RFMO), in order to ensure the environmental sustainability of fishing activities and to promote ocean governance at the international scale. The fishing activities should be directed exclusively at available resources, taking into account the local fleet's fishing capacity, while paying special attention to the straddling or highly migratory nature of the stocks concerned;

               ·Seeking an appropriate share of the fisheries resources, fully commensurate with the EU fleets' interests, when they also interest other foreign fleets as well as the application of the same technical conditions to all foreign fleets;

               ·Ensuring that access to fisheries is based on the activity of the EU fleet in the region, in the light of the most updated and best available scientific assessments;

               ·Establishing a dialogue to reinforce the sectoral policy with a view to encouraging the implementation of a responsible fisheries policy, in connection with the country's development objectives, in particular as regards the fisheries governance, the fight against illegal, unreported and unregulated fishing, control, monitoring and surveillance of fishing activities and provision of scientific advice.

               ·Including a clause on the consequences of violations of human rights and democratic principles;

               ·Including appropriate mechanisms to ensure that the Commission is sufficiently informed and involved on the geographic distribution of the usage of the sectoral support received under the Protocol, in order to allow the Commission to reasonably ensure that the Protocol benefits to the people of the non-self-governing territory of the Western Sahara;

               ·In particular, the Protocol should define:

               ·the fishing opportunities, by category, to be granted to European Union vessels;

               ·the financial compensation and the conditions for its payment; and

               ·the mechanisms for an effective implementation of sectoral support and its regular monitoring.

               –In order to avoid interruption of fishing activities, the new Protocol should include a clause of provisional application.


               EUROPEAN COMMISSION
            Brussels, 20.11.2017
            COM(2017) 670 final
            Recommendation for a
            COUNCIL DECISION
            authorising the Commission to open negotiations with the Swiss Confederation on an agreement laying down the terms and conditions for the participation of the Swiss Confederation in the European GNSS Agency

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE RECOMMENDATION

               •Reasons for and objectives of the recommendation

               The European GNSS Agency (“the Agency”) is set up by Regulation (EU) 912/2010
                  1
               . It is tasked with significant security and marketing tasks relating to the European GNSS programmes - Galileo and EGNOS - and it is also entrusted by the European Commission with programme management tasks relating to the exploitation of the programmes.

               The Agency is open to third countries participation through the conclusion of an international agreement between the Union and the concerned country. Norway is the first non-EU country that already participates in the Agency.

               Switzerland has been a long standing partner and contributor to the European GNSS Programmes EGNOS and Galileo since the 1990s through its membership in the European Space Agency (ESA). Swiss industry has specific, sometimes exclusive, technical know-how in certain sectors of satellite navigation technology. Switzerland is hosting an EGNOS ground station.

               Following the re-profiling of the EU GNSS Programmes in 2008, the cooperation on satellite navigation between the EU and Switzerland is based on the Cooperation Agreement between the EU, its Member States and Switzerland on European Satellite Navigation Programmes, hereafter ‘the GNSS Cooperation Agreement’, signed in 2013 and provisionally applied since 1 January 2014
                  2
               .

               Article 16 of the GNSS Cooperation Agreement stipulates that: ’Switzerland shall have the right to participate in the European GNSS Agency under the conditions to be laid down in an agreement between the European Union and Switzerland. Those negotiations shall start as soon as a request to this effect is submitted by Switzerland and the necessary procedures on the side of the European Union have been completed.’

               Switzerland submitted its request to participate in the Agency by letter on 20 May 2014.

               Consequently, this document contains a recommendation to open negotiations with Switzerland to establish an agreement laying down the terms and conditions for the participation of Switzerland in the Agency.

               Such participation is expected to further strengthen the long standing EU-Swiss partnership in the area of satellite navigation.

               For the period 2014-2017 Switzerland has financially contributed to the European GNSS programmes with approximately € 240 million.

               •Consistency with existing policy provisions in the policy area

               Article 23 of Regulation (EU) N°912/2010 of the European Parliament and of the Council setting up the Agency
                  3
                stipulates that: ‘The Agency shall be open to participation of third countries and international organisations. Such participation and the conditions thereof shall be established in an agreement between the Union and that third country or international organisation, in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union.’

               Article 16 of the GNSS Cooperation Agreement stipulates that: ‘Switzerland shall have the right to participate in the European GNSS Agency under the conditions to be laid down in an agreement between the European Union and Switzerland.’

               •Consistency with other Union policies

               The European Global Navigation Satellite Systems (“GNSS”) are important elements in the European Union's policy to ensure the full integration of land, sea and air transport infrastructure for safe, seamless, economic and environmentally friendly navigation. It is part of the European GNSS international strategy to promote cooperation agreements on satellite navigation with a number of countries including Switzerland.

               The recommended negotiating directives aim to allow Switzerland, a key partner of the European GNSS Programmes, to participate in the Agency. This involves extending to Switzerland a set of rights and obligations applicable for this participation in the Agency.

               The recommendation does not foresee conferring ownership or decision-making rights to Switzerland.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

               Article 218(3) and Article 218(4) of the Treaty on the Functioning of the European Union.

               •Subsidiarity (for non-exclusive competence)

               The objectives of the proposal cannot be sufficiently achieved by the Member States. The Agency is a Union body set up by Union law and therefore participation of third countries in the Agency cannot be authorised by any single Member State. It should instead be regulated through an international agreement entered into by the Union. The agreement is limited to topics that are necessary to allow the Swiss participation in the Agency.

               •Proportionality

               N/A

               •Choice of the instrument

               An international agreement is the sole instrument which ensures EU-wide coherence and legal certainty in the relation with Switzerland regarding its participation in the Agency. The Treaty does not provide other viable options for regulating the relationship with a third country.

               In addition the international agreement is also required under article 23 of Regulation (EU) N°912/2010.

               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               •Ex-post evaluations/fitness checks of existing legislation

               N/A.

               •Stakeholder consultations

               The Commission consulted the EU Member States on this initiative. It has been acknowledged that such initiative is beneficial for the Union and the in particular for the further implementation of the European GNSS programmes and the functioning of the Agency.

               •Collection and use of expertise

               N/A

               •Impact assessment

               N/A

               •Regulatory fitness and simplification

               N/A

               •Fundamental rights

               N/A

               4.BUDGETARY IMPLICATIONS

               Switzerland should contribute financially to the budget of the Agency to cover the full costs relating to its participation to the works of the Agency.

               For the Union budget there will thus be no financial implication.

               5.OTHER ELEMENTS

               •Implementation plans and monitoring, evaluation and reporting arrangements

               N/A

               •Explanatory documents (for directives)

               N/A

               •Detailed explanation of the specific provisions of the proposal

               The European Commission and Switzerland have discussed ways of formalising the Swiss participation in the Agency on various occasions over the last years.

               As a result of the conclusion of the GNSS Cooperation Agreement Switzerland is allowed to participate in the European GNSS programmes committee as an observer without the right to vote.

               The envisaged agreement should not allow Switzerland to participate in Public Regulated Service (PRS) -relevant fora, working groups or discussions.

               Finally, the agreement should include a mechanism to allow a flexible adaption to new developments such as any future EU legislation relating to the Agency .

               Recommendation for a

               COUNCIL DECISION

               authorising the Commission to open negotiations with the Swiss Confederation on an agreement laying down the terms and conditions for the participation of the Swiss Confederation in the European GNSS Agency

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on Functioning of the European Union, and in particular Article 218 (3) and (4) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas negotiations should be opened with a view to concluding an agreement with the Swiss Confederation  laying down the terms and conditions for the participation of the Swiss Confederation in the European GNSS Agency.

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, an international agreement with the Swiss Confederation on the terms and conditions for the participation of the Swiss Confederation in the European GNSS Agency.

               Article 2

               The negotiating directives are set out in the Annex.

               Article 3

               The negotiations shall be conducted in consultation with the [to be added by the Council: name of the Committee composed of the representatives of the Member States].

               Article 4

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council, OJ L 276, 20.10.2010, p.11

                     (2)

                        OJ L 15 of 20 January 2014, p.1

                     (3)

                        Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council, OJ L 276, 20.10.2010, p.11

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,20.11.2017
            COM(2017) 670 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            authorising the Commission to open negotiations with the Swiss Confederation on an agreement laying down the terms and conditions for the participation of the Swiss Confederation in the European GNSS Agency

               ANNEX

               IPURPOSE OF THE NEGOTIATIONS

               The purpose of the negotiations is to define the terms and conditions under which Switzerland can participate in the European GNSS Agency (the Agency).

               IISCOPE OF THE AGREEMENT

               This Agreement should include, as far as possible, the following elements relating to the participation in the Agency:

               (1)The conditions for Switzerland’s participation in the Agency;

               (2)Switzerland’s financial contribution to the Agency;

               (3)The conditions of the participation of Swiss representatives in the Agency’s Administrative Board, as observers without voting rights;

               (4)The conditions under which it should be possible to engage Swiss nationals as Agency staff (under contract);

               (5)The application of the provisions relating to financial control by the EU;

               (6)The duration of Switzerland’s participation in the Agency;

               (7)The agreement should be in line with the relevant EU legislation, including  Regulation (EU) N°1285/2013 of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the Council of 11 December 2013, and with Regulation (EU) No 912/2010
                  1
                of the European Parliament and of the Council setting up the European GNSS Agency;

               (8)Application of the Protocol on Privileges and Immunities of the Union in Switzerland.

               IIIEVOLUTION

               A simplified procedure permitting the technical adaptation of the Agreement in the light of changing circumstances should  be included in the Agreement. This may involve creating a committee to oversee the implementation of the Agreement and to assess and decide on a need to amend the Agreement.

               IVDISPUTE SETTLEMENT AND RENUNCIATION OF THE AGREEMENT

               The Agreement should also provide for a dispute settlement mechanism. It should also include provisions allowing the Parties, if necessary, to terminate the Agreement.

                     (1)

                        OJ L 276 of 20 October 2010, p.11


               EUROPEAN COMMISSION
            Brussels,17.7.2018
            COM(2018) 541 final
            Recommendation for a
            COUNCIL DECISION
            to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with the Republic of The Gambia

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

               The Commission proposes to negotiate a Sustainable Fisheries Partnership Agreement with the Republic of The Gambia that meets the needs of the Union fleet and is in line with Regulation (EU) No1380/2013 on the Common Fisheries Policy and the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.

               •Consistency with existing provisions in the policy area

               There is an agreement between the European Union and the Republic of The Gambia dating back to 1987, when the two parties concluded a fisheries agreement approved by Council Regulation (EEC) No 1580/87 of 2 June 1987 concerning the conclusion of the Agreement between the European Economic Community and the Government of the Republic of The Gambia on fishing off The Gambia. This agreement was implemented by three successive protocols enabling Union vessels to access the fishing zone of The Gambia until June 1996, which marks the expiry date of the last implementing protocol. Since that date the agreement is deemed dormant.

               The European Union already has a well developed network of bilateral SFPAs in western and central Africa, namely with Morocco, Mauritania, Senegal, Cabo Verde, Liberia, Ivory Coast and São Tomé and Principe.

               SFPAs contribute to promote the objective of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs foster scientific cooperation between the EU and its partner, promote transparency and sustainability for a better mamagement of fishing resources and encourage governance by supporting monitoring, control and surveillance of national and foreign fleets' activities while at the same time providing funding to fight against illegal, unreported and unregulated (IUU) fishing to contribute to the sustainable development of the local fishing industry.

               SFPAs strengthen the European Union’s position as a member of the International Commission for the Conservation of Atlantic Tunas (ICCAT), the body set up under international law for conserving and managing highly migratory species in the region.

               •Consistency with other EU policies

               The negotiations on a SFPA and protocol with the Republic of The Gambia are in line with the EU’s external action towards African, Caribean and Pacific (ACP) countries.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

               The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five on the Union’s external action, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.

               •Subsidiarity (for non-exclusive competence)

               Not applicable, exclusive competence.

               •Proportionality

               The decision is proportional to the objective seeked.

               •Choice of the instrument

               The instrument is provided for under Article 218(3) and Article 218(4) of the TFEU.

               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               •Ex-post evaluation/fitness check of existing legislation

               The Commission carried out in 2017 an ex-ante evaluation of a possible SFPA with the Republic of The Gambia. The evaluation report concluded that the EU fishing sectors are firmly interested in fishing in The Gambia as part of their regional strategy and that an SFPA with The Gambia would help strengthen monitoring, control and surveillance and contribute to improved governance of the fisheries in the region. The Gambia has expressed its interest in opening negotiations with the EU on a possible SFPA.

               •Stakeholder consultations

               Consultations will take place in the framework of the Long Distance Advisory Council. Ad hoc meetings with Member States, industry representatives, and possibly NGOs are also envisaged.

               •Collection and use of expertise

               Not applicable

               •Impact assessment

               Not applicable

               •Regulatory fitness and simplification

               Not applicable

               •Fundamental rights

               The negotiating directives proposed as an annex to the decision recommend to authorise the opening of negotiations including a clause allowing to suspend the Agreement and protocol in case of violations of human rights and democratic principles.

               4.BUDGETARY IMPLICATIONS

               The budgetary implications connected with the new SFPA and protocol will require the payment of a financial contribution to the Republic of The Gambia that is compatible with the Multiannual Financial Framework for 2014-2020, and in particular allocations to the budget line for Sustainable Fisheries Partnership Agreements. The annual amounts for commitments and payments are established in the yearly budgetary procedure, including the reserve line for protocols not entered into force in the beginning of the year.
                  1

               5.OTHER ELEMENTS

               •Implementation plans and monitoring, evaluation and reporting arrangements

               Negotiations are expected to open in the 3rd or 4th quarter of 2018.

               •Detailed explanation of the specific provisions of the proposal

               The Commission recommends that:

               - The Council should authorise the Commission to open and conduct negotiations for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with the Republic of The Gambia;

               - The Commission should be nominated as the EU negotiator on this subject;

               - The Commission should conduct the negotiations in consultation with the special committee, as set out in the Treaty on the Functioning of the European Union;

               - The Council should approve the negotiating directives annexed to this recommendation.

               Recommendation for a

               COUNCIL DECISION

               to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with the Republic of The Gambia

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218 paragraphs 3 and 4,

               Having regard to the recommendation from the Commission,

               Whereas negotiations should be opened with a view to concluding a Sustainable Fisheries Partnership Agreement and protocol with the Republic of The Gambia,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is authorised to negotiate, on behalf of the European Union, with a view to concluding a Sustainable Fisheries Partnership Agreement and protocol with the Republic of The Gambia.

               Article 2

               These negotiations shall be conducted in consultation with the special committee designated by the Council and in accordance with the negotiating directives set out in the Annex.

               Article 3

               This Decision is addressed to the Commission

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        Chapter 40 (reserve line 40 02 41) in line with the MFF interinstitutional agreement ((2013/C 373/01).

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,17.7.2018
            COM(2018) 541 final
            ANNEX
            to the
            Recommendation
            for a Council decision to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with the Republic of The Gambia

               ANNEX

               Negotiation directives

               –The objective of the negotiations is the conclusion of a Sustainable Fisheries Partnership Agreement and protocol between the European Union and the Republic of The Gambia in line with Regulation (EU) N° 1380/2013 on the Common Fisheries Policy and with the Council Conclusions of 19 March 2012 on the Commission Communication of 13 July 2011 on the external dimension of the Common Fisheries Policy.

               –The Fisheries Partnership Agreement should therefore define the general framework, general principles and objectives that will form the basis for the partnership with The Gambia. It should contain a clause repealing the current Agreement between the Government of the Republic of The Gambia and the European Economic Community on fishing off the Gambia
                  1
               .

               –To promote sustainable and responsible fishing while ensuring mutual benefits for the EU and The Gambia through this new Agreement and protocol, the Commission's negotiation objectives shall be based on the following:

               ·Ensuring access to the Republic of The Gambia's exclusive economic zone (EEZ) and the necessary authorisations for vessels of the EU fleet to fish in that EEZ, thereby inter alia developing the network of Sustainable Fisheries Partnership Agreements available to EU operators;

               ·Taking into account the best available scientific advice and relevant management plans adopted by Regional Fisheries Management Organisations (RFMO), in order to ensure the environmental sustainability of fishing activities and to promote ocean governance at the international scale. The fishing activities should be directed exclusively at available resources, taking into account the local fleet's fishing capacity, while paying special attention to the highly migratory nature of the stocks concerned;

               ·Seeking an appropriate share of the fisheries resources, fully commensurate with the EU fleets' interests, when they also interest other foreign fleets;

               ·Ensuring that access to fisheries is based on the activity of the EU fleet in the region, in the light of the most updated and best available scientific assessments;

               ·Establishing a dialogue to reinforce the sectoral policy with a view to encouraging the implementation of a responsible fisheries policy, in connection with the country's development objectives, in particular as regards the fisheries governance, the fight against illegal, unreported and unregulated fishing, control, monitoring and surveillance of fishing activities and provision of scientific advice; and fostering economic activity contributing to inter alia addressing the causes of emigration from The Gambia.

               ·Including a clause on the consequences of violations of human rights and democratic principles;

               –In particular, the protocol should define:

               ·the fishing opportunities, by category, to be granted to European Union vessels;

               ·the financial compensation and the conditions for its payment; and

               ·the mechanisms for implementing sectoral support.

                     (1)

                        Council Regulation (EEC) No 1580/87 of 2 June 1987 (OJ L 146, 6.6.1987).


               EUROPEAN COMMISSION
            Brussels, 27.11.2018
            COM(2018) 765 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations of an agreement amending the existing tariff rate quota for poultry meat and poultry meat preparations and amending the existing tariff regime for other poultry cuts, set out in Annex I-A to Chapter 1 of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

               The Association Agreement
                  1
                (Agreement), including a Deep and Comprehensive Free Trade Area, between the European Union (EU) and its Member States, of the one part, and Ukraine, of the other part, has applied provisionally since 1 January 2016 and fully entered into force on 1 September 2017. The Agreement, amongst others, lays down preferential terms for bilateral trade in goods.

                  From mid-2016, using the preferences under the Agreement, a new type of poultry cut started to be imported from Ukraine to the EU in increasing quantities
                     2
                  . This novel cut consists of a traditional breast cap with the humerus bones of the wings attached, the latter making up for a very small part of the total weight of the cut. After a minimal transformation, this cut can be marketed in the EU as poultry breast. The cut is mainly imported under tariff line CN 0207 13 70 ("other cuts fresh") and some minor quantities entered the EU under tariff line CN 0207 14 70 (“other cuts frozen”). Under the Agreement, imports under those two tariff lines can enter the EU market at zero duty and without any quantitative restrictions.

                  It should be highlighted that traditional cuts of poultry breast (CN 0207 13 50 or CN 0207 14 50) are subject to a quantitatively limited tariff rate quota (TRQ) at zero duty (currently at 17.600 tons, increasing to 20.000 tons by 2021)
                     3
                   beyond which the Most Favoured Nation tariffs apply.

                  The rapid increase in duty free imports of this particular poultry cut, which was neither existent nor foreseeable during the negotiations of the Agreement, undermines the protection provided for poultry breast under the Agreement and has the potential to disrupt the delicate balance in the poultry meat market of the EU.

                  The objective of the proposal is to authorise the opening of negotiation for an amendment to the Agreement in order to better frame imports into the EU of poultry meat from Ukraine while ensuring the intended protection of EU producers.

                  To that effect, the envisaged amendment would consist in integrating the two tariff lines CN 0207 13 70 and 0207 14 70 into the existing tariff rate quota of currently 17 600 tons and increasing to 20 000 tons in 2021 (Order Number 09.4273) while the size of the quota would be reviewed. Imports under tariff lines CN 0207 13 70 and 0207 14 70 exceeding the quota would then become subject to Most Favoured Nation duty rates.

                  For establishing the new size of the quota/s, it is appropriate to consider the volume of imports into the EU from Ukraine of poultry products under the two tariff lines CN 0207 13 70 and 0207 14 70 between July 2017 and June 2018 and to take account of the likely increase in trade.

               •Consistency with existing policy provisions in the policy area

                  The aim is to establish a stable and predictable trading environment for poultry meat under the Agreement and to ensure reasonable and measured increase in trade with Ukraine. This is consistent with the objective of free and fair trade mentioned in Article 3(5) of the Treaty on European Union as well as with the objective of harmonious development of world trade mentioned in Article 206 of the Treaty on the Functioning of the European Union (TFEU).

               •Consistency with other Union policies

                  The objectives described above are consistent with the Common Agricultural Policy, and in particular with its objectives under Article 39 of the TFEU which include market stabilisation.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

                  Article 207 in conjunction with 218(4) of the Treaty on the Functioning of the European Union (TFEU).

               •Subsidiarity (for non-exclusive competence)

                  According to Article 5(3) of the TEU, the subsidiarity principle does not apply in areas of exclusive EU competence. The common commercial policy is listed among the areas of exclusive competence of the Union in Article 3 of the TFEU. This policy includes the negotiation of trade agreements pursuant to, inter alia, Article 207 TFEU.

               •Proportionality

                  This proposal is in line with the principle of proportionality. Indeed, an amendment to the tariff rates and tariff rate quota concessions for poultry meat and poultry meat preparations in the Agreement is the only way to a reach a solution to the problem highlighted above and therefore achieve the objective of this proposal.

               •Choice of the instrument

                  Decision of the Council of the European Union.

               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               •Ex-post evaluations/fitness checks of existing legislation

                  Not applicable

               •Stakeholder consultations

                  The Commission has been informed by various stakeholders notably the European Poultry meat sector of their concern about imports into the Union of this novel poultry cut, consisting mainly of poultry breast from Ukraine. The Commission has closely monitored imports of poultry meat from Ukraine and thoroughly analysed stakeholders’ claims on this particular issue.

               •Collection and use of expertise

                  The Commission has been in contact with various interested parties who provided their views on specific market access concerns in relation to duty free poultry meat imports from Ukraine.

               •Impact assessment

               The proposal is not supported by an Impact Assessment.

               As explained under section “Reasons for and objectives of the proposal” imports of duty free novel cuts are increasing rapidly. As such imports are not subject to quantitative restrictions they have the potential, if their trade regime remains unchanged, to undermine the protection provided for poultry breast in the form of TRQs under the Agreement and consequently to disrupt the delicate balance in the poultry meat market of the EU. It is therefore urgent to find a solution to this situation. The Commission has received numerous written questions from Members of the European Parliament and the European poultry meat sector asking for action in order to find a solution.

               The value of imports into the EU under the two tariff lines CN 0207 13 70 and 0207 14 70 in the last full calendar years 2016 and 2017 reached a combined import value of 43.9 million Euros. This is 23.9% of total EU poultry meat imports from Ukraine in 2016 and 2017 and represents 1.1% of total EU poultry meat imports from all third countries in those two calendar years.

                  The proposed measure will consolidate the current duty free imports under tariff lines CN Codes 0207 13 70 and 0207 14 70 “other cuts fresh or frozen” into the existing tariff rate quota for poultry imports from Ukraine. That means that the proposed measure would stabilise existing EU imports of poultry meat from Ukraine and no further consequences in bilateral trade are anticipated from this measure.

                  The time period during which the relevant imports grew from Ukraine coincided with reduced imports from one of the main third country poultry meat suppliers, Brazil, for reasons mainly linked to food safety. Under this very specific conjuncture, balance could be preserved on the EU market.

                  However, the already considerable and growing capacity to produce poultry in Ukraine will likely lead to further significant increases of imports into the EU, should duty free access for the “other cuts fresh or frozen” tariff lines be kept under the Agreement. Without reintroducing a duty on these tariff lines, the Ukrainian poultry sector would continue to enjoy unlimited access to the EU poultry breast market. This risks destabilising prices and disrupting the production/import balance in EU's poultry meat market.

                  •
                        Regulatory fitness and simplification

               Not relevant.

               •Fundamental rights

                  The proposal will not have any consequences for the protection of fundamental rights.

               4.BUDGETARY IMPLICATIONS

                  The proposed measure should have no impact on the budget of the EU in the form of foregone customs duties as a consequence of the introduction of an increased tariff rate quota for poultry meat. The size of the quota increase should indeed correspond largely to the annual import of poultry meat that currently enter the Union free of customs duties.

               5.OTHER ELEMENTS

               •Implementation plans and monitoring, evaluation and reporting arrangements

                  The Commission monitors closely imports of poultry meat from third countries. As a result of this monitoring the Commission detected, in time, the imports of this novel cut of duty free poultry meat. Imports of poultry meat will continue to be closely monitored by the Commission.

               •Explanatory documents (for directives)

                  Not applicable

               •Detailed explanation of the specific provisions of the proposal

                  The proposal relates to the authorisation to be given by the Council for the Commission to negotiate for the EU an amendment to the Agreement.

                  In accordance with Article 207 TFEU, it is suggested that the Council of the European Union designates the Trade Policy Committee as the committee in consultation with which the negotiations must be conducted.

                  The European Parliament will be informed at all stages of the procedure, in line with Article 218(10) TFEU.

                  The Commission recommends that the negotiating directives be made public immediately after their adoption.

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations of an agreement amending the existing tariff rate quota for poultry meat and poultry meat preparations and amending the existing tariff regime for other poultry cuts, set out in Annex I-A to Chapter 1 of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(4).

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)The Association Agreement
                  4
                between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part ('the Agreement') has applied provisionally since of 1 January 2016 and entered into force on 1 September 2017.

               (2)From mid-2016 imports from Ukraine into the EU of a new type of poultry cut under CN 0207 13 70 ("other cuts fresh") and CN 0207 14 70 (“other cuts frozen”) have began. These import have risen sharply and reached 25.000 tons in the first six months of 2018. Under the Agreement, these import can enter the EU market at zero duty without any quantitative limits.

               (3)The new type of poultry cut consists of a traditional breast cap with the humerus bones of the wings attached and can after minimal transformation in the Union be marketed in the Union as poultry breast. Unlimited imports of these cuts therefore risk undermining the conditions under which traditional poultry breast cuts may be imported in the Union under the Agreement, in particular the quantitative restrictions in the form of a tariff rate quota.

               (4)Negotiations should therefore be opened with a view to concluding an agreement amending the Association Agreement with Ukraine as regards the tariff regime and tariff rate quota for poultry meat and poultry meat preparations,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is authorised to negotiate on behalf of the Union an amendment to the tariff schedule of the EU for the two tariff lines CN 0207 13 70 and CN 0207 14 70 “other cuts fresh or frozen” of Annex I-A to Chapter 1 and to the tariff rate quota for poultry meat and poultry meat preparations of Appendix to Annex I-A to Association Agreement.

               Article 2

               The negotiating directives are set out in the annex.

               Article 3

               The negotiations shall be conducted in consultation with the [….].

               Article 4

               This Decision and its annex will be made public immediately after their adoption.

               Article 5

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        OJ L 161, 29.5.2014, p. 3.

                     (2)

                        In the first six months of 2018 imports of this cut reached provisionally 25.000 tons.

                     (3)

                        See Commission Implementing Regulation (EU) 2015/2078 of 18 November 2015 (OJ L 302, 19.11.2015, p. 63).

                     (4)

                        OJ L 161, 29.5.2014, p. 3.

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels, 27.11.2018
            COM(2018) 765 final
            ANNEX
            to the
            Recommendation for a Council Decision
            authorising the opening of negotiations of an agreement amending the existing tariff rate quota for poultry meat and poultry meat preparations and amending the existing tariff regime for other poultry cuts, set out in Annex I-A to Chapter 1 of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part

               ANNEX

               (1)The Commission should open negotiations with Ukraine for an amendment to the Association Agreement with the objective to ensure that imports of poultry meat from Ukraine into the Union takes place under conditions that ensure adequate protection of EU producers.

               (2)To achieve this, the Commission should conduct the negotiations with a view to obtaining the following amendments to the Association Agreement:

               –The inclusion of the two tariff lines CN Code 0207 13 70 and 0207 14 70 “other cuts fresh or frozen” in the current tariff rate quota (order number 09.4273) for poultry meat opened by the Union in favour of Ukraine.

               –A consequential increase of the volume of the tariff rate quota (order number 09.4273) for poultry meat opened by the Union in favour of Ukraine and,

               –The reinstatement of the Most Favoured Nation (MFN) duty of 100,8 €/100kg/net for tariff lines 0207 1370 and 0207 14 70 for imports from Ukraine in excess of the tariff rate quota for poultry meat (order number 09.4273)

               (3)The Commission shall report to the Council on the outcome of the negotiations and, where appropriate, on any problem that may arise during the negotiations.


               EUROPEAN COMMISSION
            Brussels, 13.9.2013
            COM(2013) 628 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations on a comprehensive agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020; and regulating Switzerland's participation in the ITER project in the years 2014-2020

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               By letter of 7 March 2011 the Swiss Confederation (hereafter 'Switzerland') expressed its interest in association.

               Switzerland appears to fulfill the criteria for association outlined respectively in Article 7 of the proposal for a Regulation of the European Parliament and of the Council establishing Horizon 2020 – the Framework Programme for Research and Innovation '2014-2020)
                  1
                and in Article 5 of the proposal for a Council Regulation on the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020 – the Framework Programme for Research and Innovation
                  2
               .

               Switzerland has been associated to the EU Framework Programmes for Scientific and Technological Development since 2004. The Swiss association to the EU Framework Programmes has been beneficial to the EU, as it increased research cooperation between European Union and Swiss entities particularly in areas of information and communication technologies, health and nanosciences. Switzerland is also an active and financially contributing partner within Article 185 initiatives. With its very good laboratories and institutes in fission and fusion Switzerland is regarded as an excellent and well-positioned partner in Euratom research.

               Most recently Switzerland has been associated to the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) on the basis of the Agreement on scientific and technological cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part
                  3
               .

               Switzerland is the only third country associated to the whole Euratom research programme. It has been associated to the fusion thematic area of the Euratom framework programmes already since 1979 on the basis of the Cooperation Agreement between the European Atomic Energy Community and the Swiss Confederation in the field of controlled thermonuclear fusion and plasma physics of 1978
                  4
               . This Agreement, in accordance with its Article 19 paragraph 2, is tacitly extended in keeping with subsequent programme decisions taken by Euratom.

               Swiss association to the fission part of the Euratom framework programme and the nuclear activities of the Joint Research Centre is governed on the basis of the Agreement on scientific and technological cooperation between the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) which entered into force on 12 December 2012 and will continue to apply till 31 December 2013.

               The new agreement between the European Union and the European Atomic Energy Community, of the one part, and Switzerland, of the other part, should bring under one umbrella and regulate comprehensively the terms and conditions of the Swiss association to Horizon 2020 and the Euratom Research and Training Programme complementing Horizon 2020; and the Swiss participation in the ITER project during the years 2014-2020. Consequently, it should succeed and replace the 1978 Fusion Cooperation Agreement. There are multiple reasons for doing this.

               The current system of multiple agreements associating Switzerland to the EU and Euratom Framework Programmes is not transparent. The Swiss association to the Euratom Framework Programme which is split between two different agreements could potentially lead to a situation where Switzerland would be associated only to part of the Euratom Framework Programme.

               The terminology contained in the 1978 Fusion Cooperation Agreement is outdated and no longer corresponds to the funding instruments proposed by the Commission in the proposal for a Council Regulation on the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing Horizon 2020
                  5
               .

               Under the Fusion Cooperation Agreement Switzerland benefits from a more preferential financial formula for contributions to the Fusion activities under the Euratom Programme than that applied to the rest of the Euratom Programme or the EU Framework Programme. Such a preferential formula is granted to EEA EFTA States in relation to their association to the EU Framework Programme under the Agreement on the European Economic Area. Switzerland chose not to be a member of the European Economic Area. The formula applicable to Swiss contributions under the Fusion Cooperation Agreement was never revisited given that the latter Agreement is tacitly extended for subsequent Euratom Framework Programmes. The terms and conditions of the Swiss association under the Fusion Cooperation Agreement should be renegotiated.

               Therefore, for the purpose of clarity and simplification it is desirable to regulate association of Switzerland to the EU and Euratom Framework Programmes and the ITER project in a single comprehensive agreement.

               In addition to establishing a single formula/mechanism for calculating the Swiss financial contribution to the programmes and ITER, the negotiations of a new agreement provide a possibility to introduce a new mechanism allowing for review after three years of the Agreement's implementation, which would include re-assessment of the financial contribution to the programmes. The aim is to introduce such a review clause in the future for all third countries associated to the framework programmes.

               The new Agreement will not be concluded before the adoption of Horizon 2020, the Euratom Research and Training Programme complementing Horizon 2020 and the funding decision for the ITER project (2014-2020). The new Agreement should allow for provisional application starting from 1 January 2014.

               Nevertheless, the signature of the future Agreement resulting from these negotiations will depend on the satisfactory outcome on the on-going discussions on various outstanding issues in the EU-Switzerland overall relations, in particular on the signature by Switzerland of the Cooperation Agreement on GNSS (Global Navigation Satellite System). Furthermore, the new agreement should provide for its automatic termination in case of termination of the EU-Switzerland Agreement on the Free Movement of Persons and in the absence of Swiss notification required for entry into force of the protocol for the extension of the Agreement on the Free Movement of Persons with Switzerland to Croatia within six months after completion of Swiss internal procedures.

               Although there are other issues in the EU-Switzerland relations, the automatic termination is linked to the Free Movement of Persons Agreement (FMPA) and the protocol extending it to Croatia, since this agreement has the most direct and profound impact on the lives of citizens of the EU Members States.

               2.LEGAL ELEMENTS OF THE PROPOSAL

               The recommendation for a Council decision is based on Article 218 (3) and (4) of the Treaty on the Functioning of the European Union and Article 101 of the Euratom Treaty.

               In the light of the above, the Commission recommends that the Council authorises the Commission to negotiate, in accordance with Article 218(3) and (4) of the Treaty on the Functioning of the European Union and in accordance with Article 101, paragraph 2 of the Euratom Treaty, with the Swiss Confederation a comprehensive agreement for scientific and technological cooperation between the European Union and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, associating the Swiss Confederation to Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020; and regulating Switzerland's participation in the ITER project in the years 2014-2020.

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations on a comprehensive agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020; and regulating Switzerland's participation in the ITER project in the years 2014-2020

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(3) and (4) thereof;

               Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof;

               Having regard to the recommendation from the Commission;

               Whereas negotiations should be opened with a view to concluding a comprehensive agreement on scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020) and the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020; and regulating Switzerland's participation in the ITER project in the years 2014-2020,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate on behalf of the Union and the European Atomic Energy Community a comprehensive agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020; and regulating Switzerland's participation in the ITER project in the years 2014-2020.

               Article 2

               The negotiating directives are set out in the Annex.

               Article 3

               The negotiations shall be conducted in consultation with the [name of the special committee to be inserted by the Council] .

               Article 4

               This decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

               ANNEX

               DIRECTIVES FOR THE NEGOTIATION OF AN AGREEMENT BETWEEN the European Union and the European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020) and the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing the Horizon 2020; and regulating Switzerland's participation in the ITER project in the years 2014-2020.

               1.The agreement should provide for association of the Swiss Confederation to the whole of the Horizon 2020 Framework Programme for Research and Innovation (2014-2020) and the whole Research and Training Programme of Euratom (2014-2018) complementing Horizon 2020 in line with the Regulation of the European Parliament and of the Council laying down the rules for the participation and dissemination in 'Horizon 2020' and Euratom Framework Programme (2014-2018). The Agreement should also regulate participation of the Swiss Confederation in the ITER Project in the years 2014-2020. The new comprehensive Agreement should succeed and replace the 1978 Fusion Cooperation Agreement.

               2.In order to allow the Swiss Confederation to participate, as soon as possible, in the EU and the whole Euratom Framework Programme as well as the ITER project as an associated country, the Agreement should provide for provisional application as of 1 January 2014.

               3.The Commission should strive to include into the new Agreement uniform rules applicable to calculating the Swiss financial contribution to the EU and Euratom Programmes and the ITER project. The new Agreement should contain a clause allowing for a review of its implementation which would include re-assessment of the Swiss financial contribution to the programmes.

               4.The Agreement should provide for adequate protection of the financial interests of the EU and Euratom covering the communication of financial data, audits and administrative anti-fraud on-the-spot investigations, administrative assistance and the recovery of money. Insofar as necessary, the Agreement should also envisage elimination of obstacles in relation to taxation and social security resulting from the cross-border participation of researchers in research projects under the Agreement, in particular for the personnel of the Joint Research Centre governed by the staff regulations of the European Union.

               5.The Agreement should provide for its automatic termination in case of termination of the EU-Switzerland Agreement on the Free Movement of Persons.

               6.The Agreement should cease to apply in the absence of Swiss notification required for entry into force of the protocol for the extension of the Agreement on the Free Movement of Persons with Switzerland to Croatia within six months after completion of Swiss internal procedures.

                     (1)

                        COM(2011)809/3

                     (2)

                        COM(2011)812/3

                     (3)

                        OJ L 189 20/07/2007, p.26.

                     (4)

                        OJ L 242 04/09/1978, p.2.

                     (5)

                        COM(2011)812/3