Rådsmøde nr. 3410 (konkurrenceevne – indre marked- og industridelen) den 1. oktober 2015

Europaudvalget 2015-16
Rådsmøde 3410 - konkurrenceevne
Offentligt

Council of the

European Union

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(OR. en)

PRESSE 55

PR CO 47

OUTCOME OF THE COUNCIL MEETING

3410th Council meeting

Competitiveness (Internal Market, Industry, Research and Space)

Luxembourg, 1 October 2015

President

Etienne Schneider

Deputy Prime Minister, Minister for Economic Affairs,

Internal Security and Defence, of Luxembourg

PRESS

Rue de la Loi 175 B – 1048 BRUSSELS Tel.: +32 (0)2 281 6319 Fax: +32 (0)2 281 8026

[email protected] http://www.consilium.europa.eu/press

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CONTENTS

ITEMS DEBATED

ITEMS DEBATED .............................................................................................................................. 5

INTERNAL MARKET AND INDUSTRY ......................................................................................... 5

Competitiveness "check-up": mainstreaming of competitiveness across all EU policies ................... 5

ANY OTHER BUSINESS ................................................................................................................... 7

–

Unitary patent protection system ............................................................................................................................. 7

Accounting directive ............................................................................................................................................... 7

EU-ESA (European Space Agency) ministerial meeting ........................................................................................ 8

Emissions Trading System ...................................................................................................................................... 8

Automotive sector ................................................................................................................................................... 8

OTHER ITEMS APPROVED

FOREIGN POLICY

–

Restrictive measures in view of Russia's actions destabilising the situation in Ukraine ....................................... 10

Restrictive measures in view of the situation in Burundi ...................................................................................... 10

ENLARGEMENT

–

EU-former Yugoslav Republic of Macedonia - Stabilisation and Association agreement .................................... 10



Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated

in the heading for the item concerned and the text is placed between quotation marks.

 

Documents for which references are given in the text are available on the Council's Internet site

(http://www.consilium.europa.eu).

 

Acts adopted with statements for the Council minutes which may be released to the public are indicated by

an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press

Office.

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EUROPEAN ECONOMIC AREA

–

Amendments to the EEA agreement ..................................................................................................................... 11

TRADE

–

EU-South Korea free trade agreement ................................................................................................................... 11

WTO trade facilitation agreement ......................................................................................................................... 12

WTO - Kyrgyz Republic ....................................................................................................................................... 12

CUSTOMS UNION

–

Serbia - Conventions on transit and trade .............................................................................................................. 12

STATISTICS

–

Structural business statistics - Classification of products by activity .................................................................... 13

COHESION POLICY

–

Rules on the reporting of irregularities .................................................................................................................. 13

TELECOMMUNICATIONS

–

Roaming and open internet .................................................................................................................................... 13

ENVIRONMENT

–

Ban on seal products trade ..................................................................................................................................... 14

Ecological criteria for the EU Ecolabel ................................................................................................................. 14

Persistent organic pollutants .................................................................................................................................. 15

Shipments of waste ................................................................................................................................................ 15

Kyoto Protocol: technical implementation ............................................................................................................ 15

RESEARCH

–

EU-Switzerland - Scientific and technological cooperation agreement ................................................................ 15

EU- India - Renewal of scientific and technological cooperation agreement ........................................................ 16

EU-Faroe Islands - Scientific and technological cooperation agreement .............................................................. 16

ENERGY

–

Ministerial Council of the Energy Community ..................................................................................................... 16

SOCIAL POLICY

–

Delegated regulation on the Fund for the most deprived ....................................................................................... 17

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AGRICULTURE

–

International Organisation of Vine and Wine (OIV) - Council conclusions ......................................................... 17

APPOINTMENTS

–

European Economic and Social Committee: new members from Lithuania and the Netherlands ........................ 18

TRANSPARENCY

–

Public access to documents ................................................................................................................................... 18

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ITEMS DEBATED

INTERNAL MARKET AND INDUSTRY

Competitiveness "check-up": mainstreaming of competitiveness across all EU policies

The Luxembourg Presidency has put in practice a new working method called the "Competitiveness

Check-up" aimed at improving the role of the Competitiveness Council as regards the analysis of

horizontal and sectoral real economy issues as well as the monitoring of competitiveness

mainstreaming.

The outcome of the debates carried out under the new check-up process will allow the Presidency to

table a report that will be forwarded to the Competitiveness Council on 30 November.

In line with the new method the ministers held two discussions:

–

a debate on the latest economic trends and figures. The debate was based on a presentation

by the Commission focusing on micro-economic issues – the core business of the

Competitiveness Council, and

a debate on competitiveness mainstreaming, on the basis of a list of major EU initiatives

that have a potential impact on competitiveness.

–

Ministers addressed the most urgent issues and recent developments in areas of the real economy at

national and European level.

Many participants took the view that it was necessary to help EU companies to increase their level

of competitiveness and to expand by making regulatory conditions simple and predictable. This

would also contribute to stimulating the level of investments in Europe.

There was a broad consensus that EU rules should be more efficient and contain a real added-value

for consumers and companies.

A large number of delegations drew attention to aspects of trade policy in relation to the

competitiveness capacity of European industries and businesses.

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Among the main challenges ahead to boost competitiveness, the following were mentioned:

–

the digitalisation of the single market, of the industry and the SMEs,

application of smart regulation principles without undermining the level of protection of

consumers and workers,

support to clusters for innovation.

–

In order to facilitate the debate, the Presidency drew up an indicative non-exhaustive list of current

and upcoming initiatives that are likely to have a significant impact on competitiveness, including

initiatives dealt with by other Council configurations. This provided ministers with an informal

overview of key files for competitiveness mainstreaming.

The objective of mainstreaming competitiveness in other relevant policies is to ensure that the

impact on the competitiveness of the European economy is better taken into account when

implementing EU rules and developing new policy initiatives, with a view to creating sustainable

economic growth and jobs.

The new working method was announced by the Presidency at the

informal ministerial meeting on

competitiveness

held on 20 July in Luxembourg.

In September 2014, the Competitiveness Council undertook to carry out in a more structured and

more systematic manner its mandate to examine all relevant proposals that have a substantial impact

on competitiveness.

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ANY OTHER BUSINESS

–

Unitary patent protection system

The Council took note of

updated information

on how the implementation of the unitary patent

protection system is progressing. It also took note of Italy's participation in the enhanced

cooperation in the area of unitary patent protection.

In the margins of the Council, the signing ceremony of a protocol to the agreement of the Unified

Patent Court (UPC) took place.

The protocol to the UPC agreement will allow for the provisional application of institutional,

organisational and financial provisions of the agreement six months before it enters into force.

The unitary patent protection package will enter into force when 13 participating countries

(including France, Germany and the United Kingdom) have ratified the UPC agreement. Eight

countries have up to now ratified the agreement to establish the new court.

The Commission urged the remaining countries to speed up their internal ratification procedures.

The UPC agreement was

signed on 19 February 2013.

watch the ceremony

See also

European Patent Office press release

–

Accounting directive

At the request of the

Dutch delegation,

the Council took note of information from the Commission

on international developments in the field of transparency reporting requirements for the extractive

industries under the

EU's Accounting Directive,

and particularly against the background of the level

of transparency requirements for these industries in the United States of America.

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Some delegations supported the Dutch request and stressed the need to work in close cooperation

with the USA with a view to promoting global standards and a level playing field on transparency

requirements.

The Commission will continue to keep the Council informed on further international developments

in relation to these issues.

–

EU-ESA (European Space Agency) ministerial meeting

The Presidency briefed the Council on preparations for the upcoming informal joint ministerial

meeting between the EU and the

ESA

(informal 'Space Council') to take place in Brussels, Belgium,

on 30 November 2015.

–

Emissions Trading System

At the informal working lunch, ministers exchanged views on the reform of the European

Emissions Trading System (“EU ETS”), focusing in particular on the competitiveness aspects of the

proposal.

Given the potential implications of the system for EU competitiveness, ministers considered that the

Competitiveness Council could provide added value to the ongoing analysis of the proposal.

The

proposal for the revision of the EU ETS

reflects the EU's commitment to decarbonisation while

protecting industry. In particular, the carbon leakage provisions would continue after 2020. The free

allocation of allowances would be provided for, even if the number was limited and continued to

decrease. Low-carbon innovation would be supported through an Innovation Fund. A

Modernisation Fund would be established to modernise energy systems in lower-income member

states.

–

Automotive sector

The second part of the working lunch was devoted to taking stock of recent developments

concerning the automotive sector, following revelations of non-compliance with air pollutant car

emissions.

Ministers explained that national authorities were closely monitoring the situation, in close

cooperation with the Commission.

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They recalled that EU law must be respected and that breaches against environmental, health and

consumer protection laws may have particularly damaging effects.

Non-respect of EU laws also undermines common efforts to create a fair playing field benefiting the

competitiveness of all EU industries and economic operators.

Ministers called for plans to redress the situation without delay with a view to regaining consumers'

trust.

They welcomed the Commission's efforts to speed up the ongoing process to put in place reliable

emission tests in accordance with real driving conditions, to be implemented swiftly by national

type-approval authorities.

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OTHER ITEMS APPROVED

FOREIGN POLICY

Restrictive measures in view of Russia's actions destabilising the situation in Ukraine

The Council amended the restrictive measures in view of Russia's actions destabilising the situation

in Ukraine so that restrictive measures do not negatively affect the European space industry. The

amendment introduces a limited derogation to the sanctions to permit member states to license trade

in specific circumstances in three products which are needed for the use of space launchers or

fuelling of satellites.

Restrictive measures in view of the situation in Burundi

The Council adopted travel restrictions and an asset freeze in respect of four persons whose

activities are undermining democracy or obstructing efforts to achieve a political solution to the

current crisis in Burundi, in particular through acts of violence, repression or incitement to violence,

including acts which constitute serious human rights violations.

See

press release

ENLARGEMENT

EU-former Yugoslav Republic of Macedonia - Stabilisation and Association agreement

The Council authorised the conclusion of a protocol to the EU- former Yugoslav Republic of

Macedonia Stabilisation and Association agreement to take account of the accession of Croatia to

the EU on 1 July 2013.

The European Parliament gave its consent on 8 July 2015.

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EUROPEAN ECONOMIC AREA

Amendments to the EEA agreement

The Council adopted a decision (10783/15) on the position to be adopted, on behalf of the EU, in

the EEA joint committee, concerning an amendment to annex XXI to the EEA agreement. The

amendment is necessary in order to incorporate the implementation of annual statistics on energy

consumption in households into the EEA agreement.

It also adopted its position (10841/15) concerning amendments to annexes II (Technical regulations,

standards, testing and certification) and XX (Environment) to the EEA agreement, which are

necessary in order to incorporate the fuel quality directive into the agreement.

TRADE

EU-South Korea free trade agreement

The Council adopted a decision concluding the EU's free trade agreement with South Korea.

The agreement, signed in October 2010, provides for the progressive liberalisation of trade in goods

and services. It includes trade-related issues such as competition and state aid, intellectual property

and public procurement.

It is the first of a generation of free trade agreements, and is the EU's first trade deal with an Asian

country.

Conclusion of the agreement follows its ratification by all of the EU member states. Most of the

agreement has been provisionally applied since 1 July 2011.

For details, see

press release

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WTO trade facilitation agreement

The Council adopted a decision approving, on behalf of the EU, the conclusion of a WTO protocol

establishing a trade facilitation agreement.

The purpose of the agreement is to simplify and modernise procedures for the movement of goods,

including import and export procedures. The aim is to help smaller businesses exploit export

opportunities and to facilitate developing countries' participation in international trade.

For details, see

press release

WTO - Kyrgyz Republic

The Council authorised the Commission to open negotiations with the Kyrgyz Republic and other

WTO members on a WTO submission made by the Kyrgyz Republic.

CUSTOMS UNION

Serbia - Conventions on transit and trade

The Council approved its position on

decisions

to be taken by EU-EFTA joint committees with a

view to the accession of Serbia to the Convention on a common transit procedure and to the

Convention on simplification of formalities in trade in goods.

The customs transit procedure enables goods to move more freely and simplifies customs

formalities. It takes the form of a temporary suspension of the duties and taxes normally due on

goods imported into the customs territory. This procedure is based on a convention between the EU

and the countries of the European Free Trade Area (EFTA).

The Convention on simplification of formalities in trade in goods sets out measures to simplify

formalities in trade in goods between the EU and the EFTA countries, in particular by introducing a

single administrative document to be used for any procedure at export and import.

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STATISTICS

Structural business statistics - Classification of products by activity

The Council decided not to oppose a

Commission regulation

amending regulation 251/2009 which

implements

regulation 295/2008 on structural business statistics,

as regards the adaptation of the

series of data following the revision of the classification of products by activity.

The new measures are submitted for scrutiny by the European Parliament and the Council. They

may oppose the adoption of the draft measures by the Commission if those measures exceed the

implementing powers provided for in the basic regulation, are not compatible with the aim or

content of the basic regulation or do not comply with the principles of subsidiarity and

proportionality.

COHESION POLICY

Rules on the reporting of irregularities

The Council decided not to object to a Commission regulation laying down specific rules on the

reporting of irregularities concerning the European regional development fund, the European social

fund, the cohesion fund, and the European maritime and fisheries fund (10735/15).

The regulation is a delegated act pursuant to article 290 of the Treaty on the Functioning of the EU.

This means that now that the Council has decided not to object to it, the act can enter into force,

unless the European Parliament objects to it.

TELECOMMUNICATIONS

Roaming and open internet

The Council adopted its first-reading position on new rules to end mobile roaming charges and

safeguard open internet access. The Netherlands and Slovenian delegations voted against. The

Croatian and Greek delegations abstained.

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The European Parliament is expected to adopt the text at its plenary session in late October. This

will mark the end of the procedure at second reading.

Roaming and open internet regulation: Council position at first reading

(full text)

Roaming and open internet regulation: Council's reasons

Adoption of the roaming and open internet regulation: statements

Roaming and open internet rules adopted by the Council

End of roaming charges: Council confirms agreement with EP

ENVIRONMENT

Ban on seal products trade

The Council adopted a regulation (PE-CONS

44/15

11505/15 ADD1)

that brings the EU ban on

trade in seal products into compliance with World Trade Organisation (WTO) rules.

Press release -

Seal products trade: the EU ban adapted to WTO rules

The qualified majority needed was achieved, with the vote against of Sweden and the abstention of

Denmark, France, Estonia and Finland.

Ecological criteria for the EU Ecolabel

The Council decided not to oppose the adoption of two Commission decisions (10889/15

+ADD1

and

11765/15)

on the ecological criteria for the award of the EU Ecolabel.

The first decision concerns the ecological criteria for the product group "growing media, soil

improvers and mulch". The second decision prolongs the validity of the criteria for several types of

product, namely televisions, footwear, wooden furniture, notebook computers and personal

computers.

The two Commission decisions are subject to the so-called regulatory procedure with scrutiny. This

means that now that the Council has given its consent, the Commission may adopt the decisions,

unless the European Parliament objects.

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Persistent organic pollutants

The Council decided not to oppose the adoption of a Commission regulation (10888/15

+ ADD 1)

concerning persistent organic pollutants. The regulation introduces changes in rules regarding one

type of persistent organic pollutants: short-chain chlorinated paraffins (SCCPs).

The Commission regulation is subject to the so-called regulatory procedure with scrutiny. This

means that now that the Council has given its consent, the Commission may adopt the regulation,

unless the European Parliament objects.

Shipments of waste

The Council decided not to oppose the adoption of a Commission regulation (10884/15

+ ADD 1+

ADD 1 REV 1)

which updates the rules on shipments of waste, aligning them with recent changes

in related legislation.

The Commission regulation is subject to the so-called regulatory procedure with scrutiny. This

means that now that the Council has given its consent, the Commission may adopt the regulation,

unless the European Parliament objects.

Kyoto Protocol: technical implementation

The Council decided not to object to a Commission delegated regulation (11023/15

+ ADD 1)

concerning the technical implementation of the Kyoto Protocol after 2012, specifically accounting

requirements. This new piece of legislation aims at enabling the effective operation of the joint

fulfilment agreement and at ensuring its alignment with the relevant EU legislation.

The regulation is a delegated act pursuant to article 290 of the Treaty on the Functioning of the EU.

This means that now that the Council has decided not to object to it, the act can enter into force,

unless the European Parliament objects.

RESEARCH

EU-Switzerland - Scientific and technological cooperation agreement

The Council approved the conclusion of an

agreement

for scientific and technological cooperation

with Switzerland associating Switzerland to "Horizon

2020",

the EU's framework programme for

research and innovation for the years 2014 to 2020

(5662/15).

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The agreement includes the terms and conditions of Switzerland’s participation in the Euratom

programme 2014-2018 and in the activities carried out by the European joint undertaking for the

ITER

project on nuclear fusion energy.

The agreement was signed on 5 December 2014 in Brussels and started to be applied retroactively

as from 15 September 2014, pending the completion of procedures for its conclusion.

EU- India - Renewal of scientific and technological cooperation agreement

The Council approved the renewal of the EU-India scientific and technological cooperation

agreement for an additional period of five years (5872/15).

The agreement, which entered into force in 2002, may be renewed by mutual agreement every five

years.

EU-India science scientific and technological cooperation

EU-Faroe Islands - Scientific and technological cooperation agreement

The Council approved the conclusion of an agreement for scientific and technological cooperation

with the Faroe Islands associating the Faroe Islands to "Horizon 2020", the EU's framework

programme for research and innovation for the years 2014 to 2020

(5660/15).

The agreement started to be applied retroactively as from 1 January 2014, pending the completion

of the procedures for its conclusion.

ENERGY

Ministerial Council of the Energy Community

The Council adopted a decision establishing the European Union position within the Ministerial

Council of the Energy Community which will take place in Tirana on 16 October 2015. The

legislative act covers the agenda items relating to the adoption of decisions having legal effect, as

well as the EU position on political items which do not have legal effects.

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The Council also decided to inform the European Parliament of the adoption of the decision which

will also be transmitted to the European Parliament.

The Energy Community is an international organisation dealing with energy policy and security of

supply, bringing together the European Union and countries from the South East Europe and Black

Sea region. It was established by an international treaty in October 2005.

Energy Community - Facts in Brief

SOCIAL POLICY

Delegated regulation on the Fund for the most deprived

The Council decided not to oppose the adoption of Commission's delegated regulation

supplementing regulation No 223/2014 with specific provisions on the reporting of irregularities

concerning the Fund for European aid to the most deprived (FEAD) (10785/15).

The purpose of this regulation is to determine which irregularities member states should report to

the Commission, thus allowing the Commission to perform its tasks concerning the protection of

the financial interests of the Union.

The Commission regulation is subject to the so-called regulatory procedure with scrutiny. This

means that now that the Council has given its consent, the Commission may adopt the regulation,

unless the European Parliament objects.

AGRICULTURE

International Organisation of Vine and Wine - Council conclusions

The Council adopted conclusions on the Commission initiative relating to a particular status for the

EU within the International Organisation of Vine and Wine (OIV).

The Council examined the Commission services non-papers on the status envisaged for the EU in

the OIV.

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The Council considers that there is a clear interest in obtaining a particular status for the Union, thus

enhancing its participation in the OIV's activities. The Council therefore authorises the Commission

to launch exploratory talks with the OIV with a view to obtaining such a status, in accordance with

Article 4 of the OIV's rules of procedure. The Council asks the Commission to report on the

outcome of those talks and submit any appropriate initiatives for the Council's approval, including a

new draft exchange of letters as amended on the basis of the outcome of those talks, to bring them

to a fruitful conclusion in conformity with the treaties.

APPOINTMENTS

European Economic and Social Committee: new members from Lithuania and the

Netherlands

The Council appointed 12 members of the European Economic and Social Committee (EESC) for

the period from 21 September 2015 to 20 September 2020.

They are three members from the Netherlands and nine members from Lithuania whose

nominations had not been communicated to the Council by the deadline and could not be included

in the decision of 18 September 2015, which appointed 338 out of the total of 350 members of the

EESC .

The EESC is the European Union body which represents employers, workers and other groups and

associations of civil society, notably in socio-economic, civic, professional and cultural areas.