PERMANENT REPRESENTATIVES COMMITTEE - Hoofdinhoud

Council of the European Union

Brussels, 16 December 2019 (OR. en)

15086/19 CRS CRP 41

SUMMARY RECORD

PERMANENT REPRESENTATIVES COMMITTEE

27 and 29 November 2019

• I. 

  Adoption of the agenda

  14244/19 OJ CRP1 41 14479/2/19 REV 2 OJ CRP2 41 COMIX 547

  The Committee adopted the agenda.

II. Approval of the "I" items

The Committee approved the "I" items as set out in the Annex.

III. Discussion items

COREPER (PART 1)

Agriculture and Fisheries

• 2. 

  Meeting of the Council (Agriculture and Fisheries) on 16 and 17 December 2019: Agenda

  (For the items in the remit of the Permanent Representatives Committee)

  The Presidency presented the main points on the agenda.

Environment

• 3. 

  Meeting of the Council (Environment) on 19 December 2019: Agenda

  The Presidency presented the main points on the agenda.

Employment, Social Policy, Health and Consumer Affairs

• 4. 

  Meeting of the Council (Employment, Social Policy, Health and Consumer Affairs) on 9 and 10 December 2019: Preparation

  • 1. 

    Economy of Wellbeing - next steps in investing in health 14303/19 as its key component

    Policy debate

  The Committee prepared this item for the Council.

  • 2. 

    European pharmaceutical policy – strengthened 14307/19 cooperation and coordination with the aim to improve

    access to medicines Policy debate

  The Committee prepared this item for the Council.

  • 3. 

    The future gender equality policies and gender 14251/19 mainstreaming in the EU

    Policy debate

  The Committee prepared this item for the Council.

  • 4. 

    Conclusions on gender equal economies in the EU: The 14254/19 way forward taking stock of 25 years of implementation of + ADD 1 the Beijing Platform for Action + ADD 1 COR 1 Adoption + ADD 2

  The Committee prepared this item for the Council.

Employment and Social Policy

• 5. 

  Decision amending Decision No 573/2014/EU on cooperation 14419/19 between Public Employment Services (PES)

  Mandate for negotiations with the European Parliament

  The Committee agreed on a mandate for negotiations with the European Parliament and agreed to make that mandate public.

• 6. 

  Revision of Regulations on coordination of social security 14389/19 systems (883/04 and 987/09)

  Preparation for the trilogue

  The Committee agreed on a mandate for the forthcoming trilogue.

Transport

• 7. 

  Regulation on electronic freight transport information (eFTI)

  Presidency debriefing on the outcome of the trilogue

  The Committee took note of the information provided by the Presidency on the outcome of the trilogue of 26 November 2019.

• 8. 

  Mobility package I

  • a) 

    Regulation on access to the profession and access to the haulage market

  • b) 

    Regulations on rest time periods and on tachographs c) Directive on enforcing social rules and on lex specialis for posting of drivers Presidency debriefing on the outcome of the trilogue

  The Committee took note of the information provided by the Presidency on the outcome of the trilogue of 25 November 2019.

Environment

• 9. 

  Directive on drinking water 14371/19

  Preparation for the trilogue

  The Committee agreed on a revised mandate for the forthcoming trilogue.

• 10. 

  Regulation on water reuse 14308/1/19 REV 1 Preparation for the trilogue

  The Committee agreed on a revised mandate for the forthcoming trilogue.

COREPER (PART 2)

WEDNESDAY 27 NOVEMBER 2019

Justice and Home Affairs

• 26. 

  Meeting of the Council (Justice and Home Affairs) on 2-3

  December 2019: Preparation

  • a) 

    Implementation of interoperability 14189/19 Information from the Commission and the Presidency 14190/19 Exchange of views

  The Committee confirmed the outcome of the Mixed Committee.

  • b) 

    Implementation of the European Border and Coast Guard Regulation

    • i) 

      Multiannual strategic policy for the European 14198/19 Integrated Border Management

    • ii) 

      State of play of implementation Exchange of views

  The Committee confirmed the outcome of the Mixed Committee.

  • c) 

    Update by the Counter-Terrorism Group (CTG) on further cooperation between competent authorities dealing with

    counter-terrorism 1

    Exchange of views

  The Committee prepared this item for the Council.

  • d) 

    The future of EU migration and asylum policy 14364/19 Policy debate

  The Committee prepared this item for the Council.

  • e) 

    The future of EU Internal Security 14297/19 Policy debate

  The Committee prepared this item for the Council.

1 Exceptionally, in the presence of the Schengen Associated States.

• f) 

  Digital Justice: e-evidence i) Negotiations for EU-US agreement on cross-border 13713/19 R-UE access to e-evidence

  • ii) 

    Negotiations on a second additional Protocol to the 14342/19 R-UE Budapest Convention

  State of play

The Committee prepared this item for the Council.

• g) 

  Regulation amending Regulation (EC) No 1393/2007 i on 13834/1/19 REV 1 the Service of documents 14427/19

  General approach

The Committee prepared this item for the Council and agreed to forward the draft text to the council for a General approach.

Joint statement by Austria, Czechia, Estonia, Germany, Hungary, Italy, the Netherlands,

Portugal, Slovenia and Spain

"One of the objectives of these Regulations is to digitise the transmission of requests for service of documents and taking of evidence between competent authorities in different Member States. For this purpose both Regulations call for the establishment of a mandatory electronic decentralised IT system. The signatories welcome the objective of the Commission proposal and the compromise text of the Finnish Presidency.

The Regulations do not explicitly mention by name a specific software solution to futureproof the Regulations in a fast-moving technological environment. However, the Member States and the Commission have agreed that the implementing acts of the Regulations will specify the e-CODEX system as the appropriate software solution. The signatories support this choice and the use of e-CODEX for this kind of data exchange.

Taking this into account, we draw attention to the Council conclusions on the sustainability of e-CODEX (November 2014), which put forward the opportunity of entrusting an independent existing EU Agency with the governance of e-CODEX. Recalling also the Roadmap of e CODEX (November 2016) and the Council Conclusions on e-CODEX (June 2017), which invited the Commission “to present a proposal for ensuring the sustainability of e-CODEX, providing the necessary legal and technical arrangements enabling eu-LISA to ensure its maintenance and interoperability”, the signatories call upon the Commission to present a proposal for ensuring the sustainability of e-CODEX, providing the necessary legal and technical arrangements enabling eu-LISA to ensure its maintenance and interoperability. This should be done before the implementing acts of the Regulations are adopted.

We also call upon the Commission to provide the necessary resources enabling this organisation to ensure the maintenance and interoperability of e-CODEX and to present a plan regarding the necessary legislative proposal for the future maintenance of e-CODEX."

Joint statement by Estonia, Ireland and Portugal

"One of the main aims of this Regulation is to further improve the efficiency and speed of judicial proceedings, in a way which maintains or improves the existing level of access to justice and the protection of the rights of the defence in cross-border proceedings, and to reduce the burdens for citizens and businesses involved in cross-border proceedings resulting from undue costs and delays. This can be achieved by the better use of technical developments and electronic means for the service of procedural documents in civil and commercial matters.

The signatories welcome the objective of the Commission proposal and the compromise text of the Finnish Presidency. There are many aspects in the compromise text that the signatories can be very satisfied with.

However, Article 14a (2), which allows a Member State to indicate the conditions under which it will accept service of judicial documents to people with an address in its territory by e-mail, leaves the Member States with a broad possibility not to accept service by e-mail in its territory. There is no limitation foreseen to the conditions the Member States can indicate, making it thus possible to object to it as such. In order to follow the main objective of the Regulation it is also vital to follow the principle of non-discrimination - the Member States accepting e-mail as a valid method of service domestically should accept it in cross-border cases as well. Not following the principle of non-discrimination would jeopardize the main objective of the Regulation.

The signatories regret that there was not sufficient time to consider the impact of this objection on the judicial proceedings and the rights of parties before the adoption of the general approach. We believe that it is essential to find a better solution during the upcoming trilogies with the European Parliament, which would better achieve the aim of the

Commission proposal."

• h) 

  Regulation amending Council Regulation (EC) 13836/1/19 REV 1 No 1206/2001 on the taking of evidence 14427/19

  General approach

The Committee prepared this item for the Council and agreed to forward the draft text to the Council for a General approach.

Joint statement by Austria, Czechia, Estonia, Germany, Hungary, Italy, the Netherlands, Portugal, Slovenia and Spain

"One of the objectives of these Regulations is to digitise the transmission of requests for service of documents and taking of evidence between competent authorities in different Member States. For this purpose both Regulations call for the establishment of a mandatory electronic decentralised IT system. The signatories welcome the objective of the Commission

proposal and the compromise text of the Finnish Presidency. The Regulations do not explicitly mention by name a specific software solution to futureproof the Regulations in a fast-moving technological environment. However, the Member States and the Commission have agreed that the implementing acts of the Regulations will specify the e-CODEX system as the appropriate software solution. The signatories support this choice and the use of e-CODEX for this kind of data exchange. Taking this into account, we draw attention to the Council conclusions on the sustainability of e-CODEX (November 2014), which put forward the opportunity of entrusting an independent existing EU Agency with the governance of e-CODEX. Recalling also the Roadmap of e CODEX (November 2016) and the Council Conclusions on e-CODEX (June 2017), which invited the Commission “to present a proposal for ensuring the sustainability of e-CODEX, providing the necessary legal and technical arrangements enabling eu-LISA to ensure its maintenance and interoperability”, the signatories call upon the Commission to present a proposal for ensuring the sustainability of e-CODEX, providing the necessary legal and technical arrangements enabling eu-LISA to ensure its maintenance and interoperability. This should be done before the implementing acts of the Regulations are adopted. We also call upon the Commission to provide the necessary resources enabling this organisation to ensure the maintenance and interoperability of e-CODEX and to present a plan regarding the necessary legislative proposal for the future maintenance of e-CODEX."

• i) 

  Conclusions on the Future of Civil Justice Cooperation 14448/19 Adoption

The Committee prepared this item for the Council and agreed to have the discussion in the Council in public session.

• j) 

  Other items in connection with the Council meeting

The Presidency provided further information regarding the Council meeting.

General Affairs

• 27. 

  Meeting of the Council (General Affairs) on 10 December 2019:

  Preparation

  • a) 

    Preparation of the European Council on 12-13 December 13904/19 2019: Guidelines

    Exchange of views

  The Committee examined the draft guidelines for the conclusions of the upcoming European Council meeting on 12-13 December 2019.

  • b) 

    Values of the Union in Hungary / Article 7 (1) TEU 14402/19 Reasoned Proposal

  The Committee prepared this item for the Council in accordance with the standard modalities

  for hearings referred to in Article 7(1) TEU and agreed on the issues to be covered by the

  hearing as set out in the annex to document 14402/19.

  • c) 

    Rule of Law in Poland / Article 7(1) TEU Reasoned Proposal

    State of play

  The Committee prepared this item for the Council.

  • d) 

    Other items in connection with the Council meeting

  The Presidency provided further information regarding the Council meeting.

• 28. 

  Working methods - Draft synthesis report

  Exchange of views

  The Committee held an exchange of views.

Institutional Affairs

Appointments

• 29. 

  European Council Decision appointing the European 14490/19

  Commission Exchange of views

  The Committee took note of the information provided by the Presidency and the Council Legal Service.

Economic and Financial Affairs

• 30. 

  Meeting of the Council (Economic and Financial Affairs) on

  5 December 2019: Preparation

  • a) 

    (poss.) Excise duties 14350/19 Structure of excise duties on alcohol: Amendments to the

    Council Directive Political agreement

  The Committee agreed to withdraw this item from the Council agenda.

  • b) 

    Strengthening of the Banking Union 14354/19 Progress report 14355/19

  The Committee prepared this item for the Council.

• c) 

  (poss.) Conclusions on energy taxation 14046/19

  Adoption

The Committee prepared this item for the Council, agreed to forward the draft conclusions to the Council for adoption, and agreed to have the discussion in the Council in public session.

• d) 

  Conclusions on strengthening the European financial 13979/19 architecture for development 13678/2/19 REV 2 Adoption

The Committee prepared this item for the Council, agreed to forward the draft conclusions to the Council for adoption, and agreed to have the discussion in the Council in public session.

• e) 

  Sustainable Finance Agenda 14335/19

  Information from the Commission Exchange of views

The Committee prepared this item for the Council.

• f) 

  ECOFIN Work Plan on Climate Action 14329/19

  Approval

The Committee prepared this item for the Council, agreed to forward the draft Action Plan to the Council for approval, and agreed to have the discussion in the Council in public session.

• g) 

  Joint Council and Commission statement on "stablecoins" 14374/19

  Approval

The Committee prepared this item for the Council, agreed to forward the draft statement to the Council for approval, and agreed to have the discussion in the Council in public session.

• h) 

  Conclusions on strategic priorities on anti-money 14258/19 laundering and countering the financing of terrorism

  Adoption

The Committee prepared this item for the Council, agreed to forward the draft conclusions to the Council for adoption, and agreed to have the discussion in the Council in public session.

• i) 

  Conclusions on the deepening of the Capital Markets 14277/19

  Union Adoption

The Committee prepared this item for the Council, agreed to forward the draft conclusions to the Council for adoption, and agreed to have the discussion in the Council in public session.

• j) 

  Implementation of the Action Plan to tackle nonperforming loans in Europe

  Presentation by the Commission

The Committee prepared this item for the Council.

• k) 

  Other items in connection with the Council meeting

The Presidency provided further information regarding the Council meeting and will reflect on a delegation request. The Committee agreed to move the report on tax issues and the code of conduct items to the list of A-items.

Foreign Affairs

• 33. 

  Council Decision establishing a European Peace Facility 14379/19

  Guidance for further work

  The Committee held an exchange of views and provided guidance for further work.

• 34. 

  Regulation establishing the Neighbourhood, Development and 14391/19 + ADD 1 International Cooperation Instrument (NDICI)

  Partial mandate for negotiations with the European Parliament

The Committee agreed on a partial mandate as regards the migration-related provisions.

FRIDAY 29 NOVEMBER 2019

Foreign Affairs

• 35. 

  Council Decision establishing the general conditions under 13437/2/19 REV 2 which third States could exceptionally be invited to participate

  in individual PESCO projects Preparation for the adoption

  The Committee held an exchange of views.

IV. Any other business

COREPER (PART 1)

None.

COREPER (PART 2)

Application of Union law

The Committee took note of the information provided by France.

Memorandum of Understanding by Turkey and Libya on maritime zones

The Committee took note of the information provided by Greece and supported by Cyprus.

ANNEX

"I" items approved

COREPER (PART 1)

Institutional Affairs

Written questions

• 11. 

  Replies to questions for written answer submitted to the Council 14417/19 by Members of the European Parliament PE-QE

  Adoption by silence procedure

  • a) 

    Jorge Buxadé Villalba (ECR) 13573/19 "Combating terrorism"

  • b) 

    Moritz Körner (Renew) 13572/19 "EU equivalent to the US terrorist finance tracking

    program system"

  • c) 

    Claudia Gamon (Renew) 13694/19 "Chinese police officers in EU Member States"

  • d) 

    Guido Reil (ID) 13642/19 "Regulation on transitional allowances (Council

    Regulation (EU) 2016/300 of 29 February 2016 determining the emoluments of EU high-level public office holders)"

• 12. 

  Minutes of Council Meetings

  Approval

  AGRIFISH 14-15.10.2019 13107/1/19 REV 1 + ADD 1

  • + 

    ADD 1 COR 1

  Appointments

• 13. 

  Appointment of three members and three alternate members of 14305/19 the Administrative Board of the Agency for the Cooperation of 14309/19 Energy Regulators (ACER) ENER

  Adoption

  Other

• 14. 

  Chairing of certain Working Parties by other delegations, at the 13602/19 request of the Croatian Presidency POLGEN Approval

Transport

• 15. 

  IMO - Union Submission IMO/SSE 7 - Fires on board ro-ro 14319/19 passenger ships MAR

  Endorsement

Environment

• 16. 

  Barcelona Convention - Ministerial Declaration for COP 21 14087/19

  Authorisation to adopt the Ministerial Declaration on behalf of + ADD 1-2 the European Union ENV

  Statement by Germany

  "Deutschland erklärt, dass wegen der Kurzfristigkeit der Vorlage des ersten Entwurfes der Ministererklärung bisher keine Möglichkeit für die Mitgliedstaaten bestand, sich seriös eine Meinung zum Inhalt der Erklärung zu bilden.

  Die hier heute zur Entscheidung anstehende formale Mandatierung der Europäischen Kommission zur ‚Annahme der Ministererklärung‘ beinhaltet faktisch sowohl das Mandat zur Verhandlung an sich als auch das Mandat zur Abgabe inhaltlicher Voten im Rahmen der Verhandlung. Nach deutschem Verständnis wird davon ausgegangen, dass das gewählte Verfahren im Bereich der geteilten Kompetenz üblich ist und die Ermächtigung an die KOM durch das ihr zugestandene Mandat sowie das allgemeine EU Recht begrenzt wird. Zudem verweist DE auf die ebenfalls in der Working Party on the Environment gegebene Erklärung, die finale Ministererklärung werde im Konsensverfahren beschlossen, sie habe jedoch keine rechtliche, sondern bloß politische Wirkung."

  Courtesy translation

  "Germany would like to point out that as the first draft of the ministerial declaration was presented at such short notice, there has been no opportunity for the member states to properly form an opinion on the content of the declaration.

  The formal mandate of the European Commission, to be decided today, to adopt the Ministerial Declaration' de facto includes both the mandate to negotiate as well as the mandate to vote on the content during the negotiation. It is our understanding that the chosen procedure is common in the area of shared competence and that the authorisation granted to the Commission will be limited by virtue of its mandate as well as general EU law. In addition, Germany would like to refer to the explanation also presented in the Working Party on the Environment which states that the final ministerial declaration is to be adopted by consensus, but does not have any legal effect, just a political effect."

  Statement by Cyprus, Greece and Malta

  "Cyprus, Greece and Malta do not object to the Commission's authorization to endorse the Ministerial Declaration, as a non-legally binding political agreement. This is, however, without prejudice to our final decision on the final text of the Ministerial Declaration. We understand that the negotiations on the Ministerial Declaration will not be finalised until a consensus can be reached on the whole text by all Contracting Parties to the Barcelona Convention. We reserve the right to speak on our own behalf during further COP negotiations, in line with Article 25 of the Barcelona Convention, and underline that the authorization of the Commission to endorse the Ministerial Declaration by the Council shall not entail any transfer of competences to the Union and does not hold any bearing on the adoption of draft decisions during the on-going negotiations."

Agriculture

• 17. 

  Regulation laying down transitional provisions for EAFDR and 14304/19

  EAGF i support in 2021 13643/19 + ADD 1

  Decision to consult an institution or body AGRI

EU positions for international negotiations

• 18. 

  Council Decision on the EU position in the 31st session of the 14211/19

  IMO Assembly + ADD 1-2 Adoption 14212/19 MAR

  Statement by Belgium, Germany, Greece, Italy, Latvia, Malta and the Netherlands

  "We, the undersigned, do not consider the adoption of a Council decision for non-legally binding instruments to be adopted in the IMO reasonable and proportionate. We urge the European Commission to continue the informal coordination of EU positions of the aforementioned elements.

  The proposed procedure will have considerable consequences on the work of the Member States in the IMO and within the EU. It will significantly increase the Council's workload on all relevant levels and it will lengthen the EU internal coordination process, as the procedural workload within the EU will by far exceed the procedure for the adoption of relevant nonbinding IMO instruments. Furthermore, it limits Member States substantially in their margin of negotiation in the IMO context, without any additional value for securing the EU acquis.

  In this context we would like to recall that the Commission has firmly stated on several occasions that the EU's focus should remain “firmly on the big things, where European action has a clear and demonstrable added value”."

  Statement by the Commission

  "The Commission considers that the items due to be adopted at the 31st session of the IMO Assembly, which would introduce amendments to resolution A.658(16) on the use and fitting of retro-reflective materials on Life-Saving Appliances and amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), resolution A.1120 (30), will affect EU law through the application of Directive 2014/90 i/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and Commission implementing Regulation (EU) 2019/1397 of 6 August 2019 on design, construction and performance requirements and testing standards for marine equipment, and through the application of Regulation (EC) No 391/2009 i of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations. The Union position established in respect of the amendments to resolution A.658(16) on the use and fitting of retro-reflective materials on Life-Saving Appliances and amendments to the Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), resolution A.1120 (30) must therefore be understood in this regard."

• 19. 

  Council Decision on the EU position for 39th Standing 14032/1/19 REV 1 Committee of the Bern Convention 13470/19

  Confirmation of delegations' positions ENV

• 20. 

  Council Decision on the EU position at the 39th session of the 14278/19

  Executive Body under the Convention on Long-Range 14345/19 Transboundary Air Pollution (CLRTAP) on prolongation of ENV deadlines Adoption

• 21. 

  Council Decision on the EU position in ICAO with regard to 14008/19 standards and recommended practices on passenger name record 14014/19 data AVIATION Adoption

• 22. 

  Council Decision on the EU position in the Energy Community 14375/19

  Adoption 14381/19 ENER

• 23. 

  Energy Community Ministerial Council 14485/19

  (Chisinau, 13 December 2019) ENER Establishment of the EU position

• 24. 

  Energy Charter Conference: 14289/19

  – Draft Conclusions of the Review under Article 34(7) of 14382/19 the Energy Charter Treaty ENER

  – Draft budget 2020-2021 Establishment of the EU position

  Statement by the Commission

  "In the upcoming Energy Charter Conference, which meets on 10-11 December 2019, the Energy Charter Conference is expected to adopt the Draft Conclusions of the Review under Article 34(7) of the ECT and the draft budget 2020-2021, which may have legal effects for the EU.

  In view of the short time-frame available, the Commission will not be able to make a proposal in due time to establish the Union position. The Commission understands that therefore the matter will be handled in the Council as a matter of urgency.

  The Commission maintains its view that an EU position in an international body must be formally adopted by the Council on a proposal from the Commission in accordance with Article 218(9) TFEU. The practical arrangement in relation to the Energy Charter Conference has to be seen in the context of the exceptional nature and does not constitute a precedent for the future."

Delegated or Implementing Acts

• 25. 

  Commission Regulation (EU) …/… of XXX amending Council 14398/19

  Regulation (EC) No 338/97 i on the protection of wild fauna and 13358/19 + ADD 1 flora by regulating trade therein ENV Decision not to oppose adoption

COREPER (PART 2)

WEDNESDAY 27 NOVEMBER 2019

Judicial Affairs

• 36. 

  Opinion procedure before the Court of Justice (1/19) Istanbul 14079/19

  Convention JUR Information note for the Permanent Representatives Committee FREMP (Part 2)

• 37. 

  Cases C-632/19 and C-633/19 - Request for preliminary ruling 14269/1/19 REV 1 (the Federale Overheidsdienst Financiën et Openbaar JUR

  Ministerie) Information note for the Permanent Representatives Committee (Part 2)

Institutional Affairs

• 38. 

  Minutes of Council meetings

  Approval

• a) 

  JHA 7-8.10.2019 12912/19 + ADD 1

• b) 

  ECOFIN 10.10.2019 13002/19 + ADD 1

• c) 

  FAC 14.10.2019 13108/19 + ADD 1

• d) 

  GAC 15.10.2019 13109/19 + ADD 1

  Appointments

• 39. 

  A member (DE) of the European Economic and Social 13011/19

  Committee 13010/19 Adoption CES

• 40. 

  A member and an alternate member (RO) of the Committee of 14098/19 the Regions 14097/19 Adoption CDR

Transparency

• 41. 

  Public access to documents 11369/19 Confirmatory application No 22/c/05/19 INF

Adoption API

• 42. 

  Public access to documents 11879/19 Confirmatory application No 26/c/02/19 INF

Adoption API

• 43. 

  Public access to documents 13537/19 Confirmatory application No 35/c/01/19 INF

Adoption API

Economic and Financial Affairs

• 44. 

  New Slovak Commemorative Coin 14118/19 UEM

• 45. 

  New Portuguese Commemorative Coins 14119/19 UEM

• 46. 

  ECA SR No 17/2019 on centrally managed EU interventions for 14169/19 venture capital FIN

  Designation of a Working Party

• 47. 

  ECA SR No 18/2019 on EU greenhouse gas emissions 14411/19 Designation of a Working Party FIN

• 48. 

  ECA SR No 19/2019 on INEA 14172/19 Designation of a Working Party FIN

• 49. 

  ECA SR No 20/2019 on EU information systems supporting 14182/19 border control FIN

  Designation of a Working Party

• 50. 

  ECA SR No 24/2019 on asylum, relocation and return of 14230/19 migrants FIN

  Designation of a Working Party

• 51. 

  Council Implementing Decision authorising Italy to continue to 14044/19 apply derogating measures in the case of VAT on certain 13790/19 expenditure on certain motorised road vehicles FISC

  Adoption 52. Conclusions on ECA SR No 12/2019 on e-commerce 14045/19 + COR 1

  Adoption FISC

• 53. 

  Amendments to Annex II of the Council conclusions of 14290/19 + COR1 12 March 2019 on the EU list of non-cooperative jurisdictions + COR 2

  for tax purposes FISC Adoption

• 54. 

  Review of the European System of Financial Supervision 14011/1/19 REV 1 (ESFS): Regulation amending ESAs PE-CONS 75/19

  Adoption of the legislative act EF

• 55. 

  Review of the European System of Financial Supervision 14012/1/19 REV 1 (ESFS): Directive amending MiFID / Solvency II PE-CONS 76/19

  Adoption of the legislative act EF

• 56. 

  Review of the European System of Financial Supervision 14013/1/19 REV 1 (ESFS): Regulation amending ESRB PE-CONS 77/19

  Adoption of the legislative act EF

  Statement by the Netherlands

  "While supporting the overall package on the review of the European System of Financial Supervision (ESFS review), the Netherlands regret that the amendments of the Regulation on the European Systemic Risk Board (ESRB) do not fully address our repeatedly expressed concerns with regard to a potential conflict of interest between the ESRB and the European Central Bank (ECB). At the same time we acknowledge the improvements provided for in this amended Regulation, for instance with regard to the strengthening of the position of the ESRB’s first Vice-Chair. We call on the European Commission to consider possible alternative models for the governance of the ESRB when reporting on the mission and organization of the ESRB in a future report on the ESRB. The Netherlands will continue to work constructively towards addressing this issue."

• 57. 

  Directive on accelerated extrajudicial collateral enforcement 14261/1/19 REV 1 (AECE) mechanism 14261/19 ADD 1

  Mandate for negotiations with the European Parliament EF

  Statement by Germany

  "DEU stimmt der Allgemeinen Ausrichtung zur Richtlinie des Europäischen Parla-mentes und des Rates über die beschleunigte außergerichtliche Realisierung von Sicherheiten (Dok Nr. 14261/19 ADD 1) zu. DEU begrüßt, dass eine Einigung erzielt werden konnte, betont jedoch, dass der Vorschlag keinen wesentlichen Beitrag zu den im Bankenunionskontext erforderli-chen Maßnahmen zum nachhaltigen Abbau und der künftigen Vermeidung notlei-dender Kredite leistet. Der Richtlinienvorschlag in der Form der Allgemeinen Ausrichtung enthält eine Viel-zahl von nationalen Wahlrechten (sog. Kann-Vorschriften). DEU erkennt an, dass ohne diese Wahlrechte eine Einigung im Rat aller Voraussicht nach nicht möglich gewesen wäre. Die an sich wünschenswerte weitergehende Harmonisierung wird hierdurch jedoch nicht erreicht. Aus DEU Sicht wäre es beispielsweise vorzugswür-dig gewesen, wenn sich die Mitgliedstaaten bei Artikel 31 (Übertragung von Rechten aus AECE-Vereinbarungen) auf eine unionsrechtlich einheitliche verbindliche Rege-lung hätten einigen können. Es ist daher fraglich, ob insbesondere in Mitgliedstaaten, in denen eine gerichtliche Verwertung von Sicherheiten nur schwer möglich ist, mit einer wesentlichen Verbesserung zur gegenwärtigen Lage, insbesondere einer Be-schleunigung der Verwertung von Sicherheiten bei Kreditverträgen, gerechnet wer-den kann. Aus DEU Sicht stellt die Richtlinie in der Form der Allgemeinen Ausrichtung keinen wesentlichen Schritt zur Erfüllung der geforderten Maßnahmen nach dem "Action plan to tackle non-performing loans in Europe" des Rates vom 11. Juli 2017 dar."

Courtesy translation

"Germany agrees with the General Approach to the Directive of the European Par-liament and of the Council on the accelerated extrajudicial collateral enforcement (Doc. No. 14261/19 ADD 1). Germany welcomes the fact that an agreement has been reached, but stresses that the proposal does not make a significant contribution to the measures required in the context of the banking union for a sustainable reduction and future avoidance of non-performing loans. The proposal for a directive in the form of a general approach contains a large number of national options (“may” provisions). Germany recognises that without these options an agreement in the Council would in all likelihood not have been possible. However, with that the further desirable harmonisation will not be achieved. From Germany's point of view, for example, it would have been preferable if the Member States had been able to agree on a uniform binding provision under Union law with regard to Article 31 (transfer of rights from AECE agreements). It is therefore questionable whether, especially in Member States where judicial realisation of collateral is difficult, a substantial improvement in the current situation, in particular an acceleration of the realisation of collateral in credit agreements, can be expected. From Germany's point of view, the Directive in the form of the General Approach does not represent a significant step towards fulfilling the required measures under the "Action plan to tackle non-performing loans in Europe" of the Council of 11 July 2017."

Statement by Poland

"Poland abstains from voting on the AECE directive in general, firstly to the very concept of creating an instrument dedicated to the enforcement of debts arising from credits issued by credit institutions. This concept is opposed by constitutional law of the Republic of Poland. In particular it does not comply with the rule of equality before the law and the right to receive equal treatment from public institutions, as declared in a judgment passed by the Constitutional Tribunal on the 15th of April 2015 (P 45/12). A similar instrument was eliminated from Polish law by this judgment even though it diverged from regular procedures only in the lack of an examination of claims by the court and was enforced in a judicial enforcement procedure. Contrary to the viewpoint of the Presidency, this problem cannot be solved by extending the scope of AECE to other debts, because the Constitutional Tribunal has also stated in the abovementioned judgment that conducting enforcement on the basis of a document issued by the creditor is incompatible with the principle of court exclusivity in the exercise of judicial powers, even if the debtor has previously agreed to it.

From the perspective of Poland AECE is also unnecessary, because Polish law does already provide an instrument for a mostly extrajudicial creation of an enforcement title in the form of a submission to enforcement by notarial deed. This instrument is far more flexible than AECE, finds widespread use in practice (including banking) and achieves the primary goal of AECE, which is the omission of an examination of claims by the court, even though it is

enforced in regular judicial procedure. Finally, the harmonisation of enforcement procedures does not seem to be a worthy pursuit in general. National rules on enforcement are both very extensive and substantially different. This means that any attempt at harmonisation at the Union level will, in some aspects in certain countries, compromise the level of protection enjoyed by creditors and may result in lengthier procedures. Therefore, the directive does not even accomplish its main intended purpose, that is strengthening the position of creditors in order to facilitate the trade of debts arising from credits issued by credit institutions and is likely to become dead law."

Joint statement by Estonia and the Netherlands

"According to art 33 para 2 (b) of the directive, the Member States are obliged to collect and communicate to the Commission data on the length of the proceedings from notification to the receipt of the proceeds of the realisation or to the transfer of ownership to the creditor. The signatories do not agree that such data will be used to make conclusions on the efficiency of the enforcement proceedings in Member States since notification is not the starting point of enforcement proceedings. Starting of the enforcement proceeding and also carrying out the proceeding depends on various aspects that are in the creditors' sphere of influence. Those aspects are not and could not be regulated in this Directive. Hence, data collected according to

art 33 para 2 (b) cannot objectively show the efficiency of the enforcement proceedings."

• 58. 

  OLAF's 2018 report: Outcome of proceedings 14356/1/19 REV 1 Endorsement GAF

• 59. 

  OLAF Supervisory Committee's 2018 activity report: Outcome 14357/19 of proceedings GAF

  Endorsement

• 60. 

  Interinstitutional exchange of views (Art. 16 OLAF Regulation): 14358/19

  Mandate for the meeting on 11 December 2019 GAF Endorsement

General Affairs

• 61. 

  Council Decision delegating to the Director of the PMO powers 13925/19 concerning payment of remunerations and mission and 13927/19 authorised travel expenses FIN

  Adoption

• 62. 

  Council Decision appointing two members of the committee of 14306/19 independent eminent persons 13803/19 Adoption INST

• 63. 

  Statute of the European Ombudsman 14420/19 Approval of a letter OMBUDS AG

• 64. 

  Conclusions on complementary efforts to enhance resilience and 14341/19 counter hybrid threats HYBRID Adoption

Justice and Home Affairs

• 65. 

  Conclusions on Europol's cooperation with private parties 14137/19 Adoption 14138/19 ENFOPOL

• 66. 

  Prüm Decisions: Conclusions on automated exchange of 14058/19 dactyloscopic data in the United Kingdom 12513/19 Adoption 12512/19 DAPIX

• 67. 

  Request from Swisscom to integrate PRADO images in its IT 14027/19 application FAUXDOC Information from the Presidency

• 68. 

  Preparation at EU level of the Special Session of the UN 14310/19 General Assembly on corruption COPEN Contribution to the outcome document

  Key elements of the EU UNGASS statement Approval

Foreign Affairs

• 69. 

  CTA Discharge procedure 2018 - ACP-EU Committee 14369/19 Adoption ACP

• 70. 

  Council Decision in support of Ukraine's Efforts to Combat 14245/19 Illicit Trafficking in Weapons, Ammunition and Explosives, in 13394/19 cooperation with the OSCE CORLX Adoption

• 71. 

  Council Decision and Implementing Regulation concerning 14412/19 restrictive measures against the Democratic Republic of the 14197/19 Congo - review 14194/19 Adoption CORLX

Delegated or Implementing Acts

Foreign Affairs

• 72. 

  Commission Delegated Regulation (EU) …/... of 14.10.2019 13085/19 amending Regulation (EU) 2016/1076 of the European 13084/19 Parliament and of the Council in order to include the Union of WTO

  Comoros in Annex I Delegated act - Intention not to raise objections

FRIDAY 29 NOVEMBER 2019

Economic and Financial Affairs

• 73. 

  ECOFIN Report to the European Council on tax issues 14349/19

Endorsement FISC

• 74. 

  Code of Conduct (Business Taxation) 14114/19 a) Report to the Council + ADD 1-10 Endorsement 14115/19

  • b) 

    Conclusions FISC Adoption

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