Council of the
European Union
Brussels, 25 May 2018
(OR. en)
9326/18
CRS CRP 15
SUMMARY RECORD
PERMANENT REPRESENTATIVES COMMITTEE (Part 2)
25 and 27 April 2018
I.
Adoption of the agenda
8239/1/18 REV 1 OJ CRP2 15 COMIX 203
8234/18 OJ CRP1 15
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 2)
Justice and Home Affairs
2.
Regulation establishing a European Travel Information and
7986/18
Authorisation System (ETIAS)
Analysis of the final compromise text with a view to agreement
The Committee endorsed the text of the final compromise and mandated the Presidency to
inform the European Parliament that, should the European Parliament adopt its position at
first reading in accordance with this compromise (subject to revision by the legal linguists),
the Council would approve the European Parliament's position and the act shall be adopted.
9326/18
1
DPG
EN
Statement by Belgium, Germany, Denmark and Sweden
"Declaration by Belgium, Germany, Denmark and Sweden on article 75 of the regulation
establishing a European Travel and Information and Authorisation System (ETIAS)
The wording of article 75 of the ETIAS-regulation reads:
“The revenues generated by the ETIAS shall constitute internal assigned revenue in
accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012. They shall be
assigned to cover the costs of the operation and maintenance of the ETIAS. Any revenue
remaining after covering these costs shall be assigned to the Union budget.” While acknowledging the possibility to specify revenue as internal assigned revenue in the
EU-budget according to article 21(4) of the financial regulation, Belgium, Germany, Denmark
and Sweden would like to highlight the special character of the agreement to define fees
generated by ETIAS as internal assigned revenue in the EU-budget, also considering that
these fees could have constituted revenue for Member States.
As such, Belgium, Germany, Denmark and Sweden would like to clarify that the current
agreement should be seen as a pragmatic solution for financing operational and maintenance
costs for the ETIAS by fees generated. At the same time, Belgium, Germany, Denmark and
Sweden consider that the revenue remaining after covering these costs is only assigned to the
EU-budget in the sense that they increase the general revenue of the EU-budget and that the
agreement doesn’t provide for any possibility to use remaining revenue for other expenditures
in the EU-budget. Belgium, Germany, Denmark and Sweden ask the Commission to take this
into consideration in future budgetary proposals.
Finally, Belgium, Germany, Denmark and Sweden emphasize that the agreement on article 75
of ETIAS is strictly without prejudice to any future discussions on the financing of the EU-
budget, whether this concerns so called internal or external resources, and reminds all parties
that such discussions fall under the competency of the Council and are decided with
unanimity among Member States."
3.
Preparation of the fifth Euro-African Ministerial Conference on
Migration and Development (Rabat Process)
Policy debate
The Committee took note that there is no consensus on the texts of the Marrakesh Ministerial
meeting, and that one delegation not to subscribe the Political Declaration and Action Plan
and therefore not to be mentioned in the list of signing parties. This being the case, the two
documents will commit only the 27 Member States who are part of the Rabat Process and the
reference in the text to the European Union should be deleted. The representatives of the
European Commission and of the High Representative present at the meeting can also be
mentioned in the Declaration. Belgium, as chair of the Rabat Process, was asked to ensure
that those changes are applied to the text.
9326/18
2
DPG
EN
Foreign Affairs
4.
Post-Cotonou - Negotiating mandate
8062/18 + ADD 1
State of play and way forward
The Committee held an exchange of views on the abovementioned topic and agreed to return
to this issue at one of its forthcoming sessions.
Statement by the Commission
"I. Declaration on the inclusion of a substantive legal base in the proposal for a Council
Decision authorising the opening of negotiations on a Partnership Agreement with the
countries of Africa, the Caribbean and the Pacific (ACP)
The Commission states that it disagrees with the inclusion of a substantive legal base for
opening the negotiations of the Partnership Agreement between the European Union and the
countries of the African, Caribbean and Pacific Group of States, considering it unnecessary,
as the legal base will be determined at the end of the negotiations on the basis of the scope
and content of the Agreement.
If it were for a substantive legal base to be included in the decision, then, in accordance with
case-law, Article 217 TFEU is the sole appropriate legal base, given its all-encompassing
nature. It empowers the Union to undertake commitments towards non-member countries in
all fields covered by the Treaties, including CFSP. The Commission states that it disagrees
with the addition of Article 37 TEU as a substantive legal base for opening of negotiations of
the Partnership Agreement between the European Union and the countries of the African,
Caribbean and Pacific Group of States.
II. Declaration on the introduction of alternative language in Article 1 of the proposal for a
Council Decision authorising the opening of negotiations on a Partnership Agreement with
the countries of Africa, the Caribbean and the Pacific (ACP), to the effect that the Partnership
Agreement is determined as "mixed"
The Commission reiterates its opinion that the final legal nature of the Agreement will be
determined at the end of the negotiations on the basis of the scope and content of the
Agreement.
III. Declaration on the addition of separate intergovernmental Decision of the Representatives
of the Governments of Member States, meeting within the Council, relating to the
competences of the EU Member States
The Commission states that the proposed adoption of a Decision of the Representatives of the
Governments of the Member States, meeting within the Council, goes beyond the Treaties,
and should therefore be the subject of a specific decision by the Commission, on whether to
accept or not to negotiate on behalf of the Member States. Member States would have to
authorise, in accordance with their constitutional requirements, the Commission to negotiate
on their behalf."
9326/18
3
DPG
EN
General Affairs
5. Meeting of the Council (General Affairs) on 14 May 2018:
Agenda
The Presidency presented the main points on the agenda.
6. Relations with the EP (April 2018)
Debriefing
The above-mentioned item has been withdrawn.
7. MFF post 2020 - Involvement of the European Parliament in
8172/18
the preparatory work of the MFF post 2020
Information from the Presidency
The Committee took note of the information provided by the Presidency.
8. Preparation for the MFF post 2020
Information from the Commission
The Committee took note of the information provided by the Commission. Following a
brief discussion on the request of one delegation regarding the provision of interpretation
on demand during the proceedings of the working party dealing with the MFF, the
Presidency concluded that the situation was unchanged, but it would continue to reflect
on the matter.
Economic and Financial Affairs
9.
Facility for Refugees in Turkey - Financing of the second
tranche
Political Endorsement
The Committee continued its exchange of views on the financing of the second tranche of the
Facility for Refugees in Turkey and agreed to return to this issue one of its forthcoming
sessions.
9326/18
4
DPG
EN
General Affairs
10. Regulation establishing the European Defence Industrial
8143/18 + ADD 1
Development Programme (EDIDP)
Preparation for the trilogue
The Committee held an exchange of views on the abovementioned topic and agreed to return
to this issue at its next session.
Statement by Austria
"As regards Art. 7 draft EDIDP regulation, AT fully agrees with the need to ensure that the
results of the actions supported remain at the disposal of the Union and its MS. However, the
provision has to comply with EU legal principles, in particular the principles of effectiveness
and of legal certainty.
At the same time, legal scrutiny of the provision by Austria came to the conclusion that the
use of the term “guarantee” proposed in Art. 7 para 1 lit c is legally problematic, which
already has been raised by Austria in preparation of this COREPER meeting. In particular,
Austria sees the risk that the ECJ interpretation on this term would result in legal
consequences, in particular liabilities for Member States.
In order to avoid the risk that the provision in question cannot be applied by Member States, a
legal examination by Commission and Council Legal Service would be important for
Austria."
11. Reform of the Electoral Act
8247/18
Decision to use the written procedure
The Committee agreed to delay the decision on the use of the written procedure in order to
allow more time for one delegation to clear its parliamentary reservation. The Committee also
took note of the Presidency's indication that, in line with the advice of the Legal Service, the
Council will proceed with a replacement and repeal of the existing electoral act, rather than
with a mere amending act.
9326/18
5
DPG
EN
Statement by Belgium
"The proposal based on Article 223 TFEU put forward on 11 November 2015 by the
European Parliament for a Council Decision adopting the provisions amending the Act
concerning the election of the members of the European Parliament by direct universal
suffrage (the 'Electoral Act'), has been discussed at length in the Council. Establishing an
obligatory minimum threshold has been the last outstanding issue before reaching consensus
among Member States.
Along with several other delegations, Belgium has consistently argued in favour of a
facultative threshold since this would uphold the prospect of preserving political – as well as
cultural and linguistic diversity, cfr. Art. 3 TEU - diversity within the European Parliament. It
would also ensure trust in our citizens by protecting their ability to vote for smaller parties
who would have a greater chance of gaining European political representation, and have the
voice of the citizens they represent heard within Parliament.
Belgium is not in the capacity to pronounce itself on the compromise proposal with regard to
the obligatory threshold. Therefore Belgium will abstain and not object the consensus."
9326/18
6
DPG
EN
COREPER (PART 1)
Internal Market and Industry
27. Regulation on the Single Digital Gateway
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 23 April 2018.
Energy
28. Regulation on governance of the Energy Union
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 April 2018.
Youth
29. Regulation on the European Solidarity Corps (ESC)
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 24 April 2018.
Internal Market and Industry
30. Directive on copyright in the Digital Single Market
8145/18
Mandate for negotiations with the European Parliament
The Committee had an exchange of views and agreed to revert.
IV. Any other business
COREPER (PART 2)
US trade measures
The Committee took note of the information provided by the Commission. This item was held
in a restricted session.
COREPER (PART 1)
None.
9326/18
7
DPG
EN
ANNEX
"I" items approved
COREPER (PART 2)
Economic and Financial Affairs
12. ECA SR No 8/2018 on EU support for productive investments
7942/18
in businesses
FIN
Designation of a Working Party
13. Mobilisation European Globalisation Adjustment Fund
7858/18
(EGF/2017/010 BE/Caterpillar)
FIN
Transfer No DEC 05/2018 (Section III - Commission)
Approval
14. Mobilisation European Globalisation Adjustment Fund
7826/18
(EGF/2018/000 TA 2018)
FIN
Transfer No DEC 06/2018 (Section III - Commission)
Approval
15. Transfer No DEC 7/2018 (Section III - Commission)
8123/18
Approval
FIN
16. Transfer No DEC 8/2018 (Section III - Commission)
8125/18
Approval
FIN
17. Transfer No DEC 9/2018 (Section III - Commission)
8126/18
Approval
FIN
18. Cooperation between the European Parliament and the Council
8099/18
during the annual discharge procedure
FIN
Endorsement
19. Council position on draft amending budget No 1/2018
8107/18
Adoption
FIN
20. Decision on the mobilisation of the EU Solidarity Fund for
8108/18
Greece, Spain, France and Portugal
FIN
Adoption
21. Draft joint statement on the dates for the budgetary procedure
7984/18
and modalities for the functioning of the Conciliation
FIN
Committee in 2018
Approval
9326/18
8
DPG
EN
General Affairs
22. EP Resolutions and decisions (April 2018)
8035/18
PE-RE
Foreign Affairs
23. Council conclusions on Court of Auditors' Special Report on
7952/18
Assistance to Myanmar/Burma
DEVGEN
Adoption
24. European Union's position for the 4th EU-Republic of Moldova
8152/18
Association Council (Brussels, 3 May 2018)
COEST
Decision to use the written procedure for the adoption
WTO
Other items
25. Interim approval of a cryptographic product
8006/18
R-UE
Approval
CSCI
CSC
26. Renewal of Agreement between Euratom and KEDO
7886/18
Adoption
7884/18
R-UE
ATO
9326/18
9
DPG
EN
COREPER (PART 1)
Institutional Affairs
Written questions
31. Replies to questions for written answer submitted to the Council
8136/18
by Members of the European Parliament
PE-QE
Adoption by silence procedure
a)
Rachida Dati (PPE)
8157/18
'Selection criteria for projects under Permanent Structured
Cooperation'
b) Sophia in 't Veld (ALDE) and Thierry Cornillet (ALDE)
7602/18
'US tax reform affecting EU citizens and SMEs'
c)
Marina Albiol Guzmán (GUE/NGL)
8008/18
'List of EU tax havens and exclusion of Panama'
d) Jadwiga Wiśniewska (ECR)
7604/18
'Cross-border placement of children in foster families'
e)
Josef Weidenholzer (S&D)
7605/18
'Death of Madina Hussiny at the Croatia-Serbia border'
f)
Brian Crowley (ECR)
7493/18
'Regulation of vulture funds'
Other
32. Seven members of the Management Board of the European
7957/18
Food Safety Authority: selection and voting procedure
AGRILEG
Endorsement
Agriculture
33. Decision on EU seed equivalence for Brazil and the Republic of
7841/18 + COR 1
Moldova
+ ADD 1
Mandate for negotiations with the European Parliament
AGRILEG
SEMENCES
9326/18
10
DPG
EN
Fisheries
34. Council Decision denouncing the Partnership Agreement with
7843/18 + ADD 1
the Union of the Comoros
14423/17
Adoption
PECHE
Delegated or Implementing Acts
Transport
35. Commission Regulation (EU) …/… of XXX amending
8100/18
Regulation (EU) No 1178/2011 as regards the automatic
6979/18
validation of Union flight crew licences and take-off and landing
TRANS
training
Decision not to oppose adoption
9326/18
11
DPG
EN
Document Outline