Council of the
EN
European Union
15303/17
(OR. en)
PRESSE 67
PR CO 67
OUTCOME OF THE COUNCIL MEETING
3581st Council meeting
Transport, Telecommunications and Energy
Telecommunications and Transport issues
Brussels, 4 and 5 December 2017
Presidents
Urve Palo
Minister for Entrepreneurship and Information
Technology of Estonia
Kadri Simson
Minister for Economic Affairs and Infrastructure of
Estonia
P R E S S
Rue de la Loi 175 B – 1048 BRUSSELS Tel.: +32 (0)2 281 6319 / 6319 Fax: +32 (0)2 281 8026
xxxxx.xxxxxx@xxxxxxxxx.xxxxxx.xx http://www.consilium.europa.eu/press
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4 and 5 December 2017
CONTENTS1
ITEMS DEBATED
TELECOMMUNICATIONS ................................................................................................
............... 5
Free flow of data ................................................................................................................................
.. 5
ePrivacy ................................................................................................................................
................ 6
Body of European Regulators for Electronic Communication (BEREC) ................................
............ 6
Other business ................................................................................................................................
...... 7
–
European Electronic Communications Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 7
–
5G roadmap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 7
–
Building strong cybersecurity for the EU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
–
Work programme of the incoming presidency in the field of telecommunications . . . . . . . . . . . . . . . . . . . . . . . .
. 8
TRANSPORT ................................................................................................................................
...... 9
Mobility package I - market access and social aspects ................................................................
........ 9
Mobility package I - road charging ................................................................................................
.... 10
Progress in TEN-T and CEF ................................................................................................
.............. 10
Digitalisation of transport ................................................................................................
.................. 11
Mid-term evaluation of Galileo, EGNOS and the European GNSS Agency ................................
..... 11
Safeguarding competition in air transport ................................................................
.......................... 11
1 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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Other business ................................................................................................................................
.... 12
–
Military mobility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 12
–
Aviation Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 12
–
Connected and automated cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
–
IMO strategy for reducing greenhouse gas emissions from shipping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
–
World Maritime Days (Szczecin, Poland, June 2018) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 12
–
EU summer-time arrangements and recent developments in Finland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 12
–
Mobility package II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 13
–
Rail passenger rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 13
–
Work programme of the incoming presidency in the field of transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 13
OTHER ITEMS APPROVED
TRANSPORT
–
Inland navigation - recognition of professional qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
–
Western Balkans Transport Community Treaty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
–
Cooperative Intelligent Transport Systems (ITS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
ENERGY
–
Risk-preparedness in the electricity sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
ENVIRONMENT
–
Convention on the Conservation of European Wildlife and Natural Habitats . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 16
FOREIGN AFFAIRS
–
European Security and Defence College extension decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 16
–
EU-Georgia relations - EU position for the EU-Georgia Association Council . . . . . . . . . . . . . . . . . . . . . . . . . .
. 17
DEVELOPMENT
–
ACP-EU cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 17
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TRADE
–
Anti-dumping methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
STATISTICS
–
Tools tailored to enhance EU regional policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 18
APPOINTMENTS
–
Panel on judicial appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
INTERNAL MARKET
–
Textiles - polyacrylate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 19
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ITEMS DEBATED
TELECOMMUNICATIONS
Free flow of data
The Council held a policy debate on a draft regulation on the free flow of non-personal data
(presidency background note). The aim of the proposal is to set out a clear legal framework under
which non-personal data could move freely across borders in the EU. To achieve this, it would
remove national rules that currently restrict companies in choosing a location for storing or
processing their data, unless such restrictions are justified on grounds of public security. At the
same time, it aims to ensure that competent authorities have access to data stored or processed in
another member state so that they can carry out their regulatory tasks just as they do when the data
are stored in their own territory.
Ministers welcomed the proposal and stressed its importance for citizens, businesses, public
administrations and the entire economy. They supported a swift agreement on it.
Ministers highlighted the need to have a clearly defined scope, especially as regards personal and
non-personal data. Special attention must be paid to mixed data sets.
They agreed that any restrictions on the free movement of non-personal data should be limited to
clearly defined and duly justified circumstances.
The new rules should not hamper regulatory or judiciary activity of member states.
Effective cooperation mechanisms are needed to facilitate data exchange but they should not create
an additional burden for businesses or administrations.
The presidency said it was hoping for an agreement on this proposal to be reached by the end of the
year.
Digital single market for Europe
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ePrivacy
The Council assessed progress made on a proposal to update privacy rules for electronic
communications (ePrivacy)
(progress report). The draft regulation sets out to ensure a high level of
protection of private life, communications and personal data in the electronic communications
sector. It also aims to create a level playing field for providers of various services and to ensure free
movement of electronic communications data and services in the EU. It will replace the current
ePrivacy directive, which was last updated in 2009, and complement the general data protection
regulation adopted in 2016.
Considerable efforts have been made in the Council working party to advance negotiations on the
proposal as set out in the presidency progress report, but a number of issues still require further
discussion before the Council can form its position.
Body of European Regulators for Electronic Communication (BEREC)
The Council agreed its position, known as a 'general approach', on updating the rules for the Body
of European Regulators for Electronic Communication (BEREC)
(text of the Council general
approach on BEREC). BEREC and its Riga-based BEREC office contribute to the consistent
implementation of EU telecoms rules and provide valuable technical expertise to the national
regulatory authorities (NRAs). A key role of BEREC is to promote the availability and take-up of
very high capacity data connectivity, and safeguard and encourage competition in the provision of
electronic communications networks and services.
For more information, see press release:
Body of European Regulators for Electronic Communication (BEREC): Council agrees its position
Electronic Communications Code
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Other business
–
European Electronic Communications Code
The presidency briefed ministers on the state of play regarding the proposal for a directive
establishing a European Electronic Communications Code
(information note).
It called on the member states to be ready for compromises so that the June 2018 deadline set by the
European Council for an agreement with the European Parliament could be respected.
The presidency also pointed out that the second trilogue, at which significant progress could be
made on spectrum and end user rights, would take place in less than two days.
–
5G roadmap
The presidency provide
d information on a 5G roadmap, which follows up on the 5G ministerial
declaration signed in Tallinn in July 2017. Minister Palo explained that the roadmap expressed a
common political goal and sent a clear message to businesses that were ready to invest in the next
generation of mobile networks. Above all it reinforced the signal to citizens that the European
Union was moving on 5G and continued to be highly committed to establishing the gigabit society
by 2025. The roadmap, which is supported by member states, was signed by Minister Palo.
5G roadmap
–
Building strong cybersecurity for the EU
The presidency briefed ministers on developments regarding cybersecurity.
In September the Commission presented a cybersecurity package - a comprehensive and ambitious
set of documents aiming to boost the EU's cybersecurity.
On 20 November the Council adopte
d conclusions on strengthening cybersecurity which set the
framework for future work in this field.
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An action plan is being prepared to specify the building blocks of the cybersecurity agenda, setting
clear objectives, identifying lead actors and indicating deadlines.
–
Work programme of the incoming presidency in the field of telecommunications
The incoming Bulgarian presidency presented its work programme.
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TRANSPORT
Mobility package I - market access and social aspects
Ministers welcomed th
e progress report on the work undertaken under the Estonian presidency on
the social and market pillars of the first mobility package.
Delegations underlined the importance of leaner, clearer and harmonised rules as well as better
working conditions for drivers. They highlighted the fact that transport is both an essential pillar for
the functioning of the internal market and an important economic sector in itself – a sector that
needed a solid framework which avoided overregulation and at the same time allowed for effective
control of social and market rules.
Several ministers referred to the compromise that social affairs ministers were able to reach on the
posting of workers directive in the October 2017 EPSCO Council, and pointed out that a lot of work
still needed to be done for transport-specific rules in this respect.
Many delegations took the view that if social rules were harmonised and enforced more thoroughly,
then the market for domestic haulage operations (cabotage) would also need steps towards
liberalisation. Many other delegations took the opposite position and underlined the diversity of
aspects influencing the competitive environment.
As regards rest-time rules, many delegations welcomed the general direction of the Commission
proposal. However, views diverged as regards the flexibility needed for operators and for drivers,
while all agreed on the importance of road safety as a central concern.
Regarding more effective control, delegations agreed that administrative cooperation needed to be
intensified, also in respect of 'letterbox companies' and that roadside checks should be able to use
electronic documents and information from smart tachographs. Concerning this latter aspect, a
number of delegations advocated a quicker roll-out of smart tachographs in European fleets.
Finally, concerning the overhaul of the directive on hired vehicles, good progress was noted, but
several delegations expected additional safeguards to be built into the proposal in order to cushion
negative effects.
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Mobility package I - road charging
Ministers held a policy debate on the road charging proposals of the first mobility package
(background paper).
Member states supported the use of 'polluter pays' and 'user pays' principles to promote clean
mobility, but expressed differing views on how to put them into practice.
Regarding the proposed extension of the scope of the Eurovignette directive to cover all vehicles,
some agreed with the Commission that all vehicle categories should be included, some others
preferred to exclude buses and coaches as means of public transport to fight congestion, while
others would like to treat passenger cars differently.
While the Commission has proposed introducing a distance-based charging system, which
ultimately would replace all time-based systems, member states expressed their preference for
keeping the flexibility to choose the kind of system that best suited their individual characteristics.
Delegations generally agreed on the principle of road charging revenues being reinvested for the
benefit of road users but wanted to keep the flexibility to decide on the redeployment of these
revenues according to their own priorities. Furthermore, certain member states indicated that
earmarking of revenues would be contradictory to their national budgetary and legal arrangements.
A large number of ministers welcomed the proposal to introduce an interoperable electronic tolling
system. Many delegations also expressed their backing for reinforcing cross-border exchange of
information on unpaid toll fees to step up enforcement.
The views expressed by ministers will provide input for further work on these proposals.
Progress in TEN-T and CEF
The Council adopted conclusions on the progress of the Trans-European Transport Network (TEN-
T) and the Connecting Europe Facility (CEF) for transport. The conclusions take stock of the
implementation to date of both TEN-T and CEF for transport, and examine the future investment
needs and priorities for EU transport infrastructure.
Council conclusions on the progress of the Trans-European Transport Network (TEN-T)
implementation and the Connecting Europe Facility for transport
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Digitalisation of transport
The Council adopted conclusions on the digitalisation of transport. The conclusions underline the
importance of this issue for the European economy and competitiveness, and confirm the EU's
ambition to become a global leader in this area. They propose the elimination of the obstacles to
acquiring a seamless and more effective multimodal transport system in Europe. The Commission is
invited to develop a comprehensive digitalisation strategy for the transport sector in the first quarter
of 2019.
Council conclusions on the digitalisation of transport
Mid-term evaluation of Galileo, EGNOS and the European GNSS Agency
The Council adopted conclusions on the report by the Commission containing a mid-term
evaluation of Galileo, EGNOS and the performance of the European GNSS Agency. The
conclusions underline the strategic importance of Europe's satellite navigation systems and set out a
number of recommendations on their implementation and evolution.
Council conclusions on "The Mid-term Evaluation of the Galileo and EGNOS programmes and of
the performance of the European GNSS Agency"
Safeguarding competition in air transport
The Council assessed progress made on the proposed regulation on safeguarding competition in air
transport
(progress report). The proposal, presented by the Commission in June, aims to ensure fair
competition between EU airlines and third-country carriers while maintaining conditions conducive
to a high level of connectivity.
Several ministers underlined the need for legal clarity in this area. Delegations highlighted different
aspects to be taken into account such as the need to ensure air connectivity, especially in peripheral
regions, the need to have an efficient tool for fair competition to replace the current one which is
not enforceable, and making sure that traffic rights are excluded from the regulation and that the
new regulation will not undercut member states' bilateral agreements with third countries.
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Other business
–
Military mobility
The Commission provided information on
a joint communication on improving military mobility in
the European Union.
–
Aviation Strategy
The Commission provided information on the implementation of the Aviation Strategy for Europe,
which was adopted in December 2015.
–
Connected and automated cars
The German delegation provided information on the second high-level dialogue on automated and
connected driving that took place in September 2017 in Frankfurt am Main.
–
IMO strategy for reducing greenhouse gas emissions from shipping
The French delegation provided information on a declaration calling on the International Maritime
Organisation (IMO) to adopt an ambitious strategy in 2018 for reducing greenhouse gas emissions
from shipping.
–
World Maritime Days (Szczecin, Poland, June 2018)
The Polish delegation provided information on the IMO World Maritime Days that will take place
in Szczecin, Poland, in June 2018
(information note).
–
EU summer-time arrangements and recent developments in Finland
The Finnish delegation provided information on EU summer-time arrangements and recent
developments in Finland.
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–
Mobility package II
The Commission presented its second mobility package, which was published in November.
Europe on the Move: Commission takes action for clean, competitive and connected mobility
–
Rail passenger rights
The presidency briefed ministers on the state of play of a draft regulation on rail passenger rights.
–
Work programme of the incoming presidency in the field of transport
The incoming Bulgarian presidency presented its work programme.
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OTHER ITEMS APPROVED
TRANSPORT
Inland navigation - recognition of professional qualifications
The Council adopted a
directive on the recognition of professional qualifications in inland
navigation.
For more information, see press release
: EU inland navigation sector to have a common system of
professional certificates – Council adopts legal act
Western Balkans Transport Community Treaty
The Council approved the EU position with a view to the first meeting of the Ministerial Council of
the Transport Community between the EU and the Western Balkans, which is scheduled to take
place in Brussels on 6 December.
The signing procedure for the Treaty on the Transport Community was finalised on 9 October 2017.
So far, the EU, Albania, Bosnia and Herzegovina and Kosovo
* have agreed to apply the treaty
provisionally. Serbia has recently finalised its ratification procedure. Consequently, the treaty
applies provisionally among these parties, pending official notification by Serbia.
Cooperative Intelligent Transport Systems (ITS)
The Council took a decision aimed at extending by a further five years the delegation of power to
the Commission in respect of directive 2010/40/EU on the deployment of Intelligent Transport
Systems
(PE-CONS 52/17).
*
This designation is without prejudice to positions on status, and is in line with UNSCR 1244
(1999) and the ICJ Opinion on the Kosovo declaration of independence.
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Directive 2010/40/EU grants the Commission the power to adopt measures in respect of the
specifications necessary to ensure the compatibility, interoperability and continuity for the
deployment and operational use of ITS in the following priority areas:
•
optimal use of road, traffic and travel data
•
continuity of traffic and freight management ITS services
•
ITS road safety and security applications
•
linking the vehicle with the transport infrastructure
The delegation of power for an additional period of five years started on 27 August 2017. This
period will be tacitly extended for further periods of five years, unless the European Parliament or
the Council opposes this.
ITS integrate telecommunications, electronics and information technologies with transport
engineering in order to plan, design, operate, maintain and manage transport systems.
The application of information and communication technologies to the road transport sector and its
interfaces with other modes of transport significantly helps improve the environmental
performance, efficiency, safety and security of road transport.
ENERGY
Risk-preparedness in the electricity sector
The Council adopted a negotiating position
(general approach) on the
proposal for a regulation on
risk-preparedness in the electricity sector, repeali
ng directive 2005/89/EC.
The proposed regulation sets out a common framework of rules on how to prevent, prepare for and
manage electricity crisis situations. It aims to ensure cooperation between member states in a spirit
of solidarity, enhancing transparency in the preparation phase and during an electricity crisis, and
respects the requirements of a competitive internal market for electricity.
This regulation also provides a framework for more systematic monitoring of security of supply
issues. It contributes to the revised Third Energy Package by ensuring that, even in crisis situations,
priority is given to market-based measures and markets can work as long as possible.
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EU ambassadors approved the Council's negotiating position during the meeting of the Permanent
Representatives Committee held on 16 November. Now it is formally endorsed at ministerial level.
Negotiations with the European Parliament will start next semester under the Bulgarian presidency
of the Council of the EU.
ENVIRONMENT
Convention on the Conservation of European Wildlife and Natural Habitats
The Council adopted a decision on the position to be taken, on behalf of the EU, at the 37th meeting
of the Standing Committee of the Convention on the Conservation of European Wildlife and
Natural Habitats with regard to an amendment to Appendix II to the Convention
(14671/17 +
COR1). The Standing Committee of the Convention will meet in Strasbourg from 5 to 8 December
2017.
The EU will support the addition of the Balkan lynx,
Lynx lynx ssp.
balcanicus,
to Appendix II to
the Convention to ensure the special protection of this subspecies.
The Council of Europe's Convention on the Conservation of European Wildlife and Natural
Habitats (Bern Convention) aims to conserve European wild flora and fauna and their natural
habitats. It entered into force on 1 June 1982 and the EU and all its member states are parties to it.
For more details on the Bern Convention clic
k here.
FOREIGN AFFAIRS
European Security and Defence College extension decision
The Council adopted a decision on the budgetary impact statement for the European Security and
Defence College covering the period from 1 January 2018 to 31 December 2018.
The Council also decided to publish the above-mentioned decision in the Official Journal.
European Security and Defence College
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EU-Georgia relations - EU position for the EU-Georgia Association Council
The Council adopted the position of the EU, a provisional agenda and an orientation note on key
messages for the fourth meeting of the EU-Georgia Association Council which will take place in
Brussels on 8 December 2017.
EU relations with Georgia
DEVELOPMENT
ACP-EU cooperation
The Council adopted a decision to improve the functioning of the system of financial support in the
event of exogenous shocks affecting African, Caribbean and Pacific (ACP) countries by
implementing article 68 of the Cotonou agreement.
The partnership agreement between the members of the ACP group of states and the EU was signed
in Cotonou in 2000. It entered into force on 1 April 2003.
The agreement provides for the possibility to mobilise additional financial support from the
European development fund reserve for unforeseen needs, in order to mitigate the short-term
adverse effects resulting from exogenous shocks, including the effects on export earnings, and
safeguard the socioeconomic reforms and policies jeopardised by the drop in revenue.
TRADE
Anti-dumping methodology
The Council approved new rules aimed at protecting the EU against unfair trade practices. They
will enter into force on 19 December.
The new legal framework removes the former distinction between market and non-market
economies for calculating dumping while maintaining the same level of protection for producers.
The Commission will now need to prove the existence of a 'significant market distortion' between a
product's sale price and its production cost. On that basis, it will be allowed to set a price for the
product by referring, for example, to the price of the good in a country with similar levels of
economic development or to relevant undistorted international costs and prices.
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The Commission will also draft specific reports on countries or sectors, describing distortions. In
line with current practice, it will be for EU firms to file complaints, but they will be able to use the
Commission’s reports to support their case.
S
ee press release
STATISTICS
Tools tailored to enhance EU regional policy
The Council agreed to amend the EU's common classification of territorial units for statistics
(NUTS) in order to improve the collection, compilation and dissemination of data across the Union
(PE-CONS 49/17).
The decision follows an agreement reached with the European Parliament aimed at increasing the
efficiency of statistics through the use of common definitions.
It is important that decisions to reduce disparities between European regions and areas are taken on
the grounds of a consistent and harmonised evidence-based policy.
The new regulation is a step forward for the production of reliable and comparable data.
The
NUTS classification is a hierarchical system for dividing up the economic territory of the EU
for the purpose of helping European regions.
In particular, this review integrates the territorial typologies into the current NUTS regulation.
The degree of urbanisation typology is used, for instance, to define eligibility for European
Regional Development Fund support for innovative actions in cities or towns and suburbs.
The EU's statistical office, Eurostat, publishes many statistics on a wide range of subjects at
regional level in accordance with the NUTS regulation. These statistics are useful in the context of
EU territorial development policies.
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APPOINTMENTS
Panel on judicial appointments
The Council appointed the following persons as members of the panel on judicial appointments to
the Court of Justice and the General Court from 1 March 2018:
•
Mr Christiaan Timmermans (president)
•
Mr Simon Busuttil
•
Mr Frank Clarke
•
Mr Carlos Lesmes Serrano
•
Ms Maria Eugénia Martins de Nazaré Ribeiro
•
Mr Andreas Vosskuhle
•
Mr Mirosław Wyrzykowski
The panel's task is to give an opinion on candidates' suitability to perform the duties of Judge and
Advocate-General of the Court of Justice and the General Court before the governments of the
member states make the appointments. The members of the panel have a four-year term of office.
INTERNAL MARKET
Textiles - polyacrylate
The Council did not oppose a Commission regulation aimed at amending regulation 1007/2011 on
textile names and labelling to include a new textile fibre name (polyacrylate)
(13662/17 and
13662/17 ADD 1).
Regulation 1007/2011 lays down rules on:
(i)
the use of textile fibre names and related labelling and marking of fibre composition of
textile products;
(ii)
the labelling or marking of textile products containing non-textile parts of animal origin;
and
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(iii)
the determination of the fibre composition of textile products by quantitative analysis of
binary and ternary textile fibre mixtures.
The aim is to improve the functioning of the single market and to provide accurate information to
consumers.
The application to include polyacrylate as a new textile fibre name was submitted in January 2014.
The Commission examined the application and acknowledged that it complied with the criteria set
out in the regulation.
The draft regulation is a delegated act. Now that the Council has expressed no objections, it will
enter into force if the European Parliament does not object.
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