Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015

Europaudvalget 2015-16
Rådsmøde 3436 - transport, tele og energi
Offentligt

Council of the

European Union

15221/15

(OR. en)

PRESSE 79

PR CO 71

OUTCOME OF THE COUNCIL MEETING

3436th Council meeting

Transport, Telecommunications and Energy

Brussels, 10 and 11 December 2015

Presidents

François Bausch

Luxembourg's Minister for Sustainable Development and

Infrastructure

Xavier Bettel

Luxembourg's Prime Minister and Minister for

Communications and the Media

PRESS

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

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

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

CONTENTS

ITEMS DEBATED

TRANSPORT ...................................................................................................................................... 4

Social aspects in road transport ............................................................................................................ 4

Other business ...................................................................................................................................... 5

–

State of the Energy Union ....................................................................................................................................... 5

Aviation strategy ..................................................................................................................................................... 5

Investigation into the crash of flight MH17 ............................................................................................................ 6

ICAO Council elections .......................................................................................................................................... 6

Railway rolling stock - Luxembourg protocol......................................................................................................... 6

Transport security .................................................................................................................................................... 7

Incoming presidency's work programme in the field of transport ........................................................................... 7

TELECOMMUNICATIONS ............................................................................................................... 8

Web accessibility ................................................................................................................................. 8

Network and information security ....................................................................................................... 8

Review of EU telecoms rules ............................................................................................................... 9

Other business .................................................................................................................................... 10

–

Internet governance ............................................................................................................................................... 10

Transatlantic Trade and Investment Partnership agreement .................................................................................. 10

Incoming presidency's work programme in the field of telecommunications ....................................................... 11



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.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

OTHER ITEMS APPROVED

TRANSPORT

–

Railway safety and interoperability and the European Railway Agency ............................................................... 12

Carriage of hazardous and noxious substances by sea .......................................................................................... 13

FOREIGN AFFAIRS

–

World Humanitarian Summit preparatory process ................................................................................................ 14

EU-Moldova Association Council - EU position on enforcement of the title V ................................................... 15

Promotion of effective arms export controls ......................................................................................................... 15

COMMON SECURITY AND DEFENCE POLICY

–

Budget of European Security and Defence College .............................................................................................. 16

ECONOMIC AND FINANCIAL AFFAIRS

–

Value added tax ..................................................................................................................................................... 16

JUSTICE AND HOME AFFAIRS

–

Hague convention on the civil aspects of international child abduction ................................................................ 16

AGRICULTURE

–

Financial instruments in rural development - Report from the European Court of Auditors ................................ 17

Technical assistance for agriculture - Report from the European Court of Auditors ............................................ 18

FOOD LAW

–

Food flavourings - Maximum levels of tropane alkaloids ..................................................................................... 19

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

ITEMS DEBATED

TRANSPORT

Social aspects in road transport

The Council held a policy debate on social aspects in road transport. The presidency had prepared a

background document

highlighting the issues of divergent interpretation and enforcement of the

current rules by member states.

Ministers considered in general that there was no need for a complete revision of the existing rules.

They stressed the importance of guaranteeing the stability of the legal framework.

A large number of ministers pointed out that differences in interpretation mostly related to the rules

on cabotage and the organisation of hauliers' working time and rest periods. As a result, for

example, many lorry drivers currently spend their weekly rest period in the cabin of their vehicle in

a car park. These different interpretations undermine social standards, create legal uncertainty and

cause fragmentation of the single market for road transport. Several ministers said that the rules

should be clarified in this regard.

As regards enforcement, ministers agreed that member states should organise frequent and regular

roadside checks and strengthen administrative cooperation between national enforcement bodies in

order to tackle fraud at the root. This includes investigating 'letterbox' companies. They asked the

Commission to play a key role in arranging this cooperation.

Some member states also mentioned the need to extend the scope of current legislation to light-duty

vehicles (below 3.5 tonnes) in order to ensure a level playing field in the internal market. These

vehicles are increasingly being used for the international transport of goods and passengers, but

they are currently not covered by EU-wide legislation.

Many ministers were against further liberalisation of cabotage as long as current differences in

interpretation and social standards persist.

A number of ministers expressed their concerns about the security and safety of lorry drivers in the

context of the current movement of refugees.

The presidency will send its conclusions from the discussion to the Commission, which is currently

reviewing all road legislation to see what initiatives are needed under a new 'road package' in 2016.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

Other business

–

State of the Energy Union

Commission Vice-President Maroš Šefčovič briefed ministers on the latest developments regarding

the energy union. The Commission released its first

State of the Energy Union

report on 18

November 2015. The report also highlights the EU's contribution to the Paris climate conference

COP21.

As the transport sector is a major source of greenhouse gas emissions, the Commission intends to

issue a communication on the decarbonisation of EU transport in 2016. The communication will

cover all modes of transport. It is to be followed by a number of proposals, including on CO2

emission standards for cars and vans, fair and efficient pricing, and market access rules for road

transport.

Efforts are also being made to improve the enforcement of existing rules. These relate for instance

to the testing systems for greenhouse gas emissions and certain air pollutants. New proposals are

being prepared to strengthen the type approval and market surveillance system.

State of the Energy Union – Commission information note

–

Aviation strategy

Commissioner Violeta Bulc presented the

aviation strategy for Europe,

which was adopted by the

Commission on 7 December 2015.

The overarching goal of the strategy is to strengthen the competiveness and sustainability of the

entire EU air transport value network. This is to be achieved by tapping into growth markets,

including in the Asia-Pacific region, tackling capacity constraints and improving efficiency and

connectivity. At the same time, the EU's high safety and security standards are to be maintained,

and efforts are to be made to reduce aviation's environmental footprint.

The strategy includes a proposal for the revision of the EU aviation safety regulation, with new

draft rules on civilian drones. The Commission also intends to request mandates to negotiate EU-

level comprehensive air transport agreements and two safety agreements with some key non-EU

countries.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

–

Investigation into the crash of flight MH17

The Netherlands delegation briefed ministers on the outcome of the investigation carried out by the

Dutch Safety Board in the wake of the crash of flight MH17 in Ukraine in July 2014. The Board

published a report on the causes of the crash and the issue of flying over conflict zones in October

2015.

According to the Dutch Safety Board, all parties involved in civil aviation – states, international

aviation organisations such as the International Civil Aviation Organisation (ICAO) and the

International Air Transport Association (IATA), and air operators – should share more information

about conflict zones and potential threats to civil aviation. More attention should be paid to the day-

to-day evolution of conflict in disputed areas. States involved in armed conflict ought to be given

more incentives and better support to safeguard the safety of their airspace. In addition, the Dutch

Safety Board is of the opinion that air operators should be accountable to the public for their flight

routes.

The Netherlands delegation invited member states to express their support for the Board’s

recommendations and to contribute actively to the preparation of a common European stance in the

ICAO on the questions raised with regard to flying over conflict zones.

–

ICAO Council elections

The Council took note of information provided by the Bulgarian delegation on the position taken by

the European Civil Aviation Conference (ECAC) on candidates for the election of the ICAO

Council for 2016-2019. The Bulgarian delegation was supported by the Cyprus, Czech, Greek,

Hungarian, Lithuanian, Polish, Romanian, Slovenian and Slovak delegations. Together, these

countries make up the Central European Rotation Group in the system for allocating seats in the

ICAO Council.

Facing the possible loss of their seat in the upcoming election, these member states encourage

efforts to avoid a situation in which a group of EU countries is excluded from the ICAO Council,

and to seek and promote a long-term solution that is fair and acceptable for all EU member states.

–

Railway rolling stock - Luxembourg protocol

The presidency briefed ministers on the state of ratification of the Luxembourg protocol to the

convention on international interests in mobile equipment on matters specific to railway rolling

stock.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

The aim of the protocol is to encourage the necessary investment in the railway sector. It seeks to

make it easier to acquire rolling stock and obtain funding for it. It creates an international electronic

The protocol was adopted at the end of a diplomatic conference in Luxembourg in 2007. The EU

signed it in 2009, but it cannot enter into force until a sufficient number of member states have

ratified it.

The presidency therefore encourages member states to proceed with ratification.

–

Transport security

The Commission updated ministers on initiatives related to transport security. In the light of the

recent terrorist attacks, from the Thalys incident in August to the latest events in Paris,

consideration has been given to the need to review transport security policy. Initiatives and

discussions have extended from railway security to air transport and shipping as well as

cybersecurity in transport.

While putting forward few concrete proposals, the Commission indicated that it was committed to

taking a proportionate, risk-based approach to security in the transport sector while keeping it open,

accessible and convenient.

–

Incoming presidency's work programme in the field of transport

The incoming Netherlands presidency presented its transport work programme for the first half of

2016.

The presidency's priorities include facilitating discussions on issues under the aviation strategy. It

aims to conclude talks with the European Parliament on the market pillar of the fourth railway

package and the proposal on port services.

The presidency will host an aviation summit on 20 and 21 January. It will hold a joint informal

meeting of environment and transport ministers from 14 to 16 April on the topic of intelligent

transport systems and self-driving cars. It invited all ministers to participate in both events.

The only formal Transport Council meeting under the Netherlands presidency is scheduled for June.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

TELECOMMUNICATIONS

Web accessibility

The presidency presented a

progress report

on the proposed rules to make public sector websites

more accessible. The work has now reached the point where the presidency intends to request a

negotiating mandate at the meeting of the Permanent Representatives Committee (Coreper) on 18

December. This would enable the incoming presidency to launch talks with the European

Parliament in early 2016, with a view to reaching an agreement before the Council meeting in May

2016.

The draft directive aims to make EU-standardised accessibility features mandatory for certain types

of public sector body websites. Member states would be free to apply the requirements to content or

websites not covered by the directive.

Under the new rules, certain principles and techniques that make web content more easily usable are

to be applied when creating websites. For example, websites should be compatible with assistive

technologies such as screen readers, which convert text to speech. Providing an easy way to

increase font size is crucial for those with limited vision, and can also improve the browsing

experience for any user.

These rules will thus benefit all users, with or without disabilities, and will encourage their

participation in the digital economy. Their EU-wide scope will help the website development

industry offer its products and services across the EU without having to face extra production costs

or other difficulties resulting from different national approaches in the sector. This should improve

the functioning of the internal market and contribute to growth and competitiveness.

Network and information security

The presidency briefed ministers on the political agreement reached on 7 December 2015 with the

European Parliament on the draft directive on network and information security (NIS). It intends to

present the agreed text for approval by member states' ambassadors at the meeting of the Permanent

Representatives Committee on 18 December.

The new directive will set out cybersecurity obligations for operators of essential services and

digital service providers. These operators will be required to take measures to manage cyber risks

and report major security incidents, but the two categories will be subject to different regimes.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

Member states will be required to designate national authorities and establish national strategies to

deal with cyber matters. They will also step up their cooperation to counter cyber threats.

More information:

First EU-wide rules to improve cybersecurity: deal with EP

(press release)

Improving cyber security across the EU

Review of EU telecoms rules

The Council discussed the most important telecoms dossier in the digital single market strategy: the

revision of the EU telecoms regulatory framework.

Ministers agreed that high speed communications networks and Internet access were key for the

European economy and for citizens, including in rural areas. The future rules should ensure a level

playing field for service providers and a high level of consumer protection They should favour

investment, competition and innovation.

While competition should be the general way to roll out broadband, government or EU aid would

be warranted to cover rural areas. Relevant state aid rules should be simplified.

Many ministers called for consumer rights to be strengthened. Several preferred to apply general

consumer protection legislation rather than have sector-specific rules.

A few ministers pointed to the need for modern, stable, light and future-proof laws. Any new

legislative proposals should be based on a thorough analysis.

Ministers generally agreed that comparable services should be regulated in a comparable manner.

Some ministers called for careful analysis before legislating in this respect and others warned

against stifling innovation.

Some ministers highlighted the importance of not only fast but also resilient and secure networks.

As regards radio spectrum, some member states would see a certain level of coordination as useful.

However, most ministers stressed that national competences should be respected.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

A few ministers mentioned the importance of digital skills for everyone. Some delegations said that

there should be less focus on technology or speed, and more on the take-up of services.

The Commission intends to present new proposals to revise the telecoms rules in 2016.

Two major issues – roaming surcharges for travellers in the EU and access to open internet – have

recently been addressed by the adoption of a new EU regulation.

Presidency background document

Digital single market for Europe

EU telecoms rules

Other business

–

Internet governance

The Commission updated ministers on the latest developments in Internet governance.

As regards the transfer of the Internet Assigned Number Authority (IANA) functions, the US

National Telecommunications and Information Administration Agency NTIA prolonged the IANA

contract for one year until 30 September 2016 to permit the multistakeholder community to finalise

its proposals and for the US government to carry out its internal procedures. The Commission

encourages EU countries to continue their constructive coordination to ensure a successful

transition, in conjunction with the necessary improvements in ICANN accountability.

The UN General Assembly will finalise the World Summit on the Information Society +10

(WSIS+10) review on 15-16 December 2015. The Commission encourages EU member states to

continue their good coordination in this regard as well.

Internet governance - Commission information note

–

Transatlantic Trade and Investment Partnership agreement

The Commission updated ministers on the information society and telecoms component of the

ongoing trade talks with the United States (TTIP).

The negotiations do not include a separate digital chapter. Issues not to be covered by the future

agreement include audiovisual matters, data protection and e-privacy, Safe Harbour 2.0 and the

price of books. The talks are going as expected, and nothing that affects digital policy will be

discussed in the next few weeks.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

–

Incoming presidency's work programme in the field of telecommunications

The incoming Netherlands presidency presented its

telecommunications work programme

for the

first half of 2016.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

OTHER ITEMS APPROVED

TRANSPORT

Railway safety and interoperability and the European Railway Agency

The Council adopted its position at first reading on directives on railway safety and interoperability,

and a regulation on the European Railway Agency (ERA). Together, these legislative acts make up

the technical pillar of the fourth railway package. To conclude the procedure, they still need to be

formally approved by the European Parliament at second reading.

For more information on the new systems, see our press release from June 2015:

New approval systems for rail interoperability and safety: Coreper gives its go-ahead

Council position at first reading on railway safety

Council position at first reading on railway interoperability

Council position at first reading on the ERA

Railway safety: Council's reasons

Railway interoperability: Council's reasons

ERA: Council's reasons

Railway safety: Commission statement

Railway interoperability: Commission statement

ERA: statements

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

Carriage of hazardous and noxious substances by sea

The Council agreed in principle on two draft Council decisions authorising member states to ratify

and accede to the protocol of 2010 to the international convention on liability and compensation for

damage in connection with the carriage of hazardous and noxious substances by sea, 1996 ('1996

HNS convention').

The aim of the protocol is to make it possible for compensation to be paid to victims of accidents

involving hazardous and noxious substances such as chemicals.

The protocol replaces the 1996 HNS convention, which never came into force because it was not

ratified by a sufficient number of states. As parts of the protocol fall under the EU's exclusive

competence in the area of maritime transport, member states need to be authorised to ratify or

accede to it.

In addition, the protocol contains provisions that affect EU secondary legislation on jurisdiction and

the recognition and enforcement of judgments in civil and commercial matters. Those matters are

covered by a separate Council decision.

The two draft decisions will now be sent to the European Parliament for its consent.

Council decision authorising member states to ratify and accede to the Protocol of 2010 with the

exception of aspects related to judicial cooperation in civil matters

Council decision authorising member states to ratify and accede to the Protocol of 2010 with regard

to aspects related to judicial cooperation in civil matters

Statement by the United Kingdom delegation

Statement by the Commission

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

FOREIGN AFFAIRS

World Humanitarian Summit preparatory process

The Council adopted the following conclusions:

"1.

The World Humanitarian Summit (WHS) convened by the UN Secretary General in

Istanbul in May 2016 presents a historic opportunity to build a global partnership among a

wide range of actors within and beyond the existing humanitarian system so as to prevent

and end human suffering, address the root causes of crises and make sure no one is left

behind. The Summit should commit to mobilising all instruments – in particular

humanitarian, developmental as well as diplomatic – to reduce vulnerability and fragility,

resolve conflicts and build resilience in communities. The Summit marks a decisive

moment to ensure that humanitarian action − based on the humanitarian principles of

humanity, impartiality, neutrality and independence − delivers more effectively and

ensures a sustainable future for the millions of people affected by conflicts as well as by

natural and man-made disasters.

The Council welcomes the inclusive WHS consultation process and takes note of the

contributions made by a wide range of humanitarian and other actors. The Council

welcomes the Commission Communication "Towards the World Humanitarian Summit: A

global partnership for principled and effective humanitarian action", which sets out key

recommendations for action. The Council looks forward to the European Parliament's

report "Preparing for the World Humanitarian Summit: Challenges and opportunities for

humanitarian assistance" as a valuable contribution ahead of the Istanbul Summit.

The Council calls on all actors to set aside other interests and enable substantial change to

make the humanitarian system more inclusive and one of true partnership that includes the

people affected by crises. The Summit should produce practicable outcomes and specific

commitments made by all relevant actors, in particular as regards:

–

safeguarding humanitarian access and respect for International Humanitarian Law

(IHL). Impunity for IHL violations can no longer be tolerated. In the spirit of

Solferino, the Summit should lead to a collective commitment by the international

community to put respect for IHL at the top of the international agenda.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

–

driving significant reform. Humanitarian assistance should become more efficient

and effective. This requires improvements on the part of all actors who contribute to

humanitarian efforts – including donors and implementing organisations – in order to

achieve greater coordination and transparency. Humanitarian assistance should

demonstrate increased accountability towards the people it aims to serve, and take

into account local capacities and innovative instruments. The impact of a growing

number of crises, in particular those resulting in the protracted and forced

displacement of people, requires strengthened coherence between humanitarian and

development financing and programming. This should not jeopardise the unique,

neutral, independent and impartial nature of humanitarian work.

In this regard the Council welcomes USG/ERC O’Brien’s statement of 24 November 2015

on the preparation of the WHS and looks forward to the Secretary-General's report and the

recommendations by the High-Level Panel on Humanitarian Financing.

The EU and its Member States are committed to helping to make the Summit a success.

All actors should remain fully engaged in the preparatory process and be present in

Istanbul at the highest level possible. The EU and its Member States stand ready to play

their part – at humanitarian, developmental and diplomatic levels – to develop a

compelling vision for transformative change and specific initiatives to deliver that change."

EU-Moldova Association Council - EU position on enforcement of the title V

The Council adopted the EU position on enforcement and application of title V (trade and trade-

related matters) of the association agreement between the EU, the European Atomic Energy

Community and Moldova. The EU position within the EU-Moldova Association Council states that

title V is to apply to the entire territory of Moldova from 1 January 2016.

Promotion of effective arms export controls

The Council adopted a decision on the promotion of effective arms export controls. The Council

identified two objectives: to promote effective controls on arms exports by non-EU countries and to

support non-EU countries’ efforts to make trade in conventional weapons more responsible and

transparent. The Council proposed a number of project activities to pursue these objectives,

including assisting non-EU countries in drafting and implementing relevant legislative and

administrative measures, promoting transparency and responsibility in the international arms trade,

and assisting beneficiary countries in the training of licensing and enforcement officers. The

financial reference amount for the implementation of the project activities is to be EUR 999 000.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

COMMON SECURITY AND DEFENCE POLICY

Budget of European Security and Defence College

The Council decided that the financial reference amount for the European Security and Defence

College from 1 January 2016 to 31 December 2016 is to be EUR 630 000.

ECONOMIC AND FINANCIAL AFFAIRS

Value added tax

The Council adopted decisions concerning directive 2006/112/EC on the common system of value

added tax:

–

authorising Germany and Austria respectively to continue to apply a measure derogating

from Articles 168 and 168a (14326/15)

authorising Latvia to introduce a measure derogating from point (a) of Article 26(1) and

Articles 168 and 168a (14328/15)

authorising Belgium to introduce a special measure derogating from Article 285

(14329/15)

authorising Hungary to apply a measure derogating from Article 193 (14330/15)

authorising Lithuania to extend the application of a measure derogating from Article 193

(14331/15)

authorising Latvia to extend the application of a measure derogating from Article 193

(14332/1/15

REV 1).

–

JUSTICE AND HOME AFFAIRS

Hague convention on the civil aspects of international child abduction

The Council adopted several decisions authorising certain member states, in the interest of the

European Union, to accept the accession of Seychelles (12103/15), the Russian Federation

(12104/15), Albania (12105/15), Morocco (12106/15) and Armenia (12107/15) to the 1980 Hague

convention on the civil aspects of international child abduction.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

AGRICULTURE

Financial instruments in rural development - Report from the European Court of Auditors

The Council adopted the following conclusions on the special report from the European Court of

Auditors entitled "Are financial instruments a successful and promising tool in the rural

development area?":

"THE COUNCIL OF THE EUROPEAN UNION

(1)

WELCOMES Special Report No 05/2015 from the European Court of Auditors entitled:

"Are financial instruments a successful and promising tool in the rural development area?"

NOTES that financial instruments (FIs) are the delivery mode of support from rural

development programmes (RDPs) to final recipients with the possible advantageous effects

of revolving and leverage;

EMPHASISES that farming in the EU has different dimensions and is country-, region-

and/or sub-sector-specific and UNDERLINES that all FIs supported by the EAFRD in

2007-13 were set up in the context of the financial and economic crisis during which

access to credit was burdened and liquidity problems were evident throughout the EU;

NOTES that FIs were implemented in seven Member States in the 2007-13 programming

period whereas only two Member States used them in the 2000-06 programming period;

REMINDS that the setting up of FIs under the EAFRD implied a whole new concept,

which required a learning process, and ANTICIPATES a further increased use of FIs under

the 2014-20 programming period;

IS CONFIDENT that the concerns raised by the Court, such as the apparent lack of

incentives and encouragement to set up and use FIs by Member States and beneficiaries,

the risk of overcapitalisation, the need to set appropriate targets for leverage and revolving

effects as well as the need to enhance the monitoring of, and reporting on, FIs, are

sufficiently addressed in the legal framework for the 2014-20 programming period;

ASKS the Commission to consider the Court's recommendation that, in order to increase

the effectiveness of the financial instruments, appropriate standards and targets for

leverage and revolving effects should be set;

(2)

(3)

(4)

(5)

(6)

(7)

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

(8)

ACKNOWLEDGES that the setting up of FIs, their implementation and the evaluation of

the demand lie within the responsibility of the Member States;

WELCOMES the various initiatives taken to provide further guidance in regard of the

further implementation of FIs in the 2014-20 programming period, such as:

–

the technical assistance platform 'fi-compass', which provides methodological

guidance and awareness raising support to the Commission, Member States and

stakeholders in the field of FIs supported by the ESI funds;

the standard models for loan and guarantee funds in rural development provided by

the Commission;

the specific FI scheme to Member States the EIB is expected to offer under the

Commission-EIB Memorandum of Understanding in respect of agriculture and rural

development and which will be implemented under the EAFRD;

the Commission's 2015 guidelines on closure of the 2007-13 rural development

programmes;

(9)

–

(10)

HIGHLIGHTS the improvements introduced in the 2014-20 legal framework, which

should allow for the successful implementation of FIs in the rural development area, and

ENCOURAGES the Member States and the Commission to assess the performance of FIs

in the context of the

ex post

evaluations of rural development covering the period 2007-13,

which the Commission intends to synthesize by 2017."

Technical assistance for agriculture - Report from the European Court of Auditors

The Council adopted the following conclusions on the special report from the European Court of

Auditors entitled "Technical assistance: what contribution has it made to agriculture and rural

development?":

"THE COUNCIL OF THE EUROPEAN UNION

(1)

WELCOMES Special Report No 04/2015 from the European Court of Auditors entitled:

"Technical assistance: what contribution has it made to agriculture and rural

development?", which focusses on the management of technical assistance (TA) and its

contribution to the core agriculture and rural development policy objectives during the

2007-13 programming period;

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

(2)

ACKNOWLEDGES that TA in support of rural development programmes relates to the

provision of specific expertise to, and funding of, government departments so as to develop

administrative capacity and cover the costs associated therewith and NOTES that TA

contributes to the implementation, monitoring, control and evaluation of Rural

Development Programmes (RDPs);

UNDERLINES that the legislator decided to grant flexibility to Member States in the use

of TA funds in order to cope with the large variety of needs encountered by national and

regional authorities;

UNDERLINES that, in accordance with the legislation in force, administrative costs,

including payroll and IT development and maintenance, are eligible TA expenditure if

resources paid thereof are directly linked to the implementation of RDPs;

ACCEPTS the Court's recommendation that, in order to improve transparency about the

ways funding is used, the distinction between operational/'capacity building' expenditure

and eligible administrative/'budget support' costs could be clarified further and

WELCOMES the Commission's intention to develop further guidance in this regard;

NOTES the Court's finding that the financing of networking activities could offer potential

for appropriate TA use in the rural development budget but simultaneously notes that their

impact is also hard to assess;

ENCOURAGES Member States to use adequate indicators for the monitoring of TA

expenditure but UNDERLINES that this should not lead to any additional costs or

administrative burden."

(3)

(4)

(5)

(6)

(7)

FOOD LAW

Food flavourings - Maximum levels of tropane alkaloids

The Council decided not to oppose the adoption of the following three Commission regulations:

–

a regulation removing four substances (vetiverol, vetiveryl acetate, 2-acetyl-1,4,5,6-

tetrahydropyridin and 2-propionyl pyrroline 1% vegetable oil triglycerides) from the EU

list of flavourings approved for use in and on foods (13611/15)

See Article 5 of Regulation (EC) No 1290/2005 for the 2007-13 programming period and

Article 59 of Regulation No 1303/2013 for the 2014-20 programming period.

15221/15

Rådsmøde nr. 3436 (transport, telekommunikation og energi) den 10.-11. december 2015 - Bilag 1336836:

10 and 11 December 2015

–

a regulation listing five substances as evaluated substances rather than substances under

evaluation in the EU list of flavourings and source materials approved for use in food

(13655/15)

a regulation setting maximum levels of tropane alkaloids in certain cereal-based foods for

infants and young children (13789/15)

–

The Commission regulations are subject to what is known as the regulatory procedure with scrutiny.

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

unless the European Parliament objects.

15221/15