COUNCIL OF THE EUROPEAN UNION,update

 

International Day for the Elimination of Violence Against Women: EU pushes for common rules to combat it 25/11/2023 | Article International Day for the Elimination of Violence Against Women: EU pushes for common rules to combat it Working towards a feminist Europe and combating violence against women is a priority for the Spanish presidency of the Council of the EU, which is committed to promoting the first specific regulation on the subject at European level.

Press material Monday 27 November 2023

● Council of the EU   27/11/2023 10:41 | Press release | EU-New Zealand: Council gives final green light to free trade agreement   The Council today adopted a decision on the conclusion of a free trade agreement (FTA) between the EU and New Zealand. This decision clears the path, on the EU side, for the entry into force of the agreement. Once New Zealand also completes its legal requirements and procedures, the agreement can enter into force, probably in early 2024. EU-New Zealand free trade agreement The FTA will liberalise and facilitate trade and investment, as well as promote a closer economic relationship, which will open significant economic opportunities for companies and consumers on both sides. The EU is New Zealand's third biggest trade partner. Bilateral trade in goods between the two partners has risen steadily in recent years, reaching almost €9.1 billion in 2022. Once the agreement enters into force, bilateral trade is expected to grow by up to 30% thanks to this deal, with EU annual exports potentially growing by up to €4.5 billion. EU investment into New Zealand has the potential to grow by up to 80%. The deal can cut some €140 million a year in duties for EU companies in the first year of application. The agreement, once in place, will: eliminate all tariffs on key EU exports to New Zealand such as pigmeat, wine and sparkling wine, chocolate, sugar confectionary and biscuits open New Zealand’s services market in key sectors such as financial services, telecommunications, maritime transport and delivery services ensure non-discriminatory treatment for EU investors in New Zealand and vice versa improve access for EU companies to New Zealand government procurement contracts for goods, services, works and works concessions protect close to 2000 EU wines and spirits such as Prosecco, Polish Vodka, Rioja, Champagne and Tokaji protect 163 of the most renowned traditional EU products (Geographical Indications), such as Asiago, Feta, Comté or Queso Manchego cheeses, Istarski pršut ham, Lübecker Marzipan or Elia Kalamatas olives facilitate data flows, predictable and transparent rules for digital trade and a secure online environment for consumers prevent unjustified data localisation requirements and maintain high standards of personal data protection help small businesses export more through a dedicated chapter on small and medium enterprises reduce compliance requirement and procedures to allow for the quicker flow of goods protect and enforce intellectual property rights, aligning these with EU standards, according to commitments by New Zealand New generation bilateral agreements The EU-NZ Free Trade Agreement is the first agreement to fully integrate the EU's new approach to trade and sustainable development (TSD) which was endorsed by the Council in the conclusions of 17 October 2022. It includes a dedicated sustainable food systems chapter, a dedicated trade and gender equality article and a dedicated provision on trade and fossil fuel subsidies reform. The deal also liberalises green goods and services at entry into force. In case of serious violations of core labour principles or of the Paris Agreement, the FTA foresees sanctions as a last resort. Background and next steps The European Union concluded negotiations for a comprehensive and ambitious trade agreement with New Zealand on 30 June 2022. The agreement was signed on 9 July 2023. The European Parliament, as stipulated in the TFEU, gave its consent to the conclusion of the Agreement on 22 November 2023. Once the agreement has been ratified by New Zealand, and the two sides notify each other about the completion of their internal procedures, it can enter into force. The entry into force will take place on the first day of the second month after both sides confirm they have completed legal requirements and procedures, or on another date agreed by the parties. EU- New Zealand FTA and addenda EU-NZ agreement (background information) EU trade agreements (background information) Council conclusions on TSD (press release, 17 October 2022)

Press material Monday 27 November 2023

● Council of the EU   27/11/2023 11:09 | Press release | Council gives final approval to measures to promote the social economy   Today, the Council adopted a recommendation on promoting enabling frameworks for the social economy, to support its role in fostering social inclusion and access to the job market. After technical discussions within the Council, ministers for employment and social affairs reached a political agreement on the recommendation on 9 October 2023. After legal-linguistic revision, the recommendation was adopted today and will be published in the Official Journal of the European Union. Measures to foster the social economy The recommendation aims to boost the role of the social economy in supporting social inclusion and integration into the labour market of disadvantaged groups, by recommending that member states take measures to: facilitate access to funding, to markets and to public procurement for social economy entities make best use of state aid rules and develop a favourable taxation environment increase the visibility and recognition of the social economy Main changes introduced by the Council The main changes to the Commission’s initial proposal reflect requests from member states for the role of the social economy in fair digital and green transitions and social cohesion to be further highlighted. The Council also recognises the role that the social economy can play in international cooperation. Next steps Member states will have two years to adopt or update their national strategies for the social economy. They will then monitor and evaluate the steps taken to achieve the objectives of the recommendation, and report to the Commission on their progress within four years of its adoption. Council recommendation on developing social economy framework conditions Social economy: Council recommends member states tap its full potential (press release, 9 October 2023)

Press material Monday 27 November 2023

● Council of the EU   27/11/2023 11:08 | Press release | Data Act: Council adopts new law on fair access to and use of data   To make the EU a leader in our data-driven society, the Council adopted a new Regulation on harmonised rules on fair access to and use of data (Data Act). "Today’s adoption will be a catalyst for a Europe fit for the digital age. The new law will unlock a huge economic potential and significantly contribute to a European internal market for data. Data trading and the overarching use of data will be boosted, and new market opportunities will open to the benefit of our citizens and businesses across Europe." José Luis Escrivá, Spanish minister of digital transformation The data act puts obligations on manufacturers and service providers to let their users, be they companies or individuals, access and reuse the data generated by the use of their products or services, from coffee machines to wind turbines. It also allows users to share that data with third parties – for example, car owners could choose in the future to share certain vehicle data with a mechanic or their insurance company. Main objectives of the law The regulation sets up new rules on who can access and use data generated in the EU across all economic sectors. It aims to: - ensure fairness in the allocation of value from data among actors in the digital environment - stimulate a competitive data market - open opportunities for data-driven innovation, and - make data more accessible to all The new law also aims to ease the switching between providers of data processing services, puts in place safeguards against unlawful data transfer and provides for the development of interoperability standards for data to be reused between sectors. The data act will give both individuals and businesses more control over their data through a reinforced portability right, copying or transferring data easily from across different services, where the data are generated through smart objects, machines, and devices. The new law will empower consumers and companies by giving them a say on what can be done with the data generated by their connected products. Main elements of the new regulation Scope of the legislation The new regulation will allow users of connected devices, ranging from smart household appliances to intelligent industrial machines, to gain access to data generated by their use which is often exclusively harvested by manufacturers and service providers. Regarding Internet of Things (IoT) data, the new law focuses, in particular, on the functionalities of the data collected by connected products instead of the products themselves. It introduces the distinction between ‘product data’ and ‘related service data’, from which readily available data can be shared. Trade secrets and dispute settlement The new law ensures an adequte level of protection of trade secrets and intellectual property rights, accompanied by relevant safeguards against possible abusive behaviour. While fostering the sharing of data, the new regulation aims at supporting the EU industry while providing safeguards for exceptional circumstances and dispute settlement mechanisms. Data sharing and compensation The new law contains measures to prevent abuse of contractual imbalances in data sharing contracts due to unfair contractual terms imposed by a party with significantly stronger bargaining position. These measures will protect EU companies from unfair agreements and give SMEs more room for manoeuvre. Moreover, the text of the regulation provides additional guidance by the Commission regarding the reasonable compensation of businesses for making the data available. The regulation provides the means for public sector bodies, the Commission, the European Central Bank and EU bodies to access and use data held by the private sector that is necessary in exceptional circumstances, particularly in case of a public emergency, such as floods and wildfires, or to fulfil a task in the public interest. When it comes to such requests to access data in the ‘business to government’ context, the new regulation provides that personal data will only be shared in exceptional circumstances, such as a natural disaster, a pandemic, a terror attack, and if the data required is not otherwise accessible. Micro and small-sized enterprises will also contribute their data in such cases and will be compensated. Benefits for consumers The new law will allow consumers to move easily from one cloud provider to another. Safeguards against unlawful data transfers have been also introduced, as have interoperability standards for data sharing and processing. Finally, the expectation from the new law is that it could make after-sale service of certain devices cheaper and more efficient. Governance model The new regulation preserves member states’ flexibility to organise the implementation and enforcement tasks at national level. The coordinating authority, in those member states where such coordination role will be required, will act as a single point of contact and be labelled as ‘data coordinator’.

Press material Monday 27 November 2023

● Council of the EU   27/11/2023 10:33 | Press release | Import of fishery products: Council adopts autonomous EU tariff quotas for 2024 to 2026   The Council today unanimously adopted a regulation opening autonomous EU tariff quotas (ATQs) for certain fishery products for the years 2024, 2025 and 2026, and establishing rules for the management of these quotas. The newly adopted regulation aims to ensure that the EU's fish processing industry can continue to source raw materials for further processing from non-EU countries at reduced rates of duty or duty-free. When setting the ATQs, their potential impact on EU suppliers was taken into account, to ensure fair competition between imported fishery products and EU ones. "With this regulation we have safeguarded the competitiveness of our fish processing industry and the supply of European consumers with quality processed fishery products at reasonable prices, while taking into account the interests of the EU fishing sector. And we did so only three months after the Commission tabled its proposal, ensuring that all stakeholders have legal certainty about the regime which will apply in the next three year." Luis Planas Puchades, Spanish Minister for Agriculture, Fisheries and Food ATQs in practice In recent decades, the Union has become more dependent on imports to meet its demand for fishery products, either because these products are not produced in the EU, or because they are not produced in sufficient quantities. In order to ensure that the EU's production of fishery products is not jeopardised and that there is an adequate supply of fishery products for its processing industry, the Council has been adopting ATQs. Tariff quotas are only granted to those products that are imported for further processing in the EU. The regulation adopted today covers a certain number of fishery products for which, for a limited volume, the duty will either be suspended or reduced for the period 2024 to 2026. Duty and volume are specific to each product. Given the deterioration in relations between the EU and Russia and in order to ensure consistency with the EU’s position with regard to external action, the Council decided not to allow fishery products originating in Russia to benefit from duty-free treatment or from most-favoured nation treatment. Additionally, since relations between the EU and Belarus have deteriorated over the past years and due to Belarus' extensive support for the Russian war of aggression against Ukraine, the Council also decided to exclude Belarusian fishery products from the scope of the regulation. Next steps The regulation will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and will apply from 1 January 2024 to 31 December 2026. The tariff quotas are managed by the Commission and member states in accordance with the current system of tariff-quota management, which operates on a first-come-first-served basis. Autonomous EU tariff quotas (Commission website)

Press material Monday 27 November 2023

● Council of the EU   27/11/2023 12:51 | Press release | Humanitarian action: EU introduces further exceptions to sanctions to facilitate the delivery of assistance   The Council today decided to introduce humanitarian exceptions to asset freeze measures in 10 EU restrictive measures regimes. As a result of the decision, certain categories of humanitarian actors, including those outlined in the UN Security Council resolution 2664 (2022), as well as organisations and agencies certified as humanitarian partners of the EU or its member states and member states’ specialised agencies can engage in transactions with listed individuals and entities without any prior authorisation, if the purpose is to deliver humanitarian assistance or to support other activities that support basic human needs of people in need. Today’s decision increases consistency and coherence across EU restrictive measures regimes and with those adopted at UN level or by other international partners in order to safeguard principled humanitarian action by impartial humanitarian actors. Furthermore, the Council decided to review regularly the humanitarian exceptions in these 10 regimes as well as in certain other EU restrictive measures regimes to evaluate their adequacy and if needed adapt them in the future. This decision sends a strong signal to both humanitarian and economic operators, as well as those in need of humanitarian aid: EU sanctions do not stand in the way of delivering humanitarian assistance. It demonstrates the EU’s steadfast determination to avoid unintended negative consequences of sanctions on humanitarian action, and the importance given to the full adherence to international law in the EU’s sanctions policy. The 10 sanctions frameworks amended today are regimes established in view the situations in Bosnia and Herzegovina, Burundi, Guinea, Lebanon, Myanmar, Nicaragua, Tunisia, Venezuela, Zimbabwe and in relation to cyber-attacks. Background On 9 December 2022, the UN Security Council adopted resolution 2664 (2022), which provides a “humanitarian carve-out” - a standing humanitarian exemption - to the asset freeze measures imposed by United Nations sanctions regimes. On 14 February 2023, the Council decided to introduce the humanitarian exemption pursuant to resolution 2664 in the UN sanctions regimes at EU level, and on 31 March 2023, the Council introduced the humanitarian exemption in the so-called UN/EU mixed sanctions regimes in which EU measures complement sanctions imposed by the UN Security Council. Humanitarian action: EU introduces exemptions to sanctions to facilitate the delivery of assistance (press release, 31 March 2023)