COUNCIL OF THE EU,update

 

Press material Friday, 13 December 2024

● Council of the EU   13/12/2024 20:29 | Press release | Forward look: 16 - 29 December 2024   Overview of the main topics and events at the Council of EU and European Council for the coming fortnight. The Council's General Secretariat will be closed between 23 December 2024 and 2 January 2025. The next issue of the Forward Look will be published on 10 January 2025. Foreign Affairs Council, 16 December 2024 The December Foreign Affairs Council will start at 10.00 in Brussels, and be chaired for the first time by the new EU High Representative for Foreign Affairs and Security Policy, Kaja Kallas. Ministers will exchange views on the Russian aggression against Ukraine, after a short intervention of the Minister of Foreign Affairs of Ukraine Andrii Sybiha via videoconference. They will then hold discussions on Georgia, and the situation in the Middle East, including Syria. Under current affairs, the Council will exchange views on Belarus. Read more Transport, Telecommunications and Energy Council (Energy), 16 December 2024 EU energy ministers will seek to approve conclusions on the promotion of geothermal energy, following the presentation of a report on the future of geothermal energy. They will also exchange views on the future of energy policy in view of a genuine Energy Union. Read more Environment Council, 17 December 2024 EU environment ministers will meet in Brussels to reach a general approach for a regulation on preventing plastic pellet losses. They will also discuss the proposed regulation on end-of-life vehicles and the communication on the EU’s 2040 climate target. Read more General Affairs Council, 17 December 2024 Ministers will focus on preparations for the December European Council, legislative planning, the future of Europe, as well as EU relations with the UK and Switzerland. The Council will also be invited to approve conclusions on enlargement and endorse its next 18-month programme. Read more European Council, 19 December 2024 EU leaders will meet in Brussels to address the following topics: Russia’s war of aggression against Ukraine and the EU’s support to Ukraine and its people; the situation in the Middle East; EU’s global engagement and priorities in the current geopolitical context; migration; EU resilience, preparedness, crisis prevention and response capacities, and other foreign policy items. Read more Other meetings Seventeenth Accession Conference with Montenegro, 16 December 2024 Third Accession Conference with Albania, 17 December 2024 EU-Western Balkans summit, 18 December 2024   Indicative calendar of meetings under the Hungarian presidency (1 July - 31 December 2024) Hungarian presidency website Indicative calendar of meetings under the Polish presidency (1 January - 30 June 2025) Polish presidency

● Council of the EU   13/12/2024 20:13 | Meetings | Foreign Affairs Council, 16 December 2024   Background brief - Foreign Affairs Council of 16 December 2024

● Council of the EU

13/12/2024 19:46 | Meetings | Agenda highlights - Third Accession Conference with Albania, 17 December 2024   The third meeting of the Accession Conference with Albania at ministerial level will be ● Council of the EU   13/12/2024 19:36 | Meetings | Agenda highlights - Seventeenth Accession Conference with Montenegro, 16 December 2024   The seventeenth meeting of the Accession Conference with Montenegro at ministerial level will be held in Brussels on 16 December 2024.    Council of the EU   13/12/2024 17:04 | Media advisory | Media advisory - Foreign Affairs Council of 16 December 2024   Indicative programme All times are approximate and subject to change Place: Europa building, Brussels Chair: Kaja Kallas, EU High Representative for Foreign Affairs and Security Policy From 08.00 Arrivals (live streaming) +/- 08.15 Doorstep by Kaja Kallas (live streaming) +/- 10.00 Beginning of the Foreign Affairs Council Adoption of the agenda Approval of "A" items Non-legislative list Russian aggression against Ukraine Georgia Situation in the Middle East, including Syria Current affairs: Belarus Any other business +/- 16.45 (in the Justus Lipsius press room) At the end of the meeting, press conference in live streaming. Videos and photos fom the event ● Council of the EU   13/12/2024 16:39 | Meetings | Main results - Justice and Home Affairs Council (Justice), 13 December 2024   On the second day of the Justice and Home Affairs Council, ministers of justice reached a common position on directives to curb migrant smuggling, to combat child sexual abuse and to harmonise certain aspects of insolvency law.

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13/12/2024 15:47 | Media advisory | Media advisory - Transport, Telecommunications and Energy Council (Energy) of 16 December 2024   Indicative programme All times are approximate and subject to change Place: Europa building, Brussels Chair: Csaba Lantos, Hungarian Minister for Energy from 08.30 Arrivals (live streaming) +/- 08.45 Doorstep by Csaba Lantos (live streaming) 09.30 Beginning of the Transport, Telecommunications and Energy Council (Energy) Adoption of the agenda Approval of "A" items Non-legislative list Legislative list (public session) +/- 09.55 Report on the future of geothermal energy by the International Energy Agency (IEA) (public session) +/- 10.55 Promotion of geothermal energy – conclusions (public session) +/- 11.10 The future of energy policy (public session) +/- 12.40 Any other business- - Action plan on grids (public session) - Strategic Energy Technology Plan (SET Plan) conference, which took place in Budapest on 14-15 November 2024 (public session) - Towards the export of cleaner fuels: a commitment to public health and the environment (public session) +/- 13.30 Working lunch on electricity market developments +/- 15.00 Any other business: - The impacts of the gas storage neutrality charge and the need for better coordination at the European level - Winter preparedness - Recent developments in the field of external energy relations - Work programme of the incoming Polish presidency At the end of the meeting press conference (+/- 16.10) in live streaming. ● Council of the EU   13/12/2024 12:15 | Meetings | Agenda highlights - General Affairs Council, 17 December 2024   Ministers will focus on preparations for the December European Council, legislative planning, the future of Europe, as well as EU relations with the UK and Switzerland. The Council will also be invited to approve conclusions on enlargement and endorse its next 18-month programme. ● Council of the EU   13/12/2024 11:21 | Meetings | Agenda highlights - Foreign Affairs Council, 16 December 2024   The Foreign Affairs Council will exchange views on the Russian aggression against Ukraine, the situation in the Middle East and Georgia.   ● Council of the EU   13/12/2024 11:21 | Press release | Insolvency law: Council settles on position for core capital markets union legislation   The Council adopted its position on key elements of a proposed directive to harmonise certain aspects of insolvency law. This partial general approach focuses on measures to preserve the insolvency estate, the duties of directors in the event of insolvency and transparency obligations. Bringing national insolvency regimes closer to each other will make the EU more attractive for investors. Currently cross-border investors have to take 27 different insolvency rules into account when assessing an investment opportunity. “A favourable investment climate is a precondition to boost the EU’s competitiveness. This EU insolvency law will remove an important obstacle for cross-border investments.” — Bence Tuzson, Hungarian Minister for Justice Core elements of the Council position Avoidance actions In order to arrive at EU-wide minimum rules which prevent debtors from reducing the value that creditors can obtain following the insolvency of a company, the Council agreed on a number of provisions related to avoidance actions. Avoidance actions are mechanisms to challenge transactions of the debtor before the start of the bankruptcy procedure and, as such, protect the insolvency estate against the illegitimate removal of assets. Tracing assets These provisions require member states to designate courts or authorities that are empowered, upon the request of an insolvency practitioner, to access and search national centralised bank account registers of all member states as regards information on assets that belong or should belong to the insolvency estate. The proposal also ensures access by insolvency practitioners to beneficial ownership registers and certain national registers and databases. Their goal is to improve the access of insolvency practitioners, irrespective of the country they are established in, to bank account information and other relevant information on assets. Member states can maintain existing, or introduce new, measures that further facilitate access to information by insolvency practitioners. Directors’ duty Another measure to maximise the recovery value for the creditor is to align national rules concerning the duty of a director to file for insolvency proceedings in a timely manner. The Council position ensures that directors must submit the request for the opening of insolvency proceedings within three months of becoming aware that the company is in financial distress. Member states may also provide that this obligation is suspended if they take measures that are designed to avoid damage for the creditors of the insolvent company and ensure a level of protection of creditors that is equivalent to the protection provided by the duty to file for insolvency proceedings. Enhancing transparency of national insolvency proceedings Another measure to reduce the barrier of investing in another member state involves new obligations for EU countries to produce a factsheet with practical information on the main features of their domestic laws on insolvency proceedings. Next steps During the Polish presidency, member state experts will continue discussions on the remaining provisions. Background The directive was proposed by the Commission on 7 December 2022, together with other measures intended to further develop the EU’s capital markets union. The lack of harmonised insolvency regimes has consistently been identified as a barrier to cross-border investments. A 2015 report of the Council, the European Parliament, the Commission and the European Central Bank concluded that insolvency law was a key area for achieving a “true” capital markets union. More harmonised insolvency rules contribute to improved certainty and cost reductions for (foreign) investors. The main elements of the proposal are to ensure that creditors can recover the maximum value from the liquidated company, to improve the efficiency of insolvency procedures and increase the predictability and fair distribution of recovered value among creditors. Directive harmonising certain aspects of insolvency law (partial general approach), 29 November 2024 European capital markets (Background information) ● Council of the EU   13/12/2024 10:43 | Press release | Combatting child sexual abuse: Council adopts position on strengthened EU criminal law   Today, the Council agreed its position on a proposal to update the EU’s criminal law rules on child sexual abuse and sexual exploitation of children. The revised rules expand the definition of the offences, making sure that all forms of child sexual abuse and sexual exploitation, including those enabled or facilitated by new online tools, are criminalised. They also introduce higher penalties and contain more specific requirements for prevention and assistance to victims. This position is the basis to enter into talks with the European Parliament to agree on a final law. “The protection of the most vulnerable in our societies - children - must be our priority. With these new rules, we boost the fight against child sexual abuse, including as regards livestreaming of abuse or the use of AI for the generation of abuse material.” — Bence Tuzson, Hungarian Minister for Justice Expanded definition of criminal offences In order to ensure that all forms of child sexual abuse and exploitation are criminalised, member states agreed to update the definition of these offences. Under the new rules, member states are obliged to criminalise, investigate and prosecute the offence of livestreaming child sexual abuse. Paying money to gain access to a livestream of sexual abuse of children is on the rise in recent years. The updated directive also makes sure that realistic images of child sexual abuse material are included in the definition of the crime. This will make it possible to better respond to the increasing emergence of deep fake or AI-generated abuse material. In addition, the Council introduced an offence of providing instructions on how to commit child sexual abuse, sexual exploitation or solicitation of children for sexual purposes. A person who, for instance, distributes and produces a manual – whether a leaflet, a book or an online guide – that helps others to sexually abuse a child is punishable. Higher penalties The penalties for many of the offences have been increased. For instance, when abuse is made of a particularly vulnerable situation of the child, in particular because of disability, to sexually engage with a child, the offender will be punished by a maximum prison term of at least 10 years (instead of 8 years at present). The maximum prison sentence goes up to at least 5 years, from the current 3 years, when the child has reached the age of sexual consent. Member states may provide for even tougher penalties in their national legislation. Consent As is the case under the current legislation, it remains a national competence to define the age of sexual consent i.e. the age below which it is prohibited to engage in sexual activities with a child. However, the amended rules establish more clearly that engaging in sexual activities with children who have reached the age of sexual consent should be punishable if the child does not consent. The directive stipulates that consent must be given voluntarily, as a child’s freely formed will, and that it can be withdrawn at any time. It also determines that consent cannot be deemed to exist in cases in which the child is unable to form a free will. Strengthening prosecution and supporting victims In order to ensure that victims can effectively seek justice, the Council introduced a new paragraph on limitation periods. It guarantees that offences can be investigated and prosecuted for a sufficient period of time after the victim has reached the age of majority. This period runs from at least 10 years for offences punishable by a maximum penalty of at least five years of imprisonment, to at least 20 years for offences punishable by a maximum prison sentence of at least 10 years. The new rules will also contribute to making it easier to report child sexual abuse or child sexual exploitation. Member states will have to ensure that victims can report these offences through accessible, easy to use, safe and readily available (online) channels. Information on how to report sexual abuse and the tools for that purpose should be designed and accessible in a child-friendly manner and use child-friendly language. Support for the victims of child sexual abuse and exploitation will also be improved. According to the Council text, victims of these crimes must be provided with age-appropriate medical care, and emotional, psychological, psychosocial and educational support, as well as legal counsel. The new directive will also include rules on interim accommodation for victims. Compensation The Council position includes new rules on the compensation of victims and survivors of child sexual abuse. According to the Council position, member states must ensure that victims have the right to claim, from the offender, compensation for damage suffered which is the result of the offences as defined in this EU directive. Data collection and research In order to monitor and evaluate the phenomenon of sexual abuse and sexual exploitation of children, data collection is of the essence. The new rules therefore oblige member states to have a system in place for the collection, development, production and dissemination of statistics on offences. Statistics that member states will have to collect include the annual number of reported offences and convictions of offences and the annual number of persons prosecuted for and convicted of the offences in question. Next steps On the basis of the general approach agreed today, the Council will be able to enter into negotiations with the European Parliament. The Parliament has not yet established its position. Once adopted, national governments will have to adapt their criminal law codes to bring them into line with the revised EU directive.                   Background The current EU rules on sexual abuse and sexual exploitation of children were agreed in 2011. An EU study found that the increased online presence of children and technological developments pose challenges for law enforcement and create new possibilities for abuse. The review that is now on the table of EU legislators is meant to take account of these developments. This update of criminal law rules is complementary to a proposal which sets out obligations for internet companies to detect, report and remove child sexual abuse material on their services. Negotiations on this proposal are still ongoing. Directive on combating the sexual abuse and sexual exploitation of children and child sexual abuse material (general approach), 5 December 2024 ● Council of the EU   13/12/2024 10:16 | Press release | Migrant smuggling: member states reach agreement on criminal law   Today the Council agreed its position on an EU law on preventing and countering migrant smuggling. The objective of this proposal is to bring member states’ criminal law closer together on issues such as the definition and sanctioning of migrant smuggling. The position agreed today will serve as the basis for upcoming negotiations with the European Parliament. The fight against migrant smuggling is a priority of the EU, and it is a crucial element in addressing irregular migration. “If we want to be serious about protecting our borders, we need to step up the fight against migrant smuggling. Criminalising this offence in a uniform manner across the EU would play a key role in this area. By taking a firm stance against smugglers, we can protect people from being exploited by criminals.” — Bence Tuzson, Hungarian Minister of Justice Criminal offence of migrant smuggling In accordance with the agreed text, member states must ensure that in their national law, intentionally assisting a third-country national to enter, transit across or stay within the territory of any of the European Union member states in exchange for financial or material benefit constitutes a criminal offence. Penalties As regards penalties, EU countries must take action so that the offence of migrant smuggling results in a maximum term of imprisonment of at least three years. The maximum penalty levels should extend to at least eight years when smugglers operate as part of a criminal organisation or when they use serious violence against migrants. If the offence causes the death of a migrant, the maximum prison term should be at least ten years. Member states may decide to impose longer maximum penalties. The text also provides rules on penalties that apply to legal persons: either a percentage of the total worldwide turnover, or a fixed amount, up to €40 million. Humanitarian clause Member states retained the Commission’s initial proposal of inserting a so-called humanitarian clause in a recital to the proposal. The purpose of the humanitarian clause is to specify that certain assistance to irregular migrants, notably assistance to close family members or support to provide basic human needs, may not qualify as the criminal offence of migrant smuggling. Because this clause will be maintained in the recitals, it will be up to the member states to decide how to address this issue in national legislation. The text also accentuates the fact that member states are free to adopt or maintain national legislation that provides for stricter measures.  Next steps Today’s Council position will form the basis for future negotiations with the European Parliament, which is still in the process of defining its stance on the draft law. The Council and the European Parliament will have to agree on a joint text. Background Approximately 380 000 irregular border crossings were detected at the external borders of the EU in 2023. Europol estimates that more than 90% of the irregular migrants who reach the EU use the services of smugglers. Migrant smuggling is also a very profitable criminal activity. Based on UN figures, smuggling networks earn annual profits of $4.7 billion to $6 billion. Directive laying down minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the EU (general approach), 29 November 2024 ● Council of the EU   Current call for tenders, 13/12/2024   UCA-24-049 - Services de contrôles physiques des appareils à radiation ionisantes combiné avec abonnement à la dosimétrie  Date limite d'envoi des demandes de participation : 10 janvier 2025 à midi 12:00.