European Council

On 7 December 2016, the Permanent Representatives Committee (Coreper) approved a compromise text agreed with the European Parliament on an amendment to the Schengen Borders Code to reinforce checks against relevant databases at external borders. 

"This achievement was only made possible through the hard work and commitment of everyone involved", said Robert Kaliňák, Interior Minister of Slovakia and President of the Council. "It is an important response to the increase of terrorist threat in Europe and particularly crucial in the context of tackling the problem of foreign fighters." 

The amendment obliges member states to carry out systematic checks on all persons, including persons enjoying the right of free movement under EU law (i.e. EU citizens and members of their families who are not EU citizens) when they cross the external border against databases on lost and stolen documents, as well as in order to verify that those persons do not represent a threat to public order and internal security. This obligation shall apply at all external borders (air, sea and land borders), both at entry and exit. 

However, where a systematic consultation of databases on all persons enjoying the right of free movement under Union law could lead to a disproportionate impact on the flow of traffic at a sea and land border, member states may carry out only targeted checks against databases, provided that a risk assessment shows this does not lead to risks related to internal security, public policy, international relations of the member states or a threat to public health.

As regards air borders, the institutions agreed that member states may use this possibility, but only during a transitional period of 6 months from the entry into force of the amended regulation. This period may be prolonged by a maximum of 18 month in exceptional cases, where at a specific airport there are infrastructural difficulties requiring a longer period of time for adaptations to allow for the carrying out of systematic consultations of databases without disproportionate impact on the flow of traffic.

Background 

This regulation to amend the Schengen Borders Code (SBC) was presented by the European Commission in December 2015. It is a response to the increase of terrorist threats and to the call from the Council in its Conclusions of 9 and 20 November 2015 for a targeted revision of the SBC in the context of the response to "foreign terrorist fighters". The agreement is also a tangible outcome of the Bratislava Declaration and Roadmap, agreed by the leaders of the 27 member states on 16 September 2016. 

While member states are obliged to check third country nationals systematically on entry against all databases for reasons of public order and internal security, the current provisions do not provide for such a check on exit in all databases. Nor do they provide for a systematic check of persons enjoying the right of free movement under EU law. The amendment will align the obligations to include systematic checks on exit to ensure that both third country nationals and EU citizens and their family members do not present a threat to public policy and internal security. 

The amendment makes the use of the Schengen Information System and other relevant Union databases more intensive and it gives the possibility for consulting other Interpol databases. Consultation of the Interpol database on stolen and lost travel documents is an obligation for checks of third country nationals and persons enjoying the right of free movement under Union law both, on entry and on exit. 

Next steps 

Now that the agreement has been confirmed by the Permanent Representatives Committee, on behalf of the Council, the regulation will be submitted to the European Parliament for a vote at first reading, and to the Council for adoption.

I would like to congratulate you wholeheartedly on your appointment at the helm of the French government as Prime Minister. On behalf of the European Council and personally, I wish you every success in that high office.

At a time when France and the European Union are facing multiple political and economic challenges, it remains essential for the French government, the governments of all the member states and the EU institutions to work together to find joint solutions.

Yours sincerely,

The Council: 

1.           WELCOMES the Commission Communication of 25 October 2016[1] on building a fair, competitive and stable corporate tax system for the Union (doc. 13729/16) and related legislative proposals; 

2.           RECALLS the European Council conclusions of 18 December 2014 stating the urgent need to advance efforts in the fight against tax avoidance and aggressive tax planning, both at the global and EU levels and REITERATES its commitment to principles of international taxation; 

3.           RECALLS its conclusions on Base Erosion and Profit Shifting (BEPS), adopted on 8 December 2015 (doc. 15150/15) and on the Communication from the Commission of 5 July 2016 on further measures to enhance transparency and the fight against tax evasion and avoidance of 11 October 2016 (doc. 13139/16); 

4.           RECOGNISES recent important achievements in the field of corporate taxation in the Union and in particular the legislation aimed at increasing tax transparency and ensuring that companies operating in the European Union pay taxes where profits are generated; 

5.           REAFFIRMS the importance of continuing to promote tax good governance in the EU's relations with international partners to ensure an effective level-playing field between the Member States of the EU and third States; 

6.           ENDORSES the view that the EU tax environment could benefit from a forward-looking framework for corporate taxation that is growth-friendly and efficient, fair and effective in tackling aggressive tax planning practices, without prejudice to Member States' competence in these matters; 

7.          UNDERLINES the importance of having corporate tax rules which offer stability, legal certainty and administrative simplification to large companies as well as small and medium sized enterprises (SMEs) and, in the light of this, WELCOMES further discussion on the proposal on a Common Corporate Tax Base (CCTB) and on a Common Consolidated Corporate Tax Base (CCCTB); 

8.           NOTES the  two step approach proposed by the Commission concerning the proposals on a Common Corporate Tax Base (CCTB) and on a Common Consolidated Corporate Tax Base (CCCTB) and SUPPORTS the view that work should focus as a priority on the elements of a common tax base; 

9.           TAKES NOTE of the incentives for research and development, and innovation as well as investment incentives at EU level proposed by the Commission and INVITES Member States to continue discussion on assessing the need and the  added value of the elements proposed on this matter; 

10.        CONCURS that current international tax rules can, in some cases, lead to double taxation and double non-taxation that should be eliminated through coordinated EU measures and Acknowledges that there is a need to review existing dispute resolution mechanisms to enhance tax certainty for business in the EU; 

11.        Therefore LOOKS FORWARD to the examination of the proposal for a Double Taxation Dispute Resolution Mechanism in the European Union for businesses in the EU; 

12.        NOTES the ambitious timeline proposed by the Commission in  the proposals on CCTB, CCCTB and Double Taxation Dispute Resolution Mechanism, and CALLS FOR swift progress on the examination of these legislative files; 

13.        INVITES incoming Presidencies to sequence the work on the CCTB and CCCTB proposals along the lines of the following: 

(a)     As a start, Member States should concentrate their efforts on the rules for calculating the tax base and, in particular, on the new elements of the relaunched initiative (chapters I to V); 

(b)     Member States should then concentrate on the remaining elements of the common base (chapters VI to XI), that is: i) those that have already been extensively discussed under the 2011 proposal for a CCCTB, and ii) those that are included in the recently adopted Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market; 

(c)     Tax consolidation should be examined without delay once the discussion on these elements has been successfully concluded; 

14.        RECALLS its statement on hybrid mismatches at the Council (ECOFIN) meeting on 12 July 2016, and therefore WELCOMES the proposal amending Directive (EU) 2016/1164 as regards hybrid mismatches with third countries; 

15.        ACKNOWLEDGES that these initiatives may contribute to building a fair, competitive and stable corporate tax system for the EU. 

 [1]         Communication from the Commission to the European Parliament and the Council of 25 October 2016 on building a fair, competitive and stable corporate tax system for the EU (doc. 13729/16). 

The Council (ECOFIN) adopted the following conclusions: 

A number of positive developments in the EU since the global economic and financial crisis signal the resilience and recovery of the European economy. All Member States' economies are growing again, investment has started to pick up and 8 million new jobs have been created since 2013. However, since the global economic and financial crisis, the level of investment in the EU has fallen substantially. Economic recovery, job creation, long-term growth and competitiveness are being hampered as a result. In this context the Investment Plan for Europe presented in November 2014 aims to address this low investment via three mutually reinforcing pillars: mobilising private finance for investment; targeted initiatives to ensure investment reaches the real economy and improving the investment environment by removing sector specific and other barriers to investment. 

Under the first pillar, the European Fund for Strategic Investment (EFSI) is expected to have already mobilised total investment of 154bn euros. The European investment Advisory Hub, which constitutes the second pillar, together with the European Investment Project Portal, has been active since September 2015 and has been providing advice to projects in a majority of the Member States. Furthermore, the Council RECOGNISES aggregate demand as a driver of investment and CONSIDERS that in order to unlock the full potential of the opportunities provided by the Investment Plan, and to mobilise its full multiplier effect, relevant and appropriate measures including structural reforms to remove barriers to investment under the so-called "third pillar" of the plan are critical. This requires implementing an ambitious agenda to further strengthen the Single Market, providing greater regulatory predictability and removing remaining bottlenecks to investment through combined actions at EU and at Member State level. Against this background, the Council WELCOMES the work conducted by the Economic Policy Committee, in cooperation with services of the Commission and the European Investment Bank to identify bottlenecks to investment. 

The Council STRESSES that completing the Single Market is essential for the delivery and success of the objectives of the Investment Plan for Europe. Europe needs a regulatory environment which is predictable, reduces administrative burdens and encourages investment and needs to actively work to achieve these conditions. Favourable framework conditions for businesses across the Single Market are essential to unlock the full potential of investment. To this end the Council WELCOMES the Commission´s efforts to improve Europe´s investment environment and facilitate the financing of the real economy and CALLS on the Commission to continue with these efforts in the context of the Energy Union, the Capital Markets Union, the Single Market Strategy for Goods and Services, the Digital Single Market Strategy, the Better Regulation Agenda, as well as the Circular Economy package. The Council NOTES the Commission's legislative proposal amending Directive 2012/30/EU on insolvency procedures which will be assessed as a matter of priority. 

The Council STRESSES that further progress towards increasing investment in Europe, and the success of the Investment Plan are strongly contingent on the implementation of structural reforms to address bottlenecks to investment identified under the third pillar but, as noted by Council in July 2016, progress on improving the investment environment has been insufficient so far. 

In light of the work carried out so far, the Council HIGHLIGHTS the following specific bottlenecks to investment:   

• The most frequent barriers to investment are for example related to an unfavourable business environment, inefficiencies in public administration, frequent changes to regulation, market size and structure, and high sector-specific administrative and regulatory burdens. In some countries, access to finance particularly for SMEs, complex taxation systems and/or a high level of capital taxation, distortions in product and labour markets, and weaknesses in research and innovation frameworks can also hinder investment.
• Investment in Network Industries: Investment in sectors of transport, energy, and telecoms combined has constituted on average around 3% of GDP for the EU 28. Whilst often of a sector specific nature, there are substantial and growing synergies between networks across sectors which are shaping market dynamics through new uses for infrastructure and demanding changes in business models. In the energy sector, new services rely on fast precise telecommunication leading operators to invest in broadband infrastructure. In the transport sector, new services are being developed relying on quality electricity infrastructure and advanced telecoms.
• Whilst this varies across the EU, important bottlenecks hampering investment include a lack of interconnection of networks across the EU, complexity and heavy burden within the regulatory framework, lengthy permit procedures, the lack of competitive tendering often limiting the full benefit of public procurement, and time overruns due to unnecessary lengthy legal and administrative procedures.
• In energy markets, consistent price signals are important for a market based and efficient allocation of investment. Any public intervention should aim to minimise regulatory distortions and address misaligned incentives. Instruments to support the transition to the low carbon economy need to be designed to ensure environmental, social and fiscal sustainability over time.
• Investment into Energy efficiency and residential investment in renewable energy: households may face specific constraints leading to sub-optimal investment decisions for the long term. These can include a lack of awareness of the true costs and returns to investment as they are not matched over time. Households may also face a limited access to finance, with a need for affordable financing products to incentivise consumers, particularly low-income households for example through large scale or pooling solutions while also respecting their risk profiles. Investments are typically small and often only considered as part of periodic renovation projects. In the case of rental markets, incentives may be split between building owners and renters.
• Investment for the Digital Economy: investment in digital physical infrastructure is key in order for the EU to benefit from the wave of innovation brought by the expansion of the digital economy and to continue being competitive. However, important bottlenecks hamper investment. Deployment costs for very high capacity broadband networks are high and sometimes not commercially viable in less densely populated areas. Directive 2014/61/EU, which aims to help reduce those costs, still has to be fully transposed and implemented in most Member States. Quicker and more efficient administrative procedures would also help to reduce costs. Markets are often national which keeps costs high and may hamper the realisation of economies of scale. Uncertainty about the short-term uptake of very high capacity broadband implies low expected earnings compared to investment costs and acts as a brake on investment. In some countries, other obstacles than those linked to the physical infrastructure also exist, such as a lack of trust in security of digital systems and insufficient digital skills among layers of the population.  
• The use of Public Private Partnerships (PPPS): Public Private Partnerships can, when used appropriately, represent a facilitator for specific kinds of investment and offer an alternative way to deliver public assets and services. As long-term contractual obligations they however require strong and stable commitment from public and private sector partners and are a potential source of risk to public finances. Their use is often hampered by unfavourable framework conditions including a lack of administrative resources, unstable and ineffective regulatory framework and a lack of political commitment for longer-term investments. In certain circumstances EU funds may contribute to funding PPPs, and the recent changes in the regulations should facilitate the blending of EU funds and PPPs.
• Insolvency Frameworks: Well-functioning insolvency frameworks benefit economic growth and financial stability. Clear rules for cross-border procedures may contribute to cross-border investment, as well as reduced differences in insolvency systems across countries. Insolvency regimes differ significantly across the EU, with the length and cost of procedures, their predictability and transparency, second chances for entrepreneurs and consumers, and the possibility of restructuring debt all varying.  
• Important bottlenecks created by inefficient insolvency frameworks may include low recovery rates for claimholders, including secured creditors, the possible use of creditor priority ranking, and a lack of effective and efficient restructuring procedures. Adequate flanking policies that would help reap the benefits of effective insolvency frameworks include the resolution of Non Performing Loans including via the creation of a secondary market, at the national level, and adequate tax and prudential policies to ensure effective offloading of bad debt.
• There remains considerable potential to further promote synergies and complementarities between EU financial instruments to support blending of funds for infrastructure projects. Regulatory complexities and administrative bottlenecks for the use of EU funds can be reduced through the key principles of simplification and standardisation of process, combination of instruments, and pooling of resources irrespective of their origin.

The Council TAKES NOTE of the bottlenecks to investment identified by this work and INVITES the Commission to consider these findings into further draft recommendations in the framework of the European Semester and INVITES Member States to fully implement the 2016 Council Country Specific Recommendations issued under the European Semester and particularly those identifying investment bottlenecks. 

The Council HIGHLIGHTS the need to continue the work on identifying the barriers to investment and INVITES the Economic Policy Committee to continue its thematic work to identify further investment bottlenecks and best policy practices to address them. Furthermore, the Council INVITES the European Investment Bank to complement the work of the Economic Policy Committee through its findings on barriers and bottlenecks to investment identified when carrying out its market-based activities, notably under the Investment Plan for Europe.  

Place:       Justus Lipsius building, Brussels
Chair:       Employment and Social Policy: Mr Jan Richter, Minister for Labour, Social Affairs and Family of Slovakia; Health: Mr. Tomáš Drucker, Minister for Health of Slovakia

All times are approximate and subject to change

EMPLOYMENT AND SOCIAL POLICY

+/- 08.50
Doorstep by Jan Richter

+/- 09.30
Beginning of the meeting (Roundtable Employment and Social Policy)
Adoption of the agenda
Adoption of the non-legislative A Items
Adoption of the legislative A Items (public session)

+/- 09.45
European agencies (Eurofound, EU-OSHA, CEDEFOP)

+/- 10.25
Posting of workers

+/- 10.50
European accessibility act

+/- 11.00
Equal treatment

+/- 11.10
European pillar of social rights

+/- 14.45
Council conclusions on accelerating the process of Roma integration (public session)
Council conclusions on women and poverty

+/- 15.10
European Semester 2017

+/- 16.10
Council conclusions on Youth Guarantee and the Youth Employment Initiative

+/- 16.20
Any other business

+/- 16.30
Press conference (live streaming)

HEALTH

+/- 14.15
Doorstep by Tomáš Drucker

+/- 16.45
Beginning of the meeting (Roundtable Health)

+/- 16.50
Annual growth survey 2017 (public session)

+/- 17.35
Any other business

+/- 19.00
Press conference (live streaming)

The Eurogroup welcomes the progress that has been made in reaching full staff-level agreement between Greece and the institutions in the context of the second review of the ESM programme. In particular, the Eurogroup welcomes the agreement with the European institutions on a budget for 2017, which confirms the agreed primary balance target of 1.75% of GDP and which allows for the national rollout of the Guaranteed Minimum Income (GMI), which establishes a genuine social safety net. The Eurogroup notes that staff-level agreement should include measures to reach the agreed fiscal target for 2018 (a primary balance of 3.5% of GDP), as well as reforms to enhance growth and cost competitiveness, including further substantial reforms of the labour market, the opening up of closed professions and the removal of barriers for investment. 

In particular, the Eurogroup recalls that the appointment of the members of the Board of Directors of the Hellenic Corporation of Assets and Participations (HCAP) should be implemented before the end of January 2017 to make the fund fully operational. 

The Eurogroup recalled that the primary surplus target of 3.5% of GDP reached by 2018 should be maintained for the medium-term. We also recalled the importance of a fiscal trajectory that is consistent with the fiscal commitments under the EU framework. In order to ensure compliance with the fiscal targets in a sustainable manner after the completion of the programme, the Greek authorities commit to agree with the institutions on a mechanism and structural measures that would ensure this. 

Today the Eurogroup discussed again the sustainability of Greek public debt with the objective to regain market access. In this context, the Eurogroup endorsed today the full set of short-term measures on the basis of proposals by the ESM and preparatory work by the EWG, which will be implemented by the ESM following this meeting.  Those measures will consist of: 

• The smoothening of the EFSF repayment profile within the current weighted average maturity of up to 32,5 years;
• The waiver of the step-up interest rate margin amounting to 200 bps related to the debt buy-back tranche of the 2nd Greek programme for the year 2017;
• The use of the EFSF/ESM funding strategy as markets allow to reduce interest rate risk without incurring any additional costs for former programme countries. This measure will be implemented through: (i) exchanging the EFSF/ESM back-to back notes supporting the bank recapitalization loans to Greece, (ii) the ESM entering into interest rate swaps to mitigate the risk of higher market rates and  (iii) introducing matched funding for future disbursements to Greece under the current programme.

The short-term debt measures will have a significant positive impact on the sustainability of Greek debt. 

The Eurogroup calls upon the institutions and Greece to swiftly resume negotiations in order to reach staff-level agreement as soon as possible, based on a shared conditionality, as agreed in August 2015, and mandates the EWG to assess this. The Eurogroup stands ready, in line with usual practice, to support the completion of future reviews provided that the policy package, including the contingency fiscal mechanism as agreed in the context of the first review, is implemented as planned. The Eurogroup confirms that the programme implementation, as well as policy conditionality and targets, will be reviewed regularly based on input from the institutions. 

The IMF staff reconfirmed today its intention to recommend to the Fund's Executive Board a new financing arrangement for Greece as soon as possible once staff-level agreement is reached in accordance with established Fund policies. 

The full implementation of all prior actions related to the second review and the completion of national procedures would pave the way for the ESM governing bodies to approve the supplemental Memorandum of Understanding.

On 5 December 2016, the U.S.-EU Ministerial Meeting on Justice and Home Affairs occurred in Washington, D.C. The meeting reaffirmed the strong and historical bonds between the United States and the European Union, and the commitment to continue working closely together in the areas of Justice and Home Affairs.

The United States of America, hosting the event at the Department of Justice, was represented by U.S. Attorney General Loretta Lynch and by Secretary of Homeland Security, Jeh Johnson.

The European Union was represented by the Commissioner for Migration, Home Affairs and Citizenship Dimitris Avramopoulos and by Slovak Deputy Prime Minister and Minister of Interior Robert Kaliňák, on behalf of the Presidency of the Council of the European Union.

The United States of America and the European Union underlined the critical importance of their robust relationship and cooperation in the area of Justice and Home Affairs and the need to sustain and deepen cooperation while facing the shared security challenges, for the benefit  of the security of citizens in the United States and in the European Union.

Both sides confirmed the completion of their internal approval procedures for the EU-U.S. Data Protection "Umbrella" Agreement, and welcomed this important step for strengthening data protection in law enforcement cooperation across the Atlantic. On that basis, the U.S Attorney General will now make the  necessary designations under the Judicial Redress Act to allow the swift entry into force of the Agreement.

The United States and the European Union discussed their common efforts to fight terrorism, including through improved information sharing, and addressing the issue of radicalization. The sides also exchanged views and took stock of recent European Union actions in the areas  of migration, border management and its role in ensuring internal security. They also discussed questions related to Chemical, Biological, Radioactive and Nuclear materials.

The European Union stressed the importance of achieving full visa reciprocity with the United States as soon as possible.

The sides reaffirmed the need to step up joint work on cybersecurity and cybercrime in all its dimensions including with the private sector.

The discussion further covered the implementation of the U.S.-EU Mutual Legal Assistance Treaty and the question of access by law enforcement authorities to electronic evidence. Participants also recognized the challenges posed by the existing legal frameworks in terms of cross-border access to digital evidence and agreed to regularly discuss these issues with a view to proposing common solutions. The participants also discussed recent extradition matters.

Reiterating the progress made and the need to face global challenges together, the United States and the European Union committed to continue their constructive dialogue and meet again in the first half of 2017.

On 6 December 2016, the Council adopted a directive granting access for tax authorities to information held by authorities responsible for the prevention of money laundering. 

The directive will require member states to provide access to information on the beneficial ownership of companies. It will enable tax authorities to access that information in monitoring the proper application of rules on the automatic exchange of tax information. 

It will thus help prevent tax evasion and tax fraud.

The directive will apply as from 1 January 2018. It is one of a number of measures set out by the Commission in July 2016, in the wake of the April 2016 Panama Papers revelations.

Challenges 

The EU has made significant progress in recent years to enhance tax transparency and strengthen cooperation between the member states' tax authorities. Recent amendments to anti-money-laundering legislation recognise the links between money laundering and tax evasion, as well as the challenges faced in prevention. 

Media leaks such as the Panama Papers, revealing large-scale concealment of offshore funds, have highlighted areas where further measures need to be taken. The transparency framework must be further reinforced at both EU and international levels. 

Automatic exchange of information 

In particular, tax authorities need greater access to information on the beneficial ownership of intermediary entities and other relevant customer due diligence information. 

Provisions on the automatic exchange of tax information are set out by directive 2014/107/EU. 

Where a financial account holder is an intermediary structure, banks are required to look through that entity and report its beneficial ownership. Applying that provision relies on information held by authorities responsible for the prevention of money laundering, pursuant to directive 2015/849/EU. 

Access to that information will ensure that tax authorities are better equipped to fulfil their monitoring obligations under directive 2014/107/EU. 

Adoption and implementation 

The directive was adopted at a meeting of the Economic and Financial Affairs Council, without discussion. The European Parliament has gave its opinion on 22 November 2016.

Member states will have until 31 December 2017 to transpose the directive into national laws and regulations.

On 6 December 2016, the Council agreed its stance on a proposal to extend the lifespan of the European fund for strategic investments (EFSI), the EU's flagship initiative under its 'investment plan for Europe'. 

The agreed compromise involves extending the EFSI in terms of both duration and financial capacity, mobilising at least half a trillion euros of investments by 2020. It also introduces a number of operational improvements to take account of lessons learned from the first year of implementation. 

"Europe is facing many challenges today and the need to boost investment is one of them. We need to play our part”, said Peter Kažimír, Slovak minister for finance and president of the Council. 

"Today's agreement means that we are delivering on one of our top priorities, in line with the Bratislava roadmap agreed in September. It is also a crucialstep in the right direction", he said. "I am confident that a bigger, smarter and more effective EFSI supported by a well-functioning capital markets union is aright path to take." 

Talks will start with the European Parliament once the Parliament has agreed its negotiating stance. 

The Commission considers that the EFSI is achieving its objectives and that maintaining a scheme to support investments is warranted. It notes that three evaluations of the EFSI, including an external, independent evaluation, concur on its success so far and on the need to reinforce the initiative. 

Investment conditions have improved in the EU since the investment plan was launched. Economic confidence is returning and the plan is already delivering results. Established in mid-2015, the EFSI is on track for attaining its €315 billion target in additional investments by mid-2018. 

For SMEs, it is delivering well beyond expectations. Projects approved by November 2016 are expected to mobilise €154 billion in total investments, covering 27 member states, and to support over 376 000 SMEs. 

Main changes 

The Council agreed that efforts should be continued and private investment should be attracted to the maximum extent possible. 

The compromise provides for: 

•  an extension to the lifespan of the EFSI until 2020; 
•  an increase in the investment target to €500 billion; 
•  an increase in the EU budget guarantee to €26 billion (of which €16 billion will be available for guarantee calls until mid-2018);
•  an increase in the European Investment Bank's contribution to €7.5 billion (from €5 billion currently). 

The compromise also includes technical enhancements in the light of lessons learned from the first year of implementation. 

These relate in particular to: 

• enhanced geographic coverage;
• additional sectors to be covered: agriculture, forestry, fisheries, aquaculture and other elements of the bioeconomy, as well as sectors eligible for EIB support in less-developed and transition regions; 
• strengthened climate-related actions, with the aim that at least 40% of EFSI financing contribute to climate action; 
• the additional nature of investments: it is made even clearer that EFSI projects should address sub-optimal investment situations and market gaps; 
• provisions on transparency; 
• the 'European investment advisory hub', providing more targeted support to member states with difficulties in developing projects. 

The EFSI operates within the EIB, under an agreement between the EIB and the Commission. Any project supported by the EFSI must be approved by the EIB. 

Encouraging private investments 

The fund is aimed at encouraging private investor participation in a broad range of new investment projects. To do this, it takes on part of the project risk through a first-loss liability. Currently building on €16 billion in guarantees from the EU budget and €5 billion from the EIB, the aim is to achieve a multiplier effect of 1:15. 

Projects currently cover transport, energy and broadband infrastructure, education, health, research and risk finance for SMEs. The EFSI targets socially and economically viable projects without any sector-specific or regional pre-allocation. 

Governance 

The fund has a two-tier governance structure: 

• a steering board, composed of members from Commission and EIB, which sets the overall strategy, investment policy and risk profile of the fund;
• an investment committee, composed of 8 independent experts and a managing director, which selects projects for EFSI support. 

Procedure 

Agreement was reached at a meeting of the Economic and Financial Affairs Council. 

The regulation requires a qualified majority for adoption by the Council, in agreement with the European Parliament. (Legal basis: articles 172, 173, 175(3) and 182(1) of the Treaty on the Functioning of the EU.) 

On 7 December 2016 the Council's Permanent Representatives Committee (Coreper) approved a final compromise on revised rules for the collection, management and use of data in fisheries.

Thanks to this agreement, there will be an improved framework for gathering extensive and reliable information and for making it available at regional and European level. Reliable data is essential for the implementation of the Common Fisheries Policy (CFP) and will allow for a better evaluation of essential issues in fisheries management.

The agreement, which was successfully concluded under the Slovak Presidency, is still subject to the approval of the European Parliament's committee on fisheries (PECH).

"Getting reliable data is not a technical detail, but a fundamental issue", said Gabriela Matečná, minister for agriculture and rural development of Slovakia and President of the Council, "Good data is indispensable if politicians are to make sound and well-informed decisions firmly grounded in the best possible scientific advice. We therefore very much welcome this agreement".

The agreed draft regulation aims to align the existing data collection framework with the new CFP and to simplify the current system.

The 2013 reform of the CFP introduced new data needs to assess, among others, the progressive achievement of the maximum sustainable yield (MSY), the impact on fisheries and aquaculture, and the effects of the landing obligation.

The new rules will ensure that all these relevant data are collected following a cost/benefit approach and without duplication of effort, thus reducing the administrative burden.

Next steps

The Chairman of Coreper will send a letter to the Chairman of the European Parliament's PECH committee. This letter will indicate that, if the Parliament adopts at its plenary session the compromise text as approved by the Coreper, the Council will then adopt the text in first reading without amendment.

This should enable the new legislation to enter into force by mid 2017.

Background

A EU framework for the collection and management of fisheries data was established in 2000, and then reformed in 2008 resulting in the Data Collection Framework (DCF). The DCF established a harmonised set of EU rules governing the collection of biological, environmental, technical, and socio-economic data on the fishing, aquaculture and processing sectors.

Place:        Justus Lipsius building, Brussels
Chair:        Peter Kažimír, Minister for finance of Slovakia

All times are approximate and subject to change.

from 07.30 
Arrivals (live streaming) 

+/- 08.45    
Doorstep by Minister Kažimír 

+/- 09.00    
Ministerial breakfast (Roundtable) 

+/- 10.00    
Beginning of the Council meeting
Adoption of the agenda
Approval of legislative A items (public session)
Investment Plan for Europe (public session)
Anti-tax avoidance directive 2 (public session)
Enhanced cooperation in the area of financial transaction tax (public session)
Banking Union: risk reduction measures (public session)
Any other business:
- Anti-money laundering (public session)
- Financial service ligislative proposals (public session)
- VAT digital package (public session)
Approval of non-legislative A items
Implementation of the Banking Union
Deepening the EMU:  Follow- up of the 5 Presidents ' Report
European Semester 2017
Fight against financing terrorism
Customs
Fiscal rules - predictability and transparency
Any other business:
- Capital markets Union                  

At the end of the meeting
Press conference (live streaming)

The Eurogroup discussed draft budgets of euro area member states and budgetary situation for the euro area as a whole. 

On 30 November 2016, the Permanent Representatives Committee (Coreper) confirmed the agreement reached by the Slovak presidency with the European Parliament on the Directive on combatting terrorism. Today, 5 December, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs also confirmed that agreement. This confirmation paves the way for the final formal adoption of the directive in the coming months.

To respond to the evolving terrorist threat, the Directive strengthens the EU's legal framework in preventing terrorist attacks by criminalising acts such as receiving training  for terrorism and travel for terrorist purposes, as well as organising or facilitating such travel. It also reinforces the rights for the victims of terrorism. 

Lucia Žitňanská, minister for Justice of Slovakia said: "The agreement we have reached is the right balance between the need to effectively combat new forms of terrorism - in particular foreign fighters - while at the same time safeguarding individual rights and reinforcing protection and rights of victims of terrorism. However, it is just one side of the story. It is a common understanding between the Parliament, the Council and the Commission that a comprehensive response to the evolving terrorist threat have to include effective measures on prevention of radicalisation and an efficient exchange on information on terrorist offences." 

The Directive strengthens and updates the existing Framework Decision 2002/475/JHA, in particular, as it criminalises: 

• Travelling for terrorist purposes, to counter in particular the phenomenon of foreign terrorist fighters. The compromise reached between the institutions will ensure that for example travel to conflict zones with the purpose to join the activities of a terrorist group or travel to a EU Member State with the purpose to commit a terrorist attack will be made punishable. 
• The organisation and facilitation of such travels, including through logistical and material support, for example the purchase of tickets or planning itineraries;
• Receiving training for terrorist purposes,  e.g. in the making or use of explosives, firearms, noxious or hazardous substances mirroring the already existing provision of knowingly providing such a training ;
• Providing or collecting funds with the intention or the knowledge that they are to be used to commit terrorist offences and offences related to terrorist groups or terrorist activities;

The Directive will also complement the current legislation on rights for victims of terrorism. In this respect, the compromise text includes a catalogue of services to meet the specific needs of victims of terrorism, such as the right to receive immediate access to professional support services providing medical and psycho-social treatments, or to receive legal or practical advice, as well as assistance with compensation claims. The emergency response mechanisms immediately after an attacks will be also strengthened. 

The Directive envisages also enhanced rules for exchange of information between the Member States  related to terrorist offences  gathered in criminal proceedings. 

Next steps

With the political agreement confirmed by both institutions the text will now go to revision by lawyer linguists before the final adoption by the Parliament and the Council early next year.

Background 

The proposal was presented in the context of the Renewed EU Internal Security Strategy and following the call of the Council for accelerated action in the aftermath of the Paris attacks of 13 November 2015. It takes into account the requirements stemming from several international texts: 

• The UN Security Council Resolution 2178 (2014) and the Additional Protocol to the Council of Europe (CoE) Convention on the Prevention of Terrorism, aimed at countering the phenomenon of foreign terrorist fighters;
• The standards of the Financial Action task Force (FATF) regarding the financing of terrorism.

 

On 1 December 2016, the Permanent Representatives Committee (Coreper) agreed on the Council's negotiating position on the regulation on the European fund for sustainable development (EFSD) and establishing the EFSD guarantee and the EFSD guarantee fund. The text will be presented for adoption to the Council in December 2016.

''This is an important milestone in our efforts to make this fund a reality. The EFSD aims in particular at tackling the root causes of irregular migration by creating job opportunities, encouraging investments and facilitating sustainable development in partner countries. It is a vital  instrument. Today's agreement respects the end-of year deadline set by the European Council. Based on this mandate, negotiations with the European Parliament should begin next year.''

Peter Javorčík, Permanent Representative of Slovakia to the EU and President of the Permanent Representatives Committee

The EFSD will be composed of two regional investment platforms which will support investments and increase access to financing, primarily in Africa and the European neighbourhood. It will do so by supplying financing capacity in the form of grants, guarantees and other financial instruments, including blending, with the total foreseen budget of 3.35 billion euro, with a potential to mobilise up to 44 billion euro of investments. Its management will be ensured by the European Commission in close cooperation  with the European Investment Bank.

The fund will operate as a "one-stop shop" to receive financing proposals from financial institutions and public or private investors and deliver a wide range of financial support to eligible investments.

The regulation also establishes an EFSD guarantee and a guarantee fund. This will allow the EU to provide guarantees to eligible counterparts for specific financing and investment operations. The EFSD guarantee fund will constitute a liquidity cushion from which eligible counterparts would be paid in the event of a call on the EFSD guarantee. Resources for this fund will come from the general budget of the EU, voluntary contributions from member states, returns on invested resources of EFSD guarantee fund, amounts recovered from defaulting debtors and any other payments received by the EU as part of the guarantee agreements. 

Today I warmly welcome Prime Minister Kvirikashvili to Brussels. And let me use this opportunity to congratulate you, Giorgi, on your re-appointment as Prime Minister. I have enjoyed working with you during the last year and I now look forward to building on our good cooperation.

The recent parliamentary elections in Georgia were competitive and respected fundamental freedoms. It was a true success for Georgia's democracy and I thank the Prime Minister for his government's dedication to ensuring such an outcome. In our meeting today I encouraged the Prime Minister to continue his close dialogue with the opposition and Georgian civil society and to govern and advance reforms in an inclusive fashion.

In today's talks we discussed the strong relations between Georgia and the European Union. I paid tribute to Georgia's ambitious reform programme under the Association Agreement and Deep and Comprehensive Free Trade Area (AA/DCFTA), for the benefit of Georgia and EU-Georgia relations. The EU will continue to assist you in this process.

I also want to thank Georgia for being a strong partner in the Eastern Partnership. I look forward to setting further common objectives for this cooperation at our next Eastern Partnership Summit in November next year.

And let me also take this opportunity to thank Georgia for its continued contributions to EU crisis management operations, assisting us in advancing EU foreign and security policy objectives.

When it comes to visa-free travel for Georgians, all Member States confirmed last October the assessment that Georgia has met all the required benchmarks. We are now working hard on the EU side, and I want to underline only on the EU side because this is now only our internal problem, to make sure that the required visa suspension mechanism, which is a horizontal mechanism for all EU's visa arrangements, will be agreed as soon as possible. Georgia deserves a timely and positive finalisation of this process.

Finally, let me express my concern about the recent ratification of the so-called agreement between Russia and the Georgian breakaway region of Abkhazia on military cooperation. For the EU it is clear that this agreement violates international law, including the principle of the inviolability of Georgia's sovereignty, territorial integrity and internationally recognised borders. It has no legal status for the European Union.

We are committed to a peaceful resolution of the conflict in Georgia, including through our co-chairmanship of the Geneva International Discussions and the EU Monitoring Mission. In short, the EU will remain firm in its support of the territorial integrity of Georgia.

The Hague, 25 November 2016

Mrs. Emily O'Reilly
European Ombudsman

Subject: Initiatives to improve Eurogroup transparency

Thank you again for your encouraging words and remarks, which will feed into our further reflection on the matter in due course.

Let me clarify a few of the points you mentioned in your letter:

First, access to documents held only by the national delegations participating in the Eurogroup, but not by its support structures in the General Secretariat of the Council and the Commission. In the Eurogroup of 7 March 2016 it was decided that documents submitted to the Eurogroup will, as a rule, be published, unless there are well-founded objections such as i) documents which are still work in progress, and/or subject to further substantial changes; ii) documents containing confidential or market-sensitive information; and iii) documents for which the author institution objects to their publication.

The bulk of the Eurogroup documents is prepared by the European Commission and ESM. The agreement applies to all documents submitted to the Eurogroup. However - as mentioned in my previous letter- EU Regulation 1049/2001 does not apply to the Eurogroup, it not being an institution or body within the meaning of the Treaties, as recently judged by the European Court ofJustice in the Cypriot bail-in cases. Therefore documents held by national delegations will have to be handled in accordance with the national legislation on transparency. In case a request is made for public access to those documents I will redirect the request to the relevant national institution.

Second, the remarks concerning the Eurogroup Working Group (EWG). The role of the EWG is to prepare the meetings of the Eurogroup at a technical level. Its proceedings are hence closely aligned to the Eurogroup agenda, which is now published, in annotated form, prior to the Eurogroup meetings. Moreover, my Eurogroup summing-up letters are now also published shortly after the Eurogroup meetings and reflect the preparatory work of the EWG when relevant. In deciding on its transparency regime, the Eurogroup adhered to the existing legislation and upheld the confidential nature of the EWG proceedings.

Third, the publication of programme documentation. In the ESM Board of Governors (BoG) meeting in June it was indeed confirmed to publish programme documentation ahead of the ESM Board of Governors meetings. This arrangement is consistent with the decision to publish programme documents after the Eurogroup meetings. The ESM governing bodies typically convene once the relevant national procedures, which commence after the Eurogroup has reached a political understanding, have run their course. Publishing these documents prior to the Eurogroup meetings was not deemed appropriate by the Eurogroup since they can be subject to change and are part of a negotiation process.

Fourth, the overview of Eurogroup documentation. I am pleased to inform you that since the introduction of the transparency regime, the Eurogroup has not only published on its website the annotated agenda and summing-up letters of all its meetings, but also other documents, which mainly concern notes underlying our thematic discussions. Programme documentation is published on the website of the European Commission and the ESM.

Let me reassure you once again that we are committed to furthering the transparency of the political deliberations of the Eurogroup despite the fact that the EU provisions in this regard are not directly applicable.

I am confident that the initiatives which we have started to implement will indeed address the information needs of the European citizens and thereby contribute to an improved understanding of our work.

Kind regards,

Jeroen Dijsselbloem
President of the Eurogroup

Place:        Justus Lipsius building, Brussels
Chairs:      Peter Žiga, Minister for the Economy of Slovakia

All times are approximate and subject to change

+/- 09.20
Doorstep by Minister Peter Žiga

+/- 10.00
Beginning of Council meeting (roundtable)

+/- 10.05
Adoption of legislative A items (public session)

+/- 10.15
Measures to safeguard the security of gas supply (public session)

+/- 11.55
The Energy Union package (public session)

Progress with the development of the external dimension of the EU energy policy

Any other business

+/- 16.00
a)  Current legislative proposals (public session)
i)   Framework for energy efficiency labelling
ii)  Information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy

b)  External energy relations

c)  International Energy Agency: Long-term financial health

d)  Work programme of the incoming Presidency

+/- 16.30
Press conference (live streaming)

The third meeting of the EU−Georgia Association Council will take place on 2 December 2016 in Brussels. 

The meeting will be chaired by High Representative for Foreign Affairs and Security Policy Federica Mogherini, on behalf of the European Union. Georgia will be represented by its Prime Minister Giorgi Kvirikashvili.

A press conference will take place after the meeting, on Friday 2 December at 11.00 in the Justus Lipsius building (main press room).

The Association Council will discuss relations between the EU and Georgia, specifically on:

• Political dialogue and reform, political association;
• Economic and sectoral cooperation, as well as trade and trade-related matters, including the Deep and Comprehensive Free Trade Agreement (DCFTA)
• Foreign and security policy: peaceful conflict resolution, including non-recognition and engagement.  

The EU High Representative and the Prime Minister of Georgia will also discuss more specifically the EU global strategy, the Eastern Partnership and the European Neighbourhood Policy. 

The President of the European Council Donald Tusk will meet Prime Minister Kvirikashvili on the eve of the Association Council, on 1 December (photo opportunity at +/- 13.30; press statements at +/- 14.00, Justus Lipsius VIP entrance).

On 1 December 2016 the Council adopted a general approach on two proposals to update and revise common rules on the safety of passenger ships. The draft amending directive on passenger ship safety rules and standards contains the most extensive rules on passenger ship safety in the EU. The draft directive on inspections of ro-ro ferries and high-speed craft addresses the particular safety risks of these vessels.

The revision aims to simplify the rules and cut administrative costs, while at the same time making travelling by sea safer. The proposals were presented by the Commission in June 2016 following a comprehensive review of passenger ship safety.

“Passenger ship safety is of paramount importance. Today we have agreed to detailed technical rules on passenger ship safety to keep the safety level high, whilst simplifying their application and improving inspections. And national authorities will take back oversight over ships where it makes more sense due to local operating conditions. I hope our shared commitment to improved passenger ship safety will translate into a fast agreement with the European Parliament.”

Arpád Érsek, Slovak Minister for Transport, Construction and Regional Development and Chair of the Council

The 'general' directive on passenger ship safetyrules and standards sets out detailed technical requirements which vessels must respect in areas such as construction, stability and fire protection. It applies to ships made of steel or equivalent material, and thus covers most modern passenger ships. The revision clarifies and simplifies these rules and standards so that they are easier to update, monitor and enforce. For example, it leaves small ships under 24 metres to be regulated at national level, reflecting the fact that these ships are more sensitive to local operating conditions and present a lower risk in general.

The current directive on surveys for ro-ro ferries and high-speed craft provides for different types of inspections for these vessels. The new rules will create a streamlined but robust inspection regime that will eliminate overlaps, reduce the administrative burden for ship owners and increase the time during which the ship can be commercially exploited. At the same time, they rationalise the inspection efforts of member states' authorities, while continuing to ensure a high common level of safety.

The general approaches are the Council's position for talks with the European Parliament. Both institutions must agree on the texts before they can enter into force.

On 1 December 2016 the Council agreed on a general approach on revised common safety rules for civil aviation and a new mandate for the European Aviation Safety Agency (EASA). The draft regulation contains the first ever EU-wide rules for civil drones to fly safely in European airspace.

This 'EASA basic regulation' will allow the EU aviation sector to continue to develop safely in the future. It sets conditions under which the aviation industry can thrive and remain competitive and innovative in the global market. A reform of the rules is necessary to embrace the expected EU air traffic increase by 50% in the next 20 years and make aviation ready to face the tough global competition.

"Civil aviation reform is an important development for a competitive, innovative and future-resilient aviation industry. I welcome that the rules are proportionate to risks and that we allow aviation to embrace innovation and future developments, such as drones. And we allow for pooling and sharing of resources between member states, crucial for spreading expertise."

Arpád Érsek, Slovak Minister for Transport, Construction and Regional Development and Chair of the Council
Encouraging innovation with more proportionate safety regulation

The reform introduces proportionate and risk-based rules to reduce red tape and encourage innovation, recognising that the risks involved in the various sectors of civil aviation are different. Aircraft presenting lower risks such as helicopters or light sport aircraft will be subject to simpler and cheaper approval procedures than commercial aviation.

Rules on drones to ensure safety, security and privacy

EU-wide rules on drones will provide the basic principles for ensuring safety, security and privacy. The text brings legal certainty for this rapidly expanding industry that includes a large number of small and medium-size enterprises and start-ups.

For safety reasons, all drones are covered, from small 'toys' weighing just a few grams to large unmanned aircraft which can be as heavy and fly as fast as an aeroplane. At present the EU is competent for regulating unmanned aircraft above 150 kg, while lighter drones are subject to national rules.

As risks arising from drone operations vary a great deal, the rules should be proportionate. In particular, these rules should take into account the extent to which other air traffic or people on the ground could be endangered. Higher-risk operations will require certification, while drones presenting the lowest risk would just need to conform to the normal EU market surveillance mechanisms.

When it comes to the protection of the environment, drones will also have to respect rules for noise and CO2 emissions, just like any aircraft.

On the basis of these principles, the EASA will develop more detailed rules on drones through a Commission implementing act. This makes it easier to update them as technology develops. The EASA has already published a 'prototype' regulation for drones.

The implementing measures should build on member states' best practices and take into account member states' local characteristics such as population density. Member states will also have a right to limit drone operations for reasons such as security, privacy, data protection or the environment, just as they can limit any other types of air operations.

Some other elements of the proposal

The new rules will step up cooperation between EU countries, the Commission and the EASA on security matters related to civil aviation, such as cyber security and flight over conflict zones. The EASA's technical assistance will be sought in matters where there are interdependencies between safety and security, as issues of pure national security fall under member states' competence. As regards the EASA's budget, the originally proposed addition of en-route charges as a new source of funding raised concerns related to cost-neutrality and legal and practical difficulties. Therefore, no changes are to be made to financing of the EASA. Under the current system 70% of EASA funding comes from industry and the rest from the EU budget. Similarly, no new oversight mechanism should be created allowing the EASA to take over certain oversight tasks. A possible need to solve safety deficiencies is addressed through other means such as making the best use of existing resources by pooling national experts or by joint oversight exercised by several national competent authorities. In addition, member states will have the possibility of pooling and sharing their resources as a group of a maximum of five participants to oversee an airline if they wish to do so.

How will this proposal become law?

The general approach will be the Council's position for talks with the European Parliament. The adoption of the legal act requires the agreement of both institutions.