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C/05/258 Luxembourg, 24-25 October 2005 13130/05 (Presse 258) PRESS RELEASE 2685th Council Meeting President Ms Margaret BECKETT, Secretary of State for the Environment,
Food and Rural Affairs, and
CONTENTS1 PARTICIPANTS 5 ITEMS DEBATED FISHERIES 7 – NORWAY LOBSTER AND SOUTHERN HAKE- RECOVERY PLANS 7 – EU/NORWAY 8 AGRICULTURE 8 – GMOs 8 – FOREST LAW ENFORCEMENT, GOVERNANCE AND TRADE 9 – SUGAR SECTOR 9 – WORLD TRADE ORGANISATION - AGRICULTURAL NEGOTIATIONS 10 OTHER BUSINESS 11 – Regional Advisory Councils 11 – Animal by-products 11 – Avian flu 11 – Shallots 12 – CAP Simplification 12 – Olive oil 12 OTHER ITEMS APPROVED AGRICULTURE Protection of animals - farmed fish * 14 Sausages/rye bread with added phytosterols/phytostanols* 14 EXTERNAL RELATIONS Relations with Azerbaijan - EU enlargement 14 ECONOMIC AND FINANCIAL AFFAIRS Fight against fraud - Council conclusions 14 Taxation of motor fuels in France * 15 DEVELOPMENT POLICY ACP - Budget of the Centre for the Development of Enterprise 15 Co-financing of operations with non-governmental organisations in 2006 * 15 EDUCATION Agreements with USA and Canada - Cooperation in the field of higher education 16 AUDIOVISUAL Film heritage and the competitiveness of the European film industry * 16 The Governments of the Member States and the European Commission were represented as follows: Belgium: Ms Sabine LAURELLE Minister for Small and Medium-Sized Businesses, the Liberal Professions and the Self-Employed and Agriculture Ms Geneviève TUTS Deputy Permanent Representative Czech Republic: Mr Petr ZGARBA Minister for Agriculture Ms Jana REINIŠOVÁ Deputy Permanent Representative Denmark: Mr Hans Christian SCHMIDT Minister for Food, Agriculture and Fisheries Mr Lars BARFOED Minister for Family and Consumer Affairs Germany: Mr Jürgen TRITTIN Federal Minister for the Environment, Nature Conservation and Reactor Safety Estonia: Ms Ester TUIKSOO Minister for Agriculture Mr Tiit NABER Deputy Permanent Representative Greece: Mr Evangelos BASIAKOS Minister for Rural Development and Food Spain: Ms Elena ESPINOSA MANGANA Minister for Agriculture, Fisheries and Food France: Mr Dominique BUSSEREAU Minister for Agriculture and Fisheries Mr Christian MASSET Deputy Permanent Representative Ireland: Ms Mary COUGHLAN Minister for Agriculture and Food Mr Pat the COPE GALLAGHER Minister of State at the Department of Communications, Marine and Natural Resources (with special responsibility for the Marine) Italy: Mr Giovanni ALEMANNO Minister for Agricultural and Forestry Policy Mr Paolo SCARPA BONAZZA BUORA State Secretary for Agricultural and Forestry Policy Cyprus: Mr Panicos KYRIACOU Deputy Permanent Representative Latvia: Mr Mārtiņš ROZE Minister for Agriculture Lithuania: Ms Kazimira Danutė PRUNSKIENE Minister for Agriculture Luxembourg: Mr Fernand BODEN Minister for Agriculture, Viticulture and Rural Development, Minister for Small and Medium-sized Businesses, the Liberal Professions and the Self-Employed, Tourism and Housing Mr Octavie MODERT State Secretary for Relations with Parliament, State Secretary for Agriculture, Viticulture and Rural Development, State Secretary for Culture, Higher Education and Research Hungary: Mr József GRÁF Minister for Agriculture and Rural Development Mr Egon DIENES-OEHM Deputy Permanent Representative Malta: Mr Francis AGIUS Parliamentary Secretary for Agriculture and Fisheries, Ministry of Rural Affairs and the Environment Netherlands: Mr Cornelis Pieter VEERMAN Minister for Agriculture, Nature and Food Quality Austria: Mr Josef PRÖLL Federal Minister for Agriculture, Forestry, the Environment and Water Management Poland: Mr Józef Jerzy PILARCZYK Minister for Agriculture and Rural Development Portugal: Mr Jaime SILVA Minister for Agriculture, Rural Development and Fisheries Slovenia: Ms Marija LUKAČIČ Minister for Agriculture, Forestry and Food Mr Franci BUT State Secretary at the Ministry of Agriculture, Forestry and Food Slovakia: Ms Marián RADOŠOVSKÝ State Secretary at the Ministry of Agriculture Mr Juraj NOCIAR Deputy Permanent Representative Finland: Mr Juha KORKEAOJA Minister for Agriculture and Forestry Sweden: Ms Ann-Christin NYKVIST Minister for Agriculture United Kingdom: Ms Margaret BECKETT Secretary of State for the Environment, Food and Rural Affairs Mr Ben BRADSHAW Parliamentary Under-Secretary of State, Department of the Environment, Food and Rural Affairs Mr Jim KNIGHT Parliamentary Under-Secretary of State for Rural Affairs, Landscape and Biodiversity Commission: Mr Joe BORG Member Mr Markos KYPRIANOU Member Ms Mariann FISCHER BOEL Member The Governments of the Acceding States were represented as follows: Bulgaria: Mr Nihat KABIL Minister for Agriculture and Forestry Mr Roussi IVANOV Deputy Permanent Representative Romania: Mr Mugur CRACIUN Secretary of State, Ministry of Agriculture, Forests and Rural Development ITEMS DEBATED The Council reached a unanimous political agreement on the draft Regulation for the recovery of Southern hake and Norway lobster, on the basis of a compromise text supported by the Commission which amends the proposal (5202/04). Once the text has been made available in all official languages by the Legal/Linguistic Experts, the Regulation will be adopted as an "A" item at a forthcoming meeting. The main changes to the proposal are the following:
This proposal has been on the table since January 2004. The initial draft provided for a recovery plan for Southern hake and Norway lobster. The aim was to rebuild the stocks concerned to within safe biological limits, on the basis of scientific advice provided by the Scientific Technical and Economic Committee for Fisheries (STECF) and the ICES, by establishing an appropriate method for setting the level of Total Allowable Catches (TACs) of the stocks concerned using a maximum authorised mortality rate and constraints on variation in TACs each year, a ban on Norway lobster fishing with bottom-trawlers and creels in certain fishing areas, and limitations on kilowatt-days. The parties most concerned by this proposal are Spain and Portugal. Fishing areas where fishing restrictions would apply are ICES VIII C and IX A, i.e. all the fishing grounds in the Bay of Biscay and along the Portuguese Coast. The European Parliament delivered its opinion on 14 April 2005. The Council held an exchange of views on preparation of the annual consultations for 2006 between the Community and Norway. Several delegations replied to three questions on the basis of a Commission background document.
MON 810 In the absence of a qualified majority, the Council was unable to act on the Commission's proposal concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 (11834/05), listed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC. The proposal is now being sent back to the Commission, which will adopt it on expiry of the three months' deadline imposed on the Council. The aim of the above proposal is to deny authorisation to Greece to ban the marketing of the maize hybrids. The competent authorities of Greece had notified to the Commission in April 2005 a Ministerial Order prohibiting for the 2005 and 2006 growing seasons the marketing of seeds of the seventeen above-mentioned varieties and had asked the Commission to authorise this national measure in accordance with Article 18 of Directive 2002/53/EC. GA 21/MON 863 In the absence of a qualified majority, the Council was unable to act on the Commission proposals on maize line GA 21 (11928/05) and MON 863 (12197/05). The proposals are now being sent back to the Commission, which will adopt them on expiry of the three months' deadline imposed on the Council. Notifications concerning the placing on the market of foods and food ingredients derived from genetically modified Roundup Ready maize line GA 21 and maize line MON 863 as novel foods or novel food ingredients under Regulation (EC) No 258/97 had been submitted by Monsato to the competent authorities of the Netherlands in the former case (July 1998) and of Germany in the latter case (July 2002). The Council unanimously reached political agreement on a Council Regulation concerning the establishment of a FLEGT licensing scheme for imports of timber into the European Community and a Council Decision authorising the Commission to open negotiations for partnership agreements to implement the EU Action Plan for Forest Law Enforcement, Governance and Trade (16646/04 + Add1). The texts will be adopted as "A" items once the Legal/Linguistic Experts will have made them available in all the official languages of the European Union. The Belgian, Danish, Spanish and Portuguese delegations indicated that they would issue statements when adopting the Regulation. The process of adoption, started under the Netherlands Presidency and completed under the United Kingdom Presidency, paves the way for a new licensing scheme under which specified timber products exported from a partner country and arriving in the EU at any customs point designated for release for free circulation must be covered by a FLEGT licence issued by the partner country, stating that the timber products have been produced from domestic timber that was legally harvested or from timber that was legally imported into a Partner Country in accordance with national laws as laid down in the respective Partnership Agreement. The proposal establishes a legal framework necessary for the introduction of a timber licensing scheme. This scheme would be implemented on a voluntary basis. The Council had a very useful exchange of views on the proposals (10514/05 + Add 1) for a reform of the Common Market Organisation (CMO) of the sugar sector, on the basis of a questionnaire giving delegations the opportunity to clarify their positions on the key elements of the reform and providing excellent guidance for further work to be done. The Council also announced on this occasion that a High Level Working Party will be convened for intensive discussions on the file on 8 and 11 November in order to prepare the Agriculture and Fisheries Council on 22-24 November, where it is expected to adopt a "general approach" on the reform. Delegations acknowledged the need for sugar reform, several of them urging that a political decision be taken by the Council at its next meeting on 22-24 November. A few delegations stated, however, that the proposal needed to be strongly rebalanced. As regards the questionnaire submitted by the Presidency: 1. Concerning the key improvements to the proposal needed to ensure market balance and the maintenance of a competitive EU sugar sector:
2. Concerning the restructuring fund, it was generally agreed that this was an important tool in the reform proposal. Delegations welcomed the possibility of further definition of the role of the Member State in determining how the restructuring plans should be drawn up, in particular to include conditions on environmental and social requirements, and in monitoring the effective implementation of these plans. A large number of delegations considered that the decision to close a factory should ultimately be taken by the industry. Most delegations welcomed the possibility of having the restructuring payment extended to cases of partial dismantling of a factory in certain circumstances. The interests of sugar beet growers in particular were considered important in the context of the restructuring scheme, and the possibility of extending a specific restructuring payment to growers was discussed. Commissioner Fischer Boel reiterated the urgent need for a 39% price cut, as an element essential to the overall balance of the proposal, bearing in mind the large volume of surplus sugar to be taken out of the EU market, and assured the Council that this reform had been proposed for the long term, without a mid term review, with a view to providing security for farmers. She justified the 60% rate of compensation on the grounds that this rate had been the same in past CAP reforms in 2003 and 2004 and respected budgetary limits. Concerning the restructuring fund, she made it clear that the Member States would be authorising and monitoring the restructuring plans. However, she made it clear that the decision to close was for the industry itself. She acknowledged the need for financial compensation in the case of partial dismantling of a factory. The Council had an exchange of views concerning the ongoing negotiations at the World Trade Organisation, prior to the Hong Kong Ministerial Meeting (13-18 December 2005). The Council reiterated its support to the Commission for negotiating within its mandate. The Council reaffirmed the importance of being regularly, clearly and fully informed by the Commission during the course of the negotiations. Commissioner Borg informed the Council of progress in the setting up of Regional Advisory Councils established last year by Council Decision 2004/585/EC, on the basis of written information. So far, out of the seven RACs to be created, three - North Sea, Pelagic and North Western Waters - were in place, and two of them - South Western Waters and Baltic Sea were soon to be operating. Commissioner Borg also stressed the need for progress in the setting up of two RACs - Mediterranean and Long Distance Fleet - as regards the composition of their management board, in order that they could be operating as soon as possible. Commissioner Borg informed the Council of the possibility of continuing to finance the RACs after the initial period of five years, and indicated that his Institution would come back and report further to the Council on this issue. The Presidency supported Commissioner Borg concerning the need to make progress on the remaining RACs, having pointed out that the three working RACs had already showed their usefulness and their constructive role in the discussions with stakeholders. The Presidency also recalled that it was up to Member States to keep up the pressure to establish the RACs. The Council took note of a presentation by Commissioner Kyprianou of a report on animal by-products to the European Parliament and the Council on the measures taken by Member States to ensure compliance with Regulation (EC) No 1774/2002 laying down health rules concerning animal by-products not intended for human consumption. The Slovenian delegation drew the attention of the Council to the need to solve the issue of feeding wild animals with by-products, stressing that roughly 600 bears currently live in Slovenia. The Council took note of the information provided by the Commission and the remarks from several delegations on the situation regarding avian influenza. Commissioner Kyprianou stressed that avian influenza had spread in Europe, including Russia, Romania and Turkey, that suspicions were rising in Croatia and that a suspicious case was currently under examination in Greece. Indicating that this disease was mostly spread by migrant birds, he insisted on the need to tackle this issue rapidly in order to avoid any possible risks. He also announced the presentation by the Commission in the Standing Committee on the Food Chain and Animal Health (SCFCAH) of a temporary ban on imports of captive birds and pet birds. He reiterated his reluctance to consider vaccination as a tool to combat the outbreak. Several delegations welcomed the swift reaction of the Commission and stressed the need for each Member State to take immediate action at the source of the problem and to improve communication in order to avoid large-scale panic reactions from consumers. Some of these delegations indicated that consumption of poultry had sharply declined in their countries. In the follow-up to the information provided on avian influenza, France, supported by Italy and Hungary, submitted a document stressing the need to take into account the economic implications of avian influenza. These delegations asked in particular that all possible tools be used, including the existing export refunds in the Common Market Organisation for poultry, in order to alleviate the economic impact of the avian flu outbreak on poultry producers. Commissioner Fischer-Boel acknowledged the influence of the media on the decreasing consumption of poultry. She emphasised the use of export refunds as the main market instrument, and stressed that the market would be closely monitored. She also indicated that, should the situation develop into a massive outbreak of avian influenza, co-financing of expenditures was possible and financial compensation for producers' inability to deliver poultry was provided for, under Article 14 of Regulation (EEC) No 2777/75 on the CMO for poultry meat. The Presidency intends to return to the issue at one of its forthcoming meetings in particular in the light of the discussions within the Council preparatory bodies on the Commission proposal for a Council Directive on Community measures for the control of avian influenza. It recalls its intention to reach an agreement on the Commission proposal as soon as the European Parliament delivers its opinion (in December). On 18 October, the General Affairs and External Relations Council adopted conclusions on the issue (see Annex I). Health Ministers discussed pandemic preparedness at their informal meeting on 20-21 October 2005. The French delegation drew the attention of the Council and the Commission to the importance it attaches to the marketing of quality products which are clearly defined for regulatory purposes and not liable to mislead consumers (13443/05). This delegation rejects the labelling as shallots of marketed products originating from seeds, arguing that this product must come from a bulb. This delegation while stressing that there is a legal vacuum at Community level concerning the definition of shallots, invited the Council and the Commission to examine this question. Commissioner Kyprianou, acknowledging the existence of a legal vacuum, indicated that his Institution was currently working on technical and legal solutions with the Member States most concerned with the competitive species. He recalled that a protocol had been adopted on 14 June to amend the existing legislations - Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed and Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed - in order to clarify this issue. Legal aspects of this issue have already been dealt with in Case C-147/04.[2] The Council took note of a presentation by Commissioner Fischer-Boel of a Communication (13494/05) on Simplification and Better Regulation for the Common Agricultural Policy. One of the key elements of this text, adopted on 19 October, is the setting up of a single Common Market Organisation to replace the existing CMOs. The aim is to provide a single set of harmonised rules in the traditional areas of market policy such as intervention, private storage, import tariff quotas and export refunds. Legislative proposals are expected to be presented to the Council before the end of 2006. The Greek delegation, supported by the Spanish, Italian, Cypriot and Slovenian delegations, drew the attention of the Council and the Commission to the market situation in the olive oil sector (13495/05). This delegation considers that, since the expected entry of new olive oil production into the EU market will force prices down, the opening of an olive oil import quota with either a zero or a decreased tax rating, as envisaged by the Commission, will seriously harm the sector and reduce producers' revenue, especially in the context of the implementation of the new CMO Regulation for olive oil. Italy also raised the issue of growing Community production - more than 2 million tonnes are expected this year-, while Spain pointed to climatic conditions as a key factor in the increasing level of production. Commissioner Fischer-Boel underlined that the extremely dry weather in early 2005 had had severe consequences for production and olive oil prices, and also noted the growing demand from the market for olive oil, whereas product availability was limited. She indicated that an advisory committee on olive oil would meet on 7 November with a view to taking stock of the concerns expressed by socio-economic actors and deciding what steps could be taken thereafter. OTHER ITEMS APPROVED AGRICULTURE Protection of animals - farmed fish * The Council adopted a Decision establishing the EU's position on a proposal for a Recommendation on farmed fish to be adopted at the meeting of the Standing Committee of the European Convention for the Protection of Animals kept for Farming Purposes (12692/05 and 12696/05). The meeting will take place in Strasbourg in December. Sausages/rye bread with added phytosterols/phytostanols* The Council rejected a decision authorising the placing on the market of sausages with added phytosterols/phytostanols as novel foods or novel food ingredients (12136/05 and 13390/05), while it was unable to act on two proposed decisions authorising the placing on the market of rye bread with added phytosterols/phytostanols as novel foods or food ingredients (12127/05, 13393/05, 12135/05 and 13391/05). The Commission, in its proposals for authorisation of the placing on the market of the above-mentioned products, made the authorisation conditional upon their presentation in a manner enabling them to be easily divided into portions containing either a maximum of 3g (in the case of 1 portion per day) or a maximum of 1g (in the case of 3 portions per day) of added phytosterols/phytostanols, owing to assumed risks connected to consumption at higher levels. Phytosterols, when consumed in quantities above 1g per day, reduce the absorption of cholesterol and thus contribute to fighting raised cholesterol. Given that European food regulations do not normally provide for a level of phytosterols in excess of 1g, only artificial concentration of phytosterol in food can make use of the cholesterol-reducing effect. EXTERNAL RELATIONS Relations with Azerbaijan - EU enlargement The Council adopted a Decision approving the conclusion of a Protocol to the EU-Azerbaijan Partnership and Cooperation Agreement to take account of the accession of 10 new Member States in May 2004 (5783/05). The Partnership and Cooperation Agreement between the EU and Azerbaijan was signed in 1996 and entered into force in 1999. ECONOMIC AND FINANCIAL AFFAIRS Fight against fraud - Council conclusions The Council adopted the following conclusions: "The Council: 1. WELCOMES the annual Commission report pursuant to Article 280 of the EC Treaty on the protection of the financial interests of the European Union; underlines the improvements over a number of years in this report. These improvements have been consistent, of good quality and provide a useful overview of the current situation in the field of the protection of the financial interests of the European Union – in particular, the fight against fraud. 2. CONSIDERS that future annual reports should remain focused on the concrete activities, measures adopted by Member States and the Commission, and results achieved in the period covered by the report. 3. INVITES the Commission to pursue improvements of this type of report by providing more information on the development of investigations, in particular internal ones." Taxation of motor fuels in France * The Council adopted a Decision authorising France to apply differentiated levels of taxation to motor fuels (12627/05 and 12770/05 ADD1). The Decision allows France to apply reduced levels of taxation to unleaded petrol and gas oil used as fuel, provided that the reductions:
The Decision was taken in accordance with Article 19 of Directive 2003/96/EC, which allows the Council to derogate from common rules on taxation of energy products and electricity for specific policy considerations. The derogation does not lead:
In June 2004 France requested authorisation to apply differentiated levels of taxation to gas oil and unleaded petrol for the purposes of an administrative reform involving the decentralisation of certain powers currently exercised by central government. DEVELOPMENT POLICY ACP - Budget of the Centre for the Development of Enterprise The Council agreed on a draft Decision, to be forwarded to the ACP-EC Committee of Ambassadors for adoption, on the budget of the Centre for the Development of Enterprise for 2006 (2140/05). The draft budget for 2006 amounts to EUR 20 300 000. Co-financing of operations with non-governmental organisations in 2006 * The Council adopted a Decision extending the application of the strategic guidelines and priorities for interventions to be financed under Regulation No 1658/1998 until 31 December 2006 (13279/05 and 13357/05). Regulation No 1658/1998, on the basis of which funding is currently provided for the 2004-2005 period, provides that the EU co-finances operations to meet the basic needs of disadvantaged people in developing countries. These operations, proposed by European non-governmental organisations and conducted in cooperation with their partners in developing countries, are aimed at poverty alleviation as well as at enhancing the target group’s quality of life and own-development capacity. EDUCATION Agreements with USA and Canada - Cooperation in the field of higher education The Council authorised the Commission to negotiate two agreements renewing cooperation programmes with the USA in higher education and vocational training and with Canada in the field of higher education, training and youth, to cover the period 2006-2013. AUDIOVISUAL Film heritage and the competitiveness of the European film industry * In agreement with the European Parliament the Council adopted a Recommendation addressed to the Member States on film heritage and the competitiveness of related industrial activities (3625/05 and 13104/05 ADD1). The objective of the Recommendation is to improve conditions of conservation, restoration and exploitation of film heritage and to remove obstacles to the development and competitiveness of the European film industry. The Recommendation covers all aspects of film heritage: collection, cataloguing, creation of databases, preservation, restoration, and use for educational, cultural, research or other non-commercial purposes of a similar nature, and cooperation between the bodies responsible at national and European levels. [1] Sandeel, Norway pout, anglerfish, horse mackerel. [2] OJ C 106, 30.4.2004, p. 44. |
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