Monthly Summary of Council Acts April 2008

COUNCIL OF Brussels, 7 August 2008 THE EUROPEAN UNION

12407/08

PUBLIC 100

NOTE Subject: MONTHLY SUMMARY OF COUNCIL ACTS APRIL 2008

This document consists of the following: – ANNEX I containing a list of acts adopted by the Council in April 2008.1 2 – ANNEX II containing further details on the adoption of these acts. PART I provides information on the adoption of legislative acts, such as the date of adoption, the relevant Council session, the number of the document adopted, and where appropriate, applicable voting rules, voting results, explanations of vote and statements published in the minutes of the Council. PART II provides information that the Council has decided to make public on the adoption of other acts.

This document is also available via the Internet (http://consilium.europa.eu); see under "Documents", "Legislative Transparency", "Summary of Council Acts". Documents listed in the summary may be obtained from the public register of Council documents (http://register.consilium.europa.eu).

1 With the exception of certain acts of limited scope such as procedural decisions, appointments, decisions of bodies set up by international agreements, specific budgetary decisions, etc. 2 In the case of legislative acts adopted in codecision, there may be a difference between the date of the Council's meeting where the legislative act is adopted and the actual date of the act in question, since legislative acts in codecision are only considered to have been adopted after signature by both the President of the Council and the President of the European Parliament and the Secretaries-General of the two Institutions.

12407/08 CSM/AH/RP 1 DG F III EN It should be noted that only the minutes concerning the definitive adoption of legislative acts are authentic (available via the Internet: http://consilium.europa.eu, see under "Documents", "Legislative Transparency", "Council Minutes").

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12407/08 CSM/AH/RP 2 DG F III EN ANNEX I LIST OF ACTS ADOPTED BY THE COUNCIL IN APRIL 2008

2861st meeting of the Council (TRANSPORT, TELECOMMUNICATIONS and ENERGY), held in Luxembourg on 7 April 2008

2008/318/EC: Council Decision of 7 April 2008 authorising Italy to apply, in determined geographical areas, reduced rates of taxation on gas oil and LPG used for heating purposes in accordance with Article 19 of Directive 2003/96/EC OJ L 109, 19.4.2008, p. 27–29

Common Position (EC) No 10/2008 of 7 April 2008 adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council on the inland transport of dangerous goods OJ C 117E , 14.5.2008, p. 1–45

Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC OJ L 133, 22.5.2008, p. 66–92

Directive 2008/46/EC of the European Parliament and of the Council of 23 April 2008 amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) OJ L 114, 26.4.2008, p. 88–89

Council Conclusions on the Communication from the Commission on the First Report on the implementation of the Single Sky Legislation: Achievements and the way forward 7355/08

Council Decision on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services. 7152/08 + COR 1 (fi) + COR 2 (de) + COR 3 (fr) + REV 1 (el)

2008/420/EC: Council Decision of 7 April 2008 on the signing and provisional application of the Agreement between the European Community and the Government of Australia on certain aspects of air services OJ L 149, 7.6.2008, p. 63–64

Council Regulation (EC) No 320/2008 of 7 April 2008 repealing the countervailing duty imposed on imports of certain electronic microcircuits known as DRAMs (Dynamic Random Access Memories) originating in the Republic of Korea and terminating the proceeding OJ L 96, 9.4.2008, p. 1–12

12407/08 CSM/AH/RP 3 ANNEX I DG F III EN Council Decision concerning the conclusion of the Agreement between the European Space Agency and the European Union on the security and exchange of classified information 15223/07 + COR 1 + COR 2 (bu)

Council Common Position 2008/288/CFSP of 7 April 2008 renewing restrictive measures against certain officials of Belarus OJ L 95, 8.4.2008, p. 66–66

Council Joint Action 2008/299/CFSP of 7 April 2008 amending Joint Action 2004/551/CFSP on the establishment of the European Defence Agency OJ L 102, 12.4.2008, p. 34–35

Council Decision 2008/298/CFSP of 7 April 2008 amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union OJ L 102, 12.4.2008, p. 25–33

Council Decision 2008/389/CFSP of 7 April 2008 concerning the conclusion of the Agreement between the European Union and the Central African Republic on the status of the European Union-led forces in the Central African Republic OJ L 136, 24.5.2008, p. 45–51

Council Decision on the signing of an Agreement between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, amending the Agreement on Trade, Development and Cooperation 7437/08 + COR 1 (ro) + COR 2 + REV 1 (cz) + REV 1 COR 1 (cz)

Council Conclusions on the Commission Communication "towards a rail network giving priority to freight" 7553/08 + COR 1 (bu)

Council Conclusions on the Commission Communication on an agenda for sustainable future in general and business aviation 7668/08 + COR 1

2862nd meeting of the Council of the European Union (AGRICULTURE and FISHERIES), held in Luxembourg on 14 April 2008

Council Regulation (EC) No 361/2008 of 14 April 2008 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) OJ L 121, 7.5.2008, p. 1–31

Council Regulation (EC) No 362/2008 of 14 April 2008 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the 2009 list of target secondary variables on material deprivation OJ L 112, 24.4.2008, p. 1–11

12407/08 CSM/AH/RP 4 ANNEX I DG F III EN Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe OJ L 152, 11.6.2008, p. 1–44

Council Regulation (EC) No 338/2008 of 14 April 2008 providing for the adaptation of cod fishing quotas to be allocated to Poland in the Baltic Sea (Subdivisions 25-32, EC Waters) from 2008 to 2011 OJ L 107, 17.4.2008, p. 1–3

2008/319/EC: Council Decision of 14 April 2008 amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure for the Schengen environment, Sisnet OJ L 109, 19.4.2008, p. 30–31

Council Joint Action 2008/304/CFSP of 14 April 2008 amending and extending Joint Action 2005/190/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX OJ L 105, 15.4.2008, p. 10–10

Council Joint Action 2008/307/CFSP of 14 April 2008 in support of World Health Organisation activities in the area of laboratory bio-safety and bio-security in the framework of the European Union Strategy against the proliferation of Weapons of Mass Destruction OJ L 106, 16.4.2008, p. 17–23

Council Joint Action 2008/314/CFSP of 14 April 2008 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction OJ L 107, 17.4.2008, p. 62–69

EU Guidelines in preparation for the Conclusions of the Conference of the Ministers of Culture of the Euro-Mediterranean Partnership 7971/08

2008/363/EC: Council Decision of 14 April 2008 extending Decision 2005/321/EC concluding the consultation procedure with the Republic of Guinea under Article 96 of the Cotonou Agreement OJ L 125, 9.5.2008, p. 29–31

2863rd meeting of the Council of the European Union (JUSTICE and HOME AFFAIRS), held in Luxembourg on 18 April 2008

Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals OJ L 115, 29.4.2008, p. 1–7

12407/08 CSM/AH/RP 5 ANNEX I DG F III EN 2008/328/EC: Council Decision of 18 April 2008 amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS) OJ L 113, 25.4.2008, p. 21–22

Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons OJ L 179, 8.7.2008, p. 5–11

Common Position (EC) No 13/2008 of 18 April 2008 adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community OJ C 122E , 20.5.2008, p. 19–38

Common Position (EC) No 14/2008 of 18 April 2008 adopted by the Council with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules for the operation of air services in the Community (Recast) OJ C 129E , 27.5.2008, p. 1–18

Council Conclusions on the sixth Eurojust Annual Report (calendar year 2007) 8062/08

Council conclusions on the Russian Organised Crime Threat Assessment (ROCTA) 6548/2/08 REV 2

Council Conclusions on an impact assessment to the possibility of introducing Effective Parts Marking as a mandatory measure for all newly manufactured and imported/registered vehicles within the EU 8097/08

Council Conclusions on practical cooperation in the field of asylum 7978/08

Position of the European Union in view of the fourth meeting of the EU-Croatia Stabilisation and Association Council (Luxembourg, 28 April 2008) 8304/08

Position of the Community within the EC-EFTA Joint Committee on Common Transit, with a view to adoption of draft Decision No 2/2007 of the EC-EFTA Joint Committee on Common Transit amending the Convention of 20 May 1987 on a common transit procedure 6915/08 + REV 1 (es) + REV 2 (hu) + REV 3 (lt)

Council Decision on the position to be taken by the Community concerning the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975) 6981/08+ REV 1 (lt)

12407/08 CSM/AH/RP 6 ANNEX I DG F III EN Adoption of legislative acts following the European Parliament's second reading under the codecision procedure ((Strasbourg, 21 to 24 April 2008)

Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters OJ L 136, 24.5.2008, p. 3–8

Written procedure completed on 25 April 2008

European Union's position with a view to the fourth meeting of the EU-Egypt Association Council's (Luxembourg on 28 April 2008) 8337/08 + COR 1

Written procedure completed on 29 April 2008

2008/374/EC: Council Decision of 29 April 2008 amending Annex 3, Part I, to the Common Consular Instructions on third-country nationals subject to airport visa requirements OJ L 129, 17.5.2008, p. 46–47

2864th meeting of the Council of the European Union (GENERAL AFFAIRS and EXTERNAL RELATIONS), held in Luxembourg on 29 April 2008

2008/371/EC: Decision of the European Parliament and of the Council of 29 April 2008 amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regard adjustment of the multiannual financial framework OJ L 128, 16.5.2008, p. 8–9

Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 OJ L 148, 6.6.2008, p. 1–61

2008/376/EC: Council Decision of 29 April 2008 on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme OJ L 130, 20.5.2008, p. 7–17

Council Conclusions on the Commission communication “Communicating Europe in Partnership” 8528/08

2008/375/EC: Council Decision of 29 April 2008 concerning the conclusion of the Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction OJ L 129, 17.5.2008, p. 48–48

Council Conclusions on Afghanistan 8273/1/08 REV 1

12407/08 CSM/AH/RP 7 ANNEX I DG F III EN 2008/373/EC: Council Decision of 28 April 2008 concerning the conclusion of the Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 OJ L 129, 17.5.2008, p. 44–45

Council Regulation (EC) No 396/2008 of 29 April 2008 amending Regulation (EC) No 397/2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan OJ L 118, 6.5.2008, p. 1–7

Council Regulation (EC) No 388/2008 of 29 April 2008 extending the definitive anti-dumping measures imposed by Regulation (EC) No 1472/2006 on imports of certain footwear with uppers of leather originating in the People’s Republic of China to imports of the same product consigned from the Macao SAR, whether declared as originating in the Macao SAR or not OJ L 117, 1.5.2008, p. 1–10

Council Regulation (EC) No 654/2008 of 29 April 2008 imposing a definitive anti-dumping duty on imports of coumarin originating in the People’s Republic of China, as extended to imports of coumarin consigned from India, Thailand, Indonesia and Malaysia, whether declared as originating in India, Thailand, Indonesia and Malaysia or not following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96 OJ L 183, 11.7.2008, p. 1–12

Council Conclusions on the Review of the EU Guidelines on torture and other cruel, inhuman and degrading treatment or punishment 8481/1/08 REV 1

Council Common Position 2008/347/CFSP of 29 April 2008 amending Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism OJ L 116, 30.4.2008, p. 55–55

2008/343/EC: Council Decision of 29 April 2008 amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism OJ L 116, 30.4.2008, p. 25–25

Council Common Position 2008/349/CFSP of 29 April 2008 renewing restrictive measures against Burma/Myanmar OJ L 116, 30.4.2008, p. 57–85

Council Common Position 2008/348/CFSP of 29 April 2008 concerning restrictive measures against Uzbekistan OJ L 116, 30.4.2008, p. 56–56

Council Conclusions on Uzbekistan 8814/08

12407/08 CSM/AH/RP 8 ANNEX I DG F III EN Council Conclusions on EU-Latin America relations 8527/2/08 REV 2

Council Decision concerning the further participation of the European Community in negotiations on international rules and procedures in the field of liability and redress for damage resulting from transboundary movements of living modified organisms under the Cartagena Protocol on Biosafety 8112/08 + REV 1 (ro)

2865th meeting of the Council of the European Union (GENERAL AFFAIRS and EXTERNAL RELATIONS), held in Luxembourg on 29 April 2008

Council Conclusions on Zimbabwe 8602/1/08 REV 1

Council Conclusions on Pakistan 8783/08

Council Conclusions on Burma/Myanmar 8697/08

Council Conclusions on the Western Balkans 8574/3/08 REV 3

12407/08 CSM/AH/RP 9 ANNEX I DG F III EN ANNEX II (PART I)

INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES 2861st meeting of the Council (TRANSPORT, TELECOMMUNICATIONS and ENERGY), on 7 April 2008

2008/318/EC: Council Decision of 7 April 2008 authorising Italy to apply, 7521/08 Unanimous All Member States in favour in determined geographical areas, reduced rates of taxation on gas oil and + COR 1 (sv) LPG used for heating purposes in accordance with Article 19 of Directive 2003/96/EC

Common Position (EC) No 10/2008 of 7 April 2008 adopted by the Council 6920/3/08 REV 3 Qualified majority All Member States in favour with a view to the adoption of a Directive of the European Parliament and of the Council on the inland transport of dangerous goods

Directive 2008/48/EC of the European Parliament and of the Council of 23 PE-CONS 3603/2/08 Qualified majority All Member States in favour April 2008 on credit agreements for consumers and repealing Council REV 2 except: Directive 87/102/EEC against: NL abstention: BE, EL, LU

12407/08 CSM/AH/RP 10 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by Belgium Belgium has always supported harmonisation that ensures a high level of consumer protection and the creation of a genuine internal market for credit. The proposal submitted to the Council does not meet either of these two objectives, as the level of harmonisation is low. Belgium thus has doubts about the added value of this text. Belgium also considers that a balanced policy for consumer credits should include the principle of responsible lending, which is the cornerstone of quality credit. Belgium will continue in the future to support any initiative aimed at promoting quality credit. For these reasons, Belgium has decided to abstain.

Statement by the United Kingdom The United Kingdom notes with great regret that the proposal for a Directive on Consumer Credit was not accompanied by an Impact Assessment in line with commitments made by all institutions to the Better Regulation agenda. In the future, the United Kingdom strongly urges the Commission to consider the full range of tools to open up access to European markets, ensuring that non-legislative policy solutions are thoroughly assessed before bringing forward legislative proposals, and that all specific measures are subjected to a full assessment of their costs and benefits. Furthermore, the United Kingdom does not consider that the provisions agreed in the Consumer Credit Directive constitute a precedent for future work on financial services.

Statement by Luxembourg Luxembourg was unable to vote in favour of this Directive, the content of which has been substantially altered with respect to the Commission's initial proposal. The initial proposal was aimed at ensuring both a high level of consumer protection and the smooth operation of the internal market, in particular through harmonisation in conjunction with mutual recognition. It constituted a good basis for proceedings. However, the text adopted today represents a missed opportunity to achieve these two objectives, which were to be mutually reinforcing. The lack of far-reaching harmonisation and mutual recognition, together with the very large number of derogations and wide margin of manoeuvre accorded to Member States, is liable to give rise to serious legal uncertainty for the parties concerned, and is contrary to the European Council's objective of creating a fully integrated European market in financial services. Both professionals and consumers stand to lose as a result of this text. The opportunities available to companies and consumers in the European Union depend directly on our capacity to eliminate frontiers and barriers (and not to reintroduce them), while ensuring a common basis for protection for our consumers. Apart from the absence of any clear objective, the text as adopted is materially very complex and at odds with the principles of "better law-making", and will force Member States to change the rules without offering either companies or consumers any benefits in return.

12407/08 CSM/AH/RP 11 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by Greece We acknowledge the effective work that has been done so far in order to reach an agreement on a Directive of the European Parliament and of the Council on credit agreements for consumers; there is no doubt that a concrete and well-defined legislative text will guarantee a high level of protection for the European consumer. In this respect, we strongly support the right of the consumer to fully or partially discharge, at any time, his contractual obligations under a credit agreement. However, despite our expressed willingness to contribute to a balanced compromise, we oppose the insertion in the text of the Directive (Article 16) of the provision of compensation in case of early repayment which, in our view, is not justified by the aim of the Directive. Therefore we have decided to abstain.

Directive 2008/46/EC of the European Parliament and of the Council of 23 PE-CONS 3611/1/08 Qualified majority All Member States in favour April 2008 amending Directive 2004/40/EC on minimum health and safety REV 1 requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

2862nd meeting of the Council of the European Union (AGRICULTURE and FISHERIES) on 14 April 2008

Council Regulation (EC) No 361/2008 of 14 April 2008 amending 7354/1/08 REV 1 Qualified majority All Member States in favour Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

12407/08 CSM/AH/RP 12 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Council Regulation (EC) No 362/2008 of 14 April 2008 implementing 7172/08 Qualified majority All Member States in favour Regulation (EC) No 1177/2003 of the European Parliament and of the + REV 1 (hu) except: Council concerning Community statistics on income and living conditions + REV 2 (fi) abstention: UK (EU-SILC) as regards the 2009 list of target secondary variables on material + REV 3 (pt) deprivation

Statement by the Commission and the Council The Commission and the Council note that it is important for the quality of data to respect the maximum interview duration of one hour as specified in Regulation No 1177/2003 of the Council and of the European Parliament. The survey respondents should not be burdened with an excessively long interview. The Commission intends to study if the one-hour interview duration (including both the EU core primary (annual) and secondary (module) variables, but excluding national questions added to the survey instrument) is respected in the different Member States. The variation in interview lengths in the different Member States will be analysed. If necessary, that is if the interview duration exceeds the target in some Member States, an action plan will be drafted by the Commission.

Directive 2008/50/EC of the European Parliament and of the Council of 21 PE-CONS 3696/4/07 Qualified All Member States in favour May 2008 on ambient air quality and cleaner air for Europe REV 4 majority

12407/08 CSM/AH/RP 13 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by the Commission The Commission takes note of the text adopted by the Council and the European Parliament for the Directive on ambient air quality and cleaner air for Europe. In particular, the Commission notes the importance attributed by the European Parliament and the Member States in Article 22(4) and Recital 16 of the Directive to Community measures for the abatement of air pollutant emissions at source. The Commission recognises the need to reduce the emissions of harmful air pollutants if significant progress is to be delivered towards the objectives established in the 6th Environmental Action Programme. The Commission's communication on a Thematic Strategy on air pollution sets out a significant number of possible Community measures. Significant progress on these and other measures has been made since the adoption of the Strategy: – The Council and Parliament have already adopted new legislation limiting the exhaust emissions of light duty vehicles; – The Commission has adopted a proposal for new legislation to improve the effectiveness of Community industrial emissions legislation including intensive agricultural installations and measures to tackle smaller scale industrial combustion sources; – The Commission has adopted a proposal for new legislation limiting the exhaust emissions of engines installed in heavy duty vehicles; – In 2008 the Commission foresees new legislative proposals that would: – further reduce the Member States' permitted national emissions of key pollutants; – reduce emissions associated with refuelling of petrol cars at service stations; – address the sulphur content of fuels including marine fuels; – Preparatory work is also underway to investigate the feasibility of: – improving the eco-design and reducing the emissions of domestic boilers and water heaters; – reducing the solvent content of paints, varnishes and vehicle refinishing products; – reducing the exhaust emissions of non-road mobile machinery and thereby maximise the benefit of lower sulphur non-road fuels already proposed by the Commission; – The Commission also continues to push for substantial emissions reductions from ships at the International Maritime Organization and it is committed to bringing forward proposals for Community measures should the IMO fail to deliver sufficiently ambitious proposals as foreseen in 2008. The Commission is, however, committed to the aims of its Better Regulation initiative and the need for proposals to be underpinned by a comprehensive assessment of the impacts and benefits. In this regard and in accordance with the Treaty establishing the European Community, the Commission will continue to evaluate the need to bring forward new legislative proposals but reserves its right to decide if and when it would be appropriate to present any such proposal.

12407/08 CSM/AH/RP 14 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by the Netherlands The Netherlands has always supported the development of ambitious and effective European policy on air quality and will continue to do so in the future. It is, therefore, happy with the compromise agreed by the Council and the European Parliament and compliments the Parliament, the Commission and the Presidency on the results achieved. The new Directive on ambient air quality marks significant progress for both the environment and public health. As the Netherlands pointed out when the Common Position was drawn up, the air quality in our country is strongly influenced by transboundary developments and will therefore benefit enormously from an effective European approach. The Netherlands' main concern has been that the Directive should contain a balanced package of European and national measures, as well as realistic time limits to achieve the air quality targets. Only then will Member States be able to achieve the ambitious targets that have been set. The Netherlands is pleased with the Commission’s statement that it will present Community measures in good time. Timely, EU-wide compliance with the air quality standards will depend on sound European policy tackling pollution at the source. The Netherlands would especially point to the lack of data and prevailing uncertainties about emissions and concentrations of fine particulates (PM2.5). It will of course make every effort to meet the objectives of the Directive by the target date. On the basis of the knowledge currently at our command, this will largely be feasible. The Dutch government is developing a National Air Quality Cooperation Programme to tackle locations where emission ceilings are persistently exceeded, so that, there too, air quality standards may be met by the target date. The Netherlands is pleased that the Council and the European Parliament concluded their second reading in time for the Directive to take effect as of early 2008. This is essential for our own national programme, as well as actions in the countries around us. The Netherlands will work hard to ensure that the national cooperation programme and all local and regional measures are sufficient to achieve the European air quality standards.

Council Regulation (EC) No 338/2008 of 14 April 2008 providing for the 7827/08 Qualified majority All Member States in favour adaptation of cod fishing quotas to be allocated to Poland in the Baltic Sea + COR 1 (Subdivisions 25-32, EC Waters) from 2008 to 2011

12407/08 CSM/AH/RP 15 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES 2863rd meeting of the Council of the European Union (JUSTICE and HOME AFFAIRS) on 18 April 2008

Council Regulation (EC) No 380/2008 of 18 April 2008 amending 13502/2/07 REV 2 Unanimity All Member States in favour Regulation (EC) No 1030/2002 laying down a uniform format for residence + REV 3 (mt) permits for third-country nationals + REV 4 (pt)

Statement by the Member States re Article 1(6) Member States declare that for the purpose of issuing residence cards to family members of EU citizens in accordance with Article 10 of Directive 2004/38/EC, they will use the uniform format for residence permits, including biometrics, in accordance with Regulation (EC) No 1030/2002 as amended by Regulation (the present Regulation) replacing the title by "Residence card of a family member of a Union citizen". Member States invite the Committee, referred to in Article 7(2) of Regulation (EC) No 1030/2002, to examine technical solutions with the purpose of distinguishing the residence card of a family member of a Union citizen.

Statement by the Council on Report on the "one person one document" principle The Council invites the Commission to report by the end of 2008 at the latest on the impact of rendering mandatory the application of the principle one person one document regarding residence permits to third country nationals taking into account national legislation and especially on issuing residence permits to minors, and, if needed, to submit any appropriate proposals.

2008/328/EC: Council Decision of 18 April 2008 amending the Decision of 7789/08 Unanimity All Member States in favour the Executive Committee set up by the 1990 Schengen Convention, + COR 1 (el) amending the Financial Regulation on the costs of installing and operating + COR 2 (fr) the technical support function for the Schengen Information System (C.SIS) + COR 3 (es) + COR 4 (de) + COR 5 (sl) + COR 6 (it) + COR 7 (nl) + COR 8 (hu)

12407/08 CSM/AH/RP 16 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Directive 2008/51/EC of the European Parliament and of the Council of 21 PE-CONS 3690/1/07 Qualified All Member States in favour May 2008 amending Council Directive 91/477/EEC on control of the REV 1 majority except: acquisition and possession of weapons abstention: AT, FI

Statement by the Commission on personal data protection The Commission notes that the processing of personal data under this Directive is subject to compliance with Directive 95/46/EC and cannot prejudice the level of protection of individuals with regard to the processing of personal data under the provisions of Community and national law, and in particular does not alter the obligations and rights set forth in Directive 95/46/EC. In this respect, the necessity to prolong the minimum period during which the registers containing information on the owners of weapons are kept from ten to twenty years should be justified. The Commission is convinced that such processing of personal data is justified in view both of the dangerous nature and longevity of such weapons and of their possible misuse for criminal purposes, which therefore requires the proper tracing of both firearms and their owners. The Commission further notes that, in view of the purposes of this Directive, and in accordance with the requirements of Directive 95/46/EC, access to the centralised data filing system, or the system guaranteeing access to non-centralised filing systems, should only be available to police and judicial authorities for the prevention, investigation, detection and prosecution of criminal offences.

Statement by the Commission on criminal sanctions The Commission welcomes the rapid adoption of the Council Directive amending Directive 91/477 on control of the acquisition and possession of weapons, but regrets that the Council opposed its initial proposal regarding Article 16 on criminal sanctions. The Commission notes that the Community has competence to establish criminal sanctions in conformity with Article 5 of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime. Accordingly, the Commission considers that any decision to ratify the Protocol would have to be accompanied by a declaration of competence that correctly reflects the scope of the Community competence. The Commission reserves its institutional rights in this regard.

12407/08 CSM/AH/RP 17 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Common Position (EC) No 13/2008 of 18 April 2008 adopted by the 5058/3/08 REV 3 Qualified All Member States in favour Council with a view to the adoption of a Directive of the European majority Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community

Statement by Malta As a small, peripheral island state, Malta is dependent on air travel; it has no other adequate and comparable alternative modes of transport. This results in a high share of air transport value added in total value added for the country. Furthermore, for the past half-century tourism has been crucial for the country's economy and the average share of GDP of tourism earnings over the past seven years is, according to Eurostat, estimated at 13,7 %; this is much higher than the EU average. Furthermore, this is generated by international tourism which is fully dependent on aviation. The implementation of the Directive could, therefore, have serious repercussions on the Maltese economy. Nevertheless, the inclusion of further aspects to be addressed under the review of this Directive should ensure that key concerns on the impact of the scheme on the structural dependency on aviation of islands, landlocked and peripheral regions can be studied and solutions identified if necessary.

Statement by Spain The proposed Directive lays down obligations for a public authority responsible for activities taking place at or above an airport to which the EC Treaty applies; we therefore consider that, without any doubt, it is one of the provisions of EC/EU legislation concerning civilian air traffic which are specified in the Ministerial Statement on Gibraltar Airport issued in Cordoba on 18 September 2006.

Statement by the United Kingdom Without prejudice to the United Kingdom's view that the proposed measure constitutes part of the European Community’s environmental acquis and as such does not fall within the scope of the Cordoba arrangements on aviation measures, having obtained the prior agreement of the Government of Gibraltar, the UK is exceptionally prepared to accept the insertion of the language provided for under the Cordoba arrangements in respect of aviation measures.

12407/08 CSM/AH/RP 18 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by the Republic of Cyprus Further to the oral statement made by Cyprus during the debate of the proposed Directive on the inclusion of aviation activities in the emission trading scheme, and having in mind that tourism plays a significant role in the generation of economic activity in Cyprus, which is heavily dependent on air transport, Cyprus would like to place on record its serious concerns regarding the effects that may be caused by the implementation of the proposed Directive. Hence, during the revision of the proposed Directive in 2015, Cyprus expects that these concerns will be studied in depth and satisfactory remedial measures will be adopted, concerning, mainly, the percentage of the allowances to be auctioned as well as the amount of its allocated allowances.

Common Position (EC) No 14/2008 of 18 April 2008 adopted by the 16160/4/07 REV 4 Qualified majority All Member States in favour Council with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules for the operation of air services in the Community (Recast)

Statement by the Commission Re: Article 3 (3) – "Air operator certificate requirements for local flights" In the context of the revision of Regulation (EC) No 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, the European Commission, assisted by the European Aviation Safety Agency, has consulted all the stakeholders in general aviation with a view to drawing up implementing rules for the new Regulation. The Commission undertakes to develop rules adapted to this activity, in particular to take properly into account circular flights in light aircraft, such as maiden flights, and as regards both the maintenance and operation of aircraft, as well as licences.

12407/08 CSM/AH/RP 19 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Joint Statement by the Member States and the Commission Re: Article 15 "Cooperation with respect to access by third countries to the internal air transport market" The so-called "Third Aviation Package", adopted in 1992, established a truly open internal air transport market for Community air carriers, which has been subsequently developed and now includes common rules in matters such as aviation safety, security, state aid and competition. Without prejudice to the obligations of Member States under the Convention on International Civil Aviation and the International Air Services Transit Agreement and taking into account air services agreements with third countries, cooperation is important between Member States and with the Commission regarding the issue of the right of third country carriers to fly over the Community and to provide intra-Community air services. For that purpose, and without prejudice to country-specific negotiating mandates granted in accordance with the Council conclusions of June 2005 on external aviation policy, the Member States and the Commission confirm, to the fullest possible extent and in a coordinated approach, their use of the existing mechanisms and framework of Regulation (EC) No 847/2004 on the negotiation and implementation of air service agreements between Member States and third countries.

Joint Statement by the Commission and the Council Re: Article 15 – "Social effects of Community aviation legislation" Since 1992, the creation of an Air Transport Single Market has led to important benefits to consumers, operators and employees. It saw a significant increase in activities (in traffic, number of routes and new entrants). Community air carriers can establish themselves anywhere in the Community and operate air services from bases in Member States, other than the one where they have their principal place of business. This implies an increased mobility of employees in civil aviation throughout the EU. Member States should ensure the proper application of terms and conditions of employment, including maximum work periods and minimum rest periods, minimum paid annual holidays, minimum rates of pay, as well as health, safety and hygiene at work, which they apply in compliance with Community law, with respect to employees of a Community air carrier operating air services from an operational base outside the territory of the Member State where that Community air carrier has its principal place of business. The Council takes note that the European Commission is assessing comprehensively the interactions between the internal market, employment and working conditions in an increasingly globalised sector. To this end, the European Commission has launched a study to have a clear picture of the situation in air transport and its evolutions since 1997. The results will be available in due course. The Council also takes note of the intention of the European Commission to assess, as a result of this study, what action if any is appropriate. The Commission will inform the European Parliament and the Council on the outcome.

12407/08 CSM/AH/RP 20 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by the Commission Re: Article 15(5) – "Restrictions on code share arrangements between Community air carriers and carriers of third countries" Paragraphs 4 and 5 of Article 15 of the draft Regulation on common rules for the operation of air transport services in the Community provide as the general rule that all restrictions on the freedom of Community air carriers to code-share with third country air carriers arising from bilateral agreements between Member States shall be eliminated. However, in order to maintain the negotiating leverage towards third countries which do not allow equal opportunities to Community air carriers in terms of code-sharing, Member States may, as an exception, impose restrictions on code-sharing between Community and third country air carriers in the framework of the respective air services agreements with third countries and subject to strict conditions set out in Article 15. These conditions include non- discrimination, unrestricted competition and the proportionality of the measures introduced. The Commission underlines the exceptional nature of restrictions imposed by Member States on free code-sharing, and will closely monitor any such restrictions to ensure that they fully comply with the abovementioned conditions.

Statement by France Re: Article 15(4) and (5) – "Restrictions on code share arrangements between Community air carriers and carriers of third countries" The provisions of existing bilateral agreements between Member States and third countries governing code share arrangements between air carriers shall continue to apply as long as this does not create any discrimination between Community carriers. Only those provisions of existing bilateral agreements between the Member States which concern code sharing shall come to an end under this draft text. In the absence of a specific mandate being given to the European Commission, negotiations concerning existing provisions of air transport agreements with third countries which relate to code sharing shall remain entirely under the competence of the Member States. This draft Regulation in no way modifies the existing division of competences between the Member States and the European Community as regards external relations.

Statement by the Portuguese Republic Re: Article 22 – "Pricing freedom" Further to Article 22, "reciprocity" on the free establishment of air fares and rates for intra Community air services on a specified route for a third country airline shall be taken as meaning that an airline, designated by one of the Member States concerned, is authorised by that third country to freely set fares and rates on specified routes involving that third country, and exercises equivalent traffic rights.

12407/08 CSM/AH/RP 21 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by Austria Re: Article 23 – "Price information and non-discrimination" Austria takes it that the proposed wording in Article 23 (in particular the word "foreseeable") can be broadly construed, so as to be consistent with the relevant Austrian legal situation regarding indication of prices.

Adoption of legislative acts following the European Parliament's second reading under the co-decision procedure ((Strasbourg, 21 to 24 April 2008)

Directive 2008/52/EC of the European Parliament and of the Council of 21 PE-CONS 3624/08 (Not applicable) (Not applicable) May 2008 on certain aspects of mediation in civil and commercial matters

Written procedure completed on 29 April 2008

2008/374/EC: Council Decision of 29 April 2008 amending Annex 3, Part I, 8250/1/08 REV 1 Unanimity All Member States in favour to the Common Consular Instructions on third-country nationals subject to airport visa requirements

2864th meeting of the Council of the European Union (GENERAL AFFAIRS and EXTERNAL RELATIONS), on 29 April 2008

2008/371/EC: Decision of the European Parliament and of the Council of 29 7682/1/08 Qualified majority All Member States in favour April 2008 amending the Interinstitutional Agreement of 17 May 2006 on + REV 1 (de, en, fr) except: budgetary discipline and sound financial management as regard adjustment abstention: UK of the multiannual financial framework

12407/08 CSM/AH/RP 22 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Council Regulation (EC) No 479/2008 of 29 April 2008 on the common 7292/08 Qualified majority All Member States in favour organisation of the market in wine, amending Regulations (EC) No + COR 1 (pl) except: 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and + COR 2 (pl) gainst:DA, MT repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 + REV 1 (et) abstention: EE + REV 2 (fi) + REV 3 (hu)

Statement by the Commission on the implementation of support for by-product distillation referred to in Article 16 In providing for the implementing rules concerning the support for by-product distillation referred to in Article 16, the Commission will leave Member States flexibility to modulate the aid levels according to different wine categories, so as to take account of differences in the collection costs of by- products.

Statement by the Commission on the granting of support to producers for potable alcohol distillation as referred to in Article 17 The Commission states that the provisions of Article 17 do not preclude the payment of support through wine producers within the meaning of Article 41 of Regulation (EC) No 1623/2000, even if they are not producers of grapes. However, in that case, support granted in the form of per-hectare aid must be entirely transferred to the grape producers who exploit the wine-growing areas which have yielded the wine eligible for support.

Statement by the Commission on the authorisation of oenological practices referred to in Article 29(1) The Commission confirms that the oenological practices and restrictions to be decided in accordance with the procedure referred to in Article 113(2) include existing rules set out in the Council Regulation (EC) No 1493/1999 for sweetening of wines.

Statement by the Commission on certain Tokaj/Tokajske wines (Article 29(1)) The Commission will base itself on all the existing rules, restrictions, and conditions of production of Tokaji eszencia/Tokajská esencia, Tokaji fordítás/Tokajský fordítáš, Tokaji máslás/Tokajský mášláš, Tokaji aszú puttonyos/Tokajský výber putňový completed by the numbers 3-6, and Tokaji szamorodni/Tokajské samorodné set out in Council Regulation No 1493/1999 when it will fix specific rules of production and oenological practices for these wines.

12407/08 CSM/AH/RP 23 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by the Commission on the approval of the new oenological practices referred to in Article 30 Before authorising new oenological practices the Commission will apply the criteria laid down in Article 30. During this procedure, it will use the expertise of an appropriate working group composed of Member States' representatives in preparation of the deliberations in the wine Regulatory Committee.

Statement by the Commission on the authorisation of oenological practices referred to in Article 29(1) and points (b) and (c) of Article 32 The Commission confirms that the specific oenological practices and restrictions concerning the production of sparkling wines, quality sparkling wines, quality aromatic sparkling wines, liqueur wines and related products to be decided in accordance with the procedure referred to in Article 113(2) (Regulatory Committee), include enrichment, acidification and de-acidification of these products. It recognizes that the addition of tirage liqueur and expedition liqueur is considered neither as enrichment nor as sweetening. It intends to base itself in particular on the rules contained in points H, I and J of Annex V and point K of Annex VI of Council Regulation No 1493/1999. For certain quality sparkling wines with a protected designation of origin, the Commission will also base itself on the production rules and restrictions set out in point E.6 of Annex VIII. Concerning Article 32(b) the Commission considers that the oenological practices concerned also include the conditions of use and addition of tirage liqueur and expedition liqueur.

Statement by the Commission on certain traditionally used names referred to in Article 34(2) Article 34(2) states that "certain traditionally used names" shall constitute a designation of origin. Such names refer to or are composed of geographical names supplemented by other terms referring, among others, to vine grape varieties, traditional terms or are names directly linked to a geographical origin, provided that they have been traditionally used in the territory of the Member State or third country concerned. In applying this Article 34(2), the Commission declares its intention to consider as traditionally used names current quality wines produced in specified regions protected in accordance with Article 54 and Annex VI(A)(3) of Council Regulation (EC) No 1493/1999 such as "cava", "manzanilla", "muscadet", "blanquette", "vinho verde", "brunello di Montalcino", etc.

Statement by the Commission on Article 35(2)(h) The Commission confirms that the bottling obligation of wines in the demarcated geographical area as referred to in Article 34(1)(a)(iii) and (b)(iii) may constitute a requirement according to Article 35(2)(h).

12407/08 CSM/AH/RP 24 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by the Commission on the authorisation to implement certain provisions as regards quality wines produced in specified regions The Commission confirms that Member States are free to use a control or verification system as provided for in Articles 47 and 48 of the Regulation prior to these provisions of the Regulation being applied.

Statement by the Commission on certain protected designations of origin referred to in Article 52(b) and (c) The Commission notes that the existing quality liquor wines "Jerez-Xeres-Sherry" and "Malaga" may be produced with grape must originating in the demarcated area of "Montilla-Moriles". The Commission also notes that the existing quality sparkling wine "cava" is also produced by a very limited number of companies established outside the area of the demarcated geographical area. The Commission will base itself on the existing derogations laid down in Annex VI of Council Regulation (EC) No 1493/1999 for the production of these three specific wines in relation to Article 52.

Statement by the Commission on traditional terms referred to in Article 54(1) The Commission notes that terms currently listed in Annex III of Commission Regulation (EC) No 753/2002, as amended, may consist of traditional terms as referred to in Article 54(1), including the following expressions: "vin doux naturel", "vin naturellement doux", "vinho doce natural", "vinho generoso", "vino dolce naturale", "vino dolce natural", "vino generoso", "vino generoso de licor" and "οίνος γλυκύς φυσικός" listed in Annex VI(L) of Council Regulation (EC) No 1493/1999. The Commission states that quality policy regulated at national level is reflected in Chapters IV and V of Title III. Consequently national quality terms may be protected as traditional terms pursuant to Article 54(1).

Statement by the Commission on bottle shapes Article 128(2) states that Chapter II of Title V of Council Regulation (EC) No 1493/1999 shall continue to apply until the corresponding Chapter of this Regulation starts to apply. Therefore the Commission confirms that the protection of certain specific bottle shapes provided for in Article 47(4)(a) of Regulation (EC) No 1493/1999 and Article 9 and Annex I of Commission Regulation (EC) No 753/2002, as amended, will continue to apply until the application date of the new labelling and presentation provisions. Then, if necessary, the Commission confirms its intention to continue this protection on the basis of Article 63(e), with due regard to industrial property rights.

12407/08 CSM/AH/RP 25 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by the Commission on Article 59(1)(d) The Commission declares that the modalities relating to the indication of provenance as stated in Article 59(1)(d) will be based, notably, on Annex VII(A) of Council Regulation (EC) No 1493/1993.

Statement by the Commission on Article 63(c) The Commission declares that the modalities regulating the production and marketing of wines bearing the vintage year and the wine grape varieties information for wines without protected designation of origin and geographical indication, to be based on the provisions as referred to in Article 60(2), will cover the blending of wines from different Member States.

Statement by the Commission on Article 63(d) The Commission declares that: – the use of the term "Sekt" will be regulated according to Article 63(d), Annex IV(5) and taking into account Annex VIII(D) and (G) of Council Regulation (EC) No 1493/1999; – the use of the term "crémant" for wines with protected designations of origin will be regulated according to Article 35(2)(h); – the use of the terms "Winzersekt" and "Hauersekt" for respectively German and Austrian wines with protected designations of origin will be regulated according to Article 35(2)(h); – the use of the expressions "bottle-fermented", "bottle-fermented by the traditional method", "traditional method", "classical method" or "classical traditional methods" will be regulated according to Article 63(d), taking into account Annex VIII(E)(3) and (4) of Regulation (EC) No 1493/1999.

Statement by the Commission on import licences referred to in Article 72 The Commission recognises the importance of import licences for the management of agricultural markets in particular with regard to products of the wine sector whose importation is currently subject to the presentation of an import licence in accordance with the relevant basic Council Regulation. The Commission therefore intends to assess the need for import licence requirements in the light of the sensitivity of the markets concerned and to consider the removal of licence requirements only where equivalent mechanisms could be used. The Commission will, in such cases, monitor carefully the effects of decisions taken and will inform the Management Committee of the results of its assessment within a reasonable period of time.

12407/08 CSM/AH/RP 26 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by the Commission on actions of information referred to in Article 125 The Commission declares that the actions of information on responsible drinking patterns and harm linked to hazardous alcohol consumption must be in line with the requirements of the responsible authorities in the Member States. This is reflected in the implementing provisions of Commission Regulation (EC) No 1071/2005.

Statement by the Commission on certain liqueur wines with a designation of origin referred to in Annex IV point 3 The Commission will base itself on all the existing rules, restrictions and conditions for the production of liqueur wines with a designation of origin bearing the specific traditional name "vino dulce natural", "vino generoso", "vino generoso de licor", "vin doux naturel", "vinho doce natural", "vinho generoso", "vino dolce naturale", "vino dolce natural" and "οίνος γλυκύς φυσικός" set out in points 5, 6, 8, 10 and 11 of Annex VI(L) of Council Regulation (EC) No 1493/1999 when it will fix specific rules of production and oenological practices for these liqueur wines as foreseen in Article 32 (c).

Statement by the Commission on quality aromatic sparkling wines referred to in Annex IV point 6 The Commission will base itself on the existing rules, restrictions and conditions for the production of quality aromatic sparkling wines to decide all supplementary specific rules for their production which are not mentioned in the definition in point 6 of Annex IV. In particular these include the use as constituents of the cuvee of wines obtained from grapes of the "Prosecco" wine grape variety harvested in certain regions of Italy.

Statement by the Commission concerning point 3 of the political compromise (16768/07) on "Oenological practices", under point (b) "Enrichment", second indent regarding exceptions for climatic reasons The Commission declares that it will undertake to respond to requests for applying the increase in the enrichment percentage of 0,5% in zones A, B and C due to exceptional climatic reasons, in the most expeditious and quick manner possible.

Statement by the Commission on Tokaj/Tokajske wines (Annex IX, point 3 (f)) The Commission invites Hungary and Slovakia to come to an agreement on Tokaj / Tokajske wines as soon as possible, with a view to complete all points of the "Agreed Minutes" signed on 14 June 2004. The Commission invites these two Member States, once an agreement has been reached, to come forward with a wording regarding the definition of the wine-growing zone referred to in Annex IX point 3 (f). The Commission would then be prepared to present, if necessary, a proposal for changing the Regulation on this element. The Commission is ready to provide its good offices if assistance is needed by the two Member States.

12407/08 CSM/AH/RP 27 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES Statement by Spain on wine labelling In order to contribute to the European Union's objective of harmonisation and simplification of legislation, preserve the conditions of the single market, remove obstacles to the free movement of goods and fulfil the aims of consumer information, the Commission is asked to present a proposal to harmonise labelling rules for wine.

Joint statement by the Republic of Hungary and the Slovak Republic Hungary and Slovakia agree that they will continue discussions based on the Trilateral Agreed Minutes signed 14 June 2004 together with the European Commission. It is in the best interest of both parties to reach final mutually acceptable agreement. Both parties agree that the implementation of the Agreed Minutes should be achieved as early as possible. Based on the mutual recognition of the Agreed Minutes, the next expert's meeting will take place in January 2008 with the aim of clarification of the remaining technical issues (1-3. points). Hungary and Slovakia agree that based on Article 30(3) of the envisaged wine reform they will submit joint product specification/s with regard to the Tokaj/Tokajske wine specialties. The preparation of the joint product specification/s will be in accordance with the Agreed Minutes of 14 June 2004.

Statement by Malta Malta considers that the political agreement reached by the Council constitutes a significant departure from the necessary and important objectives set for the reform of the EU wine sector, particularly the objective of having a wine sector based on quality and competitiveness. As a result this reform does not strengthen the reputation of Community quality wines. Furthermore consumer expectations as far as production methods and quality are concerned will not be met as a result of this agreement. In the light of these developments Malta cannot support the proposal.

Statement by Poland Poland welcomes the objectives of the reform of the wine sector as set out in the political agreement and expects that all wine-growing and wine- producing Member States meeting the criteria for the allocation of funds for the support programmes will have access to the measures of the common organisation of the market in wine from 2013 onwards at the latest.

12407/08 CSM/AH/RP 28 ANNEX II (PART I) DG F III EN INFORMATION ON THE ADOPTION OF LEGISLATIVE ACTS APRIL 2008 TITLE OF LEGISLATIVE ACT TEXTS ADOPTED VOTING RULE VOTES 2008/376/EC: Council Decision of 29 April 2008 on the adoption of the 5882/08 Qualified majority All Member States in favour Research Programme of the Research Fund for Coal and Steel and on the + COR 1 (es) multiannual technical guidelines for this programme

Statement by Poland Poland supports the Proposal for a Decision on the multiannual technical guidelines for the research programme of the Research Fund for Coal and Steel. Poland underlines the necessity to guarantee in the composition of advisory groups, referred to in Article 22 of the Decision, the representatives of countries with the highest potential in the coal and steel sectors.

12407/08 CSM/AH/RP 29 ANNEX II (PART I) DG F III EN ANNEX II (PART II)

INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public 2861st meeting of the Council (TRANSPORT, TELECOMMUNICATIONS and ENERGY), on 7 April 2008

Council Conclusions on the Communication from the Commission on the First Report on the implementation of the Single Sky Legislation: Achievements and the way forward 7355/08

Joint Statement by the Council and the Commission Inter alia for pragmatic reasons, it is preferable that the Community alone should conclude the Agreement with the Government of Nepal on certain aspects of air services. The same considerations would apply in respect of similar agreements as long as they are concluded in accordance with and within the limits of the mandate on the replacement of certain provisions in existing bilateral agreements adopted by the Council Decision of 5 June 2003. This Decision does not constitute a precedent as to the exercise of the respective competencies of the Community and its Member States in respect of agreements other than those referred to above, such as, for example, agreements of the type envisaged by the Council Decision of 5 June 2003 authorising the Commission to open negotiations with the United States in the field of air transport, which shall be concluded as mixed agreements. This Decision does not create any new Community competences as far as external agreements on air services are concerned, nor does it affect the division of competences between the Community and its Member States.

12407/08 CSM/AH/RP 30 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public 2008/420/EC: Council Decision of 7 April 2008 on the signing and provisional application of the Agreement between the European Community and the Government of Australia on certain aspects of air services 5036/09/06 +REV 9 COR 1 (da) +REV 9 COR 3 (hu) +REV 9 COR 4 (sk) +REV 9 COR 5 (el) +REV 9 COR 6 (ro) +REV 9 COR 7 (nl) +REV 9 COR 8 (lt) +REV 9 COR 10 (es) +REV 9 COR 11 (it) +REV 10 (de) +REV 11 (cs) +REV 11 COR 1 (cs) +REV 12 (sl)

Joint Statement by the Council and the Commission Inter alia for pragmatic reasons, it is preferable that the Community alone should conclude the agreement with the Government of Australia on certain aspects of air services. The same considerations would apply in respect of similar agreements as long as they are concluded in accordance with and within the limits of the mandate on the replacement of certain provisions in existing bilateral agreements adopted by the Council Decision of 5 June 2003. This Decision does not constitute a precedent as to the exercise of the respective competencies of the Community and its Member States in respect of agreements other than those referred to above, such as, for example, agreements of the type envisaged by the Council Decision of 5 June 2003 authorising the Commission to open negotiations with the United States in the field of air transport, which shall be concluded as mixed agreements. This Decision does not create any new Community competences as far as external agreements on air services are concerned, nor does it affect the division of competences between the Community and its Member States.

Council Decision concerning the conclusion of the Agreement between the European Space Agency and the European Union on the security and exchange of classified information 15223/07 + COR 1 + COR 2 (bu)

12407/08 CSM/AH/RP 31 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public Council Common Position 2008/288/CFSP of 7 April 2008 renewing restrictive measures against certain officials of Belarus 7466/08

Statement by the Council and the Commission The Council and the Commission welcome the release of five of the six internationally recognised political prisoners in Belarus. The Council and the Commission reiterate their position that the unconditional release of all political prisoners would be considered by the EU as a concrete step towards Belarusian compliance with core European values of democracy, human rights and the rule of law. This would provide for a possibility to review the restrictive measures in place against certain officials of Belarus, and to enable the EU to progressively re-engage with Belarus, in connection with further steps by Belarus in that direction. The Council and the Commission also note in this respect the particular importance of the conduct of the upcoming parliamentary elections in accordance with international electoral standards, which would provide an opportunity for the assessment of the situation in Belarus and for possible positive steps. The Council and the Commission recall that Council Common Position 2006/276/CFSP is kept under constant review and can be modified in light of political developments in Belarus. The release of all political prisoners and the conduct of September 2008 parliamentary elections would provide specific occasions for such a review

Council Joint Action 2008/299/CFSP of 7 April 2008 amending Joint Action 2004/551/CFSP on the establishment of the European Defence Agency 15859/1/07 REV 1

Council Decision 2008/298/CFSP of 7 April 2008 amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union 7235/08 + COR 1 + COR 2 (hu)

12407/08 CSM/AH/RP 32 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public Council Decision 2008/389/CFSP of 7 April 2008 concerning the conclusion of the Agreement between the European Union and the Central African Republic on the status of the European Union- led forces in the Central African Republic 5472/08

Council Conclusions on the Commission Communication "towards a rail network giving priority to freight" 7553/08 + COR 1 (bu)

Council Conclusions on the Commission Communication on an agenda for sustainable future in general and business aviation 7668/08 + COR 1

12407/08 CSM/AH/RP 33 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public 2862nd meeting of the Council of the European Union (AGRICULTURE and FISHERIES) on 14 April 2008

Council Joint Action 2008/304/CFSP of 14 April 2008 amending and extending Joint Action 2005/190/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX 7844/08

12407/08 CSM/AH/RP 34 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public EU Guidelines in preparation for the Conclusions of the Conference of the Ministers of Culture of the Euro-Mediterranean Partnership 7971/08

2008/363/EC: Council Decision of 14 April 2008 extending Decision 2005/321/EC concluding the consultation procedure with the Republic of Guinea under Article 96 of the Cotonou Agreement 7500/08

2863rd meeting of the Council of the European Union (JUSTICE and HOME AFFAIRS) on 18 April 2008

Council Conclusions on the sixth Eurojust Annual Report (calendar year 2007) 8062/08

Council Conclusions on the Russian Organised Crime Threat Assessment (ROCTA) 6548/2/08 REV 2

Council Conclusions on practical cooperation in the field of asylum 7978/08

12407/08 CSM/AH/RP 35 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public Position of the European Union in view of the fourth meeting of the EU-Croatia Stabilisation and Association Council (Luxembourg, 28 April 2008) 8304/08

Written procedure completed on 25 April 2008

European Union's position with a view to the fourth meeting of the EU-Egypt Association Council's (Luxembourg on 28 April 2008) 8337/08 + COR 1

12407/08 CSM/AH/RP 36 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public 2864th meeting of the Council of the European Union (GENERAL AFFAIRS and EXTERNAL RELATIONS) on 29 April 2008

Council Conclusions on the Commission communication “Communicating Europe in Partnership” 8528/08

Council Conclusions on Afghanistan 8273/1/08 REV 1

2008/373/EC: Council Decision of 28 April 2008 concerning the conclusion of the Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 6368/1/08 REV 1 +REV 2 (fi)

Council Regulation (EC) No 396/2008 of 29 April 2008 amending Regulation (EC) No 397/2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan 8030/08

12407/08 CSM/AH/RP 37 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public Council Regulation (EC) No 388/2008 of 29 April 2008 extending the definitive anti-dumping measures imposed by Regulation (EC) No 1472/2006 on imports of certain footwear with uppers of leather originating in the People’s Republic of China to imports of the same product consigned from the Macao SAR, whether declared as originating in the Macao SAR or not 8199/08

Council Conclusions on the Review of the EU Guidelines on torture and other cruel, inhuman and degrading treatment or punishment 8481/1/08 REV 1

12407/08 CSM/AH/RP 38 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public Council Common Position 2008/349/CFSP of 29 April 2008 renewing restrictive measures against Burma/Myanmar 8391/08

Council Common Position 2008/348/CFSP of 29 April 2008 concerning restrictive measures against Uzbekistan 8416/08

Council Conclusions on Uzbekistan 8814/08

Council Conclusions on EU-Latin America relations 8527/2/08 REV 2

12407/08 CSM/AH/RP 39 ANNEX II (PART II) DG F III EN INFORMATION ON THE ADOPTION OF OTHER ACTS APRIL 2008 OTHER ACTS Votes/Statements made public 2865th meeting of the Council of the European Union (GENERAL AFFAIRS and EXTERNAL RELATIONS), on 29 April 2008

Council Conclusions on Zimbabwe 8602/1/08 REV 1

Council Conclusions on Pakistan 8783/08

Council Conclusions on Burma/Myanmar 8697/08

Council Conclusions on the Western Balkans 8574/3/08 REV 3

12407/08 CSM/AH/RP 40 ANNEX II (PART II) DG F III EN