Report of the Department of Enterprise, Trade and Employment to the Oireachtas

Under Section 2 (5) of the European Union (Scrutiny) Act 2002 for the period from July to December 2020

January 2021 www.enterprise.gov.ie

Table of Contents

Introduction ...... 3 Part I – Developments in the EU ...... 3 1. Competitiveness Council (Internal Market, Industry, Research and Space)...... 3 1.1. Meetings of the Competitiveness Council (Internal Market and Industry) ..... 4 1.1.1. Competitiveness Council (Internal Market and Industry) -Video Conference, 18 September 2020 ...... 4 1.1.2 Competitiveness Council (Internal Market and Industry) -Video Conference, 23 October 2020 ...... 4 1.1.3 Competitiveness Council (Internal Market and Industry) -Video Conference, 19 November 2020 ...... 5 1.2. Meetings of the Competitiveness Council (Research and Innovation) ...... 6 1.2.1 Competitiveness Council (Research) - Video Conferece – 21 July 2020 ...... 6 1.2.2. Formal Competitiveness Council (Research & Innovation) – Brussels, 29 September 2020 ...... 6 1.2.3. Competitiveness Council (Research) – Video Confernce – 27 November 2020...... 7 1.2.4. Competitiveness Council (Space) -Video Conference - 20 November 2020 2. Foreign Affairs Council (Trade) ...... 8 2.1. Meetings of the Foreign Affairs Council (Trade)...... 8 2.1.1. Informal Foreign Affairs Council (Trade) –21 September 2020 ...... 8 2.1.2. Foreign Affairs Council (Trade) - Videoconference – 9 November 2020 . 8 3. Portuguese Presidency of the Council of the EU (January – June 2021) ...... 9 3.1. Schedule of Meetings during the Portuguese Presidency ...... 9 3.2. Overview of key issues likely to arise in relevant Councils during the Portuguese Presidency ...... 10 Part II - Oireachtas Scrutiny Proposals July – December 2020 ...... 13

Introduction

Under the terms of the European Union (Scrutiny) Act 2002, Ministers submit Reports to the Oireachtas every six months on developments at European Union level in their area of responsibility. This Report summarises the key legislative and policy developments within the remit of the Department of Enterprise, Trade and Employment during the six-month period July to December 2020 during which time Germany held the Presidency of the Council of the European Union.

This report has two parts. The first part sets out the principal developments in the policy areas which fall within the responsibility of this Department at EU level and provides an overview of the incoming Portuguese Presidency. The second part provides an update on the EU legislative proposals for which information notes were submitted to the Oireachtas Joint Committee on Enterprise, Trade and Employment under the European Union (Scrutiny) Act 2002. Part I – Developments in the EU The COVID-19 pandemic and its impact on the economy and on travel dominated the German Presidency which had practical consequences for the holding of Council meetings and the content of their agendas.

The policy areas which fall within the responsibility of the Department of Enterprise, Trade and Employment at EU level are in the main dealt with by the Competitiveness Council under the formations of Internal Market and Industry, Research and Space, the Foreign Affairs Council under the Trade formation and the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) under its Employment formation.

The Employment, Social Policy, Health and Consumer Affairs Council under the heading of Employment transferred from the Department of Employment Affairs and Social Protection to the Department of Enterprise, Trade and Employment with effect from 14 October 2020. The Department of Social Protection will report on EU developments during the six month report period in its Report to the Oireachtas. The Department of Enterprise, Trade and Employment will report on EPSCO in its Employment formation in the next report onwards.

In relation to the Research formation of the Competitiveness Council, policy responsibility for Research transferred from the Department of Enterprise, Trade and Employment to the Department of Further and Higher Education, Research, Innovation and Science on 1 January 2021 and therefore EU developments from 1 January 2021 onwards will feature in that Department’s Report to the Oireachtas. Competitiveness Council in its Space formation remains within the Department of Enterprise, Trade and Employment.

1. Competitiveness Council (Internal Market, Industry, Research and Space)

Due to COVID-19 restrictions on meetings and travel, all the Competitiveness Councils during the German Presidency were held by video conference. Debates in those Councils were focussed on how best to deploy industrial and internal market policy instruments to both address the public health crisis and drive economic recovery. As the meetings were not in person, they were not considered formal decision making Councils. In that situation, decisions and Council Conclusions arising from those discussions may be taken and adopted

subsequently by written procedure, by Ambassadors in COREPER, or at another Council formation, meeting in person in Brussels.

1.1. Meetings of the Competitiveness Council (Internal Market and Industry) The Competitiveness Council (Internal Market and Industry) met on three occasions during the period July to December 2020.

- Competitiveness Council by Video Conference – 18 September 2020 - Competitiveness Council by Video Conference – 23 October 2020 - Competitiveness Council by Video Conference – 19 November 2020

1.1.1. Competitiveness Council (Internal Market and Industry) - Video Conference, 18 September 2020

Ireland was represented at the September Council by An Tánaiste and Minister for Enterprise, Trade and Employment, Mr Leo Varadkar, T.D. Council was chaired by Mr Peter Altmaier, German Minister for Economic Affairs and Energy. The Commission was represented by Ms Margrethe Vestager, Executive Vice President for A Europe Fit for the Digital Age and by the Commissioner for Internal Market, Industry, Entrepreneurship and SMEs, Mr Thierry Breton.

On the basis of a Presidency paper with the theme of “Deepening Single Market for a strong recovery and a competitive, sustainable Europe”, Ministers debated which components of the Commission’s ‘March 2020 package’ and its Action Plan for better implementation and enforcement of Single Market rules, were particularly adequate to effectively strengthen the Single Market, and to be prioritised in order to handle the impact of the COVID-19 crisis and support the speedy recovery of the economy. Ministers agreed on Council Conclusions on deepening the EU Single Market, which were later adopted by Council on 21 September.

There was broad acknowledgment of the need to restore swiftly the integrity of the Single Market by removing all temporary derogations put in place by individual Member States during the COVID-19 crisis. The Single Market Enforcement Task-force (SMET) was mentioned as the main tool for identifying unnecessary barriers to the cross-border free circulation of goods and services.

1.1.2 Competitiveness Council (Internal Market and Industry) -Video Conference, 23 October 2020

This Council meeting was planned as the Presidency’s Informal Council so there was no change to its status as a result of moving to VC format.

Ireland was represented by Minister of State for Trade Promotion, Digital and Company Regulation, Mr Robert Troy, T.D. Council was chaired by Mr Peter Altmaier, German Minister for Economic Affairs and Energy. The Commission was represented by Ms Margrethe Vestager, Executive VP for A Europe Fit for the Digital Age and by the Commissioner for Internal Market, Industry, Entrepreneurship and SMEs, Mr Thierry Breton.

The focus of the meeting was on EU Industrial Policy and began with keynote addresses by Joe Kaeser CEO Siemens and by Dr Markus Steilmann, CEO Covestro.

On the basis of a Presidency Paper focussing on “EU industry as an engine for economic growth and recovery in the EU: delivering on innovation for the green & digital transition and gaining from a level playing field”, Ministers were invited to exchange views on how EU industrial policy can create the right framework conditions for innovation in Europe so that industrial competitiveness can be secured in the long term.

There was widespread agreement that the Single Market plays a key role in the success of Industrial Policy and that Industrial Policy must be a driver in advancing the twin transitions to green and digital.

Ministers also addressed the Commission’s White Paper on foreign subsidies. The majority of Member States agreed that action is warranted to address the effect of foreign subsidies in the Single Market and favoured building a more resilient, self-sufficient Europe. Others, including Ireland, favoured a less protectionist type approach that would ensure a Europe that is more open to international trade, to multilateral relationships and to building global supply chains that play a part in ensuring that the EU has access to raw materials, the most efficient inputs and to markets where it can sell its own goods and services.

1.1.3 Competitiveness Council (Internal Market and Industry) -Video Conference, 19 November 2020

Ireland was represented by Minister of State for Trade Promotion, Digital and Company Regulation, Mr Robert Troy, T.D. Council was chaired by Mr Peter Altmaier, German Minister for Economic Affairs and Energy. The Commission was represented by the Commissioner for Internal Market, Industry, Entrepreneurship and SMEs, Mr Thierry Breton.

Reflecting the Presidency paper “Making the most of recovery: A more dynamic, resilient and competitive European industry through investments in the green transformation #cleanindustry” the main item on the agenda was an informal policy debate on the role of the green elements of EU Industrial Policy in the context of Europe’s recovery. The discussions focussed on Council Conclusions on ‘A recovery advancing the transition towards a more dynamic, resilient and competitive European industry’, which were adopted in advance through a written procedure (16 November 2020). There was general agreement that it is appropriate to review the EU’s Industrial Strategy, which was published in March 2020, particularly in light of the lessons of the public health crisis. Ministers shared the view that the reviewed Strategy must be devised to support both the green and digital transitions.

Under the Any Other Business agenda item, the Commission presented the 2020 Annual Report of the SME Envoy Network, and the New Consumer Agenda. The incoming Presidency presented the main priorities of its upcoming presidency in the field of the internal market and industry.

1.2. Meetings of the Competitiveness Council (Research and Space)

Research Ministers met on three occasions during the period July to December 2020:

• Competitiveness Council (Research) by Video conference – 21 July 2020 • Formal Competitiveness Council (Research and Innovation) – 29 September 2020 – Brussels • Competitiveness Council (Research) by Videoconference – 27 November 2020

1.2.1 Competitiveness Council (Research) -Video Conference– 21 July 2020

Ireland was represented at this Council meeting by Mr Eugene Lennon, Principal Officer, Department of Enterprise, Trade and Employment. The meeting was chaired by Ms Anja Karliczek, German Federal Minister for Education and Research. The Commission was represented by the, Commissioner for Innovation, Research, Culture, Education and Youth, Ms Mariya Gabriel.

The meeting provided the first opportunity for Ministers to provide political guidance on the future direction of European research and innovation policy and the priorities for the European Research Area (ERA). The main priorities identified include the need for greater, more effective coordination and collaboration on research and innovation issues across Member States, an increased focus on shared European values and principles, an improved innovation performance, closer links with education and a more inclusive ERA with benefits for all.

Ministers were also invited to consider the German Presidency’s proposals for three initiatives, which are designed to enable research and innovation to play an active role in supporting Europe’s recovery. The proposed initiatives, which received broad support from Member States, are:

• a pan-European communications campaign to engage the public in science – Plastic Pirates; • a proposal to strengthen Europe’s resilience and improve its preparedness for future pandemics; and • a research and innovation driven initiative on green hydrogen.

1.2.2. Formal Competitiveness Council (Research and Innovation) – Brussels, 29 September 2020

Ireland was represented at this Formal Council meeting by Deputy Permanent Representative, Ms Maeve Collins. The meeting was chaired by Ms Anja Karliczek, German Federal Minister for Education and Research. The Commission was represented by the Commissioner for Innovation, Research, Culture, Educations and Youth, Ms Mariya Gabriel. The Council adopted the General Approach on the Horizon Europe, Regulation and Specific Programme. Horizon Europe is the next EU Research and Innovation Framework Programme. The General Approach provides a mandate for the negotiations on Horizon Europe with the European Parliament.

Political agreement between the European institutions was reached in December 2020, thus paving the way for the rollout of the first Horizon Europe Work Programme in spring 2021. The budget for Horizon Europe is €95.5 billion over the seven year period 2021-2027.

1.2.3. Competitiveness Council (Research) – Video Conference – 27 November 2020

Ireland was represented at this Council by the Minister for Further and Higher Education, Research, Innovation and Science, Mr Simon Harris, T.D. The meeting was chaired by Ms Anja Karliczek, German Federal Minister for Education and Research. The Commission was represented by the Executive Vice-President for Europe fit for a Digital Age, Ms Margrethe Vestager, and the Commissioner for Innovation, Research, Culture, Educations and Youth, Ms Mariya Gabriel.

Ministers exchanged views on the new research and innovation investment targets proposed by the Commission. There was broad agreement that significant and sustained investment in research and innovation can make a significant contribution to addressing the wider challenges Europe faces – in particular, accelerating the recovery from the pandemic while delivering on the green and digital transitions. Some called for careful consideration of the proposed new targets and highlighted the need to strike the right balance between setting ambitious targets and being realistic in terms of what can be achieved. The proposed targets would be very challenging for Ireland.

1.2.4. Competitiveness Council (Space) Video Conference – 20 November 2020

Ireland was represented by Mr Damien English T.D., Minister of State for Business, Employment and Retail. The meeting was chaired by Mr. Peter Altemier, German Federal Minister for Economic Affairs and Energy. The Commission was represented by the Commissioner for Internal Market, Industry, Entrepreneurship and SMEs, Mr Thierry Breton.

The morning session on space was divided into three parts. The first session, in Competitiveness Council format, commenced with a policy debate on Europe’s role in the global space economy. In the second session, the European Space Agency (ESA) Council adopted a Resolution on Orientations on the European contribution in establishing key principles for the global space economy. The EU side adopted the same document as Council Conclusions ahead of the Council meeting.

The final session was the EU-ESA Space Council during which Ministers exchanged views on actions that Europe can take to build a globally competitive European space economy, fostering European space autonomy, security and resilience and enhancing European space cooperation.

2. Foreign Affairs Council (Trade)

2.1. Meetings of the Foreign Affairs Council (Trade)

The Foreign Affairs Council (Trade) met on two occasions during the period July to December 2020: - Informal Foreign Affairs Council (Trade) Berlin (in person) – 21 September 2020 - Foreign Affairs Council (Trade) by Videoconference – 9 November 2020

2.1.1. Informal Foreign Affairs Council (Trade) –21 September 2020

The Informal Foreign Affairs Council (Trade) meeting took place in Berlin and was attended by An Tánaiste and Minister for Enterprise, Trade and Employment, Mr. Leo Varadkar T.D. The meeting was chaired by German Federal Minister for Economic Affairs and Energy, Peter Altmaier. The Commission was represented by the Executive Vice President for An Economy that Works for People, Mr Valdis Dombrovskis and the Commissioner for Internal Market, Industry, Entrepreneurship and SMEs, Mr Thierry Breton.

At the meeting Ministers also held an exchange of views on the EU Trade Policy Review. The discussion involved input from Prof. Felbermayr, of the Kiel Institute on “Resilience of Global Value Chains”. Ministers also exchanged views on the situation of the European Steel industry, as an example of current challenges that EU energy intensive industries are facing. This discussion also involved input from Eurofer President Geert Van Poelvoorde.

During their working lunch, Ministers also discussed the selection process for the new Director General of the WTO.

2.1.2. Foreign Affairs Council (Trade) Videoconference – 9 November 2020

This meeting of Trade Ministers took place by videoconference on 9 November. Ireland was represented by An Tánaiste and Minister for Enterprise, Trade and Employment, Mr Leo Varadkar T.D. The meeting was chaired by German Federal Minister for Economic Affairs and Energy, Mr Peter Altmaier. The Commission was represented by the Executive Vice President for An Economy that Works for People, Mr Valdis Dombrovskis.

The most pressing issue for Ministers was EU-US trade relations post U.S. elections, which included a comprehensive discussion of bilateral trade relations, including WTO cases relating to aircraft subsidies and existing steel tariffs and EU safeguard measures.

Ministers also discussed the Trade Policy Review and the outlook for the WTO, where WTO reform and the trade and sustainability agenda, including the environment and gender, were notable themes. Also discussed was the WTO work programme and EU’s priorities over next twelve months. Finally, Ministers also discussed EU trade relations with China and, in particular, the ongoing negotiations on a Comprehensive Agreement on Investment.

3. Portuguese Presidency of the Council of the EU (January – June 2021) Portugal assumed the rotating Presidency of the Council of the EU on 1 January 2021.

The priorities of Portugal’s Presidency are driven by its motto: “Time to deliver: a fair, green and digital recovery”. Portugal is putting the focus of its Presidency on bringing the EU through the COVID-19 pandemic and will promote a vision of the EU that is innovative, looks to the future and is based on common values of solidarity, convergence and cohesion.

The Presidency programme focuses on five main areas, which are in line with the goals of the EU’s strategic agenda:

• strengthen Europe’s resilience • promote confidence in the European social model • promote a sustainable recovery • speed up a fair and inclusive digital transition • reaffirm the EU’s role in the world, ensuring that this is based on openness and multilateralism.

One of the main priorities of the Portuguese Presidency is to implement the EU’s multiannual financial framework (MFF) for the period from 2021 to 2027 and of the EU Next Generation Instrument (Next Generation EU), in particular the Recovery and Resilience Facility.

3.1. Schedule of Meetings during the Portuguese Presidency

This schedule and the location of meetings is subject to change due to the impact of COVID- 19.

Scheduled European Council meetings (EU Heads of State or Government)

• European Council – 21 January • European Council – 25/26 March • Informal European Council – 8 May • European Council – 24/25 June

Scheduled Competitiveness Council meetings

• Informal Meeting of Research Ministers – 3 February – Virtual • Formal Competitiveness (Internal Market and Industry) Council – 25 February • Competitiveness Council (Research and Innovation) – 26 February • Informal Competitiveness (Internal Market and Industry) Council – 22/23 March • Formal Competitiveness (Internal Market and Industry) Council – 27 May • Competitiveness Council (Research and Innovation) – 28 May  • Formal Competitiveness (Space) – 28 May

 Responsibility for Competitiveness Council in its Research and Innovation formation now lies with the Department of Further and Higher Education, Research, Innovation and Science

Scheduled Foreign Affairs Council (Trade) meetings

• Formal Council – 2 March • Formal Council – 20 May • Formal Council – 20 June

Scheduled Employment, Social Policy, Health and Consumer Affairs meetings

• Informal Council VC – 22/23 February • Formal (Employment and Social Policy) Council – 15 March • Formal (Employment and Social Policy) Council – 14 June

3.2. Overview of key issues likely to arise in relevant Councils during the Portuguese Presidency

Competitiveness Council (Internal Market and Industry) COVID-19 has demonstrated even more strongly the importance of the single market and of a robust European Industrial Strategy. In order to increase European competitiveness, it is essential to strengthen the single market in all its dimensions, with a special focus on SMEs. The Portuguese Presidency will continue to focus on restoring and improving the Single Market post crisis. The Presidency also intends to prioritise initiatives that will deliver a future-proof digital framework, through the Digital Services Act and Digital Market Act.

The Presidency will prioritise the forthcoming review of the 2020 European industrial strategy, contributing to strong and environmentally sustainable European industries, based on innovation, added value, investment and reducing dependence on third countries, in particular with regard to critical goods and technologies. The Portuguese Presidency intends to follow up on the White Paper on Foreign Subsidies. SMEs will also be the focus of the Presidency, notably in the debate on adapting the regulatory framework for SMEs to today’s reality, which should stimulate digitalisation, the uptake of advanced technologies and new, more efficient business models, as well as participation in global value chains and human resources development.

Competitiveness Council (Space) The Portuguese Presidency will focus on two blocks of work: - Finalising regulatory aspects of the work programme including adoption of the Space Regulation agreed in December 2020; and - Adopting Council Conclusions on “European New Space for People”, which will promote action to support the realisation of opportunities that the New Space economy presents to Europe.

Competitiveness Council (Research) It falls to the Portuguese Presidency to conclude negotiations on Horizon Europe and other research and innovation related programmes with the European Parliament. The Presidency plans to get agreement at the Council meeting in May on the Commission’s proposals for a package of European research and innovation partnerships. It also plans to start negotiations on agreements with countries that want to associate to Horizon Europe. The Presidency will also prepare Council Conclusions on promoting attractive research careers for adoption at the May Council meeting.

Foreign Affairs Council (Trade) EU trade policy will play a crucial role in overcoming the health and economic consequences of the COVID-19 pandemic. To this end the conclusion to the EU’s Trade Policy Review which we anticipate under the Portuguese Presidency can serve to set a framework to build a stronger EU, based on reaping the benefits of openness for our businesses, workers and consumers, while protecting them from unfair practices and building up EU resilience to be better equipped for future challenges. It must be primarily concerned with economic growth and good jobs, particularly as we strive for growth in the post pandemic period.

Given the very substantial challenges faced by the WTO and the global economy in the COVID-19, the Portuguese Presidency will work to progress European leadership in consolidating an open, rules-based system of international trade, promoting a strong and fair trade agenda, with the WTO at its core. The strengthening of dialogue with the new Administration of the United States, a strategic partner in all fields, is identified as a key priority, with a view to developing the full potential of transatlantic relations. Under the Portuguese Presidency the EU will take an active part in preparing the 6th EU-African Union Summit, with a view to consolidating a mutually fruitful partnership. Dialogue and cooperation with India in the political, economic and commercial fields will be a priority, including the hosting of the EU-India Summit involving a meeting of European Leaders with the Indian Prime Minister, in May, in Porto. The Portuguese Presidency will also continue work on existing EU FTAs, as well as the trade and sustainable development agenda and on the future partnership between the EU and the United Kingdom, respecting the interests of the Union and the Member States.

Employment, Social Policy, Health and Consumer Affairs

Employment & Social Policy Matters:

The Portuguese Presidency has signalled a very extensive and ambitious programme in the EPSCO area, with a Social Summit on 7-8 May in Porto set to take centre stage and a highlight of their Presidency. The implementation of the Pillar of Social Rights on foot to the Commission Action Plan for the Pillar will be the central focus of the Summit, with particular attention being paid to the areas of employment, qualifications and social protection.

The Presidency will prioritise the proposal for a Directive on Adequate Minimum Wages in the EU and hopes to achieve a Council General Approach on the file by June. In respect of

11 protecting and supporting workers for upcoming transition, Presidency will reflect on the Future of Work, and present Council Conclusion on this topic.

The Presidency will also prioritise the new European Strategy on Safety and Health at Work, which is a topic of paramount importance in the context of the response to the pandemic and will continue to progress the proposal for a Directive on Carcinogens and Mutagens at work (4th batch) with a view to getting political agreement on the file by June.

The Portuguese Presidency will also prioritise the adoption of a Recommendation on a Child Guarantee - which aims to ensure that all children in Europe who are at risk of poverty, social exclusion and are deprived have access to essential and quality services. It hopes to reach political agreement on this file in June.

Other priorities include Council Conclusions on Mainstreaming ageing in public policies - aimed at protecting older people, acknowledging the disproportionate impact of COVID-19 on senior citizens; establishing a European Platform on Homelessness and the planned introduction of a New European Disability Strategy, designed to empower people with disabilities to exercise their rights.

for the Digital Age

Part II - Oireachtas Scrutiny Proposals July – December 2020

COM Subject Section Date Current Update on Proposal Number Examined by Committee COM (20) 253 White Paper on levelling the playing field EU Affairs Not examined The Commission’s next steps in relation to foreign as regards foreign subsidies subsidies are being informed by submissions received during the public consultation that accompanied the White Paper. These submissions are currently being considered by the Commission and legislative proposal are expected during the first half of 2021 COM (20) 254 Proposal for a Council Decision on the Trade Policy 01/12/2020 All Member State delegations agreed, via a written conclusion of the agreement amending the procedure (initiated by CM 4580/20) which Interim Partnership Agreement between the Agreed – no concluded on the 18th November 2020, to forward European Community, of the one part, and further the draft Council Decision set out in documents ST the Pacific States, of the other part, to take scrutiny 11657/20 INIT and ST 11669/20 INIT to the account of the accession of the Independent required European Parliament for its consent. State of Samoa and of future accessions of other Pacific Island States COM (20) 267 Proposal for a Council Decision on the Trade Policy 01/12/2020 Adopted by Council on 24/07/2020 and published position to be taken on behalf of the in the Official Journal of the European Union on European Union in the Joint Committee Agreed – no 29/07/2020. established by the Agreement between the further Council Decision (EU) 2020/1115 of 24 July 2020, European Community, of the one part, and scrutiny OJ L 244 page 16 the Government of Denmark and the Home required Government of the Faroe Islands, of the other part, as regards the adoption of the amendments to Protocols 1 and 4 to the Agreement

COM (20) 273 Proposal for a Council Decision on the 01/12/2020 Adopted by the Foreign Affairs Council on the 7th position to be taken, on behalf of the Trade Policy December 2020. European Union, in the Trade Committee Unit Agreed- no established under the Interim Partnership further Council Decision (EU) 2020/2060 of 7 December Agreement between the European scrutiny 2020. Community, of the one part, and the Pacific required OJ L 424, 15.12.2020, p. 23–24. States, of the other part, as regards the amendment to be made to the Agreement to No transposition required. take account of the accession of the Independent State of Samoa COM (20) 319 Proposal for a Council Decision Amending Not examined The proposed Council Decision has not yet been Decision 2003/76/EC establishing the Innovation, adopted. It is under consideration by the Council measures necessary for the implementation Research and preparatory body – the Research Working Party. of the Protocol, annexed to the Treaty Development establishing the European Community, on Policy the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel COM (20) 320 Proposal for a Council Decision amending Innovation, Not examined The proposed Council Decision has not yet been Decision 2008/376/EC on the adoption of Research and adopted. It is under consideration by the Council the Research Programme of the Research Development preparatory body – the Research Working Party. Fund for Coal and Steel and on the Policy multiannual technical guidelines for this programme

COM (20) 321 Proposal for a Council Decision amending Innovation, Not examined The proposed Council Decision has not yet been Decision 2003/77/EC laying down Research and adopted. It is under consideration by the Council multiannual financial guidelines for Development preparatory body – the Research Working Party. managing the assets of the ECSC in Policy liquidation and, on completion of the liquidation, the Assets of the Research Fund for Coal and Steel

COM (20) 355 Proposal for a Council Decision on the State Aid Not examined Council Decision adopted 16th November 2020 AIEM tax applicable in the Canary Islands COUNCIL DECISION (EU) 2020/1792 of 16th November 2020 OJ L 402 p. 13-20

No transposition required

COM (20) 295 Proposal for a Council Decision on the 01/12/2020 Adopted by the Foreign Affairs Council on 7th position to be taken on behalf of the Trade Policy December 2020. European Union in the Trade Committee Agreed - no established under the Interim Partnership further Council Decision (EU) 2020/2059 of 7 December Agreement between the European scrutiny 2020. Community, of the one part, and the Pacific required OJ L 424, 15.12.2020, p. 21–22. States, of the other part, as regards the amendment of certain provisions of No transposition required Protocol II concerning the definition of the concept of 'originating products' and methods of administrative cooperation COM (20) 374 Proposal for a Council Decision on the 01/12/2020 Adopted by the Foreign Affairs Council on 7th position to be adopted, on behalf of the Trade Policy December 2020. European Union, in the Trade Committee Agreed - no established under the Interim Partnership further Council Decision (EU) 2020/2061 of 7 December Agreement between the European scrutiny 2020. Community, on the one part, and the required OJ L 424, 15.12.2020, p. 25–26. Pacific States, on the other part, as regard the establishment of the Rules of Procedure No transposition required. of the Trade Committee and the Rules of Procedure of the Special Committees

COM (20) 472 Proposal for a Council Decision on the Safety Health 08/12/2020 This is now Directive (EU) 2020/1833, dated of2 position to be taken on behalf of the and Chemical October 2020 with a transposition date of 30 June European Union as regards the Policy Agreed - no 2021 amendments to the Annexes of the further European Agreement concerning the scrutiny International Carriage of Dangerous Goods required by Road (ADR) and to the Annexed Regulations to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)

COM (20) 496 Proposal for a Regulation of the European Trade Policy 08/12/2020 Adopted by Council and European Parliament on Parliament and of the Council on the 16 December 2020 and published in the Official elimination of customs duties on certain Agreed – no Journal of the European Union on 18th December products further 2020. scrutiny required Regulation (EU) 2020/2131 of The European Parliament and of The Council of 16th December 2020. OJ L 430, 18.12.2020, p. 1–4

No transposition Required COM (20) 569 Proposal for a Council Regulation on Innovation Not examined The proposal has not yet been adopted. It is under establishing the European High Research and consideration by the Council preparatory body – the Performance Computing Joint Undertaking Development Research Working Party. Policy

COM (20) 571 Proposal for a Directive of the European 03/11/2020 The proposal which has not yet been adopted, is due Parliament and of the Council amending Safety Health to be an AOB item at the EPSCO in March – Directive 2004/37/EC on the protection of and Chemical Agreed - no Information from the Presidency. workers from the risks related to exposure Policy further to carcinogens or mutagens at work. scrutiny required COM (20) 576 Proposal for a Council Decision on the 08/12/2020 All Member State delegations agreed, via a written signing, on behalf of the European Union, Trade Policy procedure (initiated by CM 4580/20) which and provisional application of the Agreed – no concluded on the 18th November 2020, to the Agreement amending the Interim further adoption of the Council Decision as set out in Partnership Agreement between the scrutiny documents ST 11656/20 INIT and ST 11669 INIT. European Community, of the one part, and required the Pacific States, of the other part, as Not yet published in the Official Journal of the regards the accessions of the Independent European Union. State of Samoa and the Solomon Islands, and of future accessions of other Pacific No transposition required. Island States COM (20) 633 Proposal for a Council Decision on the 08/12/2020 Adopted by the European Council on 30 November position to be taken, on behalf of the EU, in Trade Policy 2020 (via written procedure initiated by CM the Joint Council established under the Agreed – no 4939/20. Economic Partnership Agreement between further the European Union and its Member States, scrutiny Council Decision (EU) 2020/1831 of 30 November of the one part, and the SADC EPA States, required 2020. of the other part, as regards the adjustment OJ L 409, 4.12.2020, p. 36–37. of certain reference quantities contained in No transposition required. Annex IV of the EPA

COM (20) 678 Proposal for a Council Decision on the Trade Policy 08/12/2020 Adopted on 20th November 2020 by written position to be taken on behalf of the procedure as Council Decision (EU) 2020/1747. European Union in the Joint Committee Agreed-no established under the Agreement between further The Council Decision approves the position to be the European Union and Japan for an scrutiny taken by the EU at the Joint Committee established Economic Partnership regarding the required under the EU-Japan Economic Partnership. The amendment of Appendices 2-C-1 and 2-C- Joint Committee meets annually and has not met 2 to Annex 2-C on Motor Vehicles and since the Council decision was adopted. Parts

COM (20) 682 Proposal for a Directive of the European Labour 15/12/2020 The proposal is still being considered by the Social Parliament and of the Council on adequate Market & Questions Working Party. At this early stage of minimum wages in the European Union Skills Agreed - no negotiations it is not yet known when the proposal further may be adopted. scrutiny required

COM (20) 692 Proposal for a Regulation of the European 08/12/2020 Regulation (EU) 2020/2171 of the European Parliament and of the Council amending Trade Parliament and of the Council was adopted on 16 Council Regulation (EC) No 428/2009 by Licensing Agreed - no December 2020. As an EU Regulation, 2020/2171 granting a Union General Export further has direct effect in all Member States. Authorisation for the export of certain scrutiny dual-use items from the Union to the required United Kingdom of Great Britain and Northern Ireland

COM (20) 729 Proposal for a Council Decision on the Has yet to be Adopted by Council on 04/12/2020 and published position to be taken on behalf of the Trade Policy examined in the Official Journal of the European Union on European Union within the General 11/12/2020. Council of the World Trade Organisation Council Decision (EU) 2020/2026 of 4 December as regards the adoption of a decision 2020, OJ L 419 page 16 exempting certain purchases of foodstuffs from application of export prohibitions or restrictions COM (20) 708 Proposal for a Council Regulation Inward Not examined No further scrutiny required. Regulation came into amending Regulation (EU) No 1388/2013 Investment effect EU-wide on 1st January 2021. This opening and providing for the management regulation is updated twice a year – January and of autonomous tariff quotas of the Union July - to include new suspensions and delete old for certain agricultural and industrial ones and operates in tandem with 1388/2013. products

COM (2020) Proposal for a Council Regulation Inward Not examined No further scrutiny required. Regulation came into 737 amending Regulation (EU) No 1387/2013 Investment effect EU-wide on 1st January 2021. This suspending the autonomous Common regulation is updated twice a year – January and Customs Tariff duties on certain July - to include new quotas and delete old ones and agricultural and industrial products operates in tandem with 1387/2013.