COUNCIL RECOMMENDATION

of 14 May 2019

assessing the progress made by the participating Member States to fulfil commitments undertaken in the framework of permanent structured cooperation (PESCO)

(2019/C 166/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 46(6) thereof,

Having regard to Protocol No 10 on permanent structured cooperation established by Article 42 of the Treaty on European Union, attached to the Treaty on European Union and to the Treaty on the Functioning of the European Union,

Having regard to Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining the list of participating Member States (1),

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	Point (d) of Article 4(2) of Decision (CFSP) 2017/2315 provides that the Council is to adopt decisions and recommendations assessing the contributions of participating Member States to fulfil the agreed commitments, according to the mechanism described in Article 6 of that Decision.

(2)

Article 6(3) of Decision (CFSP) 2017/2315 provides that, on the basis of the annual report on PESCO presented by the High Representative of the Union for Foreign Affairs and Security Policy (High Representative) to the Council, the Council is to review once a year whether the participating Member States continue to fulfil the more binding commitments referred in Article 3 of that Decision.

(3)

Paragraph 15 of the Council Recommendation of 6 March 2018 concerning a roadmap for the implementation of PESCO (2) provides that the High Representative should present her first annual report in April 2019 or at least prior to the relevant Foreign Affairs Council in the first semester of the year so as to take into account updated national implementation plans presented by participating Member States by 10 January 2019. Paragraph 16 of that Recommendation specifies that the Military Committee of the European Union (EUMC) should provide the Political and Security Committee (PSC) with military advice and recommendations to enable it to prepare the Council's review on whether the participating Member States continue to fulfil the more binding commitments, by May each year.

(4)

Paragraph 26 of the Council Recommendation of 15 October 2018 concerning the sequencing of the fulfilment of the more binding commitments undertaken in the framework of permanent structured cooperation (PESCO) and specifying more precise objectives (3) provides that the High Representative should take that Recommendation into account in the annual report on PESCO, which will support the assessment of the fulfilment of the more binding commitments by each participating Member State.

(5)	On 19 November 2018, the Council adopted Decision (CFSP) 2018/1797 (4) amending and updating Decision (CFSP) 2018/340 establishing the list of projects to be developed under PESCO.

(6)	On 22 March 2019, the High Representative provided to the Council her annual report on the status of PESCO implementation, including on the fulfilment, by each participating Member State, of its commitments, in accordance with its updated and reviewed national implementation plans.

(7)	On that basis, the Council should therefore adopt a Recommendation assessing the progress made by the participating Member States to fulfil commitments undertaken in the framework of PESCO,

HAS ADOPTED THIS RECOMMENDATION:

I.   Objective and scope

1.

The objective of this Recommendation is to assess the contributions made by the participating Member States (pMS) to fulfil the more binding commitments undertaken in the framework of permanent structured cooperation (PESCO), based on the Annual Report on the Status of PESCO Implementation presented by the High Representative on 22 March 2019 (Annual Report), using the information provided by the pMS in their national implementation plans (NIPs).

2.	This Recommendation also takes into account the reports of the pMS to the Council on the progress made towards the implementation of PESCO projects in 2018 and the report on the initial lessons identified on PESCO projects prepared by the PESCO secretariat.

II.   Findings and assessment

3.	The High Representative's first Annual Report is welcomed as a solid basis for the Council to assess the status of PESCO implementation, including the fulfilment by each pMS of its commitments.

4.

Coherence should be ensured between PESCO, the Coordinated Annual Review on Defence (CARD), the European Defence Industrial Development Programme (EDIDP) and the prospective European Defence Fund (EDF), as well as other EU defence initiatives, in order to contribute to the achievement of the Union's level of ambition in the area of security and defence. In this context, it is recalled that the High Representative/Vice President/Head of the European Defence Agency (EDA) was invited to continue promoting further synergies and coherence among EU defence initiatives, in close consultation with the Member States.

5.

By their current and future efforts, the pMS demonstrate their contribution to the fulfilment of the 20 more binding commitments agreed under PESCO and make further steps towards the achievement of the Union's level of ambition in the area of security and defence, thereby enhancing both the Union's capacity to act as a security provider and its strategic autonomy, and strengthening its ability to cooperate with partners and to protect its citizens.

6.	As Member States only have a ‘single set of forces’ which they can use within different frameworks, the development of Member States' capabilities within the EU framework will also help to strengthen capabilities potentially available to the United Nations and NATO.

7.

With a view to providing guidance for the further implementation of PESCO in this first phase, the Council underlines that, overall, pMS: (a) have made progress in terms of the commitments related to defence budgets and joint defence investment. This should be sustained and, where necessary, further reinforced in the coming years in line with the more precise objectives; (b) have started using EU tools, initiatives and instruments in national defence planning, such as the revised Capability Development Plan (CDP), the CARD and the EDIDP, and have started preparing for the EDF in 2021-2027. The pMS are encouraged to step up their efforts to further address the more binding commitments in the respective areas, in particular by making best use of EU tools, initiatives and instruments in their national defence planning processes. In this context, the coherence of output between the CARD and the CDP on the one hand, and respective NATO processes such as the NATO Defence Planning Process (NDPP) on the other, has been and will continue to be ensured where requirements overlap, while recognising the different nature of the two organisations and their respective responsibilities; (c) are invited to make significant progress in fulfilling the more binding commitments related to bringing their respective defence apparatus into line with each others', in particular to strengthen collaborative capability development in accordance with the CDP and its relevant strategic context cases (SCCs) currently being developed, while recognising that this requires a sustained longer term effort; (d) are encouraged in line with the more binding commitments and the Council Recommendation of 15 October 2018 on the sequencing of the fulfilment of the more binding commitments and specifying more precise objectives: to continue their positive efforts to enhance interoperability and flexibility of their forces; to make further substantial efforts as regards the commitments related to strengthening the availability and deployability of forces including by more systematically filling the EU battlegroup roster in particular to overcome existing gaps, the rapid response database and the statements of requirements for common security and defence policy (CSDP) missions and operations; and to further optimise multinational structures and strive for an ambitious approach to common funding of military CSDP operations and missions; and (e) need to make significant progress to address capability shortcomings and priorities identified under the CDP, including the effective delivery of the high impact capability goals (HICGs), and in considering a collaborative approach as a priority in national planning, also with a view to fulfilling the commitments related to taking part, where appropriate, in major joint or European equipment programmes in the framework of the EDA, and making a positive impact on the European Defence Technological and Industrial Base (EDTIB). In this regard, pMS are further encouraged to provide the necessary elements allowing for a meaningful assessment of the fulfilment of the commitments in this area, including on how the capability development projects of the pMS strengthen the EDTIB.

III.   National implementation plans

8.

In order to facilitate the assessment of the implementation of the commitments, as presented in the NIPs, and to better identify the emerging trends in the different areas, the pMS are encouraged to further increase the quality and the granularity of the information provided in their NIPs, by implementing the Council Recommendation of 15 October 2018 on the sequencing of the fulfilment of the more binding commitments and specifying more precise objectives. This applies in particular to providing forward-looking plans wherever possible.

9.

The pMS are encouraged to continue to engage in bilateral dialogues with the PESCO secretariat on the review and update of their future NIPs. The pMS should, supported by the PESCO secretariat, continue to ensure transparency among themselves and further develop coherence and consistency in relation to the information required and provided in the context of PESCO and other defence-related initiatives, including the CARD. The PESCO secretariat is encouraged to further develop ways to adequately support the pMS.

IV.   PESCO projects

10.

In light of the reports to the Council on the progress made towards the implementation of PESCO projects, the pMS are encouraged to advance the work and focus on the swift and effective implementation of the projects in which they participate in order to deliver tangible outputs and products, with a view to fulfilling the more binding commitments.

11.

Taking into account the lessons identified, starting with the next round of calls for PESCO project proposals with a view to updating Decision (CFSP) 2018/1797, the pMS, supported by the PESCO secretariat, are invited to notably: (a) respond to the full range of EU capability development priorities identified in the CDP, including the HICGs, the SCCs once agreed by EDA participating Member States and take into account the findings of the CARD; (b) develop projects that aim to exploit cooperation between existing military capabilities, and make these capabilities available for missions and operations; (c) jointly submit project proposals by at least two pMS which should be assessed on, amongst other criteria, the level of maturity of the project proposal and an initial overview of its financial and other necessary resources. The PESCO secretariat is invited to present further refined project assessment criteria before the next call for projects.

12.

After 2019, with a view to ensuring better coherence and synchronisation of EU defence initiatives and focusing on more substantiated projects, the next call for PESCO projects would take place in 2021 without prejudice to future decision-making. Based on further lessons identified, the pMS will then consider the option of moving to a biennial process. It is recalled that project members have the possibility to involve the Commission, as appropriate, in the proceedings of the project, in line with the governance rules for PESCO projects.

V.   Way forward

13.

The pMS are invited to review their NIPs with a view to updating them, as appropriate, in line with the Council Recommendation of 15 October 2018 concerning the sequencing of the fulfilment of the more binding commitments and specifying more precise objectives and taking into account the findings and recommendations of the Annual Report, and to present them by 10 January 2020.

14.

In addition to describing the status of PESCO implementation, including the fulfilment by each pMS of its commitments in accordance with its NIP, the High Representative is invited to also provide in the 2020 annual report first proposals with a view to the strategic review process at the end of the first PESCO phase (2018-2020), taking into consideration other relevant EU initiatives contributing to the fulfilment of the Union's level of ambition in the area of security and defence.

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(1)  OJ L 331, 14.12.2017, p. 57.

(2)  OJ C 88, 8.3.2018, p. 1.

(3)  OJ C 374, 16.10.2018, p. 1.

(4)  Council Decision (CFSP) 2018/1797 of 19 November 2018 amending and updating Decision (CFSP) 2018/340 establishing the list of projects to be developed under PESCO (OJ L 294, 21.11.2018, p. 18).

Non-opposition to a notified concentration

(Case M.9351 — DIF/Green Investment Group/Covanta/Dublin Waste-to-energy facility)

(Text with EEA relevance)

(2019/C 166/02)

On 7 May 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

—	in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

—	in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9351. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

Euro exchange rates (1)

14 May 2019

(2019/C 166/03)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1226
JPY	Japanese yen	123,00
DKK	Danish krone	7,4691
GBP	Pound sterling	0,86723
SEK	Swedish krona	10,7790
CHF	Swiss franc	1,1307
ISK	Iceland króna	137,80
NOK	Norwegian krone	9,7990
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	25,751
HUF	Hungarian forint	324,23
PLN	Polish zloty	4,3061
RON	Romanian leu	4,7615
TRY	Turkish lira	6,7732
AUD	Australian dollar	1,6162
CAD	Canadian dollar	1,5117
HKD	Hong Kong dollar	8,8112
NZD	New Zealand dollar	1,7056
SGD	Singapore dollar	1,5366
KRW	South Korean won	1 333,20
ZAR	South African rand	15,9746
CNY	Chinese yuan renminbi	7,7252
HRK	Croatian kuna	7,4113
IDR	Indonesian rupiah	16 199,12
MYR	Malaysian ringgit	4,6818
PHP	Philippine peso	58,898
RUB	Russian rouble	73,2104
THB	Thai baht	35,362
BRL	Brazilian real	4,4743
MXN	Mexican peso	21,5178
INR	Indian rupee	79,0375

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(1)  Source: reference exchange rate published by the ECB.

Notice of the impending expiry of certain anti-dumping measures

(2019/C 166/04)

1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

4.   This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council.

Product	Country(ies) of origin or exportation	Measures	Reference	Date of expiry (3)
Welded tubes and pipes of iron or non-alloy steel	Belarus, Russia and the People’s Republic of China	Anti-dumping duty	Commission Implementing Regulation (EU) 2015/110 of 26 January 2015 imposing a definitive anti-dumping duty on imports of certain welded tubes and pipes of iron or non-alloy steel originating in Belarus, the People’s Republic of China and Russia and terminating the proceeding for imports of certain welded tubes and pipes of iron or non-alloy steel originating in Ukraine following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 20, 27.1.2015, p. 6)	28.1.2020

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(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight of the day mentioned in this column

Prior notification of a concentration

(Case M.9372 — EPH/AES Ballylumford/AES Kilroot Power)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 166/05)

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

INFORMATION NOTICE — PUBLIC CONSULTATION

Geographical indication from Georgia

(2019/C 166/06)

In the context of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, and Georgia (1), the protection in the European Union, as geographical indication, of the Georgian name set out below is under consideration.

The Commission invites any Member State or third country or any natural or legal person having a legitimate interest, resident or established in a Member State or in a third country, to submit opposition to such protection by lodging a duly substantiated statement.

Statements of opposition must reach the Commission within one month of the date of this publication. Statements of opposition should be sent to the following email address:

AGRI-A5-GI@ec.europa.eu

Statements of opposition shall be examined only if they are received within the time-limit set out above and if they show that the protection of the name proposed would:

(a)	conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product;

(b)

be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (2), or contained in the agreements the Union has concluded with the following countries: — Korea (3) — Central America (4) — Colombia, Peru and Ecuador (5) — Montenegro (6) — Bosnia and Herzegovina (7) — Serbia (8) — Moldova (9) — South Africa (10) — CARIFORUM (11) — Ukraine (12) — Switzerland (13) — Armenia (14) — Australia (15) — Chile (16) — Canada (17) — United States (18) — Albania (19)

(c)	in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product;

(d)	jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice;

(e)	or if they can give details from which it can be concluded that the name for which protection is considered is generic.

The criteria referred to above shall be evaluated in relation to the territory of the Union, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected.

Geographical Indication

Name to be protected in Georgian characters	Transcription in Latin characters/ Translation in English	Type of product
	Khashmis Saperavi/Khashmi Saperavi	Wine

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(1)  OJ L 261, 30.8.2014, p. 4.

(2)  OJ L 347, 20.12.2013, p. 671.

(3)  Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1).

(4)  Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (OJ L 346, 15.12.2012, p. 3).

(5)  Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (OJ L 354, 21.12.2012, p. 3), and Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, p. 3).

(6)  Council Decision 2007/855/EC of 15 October 2007 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Montenegro, of the other part (OJ L 345, 28.12.2007, p. 1).

(7)  Council Decision 2008/474/EC of 16 June 2008 on the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part – Protocol 6 (OJ L 169, 30.6.2008, p. 10).

(8)  Council and Commission Decision 2013/490/EU, Euratom of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement matters between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).

(9)  Council Decision 2013/7/EU of 3 December 2012 on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (OJ L 10, 15.1.2013, p. 1).

(10)  Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (OJ L 250, 16.9.2016, p. 3).

(11)  Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (OJ L 289, 30.10.2008, p. 3).

(12)  Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014, p. 3).

(13)  Decision of the Council, and of the Commission 2002/309/EC as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation, and in particular the Agreement between the European Community and the Swiss Confederation on trade in Agricultural products (OJ L 114, 30.4.2002, p. 132).

(14)  Comprehensive And Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (OJ L 23, 26.1.2018, p. 4).

(15)  Council Decision 2009/49/EC of 28 November 2008 concerning the conclusion of an Agreement between the European Community and Australia on trade in wine (OJ L 28, 30.1.2009, p. 1).

(16)  Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (OJ L 352, 30.12.2002, p. 1).

(17)  Council Decision 2004/91/EC of 30 July 2003 on the conclusion of the Agreement between the European Community and Canada on trade in wines and spirit drinks (OJ L 35, 6.2.2004, p. 1).

(18)  Council Decision 2006/232/EC of 20 December 2005 on the conclusion of the Agreement between the European Community and the United States of America on trade in wine (OJ L 87, 24.3.2006, p. 1).

(19)  Council Decision 2006/580/EC of 12 June 2006 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part – Protocol 3 on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine, spirit drinks and aromatised wine names (OJ L 239, 1.9.2006, p. 1).

Corrigendum to the Statement of revenue and expenditure of the European Securities and Markets Authority (ESMA) for the financial year 2018 — amending budget No 1

( Official Journal of the European Union C 19 of 15 January 2019 )

(2019/C 166/07)

On page 3, in column ‘Appropriations 2018’:

—	row ‘Chapter 4 0’:

for:

read:

—	row ‘Title 4 — Total’:

for:

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—	row ‘GRAND TOTAL’:

for:

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On page 3, in column ‘New amount’:

—	row ‘Chapter 4 0’:

for:

read:

—	row ‘Title 4 — Total’:

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—	row ‘GRAND TOTAL’:

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