COUNCIL OF THE EUROPEAN UNION latest

11/11/2016

	Foreign Affairs Council, 14-15/11/2016
	Background brief - Foreign Affairs Council (including defence issues), 14-15/11/2016

11/11/2016

	Schengen: Council recommends prolongation of internal border controls
	On 11 November 2016, the Council adopted an implementing decision setting out a recommendation allowing for the prolongation of temporary internal border controls in exceptional circumstances.  "Our ultimate objective is to get back to Schengen as soon as possible," Robert Kaliňák, Slovak Interior Minister and the President of the Council, stressed. "Although we are not there yet, the situation is improving. The prolongation will therefore be for three months only, and there will be more intensive reporting obligations compared to the previous period."  Starting from the date of the adoption, Austria, Germany, Denmark, Sweden and Norway should prolong proportionate temporary border controls for a maximum period of three months at the following internal borders:  Austria at the Austrian-Hungarian land border and Austrian-Slovenian land border; Germany at the German-Austrian land border; Denmark in the Danish ports with ferry connections to Germany and at the Danish-German land border; Sweden in the Swedish harbours in the Police Region South and West and at the Öresund bridge; Norway in the Norwegian ports with ferry connections to Denmark, Germany and Sweden. Before prolonging such controls, the member states concerned should exchange views with the relevant member state(s) with a view to ensuring that internal border controls are carried out only where it is considered necessary and proportionate. They should also ensure that internal border controls are only carried out as a last resort when other alternative measures cannot achieve the same effect.    The member states concerned should notify the other member states, the European Parliament and the Commission accordingly.  Border controls should be targeted and limited in scope, frequency, location and time, to what is strictly necessary to respond to the serious threat and to safeguard public policy and internal security resulting from the secondary movements of irregular migrants.  The member states that carry out these controls should review each week whether they are still necessary and adjust them to the level of the threat, phasing them out wherever appropriate. They should report to the Commission every month. Trade defence instruments and new anti-dumping methodology  Main results Ministers discussed the Commission proposal for a modernisation of the EU's trade defence instruments. The discussion focused on the lesser duty rule on the basis of a compromise paper presented by the presidency. In general, ministers expressed their willingness to find a compromise on all aspects of the modernisation of trade defence instruments before the end of the year, as mandated by the European Council. “Our job is to find a quick and solid solution, which will help EU producers cope with unfair competition and practices. I think it is fair to say that we have moved a step closer to a possible agreement by the end of this year, as mandated by our leaders at the October summit. This is the presidency's intention.” Peter Žiga, Slovak minister in charge of trade and president of the Council Ministers also took note of the Commission proposal for a new anti-dumping methodology and according to Mr. Žiga, the Council is set to deal with it in a speedy manner. This proposal would not grant market economy status to any country. It would be country neutral and could be applied equally to all members of the World Trade Organisation. The Council agreed to continue discussions at technical level. Commission proposal for the modernisation of trade defence instruments, 2013 Commission proposal on a new anti-dumping and anti-subsidies methodology, 9 November 2016 WTO: follow up to Nairobi conference  The Council discussed the post-Nairobi process, focusing in particular on a possible package for the 11th WTO ministerial conference, scheduled for 2017.  The approach of the Commission includes several areas of focus such as fisheries subsidies, transparency and good regulatory practices, domestic regulation in services, e-commerce and agricultural domestic support.  The Commission also presented the state of play of negotiations on a trade in services agreement (TiSA) and an environmental goods agreement (EGA). Bilateral trade negotiations  The Council reviewed developments in negotiations on TTIP, the transatlantic trade and investment partnership with the United States, particularly in the light of the US elections. “The next steps in these negotiations will need to be assessed once the new US administration is in place.” Peter Žiga, Slovak minister in charge of trade and president of the Council The Commission also briefed ministers on the state of play of negotiations with Japan and Mercosur. EU trade agreements Signature of the accession of Ecuador to the EU-Colombia/Peru trade agreement  The EU, its member states, Ecuador, Colombia and Peru signed the protocol of accession of Ecuador to the EU's free trade agreement with Colombia and Peru.  The common goal is to finalise all the remaining procedural steps before the end of the year so as to allow for provisional application to begin on 1 January 2017. “This is another piece of good news after the recent CETA signature. It proves that the EU delivers in its key policy area of free and fair trade - actions speak louder than words.”  Peter Žiga, Slovak minister in charge of trade and president of the Council  Ecuador joins the EU's trade agreeme