IntroductionTheEuropean Councilis aninstitution of the European Union.( Not to be confused withCouncil of the European UnionorCouncil of Europe.) It comprises the heads of stateorheads of governmentof theEU member states, along withthe council's own Presidentand thePresident of the European Commission. The High Representative of the Union for Foreign Affairs and Security Policytakes part in its meetings. The European Council was established as an informal body in 1975; it became an official EU institution in 2009 when the Treaty of Lisbon entered into force.While the European Council has no formallegislativepower, it is charged under theTreaty of Lisbonwith defining "the general political directions and priorities" of the Union. It is thus the Union's strategic (and crisis solving) body, acting as the collective presidency of the EU. The European Council defines the general political directions and priorities but does not perform a legislative function. It consists of the heads of state or government of each Member State, the President of the European Council, the President of the European Commission and meets twice every 6 months. The European Council elects a President by a qualified majority for a term of 18 months with one succession term.Decisions are made by consensus. Although the European Council lacks any enumerated powers or specific authority, it exercises its influence by virtue of the fact that it is composed of the national leaders of the Member States The meetings of the European Council, commonly referred to asEU summits, are chaired by its president and take place at least twice every six months; usually in theJustus Lipsius building, the headquarters of theCouncil of the European Unionin Brussels.The TEU provides that "decisions of the European Council shall be taken by consensus" and also that the "Council shall act by aqualified majorityexcept where the Treaties provide otherwise." In this case, qualified majority is specified further in Article of theTEU:As from 1 November 2014, a qualified majority shall be defined as at least 55% of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65% of the population of the Union. A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.

HistoryThe first summits of EU heads of state or government were held in February and July 1961 (in Paris andBonnrespectively). They were informal summits of the leaders of theEuropean Communityand were started due to then-French PresidentCharles de Gaulle's resentment at the domination of supranational institutions (e.g. the European Commission) over the integration process, but petered out. The first influential summit held, after the departure of De Gaulle, wasThe Haguesummit of 1969, which reached an agreement on the admittance of the United Kingdom into the Community and initiated foreign policy cooperation (theEuropean Political Cooperation) taking integration beyond economics. The summits were only formalised in the period between 1974 and 1988. At the December summit in Paris in 1974, following a proposal from then-French presidentValry Giscard d'Estaing, it was agreed that more high level, political input was needed following the "empty chair crisis" and economic problems. The inauguralEuropean Council, as it became known, was held inDublinon 10 and 11 March 1975 during Ireland's first Presidency of theCouncil of Ministers. In 1987, it was included in the treaties for the first time (theSingle European Act) and had a defined role for the first time in theMaastricht Treaty. At first only two meetings per year were required, now there are on average six European Councils each year. Theseat of the Councilwas formalised in 2002, basing it in Brussels. In addition to usual European Councils, there are the occasional extraordinary meetings, as for example in 2001 when the European Council gathered to lead the EU's response to the11 September attacks.

How Is the EU Governed?The EU is governed by several institutions. They do not correspond exactly to the traditional branches of government or division of power in representative democracies. Rather, they embody the EUs dual supranational and intergovernmental character: The European Council acts as the strategic guide for EU policy. It is composed of the Heads of State or Government of the EUs member states and the President of the European Commission; it meets several times a year in what are often termed EU summits. The European Council is headed by a President, appointed by the member states to organize the Councils work and facilitate consensus. The European Commission is essentially the EUs executive and upholds the common interest of the EU as a whole. It implements and manages EU decisions and common policies, ensures that the provisions of the EUs treaties and rules are carried out properly, and has the sole right of legislative initiative in most policy areas. It is composed of 28 Commissioners, one from each country, who are appointed by agreement among the member states to five-year terms. One Commissioner serves as Commission President; the others hold distinct portfolios (e.g., agriculture, energy, trade). On many issues, the Commission represents the EU internationally and handles negotiations with outside countries. The Commission is also the EUs primary administrative entity. The Council of the European Union (also called the Council of Ministers) represents the 28 national governments. The Council enacts legislation, usually based on proposals put forward by the Commission, and agreed to (in most cases) by the European Parliament. Different ministers from each country participate in Council meetings depending on the subject under consideration (e.g., foreign ministers would meet to discuss the Middle East, agriculture ministers to discuss farm subsidies). Most decisions are subject to a complex majority voting system, but some areassuch as foreign and defense policy, taxation, or accepting new membersrequire unanimity. The Presidency of the Council rotates among the member states, changing every six months; the country holding the Presidency helps set agenda priorities and organizes most of the work of the Council. The European Parliament represents the citizens of the EU. The Parliament currently consists of 766 members who are directly elected for five-year terms. Each member state has a number of seats roughly proportional to the size of its population. Although the Parliament cannot initiate legislation, it shares legislative power with the Council of Ministers in many policy areas, giving it the right to accept, amend, or reject the majority of proposed EU legislation in a process known as the ordinary legislative procedure or co-decision. The Parliament also decides on the allocation of the EUs budget jointly with the Council. Members of the European Parliament (MEPs) caucus according to political affiliation, rather than nationality. A number of other institutions also play key roles in the EU. The Court of Justice interprets EU laws and its rulings are binding; a Court of Auditors monitors the EUs financial management; the European Central Bank manages the euro and EU monetary policy; and a number of advisory committees represent economic, social, and regional interests.

Key EU Positions and Current Leaders

The President of the European Council is Herman Van Rompuy, a former prime minister of Belgium. Appointed by the member states in 2009 initially, Van Rompuy is the first holder of this new position, which was created by the Lisbon Treaty. In June 2012, Van Rompuy was re-appointed to a second term, which will conclude in November 2014.The President of the European Commission is Jos Manuel Barroso, a former prime minister of Portugal. Barroso has served as Commission President since 2004, and is currently in his second five-year term, which will end in 2014.The Commission President and the other 27 Commissioners are appointed by agreement among the member states, subject to the approval of the European Parliament. Greece holds the Presidency of the Council of Ministers (often termed the EU Presidency) from January to June 2014; Italy will hold the Presidency from July to December 2014.Every two-and-a-half years (twice per each five-year parliamentary term) Members of the European Parliament (MEPs) elect the President of the European Parliament, currently German MEP Martin Schulz, of the center-left Progressive Alliance of Socialists and Democrats (S&D) parliamentary group. Elected in January 2012, Schulz replaces Polish MEP Jerzy Buzek, of the center-right European Peoples Party (EPP) group. Traditionally, the two largest parliamentary groups (currently the EPP and S&D) have agreed to split the position of President during each term.The High Representative of the Union for Foreign Affairs and Security Policy is Catherine Ashton of the United Kingdom. Ashton served previously as the European Commissioner for Trade. The High Representative is chosen by agreement among the member states but like the other members of the Commission, must also be approved by the European Parliament. Powers and functionsThe European Council is an officialinstitutionof the EU, mentioned by theLisbon Treatyas a body which "shall provide the Union with the necessary impetus for its development". Essentially it defines the EU's policy agenda and has thus been considered to be the motor ofEuropean integration. It does this without any formal powers, only the influence it has being composed of national leaders.Beyond the need to provide "impetus", the Council has developed further roles; to "settle issues outstanding from discussions at a lower level", to lead in foreign policy acting externally as a "collectiveHead of State", "formalratificationof important documents" and "involvement in the negotiation of thetreaty changes". Since the institution is composed of national leaders, it gathers the executive power of the member states and has thus a great influence in high profile policy areas as for exampleforeign policy. It also exercises powers of appointment, such as appointment ofits own President, thePresident of the European Commission, theHigh Representative of the Union for Foreign Affairs and Security Policy, and thePresident of the European Central Bank. Moreover, the European Council influences police and justice planning, the composition of the Commission, matters relating to the organisation of the rotating Council presidency, the suspension of membership rights, and changing the voting systems through thePasserelle Clause. Although the European Council has no direct legislative power, under the "emergency brake" procedure, a state outvoted in the Council of Ministersmay refer contentious legislation to the European Council. However, the state may still be outvoted in the European Council.Hence with powers over the supranational executive of the EU, in addition to its other powers, the European Council has been described by some as the Union's "supreme political authority". CompositionThe European Council consists of the heads of state or government of the member states, alongside its ownPresidentand the Commission President(non-voting). The meetings used to be regularly attended by the national foreign minister as well, and the Commission President likewise accompanied by another member of the Commission. However, since the Treaty of Lisbon, this has been discontinued, as the size of the body had become somewhat large following successive accessions of new Member States to the Union. Meetings can also include other invitees, such as the President of the European Central Bank, as required. TheSecretary-General of the Councilattends, and is responsible for organisational matters, including minutes. ThePresident of the European Parliamentalso attends to give an opening speech outlining theEuropean Parliament's position before talks begin. Additionally, the negotiations involve a large number of other people working behind the scenes. Most of those people, however, are not allowed to the conference room, except for two delegates per state to relay messages. At the push of a button members can also call for advice from a Permanent Representative via the "Antici Group" in an adjacent room. The group is composed of diplomats and assistants who convey information and requests. Interpreters are also required for meetings as members are permitted to speak in theirown languages. As the composition is not precisely defined, some states which have a considerable division of executive power can find it difficult to decide who should attend the meetings. While an MEP,Alexander Stubbargued that there was no need for the President of Finlandto attend Council meetings with or instead of thePrime Minister of Finland(who was head of European foreign policy). In 2008, having becomeFinnish Foreign Minister, Stubb was forced out of the Finnish delegation to the emergency council meeting on theGeorgian crisisbecause the President wanted to attend the high profile summit as well as the Prime Minister (only two people from each country could attend the meetings). This was despite Stubb being head of the Organisation for Security and Co-operation in Europeat the time which was heavily involved in the crisis. Problems also occurred in Poland where thePresident of Polandand thePrime Minister of Polandwere of different parties and had a different foreign policy response to the crisis.A similar situation arose in Romania betweenPresidentTraian Bsescuand Prime MinisterClin Popescu-Triceanuin 20072008 and again in 2012 with Prime MinisterVictor Ponta, who both opposed the president. Proposed Direct Trade Regulation (DTR)The European Commission considered it necessary to propose to the Council measures to facilitate direct trade between the TRNC and the Member States.77 The proposal would enable goods from the TRNC to enter other Member States with the Turkish Cypriot Chamber of Commerce issuing certificates of origin and subject to applicable EU safety and phytosanitary requirements. These goods would be exemptfrom any customs duties and tariffs. Once they entered a Member State, the goods would be community goods which means they would be like any other goods which are imported from one Member State into another Member State.The European Commission based the proposed direct trade regulation (referred to as the DTR) on the Common Commercial Policy of the EU which sets forth the rules under which the EU conducts external trade with non Member States.78 Cyprus objected to the Common Commercial Policy being the legal basis for the DTR on the grounds that the DTR must be adopted in a manner consistent with the Suspension Protocol.Cyprus argued that as a matter of process the DTR could be adopted only if the Council voted unanimously in favor of the DTR with no involvement at all of the European Parliament. In August 2004, the Legal Service of the Council opined that the DTR can only be adopted under the authority of and consistent with the Suspension Protocol. The Council took no further action with respect to the DTR. When the Treaty of Lisbon took effect in December 1, 2009, the issue of the DTR was revived. The amendments to the TFEU made the Common Commercial Policy subject to the ordinary legislative procedure.80 The Common Commercial Policy regulates trade between Member States and third countries.81 Secondary legislation arising under the Common Commercial Policy could be adopted by a qualified majority of the Council and a majority of the European Parliament.82 The European Commission submitted the DTR to the European Parliament under the ordinary legislative procedure. The Legal Affairs Committee of the European Parliament asked its LegalService for a legal opinion whether the legal basis for the DTR is the Common Commercial Policy or the Treaty of Accession. In October 2010, the Legal Service of the European Parliament agreed with Legal Service of the Council and opined that the Suspension Protocol is the proper legal basis for the DTR.83 On October 20, 2010, the Legal Committee of the European Parliament voted to accept the conclusion of the Legal service and report it to the Conference of Presidents. As of December 1, 2010, the Conference had the matter under advisement.

WILDLIFE TRADE REGULATIONS IN THE EUROPEAN UNION

CITES is one of the most important international conservation treaties. It regulates international trade in some 30 000 species of plants and animals through a system of certificates and permits. Species listed in CITES are accorded varying degrees of protection depending on their biological status and the impact that international trade may have upon this status. The countries that are signatories to the CITES treaty, known as CITES Parties, act together by prohibiting international commercial trade in an agreed list of species threatened with extinction which are or may be affected by trade. This list is known as Appendix I of the Convention. Trade is regulated through a permit system for specimens of species listed in Appendix II. These are species that may become threatened with extinction if trade is not strictly controlled. Appendix IIIincludes species subject to regulation within a particular Party and for which the co-operation of other Parties is needed to control trade.Although the EU is not yet a Party to CITES, all the provisions of CITES are implemented jointly in the EU through the EU Wildlife Trade Regulations: Council Regulation (EC) No. 338/97 and Commission Regulation (EC) No. 1808/2001. These two Regulations constitute one law for all EU Member States and regulate international, as well as internal, trade in wild animals and plants in the Union. The EU Regulations are directly applicable in all Member States and do not have to be transposed into national law. However, the necessary enforcement provisions, including the measures to penalise violations, must be transferred into national legislation and supplemented with national laws, as these are matters that remain under the sovereignty of each Member State, which must ensure that infractions are punished in an appropriate manner.The EU Wildlife Trade Regulations not only implement all the provisions of CITES and the bulk of currently applicable CITES Resolutions, but go beyond the requirements of the Convention in some respects.

The main differences between CITES and the EU Wildlife Trade Regulations

The EU regulations contain non-CITES-listed species. The EU regulations relate to four annexes, of which Annexes A, B and C largely correspond to Appendix I, II and III of CITES, but also contain some non-CITES-listed species. Annex D, for which there is no equivalent in CITES, contains species for which import levels are monitored. As with CITES, the EU regulations require import, export and re-export permits to authorize trade with non-EU countries in certain species listed in the annexes. However, the EU regulations have stricter import conditions than those imposed by CITES. Commercial imports of species in AnnexesA and B require permits from the country of origin or re-export and the country of destination. The importation of species listed in Annexes C and D must be registered at the point of entry into the EU. Some species that are listed in Appendix II of CITES are listed in Annex A of the EU Wildlife Trade Regulations. (Commercial trade in Annex-A specimens is generally prohibited.) Examples are the Spur-thighed Tortoise Testudo graeca, Hermanns Tortoise Testudo hermanni or the European Chameleon Chamaeleo chamaeleon. In total, this applies to some 104 animal species (plus all cetaceans) and 11 plant species. Exemptions to the ban on commercial trade for Annex-A specimens can be granted, for example, for captive-bred specimens, but only on a case-by-casebasis and special certificates (also called Article 10 certificates) have to be issued before an Annex-A specimen can be sold (see also below). Regulation (EC) 338/97 authorizes the EU to suspend imports of species from particular exporting countries, even if trade is allowed under CITES. Currently, this affects some 900 species and country combinations.

THE ALLOCATION OF SOVEREIGN POWER IN THE EUThe EU is allocated only the powers and authorities which the Member States have conferred on the EU. Such powers and authorities are referred to as competences.The amendments made by the Treaty of Lisbon set forth the following categories of competences: Exclusive CompetenceThe EU can enact laws that are binding on the Member States without the consent or approval of any Member State in the following policy areas:1. Customs Union2. Anti-trust3. Monetary policies for the Euro Group4. Marine biological conservation5. Commercial policyAny act of the EU in a policy area of exclusive competence is subject to the principle of proportionality which means that the nature and scope of any such act must be calculated only to achieve a treaty purpose Competence Shared with Member StatesThe Member States may act in the following policy areas. However, if the EU acts in any of these policy areas, then the Member States are precluded from acting unless the EU ceases to act in any area in which it has already acted:1. Internal market2. Social policy in the areas set forth in the TFEU3. Agriculture and fisheries4. Energy5. Health, safety security and justice6. Consumer protection7. TransportationAny act of the EU in a policy area of shared competence is subject to the principle ofsubsidiarity which means that an act by EU must be more effective than an act in the same policy area by a Member State.20 Complementary CompetenceThe EU may act to support, coordinate and supplement the acts of the Member States in the following policy areas. However, the EU cannot preclude or force the Member States to harmonize their acts.1. Health2. Industry3. Culture and tourism4. Education and sportsFlexibility ClauseThe EU may act in a policy area, except foreign policy and defense, if no Treatyprovision confers a power or competence on the EU as long as such act is necessary toachieve an objective of the Treaties .

European CommissionThe European Commission performs the executive function of the EU. It consists of one commissioner from each Member State. The commissioners are charged with pursuing the interests of the EU and not the interests of their respective Member States. Each commissioner is appointed by the European Council. The Commissionserves a term of five years. The President of the Commission is nominated by the European Council and approved by the Parliament. The Commission functions through a series of directorates, each of which has a designated policy subject matter.The Commission exercises the following powers:

1. Except for instances in which the national legislatures of the Member States may cause the European Commission to reconsider a legislative proposal and refer the issue to the Council and the European Parliament, initiates legislation which is forwarded to the Council and the Parliament but does not vote on the legislation,2. Implements the budget of the EU,3. Enforces compliance with the EU Treaties by Member States, other EU institutions and citizens and represents the EU in legal proceedings,4. Represents the EU in negotiations with non-Member States, and5. Enacts laws which involve monopolies and concessions granted to companies by Member States and certain rights of workers.

Defense Trade Controls - Applying for a LicenseGenerally, any person or company who intends to export a defense article,technical data, provide defense services or engage in brokering must obtain the approval from the Directorate of Defense Trade Controls (DDTC) prior to the export. You can submit and applyvia the websitefor certain of the preceding authorizations.Defense Trade Information CenterTheDefense Trade Information Centerprovides the Electronic Licensing System to U.S. persons who seek to export defense articles or defense services regulated by the ITAR.ComplianceTo ensurecompliance with U.S. export lawand regulations, the DDTC strongly advises that registered exporters and manufacturers have in place programs that assist in monitoring defense trade activities. These programs should include a manual that articulates the company's policy on and commitment to compliance with defense trade laws and regulations, and that outlines the procedures for dealing with licensing and compliance matters. Such a manual should also include the identification and duties of empowered and responsible persons, and procedures on record keeping and internal auditing.Commodity JurisdictionAn exporter should request a commodity jurisdiction (CJ) determination to resolve any uncertainty regarding the export licensing jurisdiction of an item or service. A CJ is used to determine whether an item or service is subject to the export licensing authority of BIS or DTC.Response TeamTheDDTC Response Teamprovides responses to the full range of defense trade inquiries, and can significantly facilitate your defense trade solutions while affording licensing and other officers in DDTC more time for casework. By handling telephone calls from industry and the public, it supports the work of licensing and compliance officers by allowing them to focus on their core activities.Section 655 Annual Military Assistance Reportsare provided to Congress and show for a fiscal year the aggregate dollar value and quantity of defense articles and defense services authorized as direct commercial sales to each foreign country. Note that these reports do not cover defense articles and services that are provided via theForeign Military Sales (FMS) program.To contact the DDTC and for assistance in helping companies comply with U.S. export law and regulations, contact The DDTC Response Team.

Direct Trade coffeeWhat is Direct Trade coffee?Direct trade is a term used by coffee roasters who buy straight from the growers, cutting out both the traditional middleman buyers and sellers and also the organizations that control certifications such asFair TradeandBird Friendly, for example. Direct trade proponents say their model is the best because they build mutually beneficial and respectful relationships with individual producers or cooperatives in the coffee-producing countries. Some roasters do it because they are dissatisfied with the third-party certification programs, while others want to have more control over aspects ranging from the quality of the coffee, to social issues, or environmental concerns.Some roasters use "direct trade" in more specific ways. The Chicago-based company Intelligentsia, which roasts coffee and sells it by mail, in addition to operating coffee shops, has trademarked the term Intelligentsia Direct Trade to promote its direct business relationships with growers. Counter Culture Coffee, another roaster, established in 2008 what it calls Counter Culture Direct Trade Certification. Like Fair Trade, Counter Culture sets a minimum price it pays, but it also establishes a quality standard. Also, unlike the Fair Trade certification, Counter Culture does not require growers to be part of a cooperative, a requirement that rankles some independent-minded, successful growers.

Environmental standards-Intelligentsia says it examines farms to ensure that "healthy environmental practices" are followed. Inspections address such issues as use of herbicides and pesticides, disposal of wastewater, and maintenance of forest cover.With that flexibility also comes fuzziness. While other standards may spell out exact requirements for buffer zones and percentage of forest cover, Intelligentsia specifically says its standards are "not dogmatic" and recognize the need for different standards in different growing environments. As a result, some Intelligentsia Direct Trade coffees may be organic, but others are not.In the case of Counter Culture Coffee Direct Trade Certification, environmental standards are not among the four criteria outlined in the program.

The fight against cigarette smuggling and other forms of illicit trade in tobacco products in the EU

INVITES THE MEMBER STATES AND THE COMMISSION To take the necessary measures to improve the operational capability to detect illegally traded tobacco products, notably by improving risk management, as indicated in the Council Conclusions on strengthening the security of the supply chain and customs risk management; To take the necessary measures to further improve investigations both at national and EU level and to improve the coordination in the field of customs law enforcement (including OLAF, DG TAXUD, Europol, and Eurojust within their competence in the fight against illegally traded tobacco products). These measures also need to address the significant dangers that are posed by the role played by organised crime groups in the illicit tobacco trade, and therefore include effective action to fight corruption; To agree on targeted operational customs and excise fraud related actions for the coming years and to ensure their effective execution taking into account in particular the Commission Communication and the Action Plan accompanying it, the MASP for the EU crime priority "MTIC/Excise fraud" and the OAPs implementing it; To participate, where possible, in customs and excise fraud related actions organised by international organisations, e.g. the World Customs Organisation; To discourage people from purchasing illicit tobacco products by raising awareness about the risks associated with it; To engage the necessary efforts in close cooperation with relevant EU institutions, bodies, offices and agencies to encourage the main source or transit countries outside the EU also ratify and implement the FCTC Protocol, and take all measures to reduce to a minimum the scope for smuggling and diversion of tobacco products; To engage the necessary efforts to improve the international cooperation of relevant EU institutions, bodies, offices and agencies and national law enforcement authorities to enable an effective fight against international criminal networks; To take the necessary measures, where appropriate, to ensure that the illicit trade in tobacco products is treated as part of the global tax fraud issue to be addressed across all international fora dealing with global tax issues, including the OECD and the G8 and G20 groups of countries; To cooperate with relevant international organizations and to combine efforts, available expertize, and to enhance efficient use of relevant existing systems/data bases.

Conclusion

The Council adopted the following conclusions: THE COUNCIL OF THE EUROPEAN UNION TAKING INTO ACCOUNT the important negative financial impact estimated annually at over 10 billion euro of this illicit trade on the budget of the EU and the Member States; and also the considerable negative impact on health protection, especially of vulnerable groups such as young people; TAKING INTO ACCOUNT the fact that organised criminal groups are increasingly active in cigarette smuggling; NOTING the international dimension of the illicit trade; NOTING the strategic importance of certain regions and countries in this trade; RECALLING the Protocol to eliminate illicit trade in tobacco products adopted in November 2012 by the fifth Conference of the Parties to the WHO Framework Convention on Tobacco Control in Seoul, the Republic of Korea;

References

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