# EUR-Lex - 52014PC0295 - EN

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# 52014PC0295

**Proposal for a COUNCIL DECISION on a position to be taken by the European Union within the Sub-committee on Sanitary and Phytosanitary measures set up by the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, as regards the adoption of its Rules of Procedure /* COM/2014/0295 final - 2014/0153 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Trade Agreement between the European Union
and its Member States, of the one part, and Colombia and Peru, of the other part was signed on 26 June 2012, and has been provisionally applied since 1 March
2013 with Peru, and since 1 August 2013 with Colombia.

Article 103 of the Agreement establishes a
Sub-committee on Sanitary and Phytosanitary Measures (the “SPS Sub-committee”),
which shall ensure and monitor the implementation of Chapter 5 of the Trade Agreement,
which relates to Sanitary and Phytosanitary measures, and consider any matter
that could affect compliance with the provisions of this Chapter. The SPS
Sub-committee shall adopt its working procedures at its first meeting.

The attached draft Council decision constitutes
the proposal for a legal act approving the position to be taken by the European
Union in the SPS Sub-committee, to adopt its Rules of Procedure.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES

The Rules of Procedure for the SPS Sub-committee
have been previously discussed with Colombia and Peru and have been the subject
of a preliminary agreement in the framework of the preparation of the first SPS
Sub-committee for the implementation of the Agreement. These Rules of Procedure
should be now submitted to the internal procedures of the Parties for the final
agreement.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 218(9) thereof, the Commission
is submitting a proposal to the Council for a decision on establishing the
position to be adopted on the Union’s behalf in the SPS Sub-committee set up by
this Trade Agreement.

2014/0153 (NLE)

Proposal for a

COUNCIL DECISION

on a position to be taken by the European
Union within the Sub-committee on Sanitary and Phytosanitary measures set up by
the Trade Agreement between the European Union and its Member States, of the
one part, and Colombia and Peru, of the other part, as regards the adoption of
its Rules of Procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 218(9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 19 January 2009, the
Council authorised the Commission to negotiate a multiparty trade agreement on
behalf of the European Union and its Member States with the Member countries of
the Andean Community.

(2)       These negotiations have
been concluded and the Trade Agreement between the European Union its Member
States, of the one part, and Colombia and Peru, of the other part was signed on
26 June 2012.

(3)       Pursuant to its Article
330(3), the Trade Agreement has been provisionally applied with Peru since 1 March 2013, and with Colombia since 1 August 2013, subject to its conclusion at a later
date.

(4)       Article 103 of the
Agreement establishes a Sub-committee on Sanitary and Phytosanitary Measures
(“SPS Sub-committee”), which shall ensure and monitor the implementation of
Chapter 5 of the Trade Agreement, relating to Sanitary and Phytosanitary
measures, and consider any matter that could affect compliance with the
provisions of this Chapter. The SPS Sub-committee shall adopt its working
procedures at its first meeting.

(5)       The Union should determine
the position to be taken as regards the adoption of the Rules of Procedure of
the SPS Sub-committee,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union in the Sub-committee on Sanitary and Phytosanitary measures (“SPS
Sub-committee”), set up by the Trade Agreement between the European Union and
its Member States, of the one part, and Colombia and Peru, of the other part,
as regards the adoption of the Rules of Procedure of the SPS Sub-committee,
shall be based on the draft Decision of the EU-Colombia-Peru SPS Sub-committee annexed
to this Council Decision.

Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the SPS Sub-committee, without
further decision of the Council.

Article 2

After its adoption, the Decision of the EU-Colombia-Peru
SPS Sub-committee shall be published in the Official Journal of the European
Union.

Article 3

This Decision shall enter into force on the
date of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

DECISION No [...] OF THE EU-COLOMBIA-PERU SUB-COMMITTEE
ON SANITARY AND PHYTOSANITARY MEASURES

of [...]

on the adoption of the Rules of Procedure of the Sub-committee
on Sanitary and Phytosanitary Measures referred to in Article103 of the Trade
Agreement between the European Union and its Member States, of the one part,
and Colombia and Peru, of the other part

THE
SUB-COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES,

Having regard to the Trade Agreement
between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, signed in
Brussels on 26 June 2012, and in particular, Article 103 thereof,

Whereas:

(1)          The Sub-committee on Sanitary and
Phytosanitary Measures (“SPS Sub-committee”) shall adopt its working procedure
at its first meeting.

(2)          The SPS Sub-committee shall
ensure and monitor the implementation of Chapter 5 of the Trade Agreement,
referring to Sanitary and Phytosanitary measures, and consider any matter that
could affect compliance with the provisions of this Chapter.

HAS ADOPTED THIS DECISION:

1.           The rules of procedure of the SPS
Sub-committee are adopted as set out in the Annex to this Decision.

2.           This
Decision shall enter into force on ...

Done at ...      on
...

Annex
to the Decision No [...] of the EU-Colombia-Peru Sub-committee on Sanitary and
Phytosanitary Measures

RULES OF PROCEDURE OF THE SUB-COMMITTEE ON SANITARY
AND PHYTOSANITARY MEASURES ESTABLISHED IN CHAPTER 5 OF THE TRADE AGREEMENT
BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART AND COLOMBIA
AND PERU, OF THE OTHER PART

Article 1
Composition and Chair

1.           The Sub-committee on Sanitary and
Phytosanitary Measures (hereinafter referred to as the “SPS Sub-committee”)
that is established in accordance with Article 103 of the Trade Agreement
between the European Union and its Member States, of the one part, and Colombia
and Peru, of the other part shall perform its duties as provided in Article 103
of the Trade Agreement and take responsibility to ensure and monitor the
implementation of Chapter 5 on Sanitary and Phytosanitary measures.

2.           As provided for in Article 103.2
of the Trade Agreement, the SPS Sub-committee shall be composed of the
representatives designated by each Party with responsibilities for sanitary and
phytosanitary matters.

3.           The SPS-Sub-committee shall be
chaired, on a rotational basis, for a period of one year by a senior official
of the European Commission, on behalf of the Union and its Member States, by a senior official of the Colombian Government, or by a senior official of the
Peruvian Government. The first chairing period shall begin on the date of the
first Trade Committee meeting and end on 31 December of the same year. The SPS Sub-committee
shall be chaired by the Party holding the chair in the Trade Committee.

4.           The SPS Sub-committee may meet in
sessions where only the EU Party and one signatory Andean Country participate,
regarding matters which relate exclusively to their bilateral relationship.
Such sessions will be co-chaired by both Parties. Other signatory Andean
Countries may participate in such sessions, subject to prior agreement of the Parties
concerned.

5.           Reference to the Parties in this
Rules of Procedure is in accordance with the definition provided for in Article
6 of the Agreement.

Article 2
Meetings

1.           The SPS Sub-committee shall meet
at least once a year and will hold special sessions upon request of any Party,
as provided for in Article 103.2 of the Agreement. The meetings shall be held
on a rotational basis, in Bogota, Brussels and Lima, unless the Parties agree
otherwise.

2.           The meeting of the SPS Sub-committee
shall be convened by the Party holding the Chair at a date and venue agreed by
the Parties.

3.           The SPS Sub-committee may also
meet by video and audio conference.

Article 3
Delegations

Before each meeting, the
Parties shall be informed of the intended composition of the delegations
attending the meeting.

Article 4
Observers

The SPS Sub-committee may
decide to invite observers on an ad hoc basis.

Article 5
Correspondence

1.           The documents of the SPS
Sub-committee provided for in Articles 6, 7 and 8 of these Rules of Procedure
shall be forwarded to the chairs of the SPS Sub-committee and to the
Secretariat of the Trade Committee.

2.           For matters which relate
exclusively to a bilateral relationship between the EU and one signatory Andean
Country, the correspondence will be done between these two Parties, keeping the
other signatory Andean Countries fully informed, as appropriate.

Article 6
Agenda for the Meetings

1.           A provisional agenda for each
meeting shall be drawn up by the Parties jointly. It shall be forwarded,
together with the relevant documents, to all the Parties no later than 14 days
before the beginning of the meeting.

2.           The agenda shall be adopted by
the SPS Sub-committee at the beginning of each meeting. Items other than those
appearing on the provisional agenda may be placed on the agenda if the Parties
so agree.

3.           The Chairperson of the SPS
Sub-committee may, upon agreement of the other Parties, invite experts to
attend its meetings in order to provide information on specific subjects.

Article 7
Minutes

1.           Draft minutes of each meeting
shall be drawn up jointly by the Parties. The first draft will be prepared by
the Party acting as Chair within 21 days from the end of the meeting.

2.           The minutes shall, as a general
rule, summarise each item on the agenda, specifying, where applicable:

(a)     the documents submitted to the SPS
Sub-committee;

(b)     any statement that a member of the SPS
Sub-committee has asked to be entered; and

(c)     the decisions proposed,
recommendations made, statements agreed upon and conclusions adopted on
specific items.

3.           The minutes shall also include a
list of participants in the SPS Sub-committee meeting.

4.           The minutes shall be approved in
writing by the Parties within two months of the date of the meeting. Once
approved, copies shall be signed by the Chairperson and his/her counterparts of
the other Parties. Each of the Parties shall receive one original copy of these
authentic documents. A copy of the signed minutes shall be forwarded to the
Secretariat of the Trade Committee.

Article 8
Action Plan

1.           The SPS Sub-committee shall adopt
an action plan reflecting the actions agreed upon the Parties during the
meeting.

2.           The implementation by the Parties
of the action plan will be reviewed by the SPS Sub-committee in its next
meeting.

Article 9
Languages

1.           The official languages of the SPS
Sub-committee shall be the official languages of the Parties.

2.           Unless otherwise decided, the SPS
Sub-committee shall normally base its deliberations on documentation and
proposals prepared in the languages referred to in paragraph 1.

Article 10
Publicity and Confidentiality

1.           Unless otherwise decided, the
meetings of the SPS Sub-committee shall not be public.

2.           When a Party submits information
considered as confidential under its laws and regulations to the SPS
Sub-committee, specialised committees, working groups or any other bodies, the
Parties shall treat that information as confidential, according to the rules
described in Article 290.2 of the Agreement.

Article 11
Expenses

1.           Each Party shall bear any
expenses it incurs as a result of participating in the meetings of the SPS
Sub-committee, both with regard to staff, travel and subsistence expenses and
with regard to postal and telecommunications expenses.

2.           Expenses in connection with the
organisation of meetings and reproduction of documents shall be borne by the
Party hosting the meeting.

3.           Expenses in connection with the
interpretation at meetings and translation of documents into or from Spanish
and English shall be borne by the Party hosting the meeting. Interpretation and
translation into or from the other languages shall be borne by the requesting
Party.

Article 12
Amendment of Rules of Procedure

These
Rules of Procedure, as well as any subsequent amendment, are to be adopted by
the SPS Sub-committee as foreseen by Article 103.2 of the Agreement.