COUNCIL DECISION (EU) 2019/2245

of 19 December 2019

on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the update of Annex XV (Elimination of customs duties) to the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) was concluded, on behalf of the Union, on 23 May 2016 in accordance with Council Decision (EU) 2016/839 (2) and entered into force on 1 July 2016.

(2) In accordance with Article 438(3) of the Agreement, the Association Committee in Trade configuration, as referred to in Article 438(4) of the Agreement, has the power to adopt decisions in areas in which the Association Council established by Article 434 of the Agreement has delegated powers to it. On 16 December 2014 the Association Council, by means of Decision No 3/2014 (3), delegated to the Association Committee in Trade configuration the power to update or amend certain trade-related Annexes to the Agreement.

(3) Following consultations the Union and the Republic of Moldova have agreed on a reciprocal basis, in accordance with Article 147 of the Agreement, to increase the volume of some products subject to annual duty-free tariff rate quotas.

(4) The Union has agreed to increase the volume of the tariff rate quotas (‘TRQs’) for goods originating in the Republic of Moldova for table grapes and plums, and to introduce a new TRQ for cherries. The Republic of Moldova has agreed to gradually increase the volume of the TRQs for goods originating in the Union for the following products included in the schedule of concessions (Republic of Moldova) set out in Annex XV-D to the Agreement: pork (TRQ 1), poultry (TRQ 2), dairy (TRQ 3) and sugar (TRQ 5).

(5) The Republic of Moldova has requested the Union to amend Annex XV‐C to the Agreement in order to increase the volume of imports of wheat (flour and pellets), barley (flour and pellets), maize (flour and pellets) and cereal processed for triggering the anti‐circumvention mechanism referred to in Article 148 of the Agreement.

(6) The Association Committee in Trade configuration is to adopt a decision updating Annex XV to the Agreement. That decision is binding upon the Union.

(7) It is appropriate to establish the position to be taken on the Union’s behalf in the Association Committee in Trade configuration as regards the update of Annex XV to the Agreement.

(8) The position of the Union within the Association Committee in Trade configuration should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf within the Association Committee in Trade configuration, as referred to in Article 438(4) of the Agreement, as regards the update of Annex XV to the Agreement shall be based on the draft Decision of the EU-Republic of Moldova Association Committee in Trade configuration concerning the update of Annex XV (Elimination of customs duties) to the Agreement attached to this Decision.

Article 2 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 19 December 2019. For the Council The President K. MIKKONEN

(1) OJ L 260, 30.8.2014, p. 4.

(2) Council Decision (EU) 2016/839 of 23 May 2016 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L 141, 28.5.2016, p. 28).

(3) Decision No 3/2014 of the EU-Republic of Moldova Association Council of 16 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/673] (OJ L 110, 29.4.2015, p. 40).