COUNCIL DECISION (EU) 2019/1178

of 8 July 2019

on the position to be taken on behalf of the European Union within the Cooperation Committee set up by the Agreement on Cooperation and Customs Union betwee the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part with regard to applicable provisions on organic production and labelling of organic products, and arrangements for imports of organic products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part (1) (the ‘Agreement’) was concluded by the Union by Council Decision 2002/245/EC (2) and entered into force on 1 April 2002.

(2) Pursuant to Article 7(2) of the Agreement, the Cooperation Committee is to determine in greater detail the provisions of Union legislation to be applied, in respect of countries not members of the Union, inter alia, in the field of Union veterinary, plant health and quality regulations where necessary for the proper functioning of the Agreement.

(3) The Cooperation Committee is to adopt a decision on the applicable provisions, under the Agreement, of Union legislation on organic production and labelling of organic products, and arrangements for imports of organic products.

(4) It is appropriate to establish the position to be taken on the Union's behalf in the Cooperation Committee, as the determination in greater detail of the applicable provisions of Union legislation will enhance legal certainty among the parties to the Agreement and will support the proper functioning of the customs union between the Union and San Marino.

(5) Consequently, there is a need to clarify the applicable Union legislation on organic production and labelling of organic products, which includes Council Regulation (EC) No 834/2007 (3) and Commission Regulations (EC) No 889/2008 (4) and (EC) No 1235/2008 (5). In addition, it is appropriate to lay down the necessary arrangements for imports of organic products, as well as a procedure to be followed in the event that new Union legislation on organic production and labelling of organic products is adopted that affects the references to the applicable provisions and the arrangements agreed.

(6) The position of the Union within the Cooperation Committee 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 Cooperation Committee set up by the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part shall be based on the draft decision of the Cooperation Committee attached to this Decision. Minor changes to the draft decision referred to in the first paragraph may be agreed to by the representatives of the Union within the Cooperation Committee without further Decision of the Council.

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

Done at Brussels, 8 July 2019. For the Council The President A.-K. PEKONEN

(1) OJ L 84, 28.3.2002, p. 43.

(2) Council Decision 2002/245/EC of 28 February 2002 on the conclusion of an agreement on cooperation and customs union between the European Economic Community and the Republic of San Marino and of the Protocol thereto following the enlargement which took effect on 1 January 1995 (OJ L 84, 28.3.2002, p. 41).

(3) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

(4) Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).

(5) Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 334, 12.12.2008, p. 25).