COUNCIL DECISION (EU) 2021/270

of 25 January 2021

on the conclusion, on behalf of the Union, of the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and Articles 207 and 209, in conjunction with point (a) of the second subparagraph of Article 218(6), Article 218(7) and the second subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,

Having regard to the consent of the European Parliament (1),

Whereas:

(1) In accordance with Decision (EU) 2018/104 (2), the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (‘the Agreement’) was signed on 24 November 2017, subject to its conclusion at a later date.

(2) The Agreement constitutes an important step towards the increased political and economic involvement of the Union in the South Caucasus. By intensifying political dialogue and improving cooperation in a broad range of areas, it will provide the basis for more effective bilateral engagement with the Republic of Armenia.

(3) The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1 The Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, is hereby approved on behalf of the Union (3).

Article 2 The President of the Council shall, on behalf of the Union, deposit the instrument of approval provided for in Article 385(1) of the Agreement (4).

Article 3 1. For the purposes of Article 240 of the Agreement, amendments to the Agreement through decisions of the Sub-committee on Geographical Indications shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach agreement after objections have been raised concerning a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 57 of Regulation (EU) No 1151/2012 (5). 2. For the purpose of the first sentence of Article 270(2) of the Agreement, the Commission is authorised to approve the Union position with regard to amendments to Annex XI to the Agreement. For the purpose of the second sentence of Article 270(2) of the Agreement, the Commission is authorised to object to a modification or rectification of Annex XI proposed by the Republic of Armenia.

Article 4 1. A name protected under Subsection 3 (Geographical indications) of Chapter 9 of Title V of the Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification. 2. In accordance with Article 301 of the Agreement, the Member States and the institutions of the Union shall enforce the protection provided for in Articles 297 to 300 of the Agreement, regardless of whether they have been requested to do so by an interested party.

Article 5 The Agreement shall not be construed as conferring rights or imposing obligations that can be directly invoked before Union or Member State courts and tribunals.

Article 6 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 25 January 2021. For the Council The President J. BORRELL FONTELLES

(1) Consent of 4 July 2018 (not yet published in the Official Journal).

(2) Council Decision (EU) 2018/104 of 20 November 2017 on the signing, on behalf of the Union, and provisional application of the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part (OJ L 23, 26.1.2018, p. 1).

(3) The Agreement has been published in OJ L 23, 26.1.2018, p. 4 together with the decision on signature.

(4) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

(5) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).