Proposal for a Council Decision on a Community position concerning the rules of procedure of the Joint Committee established under Article 27 of the agreement between the European Community and Canada on trade in wines and spirit drinks
Date: 2006-02-17
Institutions: European Commission
Subjects: Canada, European Community, alcoholic beverage, joint committee (EU), rules of procedure, trade agreement, wine

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.02.2006 
COM(2006) 63 final 

2006/0019 (ACC) 

Proposal for a 

COUNCIL DECISION 

on a Community position concerning the rules of procedure of the Joint Committee 
established under Article 27 of the agreement between the European Community  
and Canada on trade in wines and spirit drinks 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The “Agreement between the European Community and Canada on trade in wines and spirit 
drinks” entered in to force on 1 June 2004. Article 27 of this Agreement establishes a “Joint 
Committee”  consisting  of  representatives  of  the  Community  and  Canada.  The  Joint 
Committee  sees  to  the  proper  functioning  of  the  Agreement  and  may  consider  any  matter 
related to its implementation and operation. In particular it shall be responsible for: 

– 

– 

– 

– 

– 

recommending amendments to the Annexes as foreseen in the Agreement, 

making recommendations which would contribute to the attainment of the objectives 
of this Agreement or of the 1989 Agreement, 

exchanging information to optimise the operation of this Agreement, 

recommending proposals on issues of mutual interest to the Contracting Parties in the 
wine or spirits sector and 

establishing  the  schedule  of  fees  and  expenses  payable  to  arbitrators  acting  for  the 
resolution of disputes 

The Joint Committee makes recommendations by consensus and determines its own rules of 
procedure.  It  meets  at  the  request  of  either  of  the  Contracting  Parties  no  later  than  90  days 
from the date of the request, alternately in the Community and in Canada, at a time and place, 
or in a manner mutually determined by the Contracting Parties, including by videoconference. 

According to the draft rules of procedure the Chair of the Committee shall be held alternately 
by the Head of Delegation of each Party. The chair shall also be responsible for the secretarial 
duties  of  the  Committee.  Each  party  shall  bear  the  expenses  it  incurs  in  taking  part  in  the 
meetings of the Committee.  

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2006/0019 (ACC) 

Proposal for a 

COUNCIL DECISION 

on a Community position concerning the rules of procedure of the Joint Committee 
established under Article 27 of the agreement between the European Community  
and Canada on trade in wines and spirit drinks 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 133, in conjunction with the second subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The agreement between the European Community and Canada on trade in wines and 
spirits2 was signed on 16 September 2003 and entered into force on 1 June 2004 

Article 27 of the agreement establishes a Joint Committee consisting of representatives 
of the Community and Canada. 

Article 27(2) of the agreement states that the Joint Committee shall determine its own 
rules of procedure. 

The  Community  should  decide  on  the  position  to  be  adopted  within  the  Joint 
Committee regarding the rules of procedure of this Joint Committee, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The position to be adopted by the Community within the Joint Committee set up by Article 27 
of the Agreement between the European Community and Canada on trade in wines and spirit 
drinks of 16 September 2003, regarding the rules of procedure of said Joint Committee, shall 
be based on the draft decision of the Joint Committee, which is annexed to this Decision. 

1 
2 

OJ C […] […], p. […] 
OJ L 35, 6.2.2004, p. 3. 

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Done at Brussels,  

For the Council 
The President 

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ANNEX 

Article 27 / EC-Canada Wine and Spirits Agreement: 

Draft rules of procedure of the Joint Committee 

THE JOINT COMMITTEE, 

Having regard to the Agreement between the European Community and Canada on trade in 
wines and spirit drinks, and in particular Article 27 thereof, 

Whereas that Agreement entered into force on 1 June 2004, 

HAS DETERMINED ITS RULES OF PROCEDURE AS FOLLOWS: 

1. 

2. 

1. 

2. 

1. 

Article 1 
Heads of Delegation 

The  European  Commission  and  the  Canadian  Department  of  International  Trade, 
hereafter jointly referred to as “the Parties”, shall each appoint a Head of Delegation 
who shall be the contact person for all matters relating to the Committee. 

Each  Head  of  Delegation  may  delegate  all  or  any  of  the  functions  of  Head  of 
Delegation to a nominated deputy, in which case all references hereafter to the Head 
of Delegation apply equally to the nominated deputy. 

Article 2 
Chair 

The  office  of  Chair  of  the  Committee  shall  be  held  alternately,  for  a  period  of  one 
calendar year, by the Head of Delegation of each Party. 

The Chair shall be responsible for the secretarial duties of the Committee.  

Article 3 
Meetings 

The  Chair  shall  fix  the  date  and  venue  or,  in  the  case  of  meetings  by  electronic 
means, the technical arrangements, of meetings in agreement with the other Head of 
Delegation. The Chair and the other Head of Delegation shall, in agreeing the time 
and place of the meeting, observe the requirement to hold a meeting within 90 days 
except if the issue relates to Article 42 of the Agreement. 

2. 

Unless otherwise jointly agreed, the meetings of the Committee shall not be public. 

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1. 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

Article 4 
Correspondence 

All  correspondence  to  or  for  the  Committee  shall  be  sent  to  the  Chair  of  the 
Committee.  The  latter  shall  send  a  copy  of  all  correspondence  relating  to  the 
Committee to the other Head of Delegation, to the Head of the Canadian Mission in 
Brussels and to the Head of the Delegation of the Commission in Ottawa. 

Correspondence between the Chair and the other Head of Delegation may be by any 
written means, including electronic mail. 

Article 5 
Agendas for meetings 

The Chair shall draw up the draft agenda prior to a meeting. The draft agenda shall 
be sent to the other Head of Delegation no later than 20 working days before the start 
of  the  meeting.  The  draft  agenda  circulated  by  the  Chair  shall  include  any  item 
covered by Article 27(3) of the Agreement, chosen by the Chair. 

The  Heads  of  Delegation  may  request  additional  items  covered  by  Article  27(3)  at 
least 10 working days before the start of the meeting, which the Chair must include 
on the draft agenda. 

A final draft agenda shall be circulated to the other Head of Delegation by the Chair 
at  least  five  working  days  before  the  start  of  the  meeting.  The  agenda  shall  be 
adopted by joint agreement by the Chair and other Head of Delegation at the start of 
each meeting. An item other than those appearing on the draft agenda may be placed 
on the agenda if the Chair and other Head of Delegation so agree. 

By way of derogation from paragraphs 1, 2 and 3, in the case of a meeting convened 
pursuant  to  Article 42(2),  the  agenda  shall  comprise  the  matter  described  in  that 
Article and no draft agenda need be circulated. 

Article 6 
Adoption of instruments 

The recommendations of the Committee within the meaning of Article 27(2) of the 
Agreement shall be addressed to the Parties and shall bear the signatures of the Chair 
and of the other Head of Delegation. 

In the case of the schedule of fees referred to in the fifth indent of Article 27(3), the 
Committee  shall  only  establish  the  schedule  pursuant  to  a  decision  to  that  effect 
adopted by each Party. 

3. 

Either Party may decide to publish any recommendation adopted by the Committee. 

Article 7 
Written procedure 

1. 

A recommendation of the Committee may be adopted by a written procedure where 
the Chair and the other Head of Delegation so agree. 

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2. 

1. 

2. 

The Head of Delegation proposing the use of the written procedure shall submit the 
draft recommendation to the other Head of Delegation. The other Head of Delegation 
shall reply, indicating whether he or she accepts or does not accept the draft, whether 
he or she proposes any amendments, or whether he or she requests further time for 
reflection. If the draft is adopted, it shall be finalised in accordance with Article 6(1). 

Article 8 
Minutes 

The Chair shall draw up draft minutes of each meeting and submit them to the other 
Head of Delegation within 20 working days of the meeting. The draft minutes shall 
state  the  recommendations  made  and  may  also note  any  other  conclusions  reached. 
The  other  Head  of  Delegation  shall  agree  to  the  draft,  or  submit  proposed 
amendments. Once there is agreement on the draft minutes, two original copies shall 
be signed by the Chair and by the other Head of Delegation. An original copy of the 
minutes shall be kept by the Chair and one by the other Head of Delegation. 

In the event there is no agreement on the minutes before the subsequent meeting is 
convened, the minutes shall record the draft drawn up by the Chair to which shall be 
annexed the proposed amendments submitted by the other Head of Delegation. 

Each Party shall bear the expenses it incurs in taking part in the meetings of the Committee. 

Article 9 
Expenses 

Article 10 
Confidentiality 

The deliberations of the Committee shall be confidential. 

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LEGISLATIVE FINANCIAL STATEMENT 

Policy area: External Aspects of certain policies 

Activity: International Agricultural Agreements 

TITLE  OF  ACTION:  COMMUNITY  POSITION  CONCERNING  THE  RULES  OF  PROCEDURE  OF  THE 
JOINT COMMITTEE  ESTABLISHED  UNDER ARTICLE 27  OF  THE  AGREEMENT  BETWEEN 
THE EUROPEAN COMMUNITY AND CANADA ON TRADE IN WINES AND SPIRIT DRINKS 

1. 

2. 

BUDGET LINES + HEADINGS: XX 01 01 01 01, XX 01 02 11 01 

OVERALL FIGURES  

2.1. 

Total allocation for action: € for commitment 

No funding 

2.2. 

Period of application: 

As from 1 January 2006 

2.3. 

Overall multiannual estimate of expenditure 

(c)  Overall  financial  impact  of  human  resources  and  other  administrative 

expenditure (see points 7.2 and 7.3) 

€  

Commitments / payments 

2006 

2007 

2008 

2009 

2010 

2011 

2012 

41 600 

41 600 

41 600 

41 600 

41 600 

41 600 

41 600 

TOTAL c 

Commitments 

Payments 

41 600 

41 600 

41600 

41600 

41 600 

41 600 

41 600 

41 600 

41 600 

41600 

41600 

41 600 

41 600 

41 600 

2.4. 

Compatibility with financial programming and financial perspective 

2.5. 

Financial impact on revenue 

X 

Proposal  has  no  financial  implications  (involves  technical  aspects  regarding 
implementation of a measure) 

3. 

BUDGET CHARACTERISTICS 

Type of 
expenditure 

New 

EFTA 
contribution 

Contributions form 
applicant countries 

Heading in financial 
perspective 

CE 

DA/NDA 

YES 

NO 

NO 

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4. 

LEGAL BASIS  

Article 133 of the Treaty in conjunction with Article 300 

5. 

DESCRIPTION AND GROUNDS 

5.1. 

Need for Community intervention  

5.1.1.  Objectives pursued 

The agreement between the European Community and Canada on trade in wines and 
spirits  was  signed  on  16  September  2003  and  entered  into  force  on  1  June  2004. 
the  agreement  establishes  a  Joint  Committee  consisting  of 
Article  27  of 
representatives of the Community and Canada. Article 27(2) of the agreement states 
that the Joint Committee shall determine its own rules of procedure. The Community 
should decide on the position to be adopted within the Joint Committee regarding the 
rules of procedure of this Joint Committee, 

5.1.2.  Measures taken in connection with ex ante evaluation  

None 

5.1.3.  Measures taken following ex post evaluation 

None 

5.2. 

Action envisaged and budget intervention arrangements 

Establishing  the  rules  of  procedure  for  the  Joint  Committee  that  sees  to  the  proper 
functioning of the EU – Canada Agreement on trade in wines and spirits, responsible 
for: 

•  recommending amendments to the Annexes as foreseen in the Agreement, 

•  making  recommendations  which  would  contribute  to  the  attainment  of  the 

objectives of this Agreement or of the 1989 Agreement, 

•  exchanging information to optimise the operation of this Agreement, 

•  recommending proposals on issues of mutual interest to the Contracting Parties 

in the wine or spirits sector and 

•  establishing  the  schedule  of  fees  and  expenses  payable  to  arbitrators  acting  for 

the resolution of disputes. 

The Joint Committee makes recommendations by consensus and determines its own 
rules of procedure. It meets at the request of either of the Contracting Parties no later 
than  90  days  from  the  date  of  the  request,  alternately  in  the  Community  and  in 
Canada, at a time and place, or in a manner mutually determined by the Contracting 
Parties, including by videoconference. 

5.3.  Methods of implementation 

Direct management by DG AGRI with statutory staff. 

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6. 

FINANCIAL IMPACT 

6.1. 

Total financial impact on Part B - (over the entire programming period) 

6.1.1.  Financial intervention 

None 

6.1.2.  Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure 

(commitment appropriations) 

None 

6.2. 

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire 
programming period) 

None 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

7.1. 

Impact on human resources 

Types of post 

Staff to be assigned to management of the 
action using existing and/or additional 
resources 

Number of 
permanent posts 

Number of 
temporary posts 

Officials or 
temporary staff 

A 

B 

C 

Other human resources 

Total 

0.1 

0.1 

0.2 

Description of tasks deriving  
from the action 

Preparation of and follow-up to the 
meetings of the Joint Committee and in 
particular preparation of Council 
Decisions prior to the adoption of 
decisions by the Joint Committee 

Total 

0.1 

0.1 

0.2 

7.2. 

Overall financial impact of human resources 

Type of human resources 

Amount (€) 

Method of calculation *  

Officials 

Temporary staff 

Other human resources 

108 000*0.2 = 
21 600 EUR 

Average standard cost 

(specify budget line) 

Total 

21 600 

The amounts are total expenditure for twelve months. 

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7.3. 

Other administrative expenditure deriving from the action 

Budget line (number and heading) 

Amount (€) 

Method of calculation 

Overall allocation  

XX 01 02 11 01 – Missions 

Other expenditure (specify) 

Information systems  

Other expenditure 

20 000 

p.m. 

Total 

20 000 

The amounts are total expenditure for twelve months. 

I. 

II. 

Annual total (7.2 + 7.3) 

Duration of action 

III. 

Total cost of action (I x II) 

€41 600 

undetermined 

€41 600 

The amounts are total expenditure for twelve months. 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the  allocation 
granted to the managing DG in the framework of the annual allocation procedure. 

8. 

FOLLOW-UP AND EVALUATION 

8.1. 

Follow-up arrangements 

Not applied 

8.2. 

Arrangements and schedule for the planned evaluation 

Not applied 

9. 

ANTI-FRAUD MEASURES 

None 

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