COUNCIL DECISION on a Union position on Decision No 1/2011 of the Joint Management Committee for Sanitary and Phytosanitary matters set up by the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part regarding the amendment of Appendix V.A. to Annex IV to the Association Agreement Proposal for a COUNCIL DECISION on a Union position on Decision No 1/2011 of the Joint Management Committee for Sanitary and Phytosanitary matters set up by the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part regarding the amendment of Appendix V.A. to Annex IV to the Association Agreement
Date: 2011-05-16
Institutions: European Commission
Subjects: Chile, agri-foodstuffs, health control, marketing, plant health control

EUROPEAN COMMISSION 

Brussels, 16.5.2011 
COM(2011) 262 final 

2011/0112 (NLE) 

Proposal for a 

COUNCIL DECISION 

on a Union position on Decision No 1/2011 of the Joint Management Committee for 
Sanitary and Phytosanitary matters set up by the Agreement establishing an Association 
between the European Community and its Member States, of the one part, and the 
Republic of Chile, of the other part regarding the amendment of Appendix V.A. to 
Annex IV to the Association Agreement 

(Text with EEA relevance) 

 
 
  
 
EXPLANATORY MEMORANDUM 

The  Agreement  establishing  an  Association  between  the  European  Community  and  its 
Member States and the Republic of Chile was signed on 18 November 2002. All Agreement 
provisions entered into force on 1 March 2005, after being ratified by the Member States. 

Annex  IV  to  the  Agreement  lays  down  the  Sanitary  and  Phytosanitary  (SPS)  measures 
applicable to trade in animals and animal products, plants, plant products and other goods and 
animal welfare (hereinafter called the "SPS Agreement”). 

Article  89  (3)  of  the  Agreement,  establishes  that  the  Association  Committee  when  dealing 
with  SPS  measures,  shall  be  composed  of  representatives  of  the  European  Union  and  Chile 
with  responsibility  for  SPS  matters.  This  Committee  is  called  the  “Joint  Management 
Committee  for  SPS  matters  and  it  is  empowered  to  modify,  by  means  of  a  decision, 
Appendices I to XII to the SPS Agreement as established in its Article 16 (2) c. 

The European Union must adopt the position it is to take in the Joint Management Committee 
regarding  the  adoption  of  the  amendment  needed  to  update  Appendix  V.A.  to  the  SPS 
Agreement.  Under  Article  4(1)  of  Decision  2002/979/EC,  the  Union's  position  is  to  be 
adopted by the Council on a proposal from the Commission. 

This proposed amendment concerns Appendix V.A. to the SPS Agreement, on priority sectors 
or  sub-sectors  for  which  equivalence  may  be  recognised,  and  introduces  the  sector  "fish 
products" and its sub-sector "bivalve molluscs" in the list of priorities. 

The  Republic  of  Chile  would  like  to  apply  a  processing  treatment  to  bivalve  molluscs 
harvested in production areas classified as B or C, according to the provisions of Regulation 
(EC) No 853/2004, which is not foreseen in EU law. 

In  order  to  evaluate  if  the  proposed  processing  treatment  could  meet  the  same  level  of 
consumer protection as accomplished by the treatment provided in EU law, it is necessary to 
assess the equivalence of both treatments. 

Following Article 7 (3) of the SPS Agreement, the determination of equivalence may only be 
initiated when priorities have been established in Appendix V.A. 

In the light of progress made under the consultations procedures, the Parties have negotiated a 
proposal intended to modify Appendix V.A. to the Agreement. 

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2011/0112 (NLE) 

Proposal for a 

COUNCIL DECISION 

on a Union position on Decision No 1/2011 of the Joint Management Committee for 
Sanitary and Phytosanitary matters set up by the Agreement establishing an Association 
between the European Community and its Member States, of the one part, and the 
Republic of Chile, of the other part regarding the amendment of Appendix V.A. to 
Annex IV to the Association Agreement 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 168(4)(b) in conjunction with Article 218 (9) thereof,  

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

By  Council  Decision  2002/979/EC  on  the  signature  and  provisional  application  of 
certain provisions of an Agreement establishing an Association between the European 
Community and its Member States, of the one part, and the Republic of Chile, of the 
other  part1,  the  Union  has  concluded  the  Agreement  establishing  an  Association 
between  the  European  Community  and  its  Member  States,  of  the  one  part,  and  the 
Republic of Chile, hereinafter called the "Agreement". 

Annex IV to the Agreement lays down the Sanitary and Phytosanitary (SPS) measures 
applicable  to  trade  in  animals  and  animal  products,  plants,  plant  products  and  other 
goods and animal welfare (hereinafter called the “EU-Chile SPS Agreement”). 

Article  6(4)  of  the  Agreement  establishes that  the  Association  Committee  shall  have 
the power to take decisions in the cases provided for in the Agreement or where such 
power has been delegated to it by the Association Council. 

Article  89(3)  of  the  Agreement  by  way  of  derogation  from  Article  193  thereto, 
establishes that the Association Committee, when dealing with SPS measures, is called 
the  “Joint  Management  Committee  for  SPS  matters",  hereinafter  called  “the  Joint 
Management Committee”. Pursuant to point (c) of Article 16(2) of the EU-Chile SPS 
Agreement,  this  Committee  is  empowered  to  modify,  by  means  of  a  decision, 
Appendices I to XII to the EU-Chile SPS Agreement. 

1 

OJ L 352, 30.12.2002, p. 1. 

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(5) 

(6) 

(7) 

(8) 

Appendix V.A. to the EU-Chile SPS Agreement should contain priority sectors or sub-
sectors in order of priority for which equivalence may be recognised. 

The Republic of Chile would like to apply a processing treatment to bivalve molluscs 
which is not foreseen in the Union legislation. 

In order to evaluate if the proposed processing treatment could meet the same level of 
consumer  protection  as  accomplished  by  the  treatment  provided  by  the  Union 
legislation, it is necessary to assess the equivalence of both treatments. 

Subparagraph  2  of  Article  7(4)  of  the  EU-Chile  SPS  Agreement  requires  that 
Appendix V.A. to the EU-Chile SPS Agreement is amended to identify priority sectors 
or  sub-sectors  before  consultations  to  assess  equivalence  can  be  initiated.  The  sector 
"fish products" and its sub-sector "bivalve molluscs" should be introduced in the list of 
priorities in that Appendix. 

(9) 

To that effect the Union has to adopt the position it is to take in the Joint Management 
Committee regarding the necessary amendments. 

(10)  Article  4  (1)  of  Decision  2002/979/EC  provides  that  the  position  to  be  taken  by  the 
Union  within  the  Association  Committee  shall  be  adopted  by  the  Council,  on  a 
proposal  from  the  Commission,  in  accordance  with  the  corresponding  provisions  of 
the Treaty, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The position to be adopted by the Union in the Joint Management Committee for Sanitary and 
Phytosanitary  matters  of  the  Agreement  regarding  the  amendment  to  Appendix  V.A.  to  the 
EU-Chile SPS Agreement shall be to agree to the draft Decision No 1/2011 annexed to this 
Decision. 

Article 2 

Decision No 1/2011 of the Joint Management Committee on amendment to Appendix V.A. to 
the  EU-Chile  SPS  Agreement  shall  be  published  in  the  Official  Journal  of  the  European 
Union as soon as it has been adopted. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

Proposal for  

DECISION No 1/2011 OF THE JOINT MANAGEMENT COMMITTEE FOR 

SANITARY AND PHYTOSANITARY MATTERS SET UP UNDER THE 

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC 

OF CHILE ON SANITARY AND PHYTOSANITARY MEASURES APPLICABLE TO 

TRADE IN ANIMALS AND ANIMAL PRODUCTS, PLANTS AND PLANT 

PRODUCTS AND OTHER GOODS AND ANIMAL WELFARE  

of …………… 2011 

amending Appendix V.A. to Annex IV to the Agreement 

THE COMMITTEE, 

Having  regard  to  the  Agreement  between  the  European  Community  and  its  Member  States 
and the Republic of Chile on Sanitary and Phytosanitary (SPS) measures applicable to trade in 
animals and animal products, plants, plant products and other goods and animal welfare, and 
in particular Article 7(4), second paragraph thereto, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Article  7  (1)  of  the  EU-Chile  SPS  Agreement  provides  that  equivalence  may  be 
recognised  in  relation  to  an  individual  measure  and/or  groups  of  measures  and/or 
systems applicable to a sector or sub-sector. 

Article  7  (4)  of  the  EU-Chile  SPS  Agreement  establishes  that  the  sectors  or  sub-
sectors for which the process for recognition of equivalence may be initiated are to 
be set out in order of priority in Appendix V.A. 

The Republic of Chile expressed interest to include bivalve molluscs as sub-sector of 
fishery  products  in  Appendix  V.A.  as  priority  sector  to  initiate  assessment  of 
equivalence of the measures applied to them. 

The  Parties  agreed  at  the  fifth  meeting  of  the  Joint  Management  Committee  to 
initiate the procedure to modify Appendix V.A. to the EU-Chile SPS Agreement. 

Article 10 of Decision No 1/20032 of the EU-Chile Association Council, concerning 
the  adoption  of  the  rules  of  procedure  of  the  Association  Council,  the  Association 
Committee and the Special Committees, establishes the procedure to adopt decisions 
and recommendations. 

2 

OJ L 95, 11.4.2003, p. 46. 

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HAS ADOPTED THIS DECISION: 

Article 1 

Appendix  V.A.  to  the  EU-Chile  SPS  Agreement  is  hereby  replaced  by  the  Appendix  in  the 
Annex to this Decision. 

Article 2 

This Decision, drawn up in duplicate, shall be signed by the Joint Chairmen or other persons 
empowered to act in the name of the Parties. It shall be adopted by means of an exchange of 
written notes between the two Secretaries acting in agreement with the Parties certifying the 
completion of the necessary legal internal procedures. 

This Decision shall enter into force on the date of issue of the last written note exchanged.  

Article 3 

Signed at Santiago, [date] 

Signed at Brussels, [date] 

For the Joint Management Committee 

Head of Delegation 
of the Republic of Chile 

Head of Delegation 
of the European Union 

_____________ 

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ANNEX 

Appendix V 

PRIORITY SECTORS OR SUB-SECTORS FOR WHICH EQUIVALENCE MAY BE 
RECOGNISED AND CONDITIONS AND PROVISIONS FOR PROVISIONAL 
APPROVAL OF ESTABLISHMENTS 

A. 

Priority sectors or sub-sectors for which equivalence may be recognised 

(1)  Sector: Fishery products 

Sub-sector: Bivalve molluscs  

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