Decision No 1/2017 of the EU-Colombia-Peru Trade Committee of 24 November 2017 amending Appendix 1 of Annex XII (‘Government Procurement’) to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part [2018/1]
Date: 2017-11-24
Institutions: Colombia, European Union, Joint Committee, Peru
Subjects: Colombia, Peru, public contract, revision of an agreement, trade agreement, trade agreement (EU)








L_2018001EN.01000101.xml










4.1.2018   


EN


Official Journal of the European Union


L 1/1








            DECISION No 1/2017 OF THE EU-COLOMBIA-PERU TRADE COMMITTEE
         
of 24 November 2017
         
amending Appendix 1 of Annex XII (‘Government Procurement’) to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part [2018/1]


THE TRADE COMMITTEE,

Having regard to the Trade Agreement between the European Union (‘Union’) and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Trade Agreement’), and in particular Article 191 thereof,

Whereas:







(1)


Article 191 of the Trade Agreement lays down the procedures whereby a Party may modify or rectify its coverage of procurement under Title VI of the Trade Agreement.












(2)


Subsection 2 of Section A to Appendix 1 of Annex XII (‘Government Procurement’) to the Trade Agreement specifies sub-central government entities of Colombia whose procurement is covered under Title VI.












(3)


Following exchanges between the Union and Colombia on the implementation of the Trade Agreement, Colombia notified the Union of its intention to add a note to Subsection 2 to specify that ‘procuring entities’ cover all sub-central public procuring entities, not having an industrial or commercial character. The Union and Colombia agree to such modification and that such modification will not require compensatory adjustments.












(4)


In order to include this note, Subsection 2 of Section A to Appendix 1 of Annex XII to the Trade Agreement must be modified. The decision to modify the Annex can be adopted in the Trade Committee set out under the Trade Agreement by the Union and Colombia (‘the signatory Andean Country concerned’), pursuant to paragraph 3 of Article 14 of the Trade Agreement, as it relates exclusively to the bilateral relationship between them,





HAS ADOPTED THIS DECISION:



Article 1
The notes to Subsection 2 of Section A to Appendix 1 of Annex XII (‘Government Procurement’) to the Trade Agreement shall be replaced as follows:


                           ‘Notes to this Subsection






1.


For the purposes of this Subsection “procuring entities” cover all sub-central public procuring entities, not having an industrial or commercial character.










2.


Title VI of this Agreement does not cover:






(a)


procurements of food, agricultural raw materials/inputs and live animals related to agricultural support programmes and food assistance; and










(b)


procurements of goods classified under Section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of the CPC version 1.0 for social assistance programmes.’











Article 2
The modification laid down in Article 1 shall not entail compensatory adjustment since it does not lead to a reduction of coverage.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Lima, 24 November 2017.


For the Trade Committee


On behalf of the Ministry of Trade, Industry and Tourism of Colombia

Saúl Eduardo CARDOZO NUNCIRA
            

On behalf of the Directorate General for Trade of the European Commission

Matthias JØRGENSEN