Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2018/0091 (NLE)**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

**Brussels, 29 June 2018**
**(OR. en)**

**7964/18**

**WTO 68**
**SERVICES 17**
**COASI 85**

Subject: COUNCIL DECISION on the conclusion of the Agreement between the
European Union and Japan for an Economic Partnership

7964/18 LSV/sr

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**COUNCIL DECISION (EU) 2018/…**

**of …**

**on the conclusion of the Agreement**

**between the European Union and Japan**

**for an Economic Partnership**

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91,

Article 100(2) and the first subparagraph of Article 207(4), in conjunction with point (a)(v) of the

second subparagraph of Article 218(6) and Article 218(7) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament **[1]**,

**1** Consent of [date] (not yet published in the Official Journal).

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Whereas:

(1) In accordance with Council Decision (EU) 2018/… **[1]** [+], the Agreement between the

European Union and Japan for an Economic Partnership ('the Agreement') was signed on

[XX XXX 2018].

(2) In order to ensure an efficient operation of the wine export facilitation system provided for

in the Agreement, the Commission should be authorised to temporarily suspend, on behalf

of the Union and as provided for in paragraph 3 of Article 2.29 of the Agreement, the

acceptance of self-certification of wine products as set out in Article 2.28 of the

Agreement. The Commission should also be authorised to terminate that temporary

suspension on behalf of the Union and as provided for in paragraph 4 of Article 2.29 of the

Agreement.

**1** Council Decision (EU) 2018/… of … on the signing, on behalf of the European Union, of
the Agreement between the European Union and Japan for an Economic Partnership
(OJ L …).
+ OJ: Please insert the number of the decision on signing contained in the document
ST 7963/18 and complete the corresponding footnote.

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(3) In accordance with Article 218(7) of the Treaty, it is appropriate for the Council to

authorise the Commission to approve, on behalf of the Union, certain modifications to the

Agreement. The Commission should therefore be authorised to approve modifications

pursuant to Article 10.14 of the Agreement as regards Part 2 of Annex 10 to the Agreement

after consultation with the special committee appointed by the Council in accordance with

Article 207(3) of the Treaty. That authorisation should not apply to modifications to

commitments under paragraph 4 ('Procurement of railway-related goods and services') and

paragraph 5 ('Services') of Section A of Part 2 of Annex 10 to the Agreement. The

Commission should also be authorised to approve modifications of Annex 14-A and Annex

14-B to the Agreement.

(4) In accordance with Article 23.5 of the Agreement, nothing in the Agreement is to be

construed as conferring rights or imposing obligations on persons, without prejudice to the

rights and obligations of persons under other public international law. It is therefore not

possible to invoke the Agreement directly before the courts of the Union or of the

Member States.

(5) The Agreement should be approved,

HAS ADOPTED THIS DECISION:

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_Article 1_

The Agreement between the European Union and Japan for an Economic Partnership is hereby

approved.

The text of the Agreement is attached to this Decision.

_Article 2_

1. The decision of the Union to temporarily suspend, in accordance with paragraph 3 of

Article 2.29 of the Agreement, the acceptance of self-certification of wine products as set

out in Article 2.28 of the Agreement shall be taken by the Commission.

2. The decision of the Union to terminate, in accordance with paragraph 4 of Article 2.29 of

the Agreement, the temporary suspension referred to in paragraph 1 of this Article shall be

taken by the Commission.

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_Article 3_

For the purposes of Article 10.14 of the Agreement, the position of the Union on the modifications

or rectifications to commitments under Part 2 of Annex 10 to the Agreement shall be taken by the

Commission after consultation with the special committee appointed by the Council in accordance

with Article 207(3) of the Treaty. This provision does not apply to modifications to commitments

under paragraph 4 ('Procurement of railway-related goods and services') and paragraph 5

('Services') of Section A of Part 2 of Annex 10 to the Agreement.

_Article 4_

Modifications of Annex 14-A and Annex 14-B to the Agreement through decisions of the Joint

Committee established by the Agreement, following recommendations of the Committee on

Intellectual Property established by the Agreement, shall be approved by the Commission on behalf

of the Union. Where interested parties cannot reach an agreement following objections relating to a

geographical indication, the Commission shall adopt a position on the basis of the procedure laid

down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the

Council **[1]** .

**1** 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).

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_Article 5_

The President of the Council shall, on behalf of the Union, give the notification provided for in

Article 23.3 of the Agreement. **[1]**

_Article 6_

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

Done at Brussels,

_For the Council_

_The President_

**1** 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.

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