Source: EURLEX
Language: en
Format: md

14.5.2011 EN Official Journal of the European Union L 127/1

## II

_(Non-legislative acts)_

# INTERNATIONAL AGREEMENTS

**COUNCIL DECISION**

**of 16 September 2010**

**on the signing, on behalf of the European Union, and provisional application of the Free Trade**
**Agreement between the European Union and its Member States, of the one part, and the Republic**
**of Korea, of the other part**

(2011/265/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European
Union, and in particular Articles 91, 100(2), 167(3) and 207, in
conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 23 April 2007 the Council authorised the
Commission to negotiate a free trade agreement with
the Republic of Korea, hereinafter referred to as ‘Korea’,
on behalf of the European Union and its Member States.

(2) Those negotiations have been concluded and a Free Trade
Agreement between the European Union and its Member
States, of the one part, and the Republic of Korea, of the
other part, hereinafter referred to as ‘the Agreement’, was
initialled on 15 October 2009.

(3) Article 15.10.5 of the Agreement provides for its provi­
sional application.

(4) The Agreement should be signed on behalf of the Union
and applied on a provisional basis, pending the
completion of the procedures for its conclusion.

(5) The Agreement does not affect the rights of investors of
the Member States to benefit from any more favourable
treatment provided for in any agreement related to
investment to which a Member State and Korea are

Parties.

(6) Pursuant to Article 218(7) of the Treaty, it is appropriate
for the Council to authorise the Commission to approve

certain limited modifications to the Agreement. The
Commission should be authorised to bring about the
termination of the entitlement to co-productions as
provided for in Article 5 of the Protocol on Cultural
Cooperation unless the Commission determines that the
entitlement should be continued and this is approved by
the Council pursuant to a specific procedure necessitated
both by the sensitive nature of this element of the
Agreement and by the fact that the Agreement is to be
concluded by the Union and its Member States. In
addition, the Commission should be authorised to
approve modifications to be adopted by the Working
Group on Geographical Indications pursuant to
Article 10.25 of the Agreement.

(7) It is appropriate to set out the relevant procedures for the
protection of geographical indications which are given
protection pursuant to the Agreement.

(8) The Union should activate the procedures relating to
limitations on duty drawback, safeguard and dispute
settlement whenever the conditions established in the
relevant provisions of the Agreement are met. The
rights of the Union provided for in Article 14
(Drawback of, or exemption from, customs duties) of
the Protocol concerning the definition of ‘originating
products’ and methods of administrative cooperation of
the Agreement should be exercised in accordance with
the relevant provisions to be contained in the Regulation
of the European Parliament and of the Council imple­
menting the bilateral safeguard clause of the EU-Korea
Free Trade Agreement.

(9) The provisional application foreseen in this Decision does
not prejudge the allocation of competences between the
Union and its Member States in accordance with the

Treaties,

L 127/2 EN Official Journal of the European Union 14.5.2011

HAS ADOPTED THIS DECISION:

_Article 1_

The signing of the Free Trade Agreement between the European
Union and its Member States, of the one part, and the Republic
of Korea, of the other part, is hereby approved on behalf of the
Union, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

_Article 2_

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of
the Union subject to its conclusion.

_Article 3_

1. The Agreement shall be applied on a provisional basis by
the Union as provided for in Article 15.10.5 of the Agreement,
pending the completion of the procedures for its conclusion.
The following provisions shall not be provisionally applied:

— Articles 10.54 to 10.61 (criminal enforcement of intellectual
property rights),

— Articles 4(3), 5(2), 6(1), 6(2), 6(4), 6(5), 8, 9 and 10 of the
Protocol on cultural cooperation.

2. In order to determine the date of provisional application
the Council shall fix the date by which the notification referred
to in Article 15.10.5 of the Agreement is to be sent to Korea.
That notification shall include references to those provisions
which cannot be provisionally applied.

The Council shall coordinate the effective date of provisional
application with the date of the entry into force of the proposed
Regulation of the European Parliament and of the Council
implementing the bilateral safeguard clause of the EU-Korea
Free Trade Agreement.

3. The date from which the Agreement will be provisionally
applied will be published in the _Official Journal of the European_
_Union_ by the General Secretariat of the Council.

_Article 4_

1. The Commission shall provide notice to Korea of the
Union’s intention not to extend the period of entitlement to
co-production pursuant to Article 5 of the Protocol on cultural
cooperation following the procedure set out in Article 5(8)
thereof unless, on a proposal from the Commission, the

Council agrees four months before the end of such period of
entitlement to continue the entitlement. If the Council agrees to
continue the entitlement this provision shall again become
applicable at the end of the renewed period of entitlement.
For the specific purposes of deciding on the continuation of
the period of entitlement, the Council shall act by unanimity.

2. For the purposes of Article 10.25 of the Agreement,
modifications of the Agreement through decisions of the
Working Group on Geographical Indications shall be
approved by the Commission on behalf of the Union. Where
interested parties cannot reach agreement following objections
relating to a geographical indication, the Commission shall
adopt such a position on the basis of the procedure laid
down in Article 15(2) of Council Regulation (EC) No
510/2006 of 20 March 2006 on the protection of geographical
indications and designations of origin for agricultural products
and foodstuffs ( [1] ). The period referred to in Article 5(6) of
Council Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission ( [2] ) shall be set at one month.

_Article 5_

1. A name protected under Sub-Section C ‘Geographical indi­
cations’ of Chapter Ten of the Agreement may be used by any
operator marketing agricultural products, foodstuffs, wines,
aromatised wines or spirits conforming to the corresponding
specification.

2. The Member States and the institutions of the Union shall
enforce the protection provided for in Articles 10.18 to 10.23
of the Agreement, including at the request of an interested
party.

_Article 6_

The position to be taken by the Union in the Committee on
Cultural Cooperation on decisions having legal effects shall be
determined by the Council acting in accordance with the Treaty.
The representatives of the Union in the Committee on Cultural
Cooperation shall comprise senior officials of both the
Commission and the Member States who have expertise and
experience in cultural matters and practices, and who shall
present the position of the Union in accordance with the Treaty.

_Article 7_

The applicable provision for the purposes of adopting the
necessary implementing rules for the application of the rules
contained in Annex II(a) to the Protocol concerning the defi­
nition of ‘originating products’ and methods of administrative
cooperation of the Agreement is Article 247a of Council Regu­
lation (EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code ( [3] ).

( [1] ) OJ L 93, 31.3.2006, p. 12.
( [2] ) OJ L 184, 17.7.1999, p. 23.
( [3] ) OJ L 302, 19.10.1992, p. 1.

14.5.2011 EN Official Journal of the European Union L 127/3

_Article 8_

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

_Article 9_

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

Done at Brussels, 16 September 2010.

_For the Council_

_The President_

S. VANACKERE