CELEX: 52019PC0181
Language: en
Date: 2019-04-12
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union, in the Working Group on Geographical indications set up by 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, as regards the adoption of its rules of procedure

EUROPEAN COMMISSION
            Brussels, 12.4.2019
            COM(2019) 181 final
            2019/0093(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be taken on behalf of the European Union, in  the Working Group on Geographical indications set up by 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, as regards the adoption of its rules of procedure
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject matter of the proposal
            
            
               This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Working Group on Geographical Indications set up by 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, in connection with the envisaged adoption of its Rules of Procedure (“Rules of Procedure”). 
            
            
               2.Context of the proposal
            
            
               2.1.The EU-Republic of Korea Free Trade Agreement 
            
            
               The Free Trade Agreement between the European Union and all of its Member States, of the one part, and the Republic of Korea, of the other part (“the Agreement”) is the European Union’s first new generation trade agreement and also the first agreement concluded with an Asian country. The aim of the Agreement is to boost bilateral trade and economic growth in both the EU and Korea. 
            
            
               The Agreement was signed on 6 October 2010 and has been provisionally applied since 1 July 2011
                  1
               . 
            
            
               2.2.The Working Group on Geographical Indications  
            
            
               Article 15.3 of the Agreement establishes Working Groups under the auspices of the Trade Committee, namely the Working Group on Geographical Indications (Article 15.3.1 (g), “GI Working Group”). The Agreement establishes the rules on Geographical Indications under Articles 10.18-10.26. The activities and functioning of the GI Working Group is regulated by Article 10.25 of the Agreement. 
            
            
               For the purposes of Article 10.25 of the Agreement, modifications of the Agreement through decisions of the GI Working Group shall be approved by the Commission on behalf of the European Union
                  2
               . 
            
            
               The GI Working Group is the forum and decision-making body, which may decide to modify the Annexes 10-A and 10-B to the Agreement. Pursuant to Article 10.25(1) the Working Group may make recommendations and adopt decisions by consensus. 
            
            
               2.3.The envisaged act of the Working Group on Geographical Indications
            
            
               According to Decision No 1 of the EU-Korea Trade Committee of 23 December 2011 on the adoption of the rules of procedure of the Trade Committee
                  3
               , and in particular Article 15.4 of the Annex, each Specialised Committee and Working Group may establish its own rules of procedure which shall be reported to the Trade Committee.
            
            
               On 30 May 2018, in the framework of the 6th GI Working Group meeting, the GI Working Group agreed on the adoption of a decision regarding its Rules of Procedure ("the envisaged act").
            
            
               The purpose of the envisaged act is to regulate the functioning of the GI Working Group and to lay down in details especially its competence and decision making process.
            
            
               3.Position to be taken on the Union's behalf
            
            
               The Treaties bestow on the Union an exclusive competence for the common commercial policy, which includes the Union's autonomous trade policy as well as the conclusion of international trade agreements. Considering the envisaged act is the precondition of the satisfactory functioning of the GI Working Group, accordingly it contribute to the efficient implementation of the EU-Republic of Korea Free Trade Agreement, the adoption of the envisaged act fits the objectives of the Union trade policy. 
            
            
               4.Legal basis
            
            
               4.1.Procedural legal basis
            
         
         
            
               4.1.1.Principles
            
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
            
            
               The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’
                  4
               .
            
            
               4.1.2.Application to the present case
            
            
               The GI Working Group is a body set up by an agreement, namely the EU-Republic of Korea Free Trade Agreement.
            
            
               The act which the GI Working Group is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 10.25 of the EU-Republic of Korea Free Trade Agreement. 
            
            
               The envisaged act does not supplement or amend the institutional framework of the Agreement.
            
            
               Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
            
            
               4.2.Substantive legal basis
            
            
               4.2.1.Principles
            
            
               The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
            
            
            
               4.2.2.Application to the present case
            
            
               The main objective and content of the envisaged act relate to the common commercial policy. 
            
            
               Therefore, the substantive legal basis of the proposed decision comprises the following provisions: Article 207 of the TFEU.
            
            
               4.3.Conclusion
            
            
               The legal basis of the proposed decision should be Article 207, in conjunction with Article 218(9) TFEU.
            
            
               5.Publication of the envisaged act
            
            
               Not applicable.
            
            
         
         
            
               2019/0093 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken on behalf of the European Union, in  the Working Group on Geographical indications set up by 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, as regards the adoption of its rules of procedure
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas: 
            
            
               (1)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
                  5
                (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2015/2169
                  6
                 and it entered into force on 13 December 2015.
            
            
               (2)Article 15.3.1 of the Agreement establishes the Working Group on Geographical Indications, under the auspices of the Trade Committee established by Article 15.1.1 of the Agreement.
            
            
               (3)Pursuant to Article 15.4 of the rules of procedure of the EU-Korea Trade Committee, adopted by Decision No 1 of the EU-Korea Trade Committee of 23 December 2011
                  7
               , each Working Group may establish its own rules of procedure which shall be reported to the Trade Committee.
            
            
               (4)Rules of procedure of the Working Group on Geographical Indications should be established.
            
            
               (5)It is appropriate to establish the position to be taken on the Union’s behalf in the Working Group on Geographical Indications as regards its rules of procedure, as these rules will be binding on the Union, 
            
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The position to be taken on the Union’s behalf in the Working Group on Geographical Indications as regards the adoption of its rules of procedure shall be based on the draft Decision of that Working Group attached to this Decision.
            
            
            
            
               Article 2
            
         
         
            
               This Decision is addressed to the Commission.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        Free trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1–1426)
               
               
                  
                     (2)
                  
                        2011/265/EU: 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 (OJ L 127, 14.5.2011, p. 1–1426)
               
               
                  
                     (3)
                  
                        OJ L 58, 1.3.2013, p.9.
               
               
                  
                     (4)
                  
                        Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64. 
               
               
                  
                     (5)
                  
                        OJ L 127, 14.5.2011, p. 6.
               
               
                  
                     (6)
                  
                        Council Decision (EU) 2015/2169 of 1 October 2015 on the conclusion 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 (OJ L 307, 25.11.2015, p. 2).
               
               
                  
                     (7)
                  
                        Decision No 1 of the EU-Korea Trade Committee of 23 December 2011 on the adoption of the rules of procedure of the Trade Committee (OJ L 58, 1.3.2013, p. 9). 
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 12.4.2019
            COM(2019) 181 final
            ANNEX
            to the
            Proposal for a COUNCIL DECISION
            on the position to be taken on behalf of the European Union within the Working Group on Geographical indications set up by 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, as regards the adoption of its rules of procedure
            
               
         
         
            
               ANNEX
            
            
               DECISION NO 1. of the EU-KOREA WORKING GROUP ON GEOGRAPHICAL INDICATIONS 
            
            
               of 30 May 2018
            
            
               adopting its rules of procedure
            
            
               THE EU-KOREA WORKING GROUP ON GEOGRAPHICAL INDICATIONS,
            
            
               Having regard to 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
                  1
                 (hereinafter referred to as ‘the Agreement’),
            
            
               Having regard to Decision No 1 of the EU-Korea Trade Committee of 23 December 2011 on the adoption of the rules of procedure of the Trade Committee
                  2
               , and in particular Article 15.4 of the Annex thereto, 
            
            
               Whereas:
            
            
                (1)
                     Pursuant to Article 15.4 of the rules of procedure of the EU-Korea Trade Committee, adopted by Decision No 1 of the EU-Korea Trade Committee of 23 December 2011, each Specialised Committee and Working Group may establish its own rules of procedure which shall be reported to the Trade Committee.
            
            
               (2)
                     Rules of procedure of the Working Group on Geographical Indications should be established,
            
            
            
               HAS ADOPTED THIS DECISION:
            
            
            
               Article 1
            
            
            
               The rules of procedure of the Working Group on Geographical Indications, as set out in the Annex, are hereby adopted.
            
            
            
               Article 2
            
            
         
         
            
               This Decision shall enter into force on the date of its adoption.
            
            
            
            
               Done at …,
            
            
            
               For the Working Group on Geographical Indications
            
            
                     
                        Team Leader  
                     
                     
                        Ministry of Trade, Industry and Energy of the Republic of Korea
                     
                     
                        Co-chair of the Working Group on Geographical Indications
                     
                  
                  
                     
                        Head of Unit 
                     
                     
                        Directorate-General for Agriculture and Rural Development of the European Commission
                     
                     
                        Co-chair of the Working Group on Geographical Indications
                     
                  
               
            
            
               ANNEX
            
            
            
            
               RULES OF PROCEDURE OF THE WORKING GROUP ON GEOGRAPHICAL INDICATIONS
            
            
               Article 1
               Composition and Chair
            
            
               (1)The Working Group on Geographical Indications (‘the GI Working Group’) established pursuant to point (g) of Article 15.3(1) 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 (‘the Agreement’) shall perform its duties as provided for in Article 10.25 of the Agreement.
            
            
               (2)The GI Working Group shall be composed of representatives of the Republic of Korea (‘Korea’) on the one hand, and representatives of the European Union, on the other hand.
            
            
               (3)Pursuant to Article 15.3(3) of the Agreement, the GI Working Group shall be co-chaired by representatives of Korea and the European Union. 
            
            
               (4)Each co-chair may delegate all or any of the functions of co-chair to a nominated deputy, in which case all references hereafter to the co-chair shall apply equally to the nominated deputy.
            
            
               (5)Each co-chair shall designate a contact point for all matters relating to the GI Working Group. Those contact points shall be jointly responsible for the secretarial duties of the GI Working Group.
            
            
               Article 2
               Meetings
            
         
         
            
               Pursuant to Article 10.25(2) of the Agreement, the location of the meeting shall alternate between the Parties. The GI Working Group shall meet at a time and a place and in a manner which may include by videoconference, mutually agreed by the Parties, but not later than 90 days after the request by either Party. 
            
            
               Article 3
               Correspondence
            
            
               (1)Correspondence to the Chairpersons of the GI Working Group shall be forwarded to the contact points for circulation to the members of the Working Group. 
            
            
               (2)Correspondence may be by any written means, including electronic mail.
            
            
               (3)Pursuant to Article 15 of the Rules of Procedure of the Trade Committee, the latter shall be informed of the contact points designated by the GI Working Group. All correspondence, documents and communications including the exchange of e-mails between the contact points of the GI Working Group regarding the implementation of the Agreement shall be forwarded simultaneously to the Secretariat of the Trade Committee, the Delegation of the European Union to the Republic of Korea and the Mission of the Republic of Korea to the European Union.
            
            
               Article 4
               Agendas for the meetings
            
            
               (1)A provisional agenda shall be drawn up by the contact points prior to each meeting. It shall be forwarded, together with the relevant documents, to the members of the GI Working Group including the co-chairs’ of the GI Working Group no later than seven days before the meeting. The provisional agenda may include any item covered by Article 10.25 of the Agreement. 
            
            
               (2)Either Party may request items covered by Article 10.25 of the Agreement to be included in the provisional agenda at least 14 days before the meeting. Those items shall be included in the provisional agenda. 
            
            
               (3)A last version of the provisional agenda shall be circulated to the co-chairs at least five days before the meeting.
            
            
               (4)The agenda shall be adopted by the co-chairs unanimously at the beginning  of each meeting. Any item other than those appearing on the provisional agenda may be placed on the agenda if both co-chairs so agree.
            
            
               Article 5
               Requests for modifications of Annexes 10-A or 10-B to the Agreement
            
            
               (1)Either Party may request to add or remove individual geographical indications from Annexes 10-A or 10-B to the Agreement with a letter signed by the co-chair of the concerned Party.
            
            
               (2)Pursuant to Article 10.25(1) and (3) of the Agreement, the GI Working Group may decide by consensus to modify Annexes 10-A and 10-B to add individual geographical indications of the European Union or Korea after having completed the relevant procedure referred to in the Agreement. The GI Working Group may also decide by consensus to recommend the addition or removal of geographical indications for final decision in the Trade Committee in accordance with Article 10.21(4), Article 10.24 and Article 10.25.
            
            
               (3)Pursuant to Article 15.3(5) the Trade Committee may undertake the task assigned to the Working Group and decide to modify the above mentioned Annexes 10-A and 10-B. Further, pursuant to Article 15.5(2), the Trade Committee may decide to amend Annexes 10-A and 10-B and the parties may adopt the decision subject to their respective applicable legal requirements and procedures. 
            
            
               (4)The parties, by deciding to modify Annexes 10-A and 10-B, shall endeavour to take due account of the respective interests of both parties in respect of GIs.
            
            
               Article 6
               Decisions and Recommendations
            
            
               (1)The GI Working Group shall adopt recommendations and decisions by consensus as provided for in Article 10.25 of the Agreement. 
            
            
               (2)The recommendations of the GI Working Group within the meaning of Article 10.25 of the Agreement shall be addressed to the Parties and shall bear the signatures of the co-chairs. 
            
            
               (3)The decisions of the GI Working Group within the meaning of Article 10.25 of the Agreement shall bear the signatures of the cochairs. Each decision shall provide for the date of its entry into force. 
            
            
               (4)Decisions and recommendations adopted by the GI Working Group shall bear a serial number, the date of adoption and a description of their subject matter.
            
         
         
            
               Article 7
               Written procedure
            
            
               (1)A recommendation or a decision of the GI Working Group may be adopted by  written procedure where both Parties agree. The written procedure shall consist of an exchange of notes between the co-chairs of the GI Working Group.
            
            
               (2)The co-chair of the Party proposing the use of the written procedure shall submit the draft recommendation or decision to the co-chair of the other Party, who shall reply, indicating whether he or she accepts or does not accept the draft recommendation or decision. The co-chair of the other Party may also propose amendments or request further time for reflection. If the draft is agreed, it shall be adopted in accordance with Article 6.
            
            
               Article 8
               Minutes
            
            
               (1)The draft minutes of each meeting shall be drawn up by the contact points within 21 days from the meeting. The draft minutes shall state the recommendations and decisions adopted and note any other conclusions reached. 
            
            
               (2)The minutes shall be approved in writing by both Parties within 28 days from the  meeting or by any other date agreed by the Parties. Once approved, two original copies shall be signed by the co-chairs. An original copy of the minutes shall be kept by each co-chair.
            
            
               Article 9
               Reports
            
            
               The GI Working Group shall report to the Trade Committee on its activities at each regular meeting of the Trade Committee as provided for in Article 15.3(4) of the Agreement.
            
            
               Article 10
               Expenses
            
            
               (1)Each Party shall bear the expenses it incurs in taking part in the meetings of the GI Working Group.
            
            
               (2)Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
            
            
               Article 11
               Publicity and Confidentiality
            
            
               (1)Unless otherwise decided by the co-chairs, the meetings of the GI Working Group shall not be public.
            
            
               (2)When a Party submits information considered as confidential under its laws and regulations to the GI Working Group, the other Party shall treat that information as confidential as provided for in Article 15.1(7) of the Agreement.
            
            
               (3)Each Party may decide on the publication of the decisions and recommendations of the GI Working Group in its respective official publication.
            
            
         
         
            
                  
                     (1)
                  
                        OJ L 127, 14.5.2011, p. 6.
               
               
                  
                     (2)
                  
                        OJ L 58, 1.3.2013, p. 9.