CELEX: 52017PC0263
Language: en
Date: 2017-06-01
Title: Proposal for a COUNCIL DECISION laying down a simplified procedure for the drawing up of Union positions in the Council of Members of the International Olive Council

EUROPEAN COMMISSION
            Brussels, 1.6.2017
            COM(2017) 263 final
            2017/0108(NLE)
            Proposal for a
            COUNCIL DECISION
            laying down a simplified procedure for the drawing up of Union positions in the Council of Members of the International Olive Council
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               The International Agreement on Olive Oil and Table Olives, 2005
                  1
               , which was due to expire on 31 December 2014, was extended until 31 December 2015. In accordance with Article 47(3) thereof, the Agreement remained in force until the entry into force of the new Agreement. 
            
            
               On 19 November 2013, the Council authorised the Commission to open negotiations on behalf of the Union in order to conclude a new international agreement on olive oil and table olives.
            
            
               During the United Nations Conference for the Negotiation of a Successor Agreement to the International Agreement on Olive Oil and Table Olives, 2005, held at the Palais des Nations in Geneva from 5 to 9 October 2015, the representatives of 24 Member States of the United Nations Conference on Trade and Development (UNCTAD) and two intergovernmental organisations drew up the text of the new Agreement. 
            
            
               The text of the Agreement, which was negotiated in consultation with the Working Party on Commodities (PROBA), duly reflects the negotiating directives issued by the Council. 
            
            
               In accordance with Council Decision (EU) 2016/1892 of 10 October 2016
                  2
               , the International Agreement on Olive Oil and Table Olives, 2015 was signed on behalf of the Union on 28 November 2016 at the United Nations Headquarters in New York, subject to its conclusion at a later date. 
            
            
               The new Agreement entered into force provisionally on 1 January 2017 in accordance with Article 31(2) thereof, and was approved by Council Decision [2017/…]
                  3
               .
            
            
               Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union, the position to be adopted on behalf of the Union in bodies set up by an international agreement when they are called upon to adopt acts having legal effects, with the exception of acts supplementing or amending their institutional framework, must be adopted by Council Decision, on a proposal from the Commission.
            
            
               The Agreement establishes a decision-making body, called the ‘Council of Members’, which exercises all powers and performs all the functions necessary to achieve the objectives of the Agreement. In order to facilitate the adoption of decisions by the Council of Members, and ensure the effective functioning of the Agreement, it is necessary to draw up the general principles governing the Union’s position as well as a simplified internal procedure for the drawing up of the Union’s position within the Council of Members as regards certain decisions having legal effects that do not modify the institutional framework of the Agreement. 
            
            
               2.PROPOSAL
            
            
               In the light of the above, the Commission proposes that the Council provide for a simplified procedure allowing the Commission to draw up certain positions to be adopted on behalf of the Union in the Council of Members with regard to certain decisions having legal effects that do not modify the institutional framework of the Agreement. The conditions to be complied with and the procedure to be followed by the Commission are set out in the Annex. The Union’s positions with respect to decisions of the Council of Members having legal effects, for which the Annex does not provide for application of the simplified procedure, shall be drawn up by the Council of the European Union.
            
            
               3.BUDGETARY IMPLICATIONS
            
            
               This proposal for a simplified procedure does not have any budgetary implications. 
            
            
            
               2017/0108 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               laying down a simplified procedure for the drawing up of Union positions in the Council of Members of the International Olive Council
            
         
         
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4) in conjunction with Article 218(9) thereof, 
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)On 19 November 2013, the Council authorised the Commission to open negotiations on behalf of the Union in order to conclude a new international agreement on olive oil and table olives
                  4
               .
            
            
               (2)The text of the new International Agreement on Olive Oil and Table Olives was adopted on 9 October 2015 by the representatives of 24 Member States of the United Nations Conference on Trade and Development (UNCTAD) and two intergovernmental organisations during the United Nations Conference for the Negotiation of a Successor Agreement to the International Agreement on Olive Oil and Table Olives, 2005. 
            
            
               (3)In accordance with Council Decision (EU) 2016/1892 of 10 October 2016
                  5
               , the International Agreement on Olive Oil and Table Olives, 2015 (hereinafter referred to as ‘the Agreement’) was signed on behalf of the Union on 28 November 2016 at the United Nations Headquarters in New York, subject to its conclusion at a later date.
            
            
               (4)The Agreement entered into force provisionally on 1 January 2017 in accordance with Article 31(2) thereof, and was approved by Council Decision (EU) [2017/..]
                  6
               . 
            
            
               (5)In order to facilitate the adoption of decisions by the Council of Members of the International Olive Council, called the ‘Council of Members’, and ensure the effective functioning of the Agreement, it is necessary to draw up the general principles governing the Union’s position as well as a simplified internal procedure for the drawing up of the Union’s position within the Council of Members as regards certain decisions having legal effects that do not modify the institutional framework of the Agreement. 
            
            
               (6)In order to have the expertise of the Member States, and in order to ensure maximum coherence between the decisions of the Council of Members and the Union rules that will be adopted by means of a delegated act following the decisions of the Council of Members, the Commission, under the simplified procedure, should be assisted by representatives of the Member States, who should be informed from the moment it prepares the positions it plans to take in the name of the Union. As regards the standards applicable to the international trade in olive oil or table olives and the international quality guarantee label ensuring compliance with the international standards of the International Olive Council, provision should be made that if a number of Member States equivalent to the blocking minority laid down by the second paragraph of Article 238(3)(a) of the Treaty oppose the position drawn up by the Commission, the simplified procedure no longer applies. In this case, the Commission should present a proposal for a Council decision, in accordance with Article 218(9) of the Treaty, 
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Where the Council of Members set up by the Agreement is called upon to adopt decisions on the issues listed in points 2 and 3 of Part A of the Annex, the Union’s position shall be established in accordance with the general principles laid down in part A of the Annex and specified by the Commission under the conditions and according to the procedure set out in Part B of the Annex.  
            
            
               Article 2
            
            
               This Decision shall enter into force on the date of its adoption.
            
            
               It shall apply until 31 December 2026.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  OJ L 302, 19.11.2005, p. 47.
               
               
                  
                     (2)
                  Council Decision (EU) 2016/1892 of 10 October 2016 on the signing, on behalf of the European Union, and provisional application of the International Agreement on Olive Oil and Table Olives, 2015 (OJ L 193, 28.10.2016, p. 2).
               
               
                  
                     (3)
                  Council Decision […/2017] of […] on the conclusion of the International Agreement on Olive Oil and Table Olives, 2015 [OJ….] 
               
               
                  
                     (4)
                  COM(2013) 646 final, 19.9.2013.
               
               
                  
                     (5)
                  Council Decision (EU) 2016/1892 of 10 October 2016 on the signing, on behalf of the European Union, and provisional application of the International Agreement on Olive Oil and Table Olives, 2015 (OJ L 293, 28.10.2016, p. 2).
               
               
                  
                     (6)
                  Council Decision (EU) [2017/…] of [...] concerning the conclusion of the International Agreement on Olive Oil and Table Olives, 2015 [OJ...] 
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 1.6.2017
            COM(2017) 263 final
            ANNEXES
            to the
            Proposal for a
            Council Decision laying down a simplified procedure for the drawing up of Union positions in the Council of Members of the International Olive Council
            
               
         
         
            
               ANNEX
            
            
               A. General principles governing the Union’s position on draft decisions of the Council of Members, referred to in Article 1.  
            
            
               1.
                     With respect to draft decisions of the Council of Members referred to in points 2 and 3, the Union’s position should be formulated in such a way that these decisions:
            
            
               a)
                     are in the interests of the Union;
            
            
               b)
                     serve the objectives pursued by the Union within the framework of its trade policy; 
            
            
               c)
                     are not contrary to EU law or international law, and in particular are not contrary to Regulation (EU) No 1308/2013 of the Parliament and of the Council
                  1
               , without prejudice to the Commission’s right to adapt,  by delegated or implementing act, the Union’s rules to the decisions adopted by the Council of Members. 
            
            
               2.If the draft decisions of the Council of Members relate to issues listed in point 2.1, the Union’s position shall be in accordance with point 2.2.
            
            
               2.1. Issues concerned:
            
            
               a)
                     Definition of standards for quality and purity applicable to the international trade of the Members, in accordance with Article 20(3) of the Agreement; 
            
            
               b)
                     Application of the international quality guarantee label ensuring compliance with the international standards of the International Olive Council, in accordance with Article 21 of the Agreement,
            
            
               2.2. Union position: 
            
            
               a)
                     It seeks to improve and standardise the Members’ national laws and the international rules relating to the physico-chemical and organoleptic characteristics of olive products, taking into account the interests of producers, traders and consumers;
            
            
               b)
                     It reflects technical developments and research in the olive sector in order to improve the methods of chemical analysis and organoleptic evaluation;
            
            
               c)
                     It helps to improve the quality of olive products;
            
            
               d)
                     It avoids creating obstacles to innovation;
            
            
               e)
                     It serves the common interests of all members.
            
            
               3.If the draft decisions of the Council of Members relate to issues listed in point 3.1, the Union’s position shall be in accordance with point 3.2. 
            
            
               3.1. Issues concerned: 
            
            
               a)
                     Adoption or amendment of the rules necessary for the functioning of the International Olive Council as provided for in points (i), (ii) and (iii) of Article 7(1)(c), Article 13(4) and Article 21 of the Agreement;
            
         
         
            
               b)
                     Application of the voting and representation procedures to members who have not paid their membership fees as provided for in Article 10(5) of the Agreement, and adoption of any decision considered necessary after a failure to pay, as provided for in Article 16(6) and (8) of the Agreement;
            
            
               c)
                     Settlement of disputes concerning the interpretation or application of the Agreement, as provided for in Article 26 of the Agreement; 
            
            
               d)
                     Definition of the conditions relating to the accession of a new member, as provided for in Article 29(1) of the Agreement,
            
            
               3.2. Union position: 
            
            
               a)
                     It takes into account the globalisation of the olive market and seeks to strengthen and enlarge the organisation to include new members, on both the supply and demand sides;
            
            
               b)
                     It prioritises international activities that concern fundamental shared interests, such as an international marketing standard and common inspection methods to improve and ensure quality;
            
            
               c)
                     It preserves a clear decision-making process that meets the needs and aims of the organisation, in the light of the interests of all the Members;
            
            
               d)
                     It ensures that organisational aspects continue to be improved;
            
            
               e)
                     It contributes to establishing an organisational structure that promotes achievement of the objectives of the Agreement;
            
            
               f)
                     It ensures rigorous and efficient management of budgetary and financial control, guarantees the protection of the Union’s - and the organisation’s -  financial interests, and increases transparency in financial matters.
            
            
               B. Simplified internal procedure for drawing up the Union’s position in the Council of Members.
            
            
               Before representing the Union’s position in the Council of Members of the International Olive Council, the Commission shall draw up this position and inform the representatives of the Member States within an appropriate time period of the position the Union has thus drawn up. 
            
            
               If, for decisions referred to in point 2 of Part A, a number of Member States equivalent to the blocking minority laid down by the second paragraph of Article 238(3)(a) of the Treaty oppose the position established by the Commission, the Commission shall submit a proposal for a Council decision in accordance with Article 218(9) of the Treaty.
            
         
         
            
                  
                     (1)
                  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).