CELEX: 52015PC0197
Language: en
Date: 2015-05-11
Title: Proposal for a COUNCIL DECISION on the Union position to be taken in the Trade and Sustainable Development Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part

EUROPEAN
                             COMMISSION
                                                    Brussels, 11.5.2015
                                                    COM(2015) 197 final
                                                    ANNEX 1
                                            ANNEX
                                             to the
                               Proposal for a Council Decision
      on the Union position to be taken in the Trade and Sustainable Development Sub-
    Committee established by the Association Agreement between the European Union and
   the European Atomic Energy Community and their Member States, of the one part, and
                          the Republic of Moldova, of the other part
EN                                                                                    EN
 ---pagebreak---                                                ANNEX
                                               DRAFT
        DECISION No 1/2015 OF THE EU-REPUBLIC OF MOLDOVA TRADE AND
                     SUSTAINABLE DEVELOPMENT SUB-COMMITTEE
                                              of … 2015
                                   adopting its rules of procedure
   THE EU-REPUBLIC OF MOLDOVA TRADE AND SUSTAINABLE DEVELOPMENT
   SUB-COMMITTEE,
   Having regard to the Association Agreement between the European Union and the European
   Atomic Energy Community and their Member States, of the one part, and the Republic of
   Moldova, of the other part, (“the Agreement”) and in particular Article 376 thereof,
   Whereas:
   (1)     In accordance with its Article 464, parts of the Agreement are applied provisionally as
           of 1 September 2014.
   (2)     Article 376(3) of the Agreement provides that the Trade and Sustainable Development
           Sub-Committee meets in order to oversee the implementation of Chapter 13 (Trade
           and Sustainable Development) of Title V (Trade and Trade-related Matters) of the
           Agreement.
   (3)     Article 376(3) of the Agreement provides that the Trade and Sustainable Development
           Sub-Committee shall establish its own rules of procedure.
   HAS DECIDED AS FOLLOWS:
                                               Article 1
   The Rules of Procedure of the Trade and Sustainable Development Sub-Committee, as set out
   in the Appendix, are hereby adopted.
                                               Article 2
   This Decision shall enter into force on the date of its adoption.
   Done at …, ….
                                                     For the Trade and Sustainable Development
                                                     Sub-Committee
                                                     The Chair
EN                                                 2                                               EN
 ---pagebreak---                                                                                        Appendix
    Rules of Procedure of the EU-Republic of Moldova Trade and Sustainable
                                 Development Sub-Committee
                                               Article 1
                                          General provisions
   1.       The Trade and Sustainable Development Sub-Committee established in accordance
            with Article 376 of the Association Agreement between the European Union and the
            European Atomic Energy Community and their Member States, of the one part, and
            the Republic of Moldova, of the other part ("the Agreement") shall assist the
            Association Committee in Trade configuration, as set out in Article 438(4) of the
            Agreement, in the performance of its duties.
   2.       The Trade and Sustainable Development Sub-Committee shall perform the functions
            set out in Chapter 13 (Trade and Sustainable Development) of Title V (Trade and
            trade-related matters) of the Agreement.
   3.       The Trade and Sustainable Development Sub-Committee shall be composed of
            representatives of the European Commission and of the Republic of Moldova,
            responsible for trade and sustainable development matters.
   4.       A representative of the European Commission or of the Republic of Moldova who is
            responsible for trade and sustainable development matters shall act as Chair of the
            Trade and Sustainable Development Sub-Committee in accordance with Article 2.
   5.       The term "the Parties" in these Rules of Procedure shall be defined as provided for in
            Article 461 of the Agreement.
                                               Article 2
                                          Specific provisions
   1.       Articles 2 to 14 of the Rules of Procedure of the EU-Republic of Moldova
            Association Committee shall apply, unless otherwise provided for in these Rules of
            Procedure.
   2.       The references to the Association Council shall be read as references to the
            Association Committee in Trade configuration. The references to the Association
            Committee or the Association Committee in Trade configuration shall be read as
            references to the Trade and Sustainable Development Sub-Committee.
                                               Article 3
                                              Meetings
   The Trade and Sustainable Development Sub-Committee shall meet as necessary. The Parties
   shall aim to meet once per year.
                                               Article 4
                                  Amendment of Rules of Procedure
EN                                                 3                                               EN
 ---pagebreak---    These Rules of Procedure may be amended by a decision of the EU-Republic of Moldova
   Trade and Sustainable Development Sub-Committee in accordance with Article 376 of the
   Agreement.
EN                                         4                                             EN
 ---pagebreak---                                                DRAFT
        DECISION No 2/2015 OF THE EU-REPUBLIC OF MOLDOVA TRADE AND
                     SUSTAINABLE DEVELOPMENT SUB-COMMITTEE
                                              of … 2015
                 adopting the list of experts on trade and sustainable development
   THE EU-REPUBLIC OF MOLDOVA TRADE AND SUSTAINABLE DEVELOPMENT
   SUB-COMMITTEE,
   Having regard to the Association Agreement between the European Union and the European
   Atomic Energy Community and their Member States, of the one part, and the Republic of
   Moldova, of the other part, (“the Agreement”) and in particular Article 379 thereof,
   Whereas:
   (1)     In accordance with its Article 464, parts of the Agreement are applied provisionally as
           of 1 September 2014.
   (2)     Article 379(3) of the Agreement provides that the Trade and Sustainable Development
           Sub-Committee shall establish a list of at least 15 individuals who are willing and able
           to serve as experts in panel procedures.
   HAS DECIDED AS FOLLOWS:
                                               Article 1
   The list of individuals who are willing and able to serve as experts in panel procedures for the
   purposes of Article 379 of the Agreement is set out in the Appendix to this Decision.
                                               Article 2
   This Decision shall enter into force on the date of its adoption.
   Done at …, ….
                                                     For the Trade and Sustainable Development
                                                     Sub-Committee
                                                     The Chair
EN                                                 5                                                EN
 ---pagebreak---                                                            Appendix
         LIST OF EXPERTS ON TRADE AND SUSTAINABLE DEVELOPMENT
   Experts proposed by the Republic of Moldova
   1.      Iurie BEJAN
   2.      Maria Ion NEDEALCOV
   3.      Alexandru STRATAN
   4.      Dorin JOSANU
   5.      Nicolae SADOVEI
   Experts proposed by the EU
   1.      Eddy LAURIJSSEN
   2.      Jorge CARDONA
   3.      Karin LUKAS
   4.      Hélène RUIZ FABRI
   5.      Laurence BOISSON DE CHAZOURNES
   6.      Geert VAN CALSTER
   7.      Joost PAUWELYN
   Chairpersons
   1.      Jill MURRAY (Australia)
   2.      Janice BELLACE (United States)
   3.      Ross WILSON (New Zealand)
   4.      Arthur APPLETON (United States)
   5.      Nathalie BERNASCONI (Switzerland)
EN                                          6                       EN
 ---documentbreak---                              EUROPEAN
                             COMMISSION
                                                      Brussels, 11.5.2015
                                                      COM(2015) 197 final
                                                      2015/0102 (NLE)
                                         Proposal for a
                                    COUNCIL DECISION
      on the Union position to be taken in the Trade and Sustainable Development Sub-
    Committee established by the Association Agreement between the European Union and
   the European Atomic Energy Community and their Member States, of the one part, and
                          the Republic of Moldova, of the other part
EN                                                                                    EN
 ---pagebreak---                                   EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE PROPOSAL
   The attached proposal constitutes the legal instrument for authorising the Union position to be
   taken in the Trade and Sustainable Development Sub-Committee established by the
   Association Agreement between the European Union and the European Atomic Energy
   Community and their Member States, of the one part, and the Republic of Moldova, of the
   other part ("the Agreement"), in relation to the adoption, respectively, of the rules of
   procedure of the Trade and Sustainable Development Sub-Committee and of a list of
   individuals who are willing and able to serve as experts in panel procedures on trade and
   sustainable development.
   On 16 June 2014, the Council adopted its decision1 on the signing, on behalf of the European
   Union and the European Atomic Energy Community and their Member States, and
   provisional application of certain provisions of the Agreement, including its Deep and
   Comprehensive Free Trade Area (DCFTA) part. Subsequently, the Agreement was signed in
   Brussels on 27 June 2014.
   The Republic of Moldova ratified the Agreement on 2 July 2014 and completed, in parallel
   with the European Union, the requisite notification procedures within the same month.
   Consequently, in accordance with Article 464 of the Agreement certain provisions thereof
   (specified in Article 3 of the Council Decision 2014/492/EU) are applied on a provisional
   basis starting from 1 September 2014, pending ratification by the EU Member States.
   The Agreement established a specific Trade and Sustainable Development Sub-Committee,
   which monitors the implementation of the Trade and Sustainable Development chapter of the
   DCFTA. In accordance with Article 376 of the Agreement, the Sub-Committee has to adopt
   its rules of procedure. Furthermore, in accordance with Article 379 of the Agreement, that
   Sub-Committee is to adopt, at its first meeting, a list of individuals to serve as experts in panel
   procedures on trade and sustainable development. The first meeting of that Sub-Committee is
   intended to take place in June-July 2015.
   2.        RESULTS OF THE NEGOTIATIONS
   In accordance with Article 376 of the Agreement, the Commission, acting on behalf of the
   Union, and the Government of the Republic of Moldova negotiated the rules of procedure of
   the Trade and Sustainable Development Sub-Committee. The draft rules express the intention
   to rely on the rules of procedure adopted by the Association Committee.
   Furthermore, in accordance with Article 379 of the Agreement, the Commission, acting on
   behalf of the Union, and the Government of the Republic of Moldova negotiated a list of
   individuals who are willing and able to serve as experts in panel procedures on trade and
   sustainable development. The list is to be adopted at the first meeting of the Sub-Committee.
   The list provides for seven EU candidate experts, five Republic of Moldova candidate experts
   and five third-country nationals, candidate chairs.
   3.        LEGAL ELEMENTS OF THE PROPOSAL
   The legal basis for authorising the Union position to be taken in the committees or sub-
   committees established by the Association Agreement between the EU and the Republic of
   1
           OJ L 260, 30.8.2014, p. 1.
EN                                                2                                                    EN
 ---pagebreak---    Moldova is the Treaty on the Functioning of the European Union, and in particular its Article
   207(4) in conjunction with Article 218(9) thereof.
   In light of the above-mentioned results of negotiations, on the basis of Article 207(4) and
   Article 218(9) TFEU, the European Commission proposes that the Council adopts the
   Decision authorising the Union position to be taken in the EU-Republic of Moldova Trade
   and Sustainable Development Sub-Committee.
EN                                               3                                               EN
 ---pagebreak---                                                                2015/0102 (NLE)
                                                Proposal for a
                                             COUNCIL DECISION
        on the Union position to be taken in the Trade and Sustainable Development Sub-
     Committee established by the Association Agreement between the European Union and
   the European Atomic Energy Community and their Member States, of the one part, and
                                 the Republic of Moldova, of the other part
   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)     Article 464(3) and (4) of the Association Agreement between the European Union and
           the European Atomic Energy Community and their Member States, of the one part,
           and the Republic of Moldova, of the other part, (“the Agreement”) provide for
           provisional application of the Agreement in part.
   (2)     Article 3 of Council Decision 2014/492/EU2 of 16 June 2014 specifies the provisions
           of the Agreement to be applied provisionally, including the provisions on the
           establishment and functioning of the Trade and Sustainable Development Sub-
           Committee and on trade and sustainable development.
   (3)     Article 376(3) of the Agreement provides that the Trade and Sustainable Development
           Sub-Committee is to establish its rules of procedure.
   (4)     Article 379(3) of the Agreement provides that the Trade and Sustainable Development
           Sub-Committee is to agree at its first meeting on the list of individuals who are willing
           and able to serve as experts in panel procedures on trade and sustainable development.
   (5)     It is therefore appropriate to determine the Union position in relation to the rules of
           procedure of the Trade and Sustainable Development Sub-Committee and the list of
           individuals who are willing and able to serve as experts in panel procedures on trade
           and sustainable development,
   HAS ADOPTED THIS DECISION:
                                                   Article 1
   1.        The position to be taken by the Union within the Trade and Sustainable Development
             Sub-Committee established by Article 376 of the Association Agreement between
             the European Union and the European Atomic Energy Community and their Member
   2
            Council Decision of 16 June 2014 on the signing, on behalf of the European Union, and provisional
            application of the Association Agreement between the European Union and the European Atomic
            Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other
            part (OJ L 260, 30.8.2014, p.1).
EN                                                     4                                                         EN
 ---pagebreak---            States, of the one part, and the Republic of Moldova, of the other part, in relation to
           the adoption of the rules of procedure of the Trade and Sustainable Development
           Sub-Committee and of the list of individuals who are willing and able to serve as
           experts in panel procedures on trade and sustainable development shall be based on
           the draft decisions of that Sub-Committee attached to this Decision.
   2.      Minor changes to the draft decisions may be agreed to by the representatives of the
           Union in the Trade and Sustainable Development Sub-Committee without further
           decision of the Council.
                                               Article 2
   This Decision shall enter into force on the day of its adoption.
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                 5                                               EN