CELEX: 52020PC0374
Language: en
Date: 2020-08-13
Title: Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the Trade Committee established under the Interim Partnership Agreement between the European Community, on the one part, and the Pacific States, on the other part, as regard the establishment of the Rules of Procedure of the Trade Committee and the Rules of Procedure of the Special Committees

EUROPEAN COMMISSION
            Brussels, 13.8.2020
            COM(2020) 374 final
            2020/0175(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be adopted, on behalf of the European Union, in the Trade Committee established under the Interim Partnership Agreement between the European Community, on the one part, and the Pacific States, on the other part, as regard the establishment of the Rules of Procedure of the Trade Committee and the Rules of Procedure of the Special Committees
            
               
         
         
            
               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 EU-Pacific Trade Committee established by the Interim Partnership Agreement between the European Community, on the one part, and the Pacific States, on the other part, concerning the adoption of the Rules of Procedure of the Trade Committee and the Rules of Procedure of the Special Committees.
            
            
               2.Context of the proposal
            
            
               2.1.The Interim Partnership Agreement between the European Community, on the one part, and the Pacific States, on the other part
            
            
               On 30 July 2009 the EU signed the Interim Partnership Agreement
                  1
               , which establishes a framework for an Economic Partnership Agreement (hereinafter the ‘Agreement’) between the European Community, of the one part, and the Pacific States, of the other part.
            
            
               The Agreement has been provisionally applied by Papua New Guinea (PNG) since 20 December 2009, Fiji since 28 July 2014, Samoa since 31 December 2018 and Solomon Islands since 17 May 2020.
            
            
               The Agreement aims to:
            
            
               (a)enable Pacific States to benefit from the improved market access offered by the EU
            
            
               (b)promote sustainable development and the gradual integration of Pacific States into the world economy;
            
            
               (c)establish a free trade area between the Parties based on the common interest, through the progressive liberalisation of trade in a manner compliant with applicable WTO rules and the principle of asymmetry, taking account of the specific needs and capacity constraints of the Pacific States, in terms of levels and timing for commitments;
            
            
               (d)set up the appropriate dispute settlement arrangements; and
            
            
               (e)set up the appropriate institutional arrangements.
            
            
               2.2.The EU-Pacific Trade Committee
            
            
               Composed of representatives of the EU and the Pacific States (Fiji, PNG, Samoa and Solomon Islands), the Trade Committee shall establish its rules of procedure and be co-chaired by a representative of the EU Party and a representative of the Pacific States. The two co-chairs shall alternate in presiding the meetings. The person presiding a meeting is considered ‘presiding co-chair’ for the purposes of the Agreement until the moment in time when the next meeting commences and the role of a presiding co-chair is assumed by the other Party.
            
            
               The Trade Committee deals with all matters necessary for the implementation of the Agreement. In the performance of its functions, the Trade Committee may (a) set up and oversee any special committees or bodies necessary for the implementation of the Agreement, (b) meet at any time agreed by the Parties, (c) consider any issues under the Agreement and take appropriate action in the exercise of its functions, and (d) take decisions or make recommendations in cases provided for in the Agreement.
            
            
               The EU-Pacific Trade Committee will delegate specific implementing decision-making powers to the special committees as provided for in the relevant provisions of the Agreement, in particular the Special Committee on Customs Cooperation and Rules of Origin.
            
            
               2.3.The envisaged act of the EU-Pacific Trade Committee
            
            
               In the last quarter of 2020, during its eighth meeting, the EU-Pacific Trade Committee is to adopt a Decision establishing the Rules of Procedure of the EU-Pacific Trade Committee and of the Special Committees (‘the envisaged act’).
            
         
         
            
               The purpose of the envisaged act is to lay down the rules, binding on the Parties, governing the organisation and functioning of the EU-Pacific Trade Committee and related sub-structures as specified under the provisions of the Agreement (Article 68).
            
            
               3.Position to be taken on the Union's behalf
            
            
               Article 68 provides that the EU-Pacific Trade Committee shall establish its rules of procedure.
            
            
               The proposed Council Decision establishes the Union position to be taken regarding the adoption of the Rules of Procedure of the EU-Pacific Trade Committee and of the Special Committees, thus fulfilling the EU's obligations under the provisions of the interim Agreement.
            
            
               Such position shall be based on the Draft Decision of the EU-Pacific Trade Committee attached to the draft Council Decision. The Annex to the EU-Pacific Trade Committee Decision lays down the requirements for the role and name of the EU-Pacific Trade Committee, the composition and chair, the secretariat, the meetings, the delegations, the documents, the correspondence, the agenda for the meetings, the invitation of experts, the minutes, the decisions and recommendations, the transparency, the languages, the expenses, the special Committees or bodies and the amendments of the Rules of Procedure.
            
            
               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’.
            
            
               4.1.2.
                     Application to the present case
            
            
               The Trade Committee is a body set up by the Economic Partnership Agreement.
            
            
               The act that the EU-Pacific Trade Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 68 of the 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 substantive legal basis for the EU’s decision of 15 February 2011 to conclude the Agreement is Article 207 TFEU. Moreover, the main objective and content of the envisaged act relate to the common commercial policy. Hence, the subject matter of the envisaged act concerns an area for which the Union has an exclusive external competence by virtue of Article 3(2) of the TFEU.
            
         
         
            
               Therefore, the substantive legal basis of the proposed decision is the first subparagraph of Article 207(4) TFEU.
            
            
               4.3.Conclusion
            
            
               The legal basis of the proposed decision should be the first subparagraph of Article 207(4), in conjunction with Article 218(9) TFEU. 
            
            
               5.Publication of the envisaged act
            
            
               As the act of the EU-Pacific Trade Committee will implement the Economic Partnership Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
            
            
               2020/0175 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be adopted, on behalf of the European Union, in the Trade Committee established under the Interim Partnership Agreement between the European Community, on the one part, and the Pacific States, on the other part, as regard the establishment of the Rules of Procedure of the Trade Committee and the Rules of Procedure of the Special Committees
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)On 30 July 2009 the Union signed the Interim Partnership Agreement, which establishes a framework for an Economic Partnership Agreement (hereinafter the ‘Agreement’) between the European Communiy, of the one part, and the Pacific States, of the other part
                  2
               . The Agreement has been provisionally applied by Papua New Guinea since 20 December 2009, Fiji since 28 July 2014, Samoa since 31 December 2018 and Solomon Islands since 17 May 2020.
            
            
               (2)Article 68 of the Agreement establishes a EU-Pacific Trade Committee, which shall deal with all matters necessary for the implementation of the Agreement.
            
            
               (3)Article 68 provides that the EU-Pacific Trade Committee shall establish its rules of procedure, and will delegate specific implementing decision-making powers to the Special Committees as provided for in the relevant provisions of the Agreement.
            
            
               (4)The EU-Pacific Trade Committee, during its eighth meeting, will adopt its rules of procedure and those of the Special Committees.
            
            
               (5)The European Union should determine the position to be taken regarding the adoption of such rules of procedure,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
         
         
            
               The position to be taken on behalf of the Union in the eighth meeting of the EU-Pacific Trade Committee as regard the Rules of Procedure of the EU-Pacific Trade Committee and of the Special Committees shall be based on the draft Decision of the EU-Pacific Trade Committee attached to this Decision.
            
            
               Article 2
            
            
               After its adoption, the Decision of the EU-Pacific Trade Committee shall be published in the Official Journal of the European Union.
            
            
               Article 3
            
            
               This Decision shall enter into force on the date of its adoption.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        Council Decision of 13 July 2009 on the signature and provisional application of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (OJ L 272, 16.10.2009, p. 1).
               
               
                  
                     (2)
                  
                        OJ L 272, 16.10.2009, p. 1.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 13.8.2020
            COM(2020) 374 final
            ANNEX
            to the
            Proposal for a Council Decision
            on the position to be adopted, on behalf of the European Union, in the Trade Committee established under the Interim Partnership Agreement between the European Community, on the one part, and the Pacific States, on the other part, as regard the establishment of the Rules of Procedure of the Trade Committee and the Rules of Procedure of the Special Committees
            
               
         
         
            
               DRAFT
            
            
               DECISION No XX/2020 OF THE TRADE COMMITTEE SET UP BY THE INTERIM PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, OF THE ONE PART, AND THE PACIFIC STATES, OF THE OTHER PART
            
            
               of …
            
            
               as regards the adoption of the Rules of Procedure of the EU-Pacific Trade Committee and of the Special Committees
            
            
               THE EU-PACIFIC TRADE COMMITTEE,
            
            
               Having regard to the Interim Partnership Agreement, which establishes a framework for an Economic Partnership Agreement (hereinafter the 'Agreement') between the European Community, of the one part, and the Pacific States, of the other part
                  1
               , signed in London on 30 July 2009, and in particular Article 68 thereof,
            
            
               Whereas:
            
            
               (1)Article 68 of the Agreement establishes EU-Pacific Trade Committee and provides that the EU-Pacific Trade Committee shall establish its rules of procedure.
            
            
               (2)Article 68 provides further that the EU-Pacific Trade Committee will delegate specific implementing decision-making powers to the Special Committees as provided for in the relevant provisions of the Agreement.
            
            
               HAS DECIDED AS FOLLOWS:
            
            
               The Rules of Procedure of the EU-Pacific Trade Committee and of the Special Committees are established as set out in the Annex.
            
            
               Done at …,
            
            
                     
                        
                           For the EU-Pacific Trade Committee
                        
                     
                  
               
                     
                        On behalf of the Union
                     
                  
                  
                     
                        On behalf of the Pacific States
                     
                  
               
               Annex
            
            
               RULES OF PROCEDURE OF THE EU-PACIFIC TRADE COMMITTEE
            
            
               established by Article 68 of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part
            
            
               Article 1
            
            
               Role and Name of the EU-Pacific Trade Committee
            
            
               1.The Committee established pursuant to Article 68 of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, (hereafter referred to as “Agreement”) is responsible for all matters referred to in Article 68 of the Agreement.
            
         
         
            
               2.The above Committee shall be referred to in documents of the Committee, including decisions and recommentdations, as “EU-Pacific Trade Committee”.
            
            
               Article 2
            
            
               Composition and Chair
            
            
               1.Pursuant to Article 68(1) of the Agreement, the EU-Pacific Trade Committee is composed of representatives of the the European Union and of the Pacific States.
            
            
               2.Representation of the Parties shall normally be at senior official level, or exceptionally at ministerial level whenever the Parties agree that the circumstances so require.
            
            
               3.The EU-Pacific Trade Committee at ministerial level shall be co-chaired by the Member of the European Commission in charge of trade and by the representative of one of the Pacific States at ministerial level or their respective designees. The Pacific States shall exercise this function by rotating in accordance with the alphabetical order every 12 months. The first rotation shall begin on the date of adoption of the rules of procedure of the EU-Pacific Trade Committee and end on 31 December of the following year.
            
            
               4.The EU-Pacific Trade Committee at senior official level shall be co-chaired by a senior official of the European Commission representing the European Union and by a senior official of the Pacific State representing the Pacific States. The Pacific States shall exercise this function by rotating in accordance with the alphabetical order every 12 months. The first rotation shall begin on the date of adoption of the rules of procedure of the EU-Pacific Trade Committee and end on 31 December of the following year.
            
            
               5.The co-chairs of each Party shall have the necessary powers to represent the European Union or the Pacific States, respectively.
            
            
               6.Each Party shall notify to the other Party the name, position and contact details of the senior official who is in charge of co-chairing the EU-Pacific Trade Committee for that Party. This senior official is deemed to have the authorisation of representing the Party until the date the Party has notified to the other Party a new co-chair.
            
            
               Article 3
            
            
               Secretariat
            
            
               1.An official of the European Commission and of the Pacific States shall act together as Secretary of the EU-Pacific Trade Committee. The Pacific States shall exercise this function by rotating in accordance with the alphabetical order every 12 months. The first rotation shall begin on the date of adoption of the rules of procedure of the EU-Pacific Trade Committee and end on 31 December of the following year.
            
            
               2.Each Party shall notify to the other Party the name, position and contact details of the official who is the Secretary of the EU-Pacific Trade Committee for that Party. This official is deemed to continue acting as Secretary for the Party until the date the Party has notified to the other Party a new Secretary.
            
            
               Article 4
            
            
               Meetings
            
            
               1.The EU-Pacific Trade Committee shall meet once a year, unless the co-chairs decide otherwise, or in urgent cases at the request of either Party.
            
            
               2.The meetings shall be held at an agreed date and time alternately in Brussels and in one of the capitals of the Pacific States on a rotation basis, unless agreed otherwise by the co-chairs.
            
            
               3.The meetings shall be convened by the presiding co-chair of the Party hosting the meeting.
            
            
               4.A meeting may be held in person, by videoconference or teleconference.
            
            
               5.Countries which have officially expressed their intention to accede to the Agreement may participate in the meetings as observers if the Parties agree.
            
         
         
            
               Article 5
            
            
               Delegations
            
            
               30 days before the meeting, the Secretary of the EU-Pacific Trade Committee for each Party shall inform the Secretary for the other Party of the intended composition of the delegations of the European Union and of the Pacific States respectively. The list shall specify the name and function of each member of the delegation.
            
            
               Article 6
            
            
               Documents
            
            
               Where the deliberations of the EU-Pacific Trade Committee are based on written supporting documents, such documents shall be numbered and circulated as documents of the EU-Pacific Trade Committee by the Secretary.
            
            
               Article 7
            
            
               Correspondence
            
            
               1.All correspondence addressed to the EU-Pacific Trade Committee shall be directed to the Secretary.
            
            
               2.Correspondence from the EU-Pacific Trade Committee shall be distributed to the Parties by the Secretary.
            
            
               Article 8
            
            
               Agenda for the meetings
            
            
               1.A reasonable period of time in advance of a meeting, but not less than sixty days before, a provisional agenda for each meeting shall be drawn up by the Secretary of the EU-Pacific Trade Committee on the basis of a proposal made by the Party hosting the meeting with at least fourteen calendar days of deadline for each of the other Parties to provide comments.
            
            
               2.The agenda shall be adopted by the EU-Pacific Trade Committee at the beginning of each meeting. Items not appearing on the provisional agenda may be placed on the agenda by concensus.
            
            
               Article 9
            
            
               Invitation of experts
            
            
               The co-chairs of the EU-Pacific Trade Committee, by mutual agreement, may invite experts (i.e. non-government officials) to attend the meetings of the EU-Pacific Trade Committee in order to provide information on specific subjects and only for the parts of the meeting where such specific subjects are discussed.
            
            
               Article 10
            
            
               Minutes
            
            
               1.Draft minutes of each meeting shall be drawn up by the Secretary of the Party hosting the meeting, within thirty calendar days from the end of the meeting, unless otherwise decided by the co-chairs. The draft minutes shall be transmitted for comments to the Secretary of the other Party.
            
         
         
            
               2.Where the present rules apply to the meeting of sub-committees, the minutes of the sub-committee’s meeting shall be made available for any subsequent meetings of the Trade Committee.
            
            
               3.The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:
            
            
               (a)
                     all documents submitted to the EU-Pacific Trade Committee;
            
            
               (b)
                     any statement that a member of the delegations participting in the EU-Pacific Trade Committee meeting has asked to be entered in the minutes; and
            
            
               (c)
                     the decisions taken, recommendations made, statements agreed upon and conclusions adopted on specific items.
            
            
               4.The minutes shall include a list of all decisions of the EU-Pacific Trade Committee taken by written procedure pursuant to Article 11(2) since the last meeting of the Committee.
            
            
               5.An Annex to the minutes shall also include a list of participants to the meeting of the EU-Pacific Trade Committee.
            
            
               6.The Secretary shall adjust the draft minutes on the basis of comments received and the draft minutes, as revised, shall be approved by the Parties within sixty days of the date of the meeting, or by any other date agreed by the co-chairs. Once approved, two originals of the minutes shall be signed by the Secretary and the European Union and the Pacific States shall each receive one original of the minutes.
            
            
               7.The Secretary of the EU-Pacific Trade Committee shall also prepare joint conclusions and communiqués to be approved by the Parties at the end of the meeting.
            
            
               Article 11
            
            
               Decisions and recommendations
            
            
               1.The EU-Pacific Trade Committee may adopt decisions and recommendations in respect of all matters where the Agreement so provides. The EU-Pacific Trade Committee shall adopt decisions and recommendations by consensus. 
            
            
               2.In the period between meetings, the EU-Pacific Trade Committee may adopt decisions or recommendations by written procedure if the Co-Chairs so agree. For that purpose, the text of the proposed decision or recommendation shall be presented in writing by one of the Co-chairs to the other Co-chair. The latter shall have two months, or any longer period of time determined in the proposal of the Co-chair, to express its agreement to the proposed decision or recommendation. If the other Party does not express its agreement, the proposed decision or recommendation shall be discussed and can be adopted at the next meeting of the Committee. The draft Decisions or recommendations shall be deemed to be adopted once the other Party expresses its agreement and shall be recorded in the minutes of the next meeting of the Committee pursuant to Article 10(4).
            
            
               3.Where the EU-Pacific Trade Committee is empowered under the Agreement to adopt decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively. The Secretariat of the EU-Pacific Trade Committee will give any decision or recommendation a progressive serial number, the date of adoption and a description of their subject-matter. Each decision and recommendation shall provide for the date of its entry into force.
            
            
               4.Decisions and recommendations adopted by the EU-Pacific Trade Committee shall be authenticated by the Co-chairs.
            
            
               5.The European Union and the Pacific States shall receive an original and authentic version of each decision and recommendation.
            
            
               Article 12
            
            
               Transparency
            
            
               1.The Parties may agree to meet in public.
            
            
               2.Each Party may decide on the publication of the decisions and recommendations of the EU-Pacific Trade Committee in its respective official publication.
            
         
         
            
               3.All documents submitted by a Party should be considered as confidential, unless that Party decides otherwise.
            
            
               4.Provisional agendas of the meetings shall be made public before the meetings of the Committee take place. The joint conclusions and communiqués shall be made public following their approval in accordance with Article 10.
            
            
               5.Publication of documents mentioned under paragraphs 2 to 4 shall be made in compliance with each Party’s applicable data protection rules.
            
            
               Article 13
            
            
               Languages
            
            
               1.The working languages of the EU-Pacific Trade Committee shall be English.
            
            
               2.The EU-Pacific Trade Committee shall adopt decisions or recommendations concerning amendment or interpretation of the Agreement in the languages of the authentic texts of the Agreement. All other decisions or recommendations of the EU-Pacific Trade Committee, including the one through which the present rules of procedure are adopted, shall be adopted in the working language referred to in paragraph 1.
            
            
               3.Each Party shall be responsible for the translation of decisions, recommendations and other documents into its own official languages, if required pursuant to this Article, and it shall meet expenditures associated with such translations.
            
            
               Article 14
            
            
               Expenses
            
            
               1.Each Party shall meet any expenses it incurs as a result of participating in the meetings of the EU-Pacific Trade Committee, in particular with regard to staff, travel and subsistence expenditure and with regard to video or teleconferences, postal and telecommunications expenditure.
            
            
               2.Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
            
            
               3.Expenditure in connection with the provision of interpretation services to and from the working language of the EU-Pacific Trade Committee at meetings shall be borne by the Party hosting the meeting.
            
            
               Article 15
            
            
               Special Committees or bodies 
            
            
               1.Special Committees or bodies shall be set up and overseen in accordance with Article 68(4)(a) of the Agreement for the purpose of dealing with all matters delegated to them by the EU-Pacific Trade Committee.
            
            
               2.The EU-Pacific Trade Committee shall be informed in writing of the contact points designated by special committees or other bodies set up under the Agreement. All relevant correspondences, documents and communications between the contact points of each special committee regarding the implementation of the Agreement shall be forwarded to the Secretariat of the EU-Pacific Trade Committee simultaneously.
            
            
               3.The special committees and bodies shall report to the EU-Pacific Trade Committee on results, decisions or recommendations and conclusions from each of their meetings.
            
            
               4.The present Rules of Procedure shall apply mutatis mutandis to the special committees and other bodies set up under the Agreement, unless otherwise decided by each special committee or body pursuant to the provisions of the Agreement.
            
            
               Article 16
            
         
         
            
               Amendments of the Rules of Procedure
            
            
               These Rules of Procedure may be amended in writing by a decision of the EU-Pacific Trade Committee in accordance with Article 11.
            
         
         
            
                  
                     (1)
                  
                        Council Decision 2009/729/EC of 13 July 2009 on the signature and provisional application of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (OJ L 272, 16.10.2009, p. 1).