CELEX: 52014PC0193
Language: en
Date: 2014-03-27
Title: Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the adoption of its rules of procedure

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		52014PC0193
		
			Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the adoption of its rules of procedure /* COM/2014/0193 final - 2014/0105 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Regional Convention on
pan-Euro-Mediterranean preferential rules of origin[1] (hereafter 'the
Convention') lays down provisions on the origin of goods traded under relevant
Agreements concluded between the Contracting Parties.
Article 3 of the Convention established a
Joint Committee in which each Contracting Party shall be represented and which
shall adopt its own rules of procedure. Article 3 of Council Decision
2013/94/EU[2]
provides that the Commission shall represent the EU in the Joint Committee.
The position to be taken by the EU within the
Joint Committee at the adoption of its rules of procedure should be established
by the Council.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
Member States have been informed on the
draft rules of procedure at the meeting of the Customs Code Committee – Origin
Section of 15 and 16 July 2013. The Contracting Parties to the Convention were
consulted at the meetings of the pan-Euro-Mediterranean Working Group of 30 and
31 October 2012 and 14 and 15 May 2013 and finalised informal discussion on the
draft rules of procedure at the first meeting of the Joint Committee of the
Convention of 29 October 2013.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
The legal basis for the Council Decision is
the first subparagraph of Article 207(4) in conjunction with Article
218(9) of the Treaty on the Functioning of the European Union.
The proposal falls under the exclusive
competence of the Union. The principle of subsidiarity does therefore not
apply.
Proposed instrument: Council Decision.
2014/0105 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf
of the European Union, within the Joint Committee established by the Regional
Convention on pan-Euro-Mediterranean preferential rules of origin 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 subparagraph of
Article 207(4) in conjunction with Article 218(9) thereof,
Having regard to the Regional Convention on
pan-Euro-Mediterranean preferential rules of origin[3], 
Having regard to the proposal from the
European Commission,
Whereas:
(1)       The Regional Convention on
pan-Euro-Mediterranean preferential rules of origin (the
"Convention") entered into force on 1 December 2012.
(2)       Article 3(1) of the
Convention established a Joint Committee in which each Contracting Party is to be
represented.
(3)       Article 3 of Council
Decision 2013/94/EU[4]
provides that the Commission is to represent the Union in the Joint Committee.
(4)       Pursuant
to Article 3(4) of the Convention the Joint Committee is to adopt its own rules of procedure. 
(5)       The position of the Union within the Joint Committee should be to vote in favour of the rules of procedure, 
HAS ADOPTED THIS DECISION: 
Article 1
The position to be adopted by the European
Union within the Joint Committee of the Regional Convention on
pan-Euro-Mediterranean preferential rules of origin, as regards the adoption of
its rules of procedure, shall be based on the draft rules of procedure attached
to this Decision. 
Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the Joint Committee without
further decision of the Council.
Article 2
After its adoption, the Decision of the Joint
Committee shall be published in the Official Journal of the European Union.
Article 3
This
Decision shall enter into force on the day of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 54, 26.2.2013, p. 4.
[2]               OJ L 54, 26.2.2013, p. 3.
[3]               OJ L 54, 26.2.2013, p. 4.
[4]               Council Decision 2013/94/EU of 26 March 2012 on the
conclusion of the Regional Convention on pan-Euro-Mediterranean preferential
rules of origin (OJ L 54, 26.2.2013, p. 3).
draft
Decision No 1/2014 of the Joint Committee of the Regional Convention
on pan-Euro-Mediterranean preferential rules of origin
of 
concerning the adoption of its rules of procedure
THE JOINT
COMMITTEE,
Having regard
to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin,
in particular Article 3 thereof,
Whereas:
(1)        The Regional Convention on pan-Euro-Mediterranean
preferential rules of origin (the "Convention") entered into force on
1 December 2012.
(2)        Article 3(1) of the Convention established a Joint
Committee in which each Contracting Party shall be represented.
(3)        Pursuant to Article 3(4) of the
Convention the Joint Committee shall adopt its own
rules of procedure, 
HAS ADOPTED THIS
DECISION:
Sole Article
The Rules of Procedure of the Joint
Committee of the Regional Convention on pan-Euro-Mediterranean preferential
rules of origin, as set out in Annex I to this Decision, are hereby adopted.
Done at Brussels
                                                                       For
the Joint Committee
                                                                       The
Chairman
Annex
Rules of procedure of the Joint
Committee
established by the Regional Convention on pan-Euro-Mediterranean
preferential rules of origin
Article 1
Composition
1.         The
Joint Committee (hereinafter referred to as the ‘committee’) shall be composed
of representatives of:
–                        
the Contracting Parties referred to in Article
1(3) of the Regional Convention on pan-Euro-Mediterranean preferential rules of
origin (hereinafter referred to as the ‘Convention’) for which the Convention
has entered into force, and
–                        
the Contracting Parties having effectively
acceded to the Convention pursuant to Article 5(6) of the Convention,
hereinafter
referred to as ‘the Contracting Parties for which the Convention has entered
into force’.
The
Contracting Parties for which the Convention has entered into force shall have
voting rights. They shall have one vote per Contracting Party.
2.         Contracting
Parties referred to in Article 1(3) of the Convention for which the Convention
has not yet entered into force and third countries invited by the committee to
accede to the Convention pursuant to Article 5(9) shall have observer status in
the committee.
Those Contracting
Parties, hereinafter referred to as ‘the Contracting Parties with observer
status’, shall not have voting rights. They can, however, actively participate
in the discussion forum of the committee and table proposals.
3.         The
secretariats of the European Free Trade Association (EFTA), Agadir Agreement and
Central European Free Trade Association (CEFTA) shall also have observer status
in the committee.
If need be,
the committee may decide to invite further observers on an ad-hoc basis, if no
Contracting Party objects.
The observers referred
to in the first and second subparagraph shall not have voting rights; however
they can actively participate in the discussion forum of the committee and
table proposals.
4.         Before
each meeting of the committee, the members of the committee referred to in
paragraphs 1 to 3 (hereinafter referred to as ‘members of the Committee’) shall
inform the secretariat in writing about the composition of their delegation.
The number of delegates shall, as a general rule, be limited to three delegates
per delegation. Any change in the composition shall be notified in writing to
the secretariat at the latest seven calendar days before the meeting.
Article 2
Chair
The committee
shall be chaired by a representative of the European Commission (hereinafter
referred to as the ‘Commission’).
Article 3
Secretariat
The Commission
shall act as secretariat of the committee and, if necessary, of the sub-committees
and working groups created pursuant to Article 13.
Article 4
Correspondence
1.         Correspondence relating to the
committee shall be submitted to the Commission, for the attention of the chair
of the committee, in principle by electronic means.
2.         Correspondence
for members of the committee shall be submitted to them by the secretariat, in
principle by electronic means.
Article 5
Meetings
1.         Meetings
of the committee shall be convened by the chair, either on the chair's own
initiative, or at the request of any Contracting Party.
2.         The
meetings shall take place in Brussels or, if no Contracting Party objects, in
any other place.
3.         The
chair shall do the utmost to avoid that meetings be convened during public
holidays of any Contracting Party. For this purpose, the Contracting Parties so
willing shall notify the dates of their official holidays of the following year
to the secretariat by the end of each calendar year.
4.         Invitations
to a meeting shall be sent to all members of the committee at least one month
before the meeting.
5.         Unless
the committee decides otherwise, its meetings shall not be public.
Article 6
Agenda
1.         The
chair shall draw up a provisional agenda for each meeting.
2.         The
provisional agenda shall be transmitted to all members of the committee in
principle at the latest one month before the meeting.
3.         Additional
items may be included as main points in the agenda if submitted to the chair at
the latest 15 calendar days before the meeting. Additional items may be
included in the provisional agenda as ‘any other business’ if requested prior
to the adoption of the agenda.
4.         The
agenda shall be adopted by the committee at the beginning of each meeting, if no
Contracting Party objects.
Article 7
Minutes
1.         The
minutes of each meeting shall be drawn up under the responsibility of the chair.
The minutes shall indicate the recommendations and conclusions of the committee
in respect of each agenda item and contain, in annexes to the minutes,
documents submitted at the meeting and a list of participants.
2.         The chair shall send the draft minutes to the
members of the committee without delay and no later
than one month after the meeting.
The members of the committee shall send any comments they
may have on the draft minutes to the chair in writing no later than one month
after they have been sent out. In case of disagreement, the matter shall be
discussed by the committee. If the disagreement persists, the relevant comments
shall be annexed to the final minutes.
Article 8
Implementation and dispute
settlement
1.         The
Contracting Parties for which the Convention has entered into force shall
exchange views on experiences and problems encountered in the implementation
and application of the Convention.
2.         Pursuant
to Article 33 of Appendix 1 to the Convention, the committee shall seek a
commonly acceptable solution to disputes in relation to the interpretation of
the Convention.
Article 9
Administration of the Convention
1.         Contracting
Parties for which the Convention has entered into force shall notify the committee
of free trade agreements concluded with each other which refer to the
Convention and shall inform the Secretariat of the date of application of the
Convention in relation to those free trade agreements. 
The
Secretariat shall take the necessary steps for the publication of notices
indicating the fulfilment of the necessary requirements to apply cumulation in
the Official Journal of the European Union.
2.         The
Contracting Parties for which the Convention has entered into force shall
inform the committee of any amendments to free trade agreements between the
Contracting Parties, which may affect the conditions for applying diagonal
cumulation.
Article 10
Accession of new Contracting
Parties
1.         The
committee shall consider written requests for accession by a third country
submitted by the depositary, as a main rule at the meeting following receipt of
a specific request. 
2.         The
committee shall consider whether transitional arrangements need to be foreseen
pending conclusion of free trade agreements between the acceding Contracting
Party with other Contracting Parties, in particular to avoid uncertainties
regarding cumulation with the acceding Contracting Party.
Article 11
Amendments to the Rules of
Procedure and the Convention
1.         The
rules of procedure of the committee may be reviewed upon request of any
Contracting party for which the Convention has entered into force.
2.         If
a special provision reflected in Appendix II to the Convention is amended by the
Contracting Parties concerned or if such a special provision is adopted by two
Contracting Parties, the latter shall provide the Secretariat with the relevant
amendment.
3.         The
Secretariat shall communicate amendments to the Convention, including its
Appendixes, adopted by the committee to the Depositary and the Contracting
Parties.
Article 12
Decisions and Recommendations 
1.         Decisions
and recommendations are adopted by vote of the Contracting Parties for which
the Convention has entered into force, present or represented at the meeting of
the committee. Quorum is at least 2/3 of the Contracting Parties for which the
Convention has entered into force.
Abstentions
shall not prevent the adoption by the committee of acts which require
unanimity.
A Contracting
Party for which the Convention has entered into force may represent a maximum
of one other Contracting Party for which the Convention has entered into force.
The Contracting Party that is being represented shall inform the chair of this
in writing before the meeting.
The
Contracting Parties for which the Convention has entered into force shall give
the utmost consideration to opinions raised by Contracting Parties with observer
status.
2.         Decisions
and recommendations of the committee shall bear a number, date of adoption and
a title referring to their subject matter.
3.         Each
Contracting Party may publish in its respective official language(s) and
official journal(s) and in accordance with its internal rules the decisions and
recommendations adopted by the committee.
4.         Where
a matter is urgent and a meeting cannot be convened, the committee may adopt
its decisions or make its recommendations by written procedure, if so agreed by
the Contracting Parties for which the Convention has entered into force.
Paragraph 1 shall be applicable to such written procedure.
In particular,
the chair may use the written procedure to obtain the committee's approval
where a draft decision or recommendation has already been discussed during a committee
meeting.
In this event,
the chair shall circulate the proposed draft decision or recommendation for
approval, laying down a time limit for submitting comments and positions
according to the urgency of the matter.
The
Contracting Parties for which the Convention has entered into force shall
notify the Secretariat about their agreement or disagreement to adopt the
relevant decision or recommendation within the set time limit. Any Contracting
Party for which the Convention has entered into force which does not oppose the
draft decision or recommendation before the expiry of that time limit shall be
regarded as having tacitly agreed to the proposed draft decision or
recommendation.
The chair
shall inform all Contracting Parties of the outcome of a written procedure
without delay, and no later than 14 calendar days after the expiry of the time
limit.
Article 13
Sub-committees and Working
Groups
1.         A sub-committee
or working group set up in accordance with Article 3(5) of the Convention may
make recommendations, prepare decisions and carry out any other tasks delegated
to it by the committee.
2.         Sub-committees
and working groups shall regularly report to the committee, and at least one
month before each meeting of the committee.
3.         Contracting
Parties with observer status and observers as referred to in Article 1(3) may
be represented with the same observer status in any sub-committee or working
group.
Article 14
Official language
1.         The
working languages of the committee shall be English and French.
2.         The
draft decisions submitted to the committee shall be drafted both in English and
French.
Article 15
Entry into force
These rules of
procedure shall enter into force on the day of their adoption.