CELEX: 52021PC0145
Language: en
Date: 2021-03-26
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee on Organic Products established by the Agreement between the European Union and the Republic of Chile on trade in organic products as regards the adoption of its rules of procedure

EUROPEAN COMMISSION
            Brussels, 26.3.2021
            COM(2021) 145 final
            2021/0072(NLE)
            Proposal for a
            COUNCIL DECISION 
            on the position to be taken on behalf of the European Union within the Joint Committee on Organic Products established by the Agreement between the European Union and the Republic of Chile on trade in organic products 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 Joint Committee on Organic Products (‘the Joint Committee’) set up by the Agreement between the European Union, of the one part, and the Republic of Chile, 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 Chile Agreement on trade in organic products
            
            
               
                  The Agreement between the European Union and the Republic of Chile on trade in organic products sets up the Joint Committee.
               
               
                  This act establishes the rules of procedure of this committee. Having fair and clear rules, will lead to successful discussions within the EU-Chile Joint Committee on Organic Products.
               
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               
                  It is the first time that a Joint Committee has been established between trade partners in organic products; however, it is a common practice in other international trade agreements. The EU-Chile agreement is the first international agreement signed on trade in organic products.
               
            
            
               •Consistency with other Union policies
            
            
               3.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               4.•Legal basis
            
            
               In accordance with Council Decision (EU) 2017/436
                  1
               , the Agreement was signed on 27 April 2017, and in accordance with Council Decision (EU) 2017/2307
                  2
                on the conclusion of the Agreement, the agreement has been approved and entered into force on 1 January 2018
                  3
               . 
            
            
               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 Joint Committee is a body set up by an agreement, namely agreement between the European Union and the Republic of Chile on trade in organic products.
            
            
               The act which the Joint 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 8 of the Agreement between the European Union and the Republic of Chile on trade in organic products.
            
            
               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 envisaged act pursues objectives and has components in the area of the common commercial policy. These elements of the envisaged act are inseparably linked without one being incidental to the other.
            
            
               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.
            
            
            
               2021/0072 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken on behalf of the European Union within the Joint Committee on Organic Products established by the Agreement between the European Union and the Republic of Chile on trade in organic products 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 proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Agreement between the European Union and the Republic of Chile on trade in organic products (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2017/2307
                  5
                and it entered into force on 1 January 2018.
            
            
               (2)Article 8 of the Agreement establishes a Joint Committee on Organic Products (‘the Joint Committee’) to manage the Agreement and take decisions for its implementation and its good functioning.
            
            
               (3)Pursuant to Article 8.5 of the Agreement, the Joint Committee is to adopt its own rules of procedure.
            
            
               (4)In order to ensure the proper implementation of the Agreement, the Joint Committee’s rules of procedure should be adopted.
            
            
               (5)It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee as regards its rules of procedure, as those 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 Joint Committee on Organic Products established by the Agreement between the European Union and the Republic of Chile on trade in organic products as regards the adoption of its rules of procedure shall be based on the draft Decision of that Joint Committee according to the Annex to this Decision.
            
            
               Article 2
            
            
               This Decision is addressed to the Commission.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
               
                     
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 67, 14.3.2017, p. 33.
               
               
                  
                     (2)
                  
                        OJ L 331, 14.12.2017, p. 1.
               
               
                  
                     (3)
                  
                        OJL 331, 14.12.2017, p. 4.
               
               
                  
                     (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)
                  
                        Council Decision (EU) 2017/2307 of 9 October 2017 on the conclusion of the Agreement between   the European Union and the Republic of Chile on trade in organic products (OJ L 331,                14.12.2017, p. 1).
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 26.3.2021
            COM(2021) 145 final
            ANNEX 
            to
             the Proposal for a Council Decision
            on the position to be taken on behalf of the European Union within the Joint Committee on Organic Products established by the Agreement between the European Union and the Republic of Chile on trade in organic products as regards the adoption of its rules of procedure
            
               
         
         
            
               Annex
            
            
               DECISION No 1 of the Joint Committee on Organic Products 
            
            
               of … 2021
            
            
               adopting its rules of procedures
            
            
               THE JOINT COMMITTEE ON ORGANIC PRODUCTS,
            
            
               Having regard to the Agreement between the European Union and the Republic of Chile on trade in organic products
                  1
                (‘the Agreement’), and in particular Article 8 thereof,
            
            
               Whereas:
            
            
               (1)Pursuant to Article 8.5 of the Agreement, the Joint Committee on Organic Products is to adopt its own rules of procedures.
            
            
               (2)Therefore, the rules of procedure should be adopted,
            
            
            
               HAS ADOPTED THIS DECISION:
            
            
            
               RULES OF PROCEDURE OF THE JOINT COMMITTEE ON ORGANIC PRODUCTS
            
            
               Article 1
            
            
               Composition and Chair
            
            
            
               1.The Joint Committee on Organic Products (‘the Joint Committee’) established pursuant to Article 8 of the Agreement between the European Union (“EU”) and the Republic of Chile (“Chile”) shall perform its duties as provided for in Article 8.3 of the Agreement.
            
            
               2.The Joint Committee shall have an EU and a Chilean co-chair.
            
            
               3.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 apply equally to the nominated deputy.
            
         
         
            
               4.Each co-chair shall designate a person who shall be the contact person for all matters relating to the Joint Committee. The contact persons designated by the co-chairs shall be jointly responsible for the secretarial duties of the joint committee.
            
            
               Article 2
            
            
               Meetings
            
            
               The Joint Committee shall meet once a year, either physically in the EU and in Chile alternately, or electronically by means of video or teleconference. The place and the manner shall be mutually agreed by the Parties but not later than 90 days after the request by either Party.
            
            
               Article 3
            
            
               Secretariat
            
            
               An official of the European Commission and an official of the secretariat of International Economic Relations of Chile shall act jointly as secretariats of the Joint Committee.
            
            
               Article 4
            
            
               Correspondence
            
            
               1.A copy of all correspondence relating to the Joint Committee shall be sent to the two secretariats.
            
            
               2.Correspondence may be by any written means, including electronic mail.
            
            
               Article 5
            
            
               Agendas for the meetings
            
            
               1.A draft agenda shall be drawn up by the secretariats prior to each meeting. The draft agenda shall include any item covered by Article 8.3 of the Agreement. The draft agenda shall be sent to the co-chairs no later than 20 working days before the start of the meeting.
            
            
               2.A final agenda shall be circulated to the co-chairs at least five working days before the start of the meeting.
            
            
               3.The agenda shall be adopted by joint-agreement by the co-chairs at the start of each meeting. Any item other than those appearing on the agenda may be placed on the agenda if the co-chairs so agree.
            
            
               Article 6
            
            
               Modification of Annex I or Annex II to the Agreement
            
            
               1.Either Party may request to add, remove or update the products in the list of products in Annex I or Annex II to the Agreement.
            
            
               2.The request shall be sent to the co-chairs at least 10 working days before the start of the meeting.
            
         
         
            
               3.The request shall include a complete dossier containing the main arguments to add, remove or update products in the list.
            
            
               4.Either Party shall examine the request of the other Party subject to their respective applicable legal requirements and procedures.
            
            
               Article 7
            
            
               Decisions and Recommendations
            
            
               1.The Joint Committee may make recommendations and adopt decisions by consensus as provided for in Article 8.5 of the Agreement.
            
            
               2.The Joint Committee shall adopt a Decision to modify Annex I or Annex II to the Agreement in accordance with Article 8(3)(b) of the Agreement if equivalence is recognised by the other Party.
            
            
               3.The recommendations of the Joint Committee to review the Agreement in accordance with Article 11.2 of the Agreement shall be addressed to the Parties and shall bear the signatures of the co-chairs.
            
            
               Article 8
            
            
               Minutes
            
            
               1.The draft minutes of each meeting shall be drawn up by the secretariats within 30 days from the end of the meeting. The draft minutes shall state the recommendations and/or decisions made and note any other conclusions reached.
            
            
               2.The minutes shall be approved in writing by both Parties within 60 days of the date of 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
            
            
               Expenses
            
            
               1.Each Party shall bear the expenses it incurs in taking part in the meetings of the Joint Committee.
            
            
               2.Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
            
            
               Article 10
            
            
               Publicity and Confidentiality
            
            
               1.The deliberations of the Joint Committee shall be confidential.
            
            
               2.Unless otherwise decided by the co-chairs, the meetings of the Joint Committee shall not be public.
            
            
               3.When a Party submits information considered as confidential under its laws, the other Party shall treat that information as confidential as provided for in Article 10 of the Agreement.
            
         
         
            
               4.Each Party may decide on the publication of the decisions and recommendations of the Joint Committee in its respective official publication.
            
         
         
            
                  
                     (1)
                  
                        OJ L 331, 14.12.2017, p. 4.