31.1.2015 EN Official Journal of the European Union L 26/22
COUNCIL DECISION (EU) 2015/155
of 27 January 2015
on the position to be taken on behalf of the European Union within the Committee on Trade in Goods set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules on Tariff Rate Quota administration
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 Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) (‘the Agreement’), was signed on 6 October 2010.
(2) Pursuant to its Article 15.10(5), the Agreement has been provisionally applied since 1 July 2011 pending the completion of the procedures for its conclusion.
(3) Article 15.1 of the Agreement establishes a Trade Committee, which, inter alia, has the task of ensuring that the Agreement operates properly and of supervising the work of all specialised committees.
(4) In accordance with Article 15.2 of the Agreement, specialised committees were established under the auspices of the Trade Committee. The Committee on Trade in Goods, in accordance with Article 2.16 of the Agreement, is one of those specialised committees.
(5) Pursuant to point 2 of Appendix 2-A-1 of the Agreement, it is possible for Korea to use an auction system to administer and implement Tariff Rate Quotas (‘TRQs’) applied by Korea to milk and cream, butter, honey and oranges originating in the Union on the basis of the Agreement. The terms of the auction system are to be established by mutual agreement of the Parties within the Committee on Trade in Goods.
(6) Pursuant to point 3 of Appendix 2-A-1 of the Agreement, it is possible for Korea to use a licensing system to administer and implement certain TRQs. The Parties are to agree in the Committee on Trade in Goods on the policies and procedures for the licensing system, including eligibility to receive TRQ quantities, and any changes or amendments to them.
(7) It is necessary to establish the position to be taken on behalf of the Union in the Committee on Trade in Goods as regards the rules on TRQ administration.
(8) The joint decision will be taken by an exchange of notes between the Union and Korea, to be signed by a Commission representative on behalf of the Union.
(9) The position of the Union within the Committee on Trade in Goods should therefore be based on the draft Decision of the Committee on Trade in Goods annexed to this Decision,
The position to be taken on behalf of the Union within the Committee on Trade in Goods set up by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules on TRQ administration, shall be based on the draft Decision of the Committee on Trade in Goods annexed to this Decision.
Minor technical corrections to the draft Decision of the Committee on Trade in Goods may be agreed to by the representatives of the Union within that Committee without the need for a new Council Decision.
This Decision shall enter into force on the date of its adoption.