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Document 52019PC0207
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Cooperation Committee established by the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino with regard to applicable provisions on organic production and labelling of organic products, and arrangements for imports of organic products
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Cooperation Committee established by the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino with regard to applicable provisions on organic production and labelling of organic products, and arrangements for imports of organic products
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Cooperation Committee established by the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino with regard to applicable provisions on organic production and labelling of organic products, and arrangements for imports of organic products
COM/2019/207 final
EUROPEAN COMMISSION
Brussels, 30.4.2019
COM(2019) 207 final
2019/0100(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Cooperation Committee established by the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino with regard to applicable provisions on organic production and labelling of organic products, and arrangements for imports of organic products
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns a Decision establishing the position to be taken on the Union's behalf in the EU-San Marino Cooperation Committee in connection with the envisaged adoption of a Decision on the applicable provisions, under the EU-San Marino Cooperation and Customs Union Agreement, on organic production, the labelling of organic products and arrangements for imports of organic products.
2.Context of the proposal
2.1.The Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino
The Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino (‘the Agreement’) aims to establish a customs union between the parties and to promote comprehensive cooperation between them in order to contribute to the social and economic development of San Marino and strengthen their relations. The Agreement entered into force on 1 April 2002.
2.2.EU-San Marino Cooperation Committee
The EU-San Marino Cooperation Committee is tasked with administering the Agreement and ensuring that it is properly implemented. It is composed of representatives of the Commission (assisted by delegates of the Member States) and San Marino. Decisions are taken by common accord. The chair is held by a Commission representative from 1 January to 30 June each year and by a representative of San Marino for the second half of the year.
2.3.Envisaged act of the EU-San Marino Cooperation Committee
In its next session, the EU-San Marino Cooperation Committee is to adopt a Decision regarding applicable provisions on organic production, the labelling of organic products and arrangements for imports of organic products (‘the envisaged act’).
In line with its Rules of Procedures, the Cooperation Committee intends to make use of the possibility of a written procedure under Article 6 of Annex I to the ‘Omnibus Decision’ (Decision No 1/2010 of the EU-San Marino Cooperation Committee of 29 March 2010 1 ).
The purpose of the envisaged act is to establish between parties of the Agreement the applicable EU rules on organic production, labelling of organic products and arrangements for imports of organic products.
The clarification will allow San Marino to apply the EU acquis correctly and to resume trade in organic products with the EU. It will also enable the EU to add San Marino to the electronic Trade Control and Expert System (‘TRACES’). Since October 2017, pursuant to Regulation (EC) No 2016/1842, it has been possible to issue and endorse an electronic certificate of inspection (as required for the release of imported products for free circulation in the Union) only via TRACES. Previously, the certificate was issued only on paper.
The envisaged act will also enable the San Marino authorities to take decisions in the area covered by the act and make communications where the relevant provisions refer to decisions or communications by EU Member States.
3.Position to be taken on the Union’s behalf
The EU-San Marino Agreement requires San Marino to apply the parts of the EU acquis covered by the Agreement, as applicable in the EU and where necessary for the proper functioning of the Agreement. It provides that the applicable provisions, including the quality rules shall be determined in greater detail by the Cooperation Committee. To ensure legal certainty and to support the proper functioning of the customs union established by the Agreement, there is now a need to clarify the applicable acquis on organic production, the labelling of organic products and arrangements for imports of organic products. The present draft EU-San Marino Cooperation Committee decision provides for this clarification.
The relevant parts of the acquis (as amended and corrected) include:
–Council Regulation (EC) No 834/2007 on organic production and labelling of organic products 2 ;
–Commission Regulation (EC) No 889/2008 3 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 ; and
–Commission Regulation (EC) No 1235/2008 4 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards arrangements for imports of organic products from third countries.
The clarification, through a Cooperation Committee decision, will allow San Marino to apply the EU acquis correctly, to resume trade in organic products with the EU and enable the EU to adding San Marino to ‘TRACES’, the EU’s electronic Trade Control and Expert System (cf section 2.3).
The EU-San Marino Agreement aims to promote comprehensive cooperation between the parties, strengthen relations between them and contribute to the social and economic development of San Marino. Clarification of the rules to be applied to organic products will allow San Marino to trade in these products and thus enhance the EU's special relationship with it, as envisaged in Article 8 of the Treaty on European Union and Declaration No 3 on that provision.
The proposal complies with the subsidiarity principle as the objective is to clarify the applicability in a non-EU country of rules in the organic agriculture sector decided at EU level. This cannot be achieved by Member States.
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.’
‘Acts having legal effects’ include acts that have legal effects by virtue of the rules of international law governing the body in question and instruments that do not have a binding effect under international law, but are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 5 .
4.1.2.Application to the present case
The EU-San Marino Cooperation Committee is a body set up by an agreement, namely the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino.
The act that the Cooperation Committee is called upon to adopt constitutes an act having legal effects.
The envisaged act has legal effects as follows.
The EU-San Marino Agreement requires San Marino to apply the parts of the EU acquis covered by the Agreement, as applicable in the EU and where necessary for the proper functioning of the Agreement.
The Agreement provides that the applicable provisions, including those on quality rules, are to be determined in greater detail by the Cooperation Committee. In order to ensure legal certainty and to support the proper functioning of the customs union established by the Agreement, there is now a need to clarify the applicable acquis on organic production, the labelling of organic products and arrangements for imports of organic products. The draft Cooperation Committee Decision provides for this clarification.
The clarification will allow San Marino to apply the EU acquis correctly and resume trade in organic products with the EU. It will also enable the EU to add San Marino to the electronic Trade Control and Expert System (‘TRACES’).
Since October 2017, pursuant to Regulation (EC) No 2016/1842, it has been possible to issue and endorse an electronic certificate of inspection (as required for the release of imported products for free circulation in the Union) only via TRACES. Previously, the certificate was issued only on paper.
The envisaged act will enable the San Marino authorities to take decisions in the area covered by the act and make communications where the relevant provisions refer to decisions or communications by EU Member States.
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 that 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 main objective and content of the envisaged act relate to agriculture.
The Regulations that are the subject of the envisaged act (Council Regulation (EC) No 834/2007 and Commission Regulations (EC) Nos 889/2008 and 1235/2008) are based on Article 43 TFEU (former Article 37 TEC).
Therefore, the substantive legal basis of the proposed Decision is Article 43 TFEU.
4.3.Conclusion
The legal basis of the proposed Decision should be Article 43 TFEU, in conjunction with Article 218(9) TFEU.
5.Publication of the envisaged act
As the EU-San Marino Cooperation Committee Decision will have the legal effects indicated in point 4.1.2, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2019/0100 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Cooperation Committee established by the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino with regard to applicable provisions on organic production and labelling of organic products, and arrangements for imports of organic products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino 6 (‘the Agreement’) was concluded by the Union by Council Decision 2002/245/EC 7 and entered into force on 1 April 2002.
(2)Pursuant to Article 7(2) of the Agreement, the Cooperation Committee is to determine in greater detail the provisions of quality regulations.
(3)The Cooperation Committee is to adopt a decision on the applicable provisions, under the Agreement, of Union legislation on organic production and labelling of organic products, and arrangements for imports of organic products.
(4)It is appropriate to establish the position to be taken on the Union's behalf in the Cooperation Committee, as the determination in greater detail of the applicable provisions of Union legislation will enhance legal certainty among the parties to the Agreement and will support the proper functioning of the customs union between the Union and San Marino.
(5)Consequently, there is a need to clarify the applicable Union legislation on organic production and labelling of organic products, which includes Council Regulation (EC) No 834/2007 8 and Commission Regulations (EC) No 889/2008 9 and (EC) No 1235/2008 10 . In addition, it is appropriate to lay down the necessary arrangements for imports of organic products, as well as a procedure to be followed in the event that new Union legislation on organic production and labelling of organic products is adopted that affects the references to the applicable provisions and the arrangements agreed,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf within the Cooperation Committee set up by the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino shall be based on the draft act of the Cooperation Committee attached to this Decision.
Minor changes to the draft act may be agreed to by the representatives of the Union in the Cooperation Committee without further decision of the Council.
Article 2
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 30.4.2019
COM(2019) 207 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken by the European Union in the Cooperation Committee established by the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino with regard to applicable provisions on organic production and labelling of organic products, and arrangements for imports of organic products.
ANNEX
Draft
DECISION No .../2018 OF THE EU - SAN MARINO COOPERATION COMMITTEE
of XX YY 2018
concerning the applicable provisions on organic production and labelling of organic products, and arrangements for imports of organic products adopted under the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino
THE EU-SAN MARINO COOPERATION COMMITTEE,
Having regard to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino 1 , and in particular Articles 7(2) 8(3) c) and 23(1) thereof,
Whereas:
(1) Article 6(4) of the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino (‘the Agreement’) provides that, in trade in agricultural products between the Union and the Republic of San Marino, the Republic of San Marino undertakes to adopt Union quality legislation where necessary for the proper functioning of the Agreement.
(2) Under the fifth indent of Article 7(1) of the Agreement, the Republic of San Marino is to apply, in respect of countries not members of the Union (“third countries”), the Union quality legislation where necessary for the proper functioning of the Agreement.
(3) In order to avoid obstacles to the free circulation of the goods and to ensure the proper functioning of the customs union established by the Agreement, it is appropriate to determine in greater detail the provisions of Union quality legislation applicable to organic production and labelling of organic products.
(4) In order to ensure compliance with Union legislation in relation to imports of organic products from third countries into the Republic of San Marino, it is necessary to lay down the relevant arrangements to be applied by its national authorities.
(5) In order to ensure compliance with Union legislation in relation to organic products prepared or produced in the Republic of San Marino, the relevant arrangements should also be laid down.
(6) It is also appropriate to provide for a procedure to be followed in the event that new Union legislation on organic production and labelling of organic products is adopted that affects the references to the provisions and the arrangements laid down in this Decision,
HAS ADOPTED THIS DECISION:
Article 1
The applicable provisions of Union legislation on organic production and labelling of organic products are listed in Annex A.
Article 2
Arrangements necessary to ensure compliance with the Union legislation referred to in Article 1 in relation to imports of organic products from third countries into the Republic of San Marino are laid down in Annex B.
Article 3
Arrangements necessary to ensure compliance with the Union legislation referred to in Article 1 in relation to organic products prepared or produced in the Republic of San Marino are laid down in Annex C.
Article 4
Amendments of Annexes A, B and C as well as other practical arrangements necessary for the application of the legislation referred to in those Annexes shall be agreed by the European Commission services and the authorities of the Republic of San Marino.
Article 5
This Decision shall enter into force on the day of its adoption.
Done at Brussels, XX YYY 2018
For the Cooperation Committee
The Chairman
ANNEX A
LIST OF APPLICABLE PROVISIONS ON ORGANIC PRODUCTION AND LABELLING OF ORGANIC PRODUCTS
Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1), as amended by:
- Council Regulation (EC) No 967/2008 of 29 September 2008 (OJ L 264, 3.10.2008, p. 1),
- Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1).
Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1), as amended by:
- Commission Regulation (EC) No 1254/2008 of 15 December 2008 (OJ L 337, 16.12.2008, p. 80),
- Commission Regulation (EC) No 710/2009 of 5 August 2009 (OJ L 204, 6.8.2009, p. 15),
- Commission Regulation (EU) No 271/2010 of 24 March 2010 (OJ L 84, 31.3.2010, p. 19),
- Commission Implementing Regulation (EU) No 344/2011 of 8 April 2011 (OJ L 96, 9.4.2011, p. 15),
- Commission Implementing Regulation (EU) No 426/2011 of 2 May 2011 (OJ L 113, 3.5.2011, p. 1),
- Commission Implementing Regulation (EU) No 126/2012 of 14 February 2012 (OJ L 41, 15.2.2012, p. 5),
- Commission Implementing Regulation (EU) No 203/2012 of 8 March 2012 (OJ L 71, 9.3.2012, p. 42),
- Commission Implementing Regulation (EU) No 505/2012 of 14 June 2012 (OJ L 154, 15.6.2012, p. 12),
- Commission Implementing Regulation (EU) No 392/2013 of 29 April 2013 (OJ L 118, 30.4.2013, p. 5),
- Commission Regulation (EU) No 519/2013 of 21 February 2013 (OJ L 158, 10.6.2013, p. 74),
- Commission Implementing Regulation (EU) No 1030/2013 of 24 October 2013 (OJ L 283, 25.10.2013, p. 15),
- Commission Implementing Regulation (EU) No 1364/2013 of 17 December 2013 (OJ L 343, 19.12.2013, p. 29),
- Commission Implementing Regulation (EU) No 354/2014 of 8 April 2014 (OJ L 106, 9.4.2014, p. 7),
- Commission Implementing Regulation (EU) No 836/2014 of 31 July 2014 (OJ L 230, 1.8.2014, p. 10),
- Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 (OJ L 365, 19.12.2014, p. 97),
- Commission Implementing Regulation (EU) 2016/673 of 29 April 2016 (OJ L 116, 30.4.2016, p. 8),
- Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 (OJ L 282, 19.10.2016, p. 19),
- Commission Implementing Regulation (EU) 2017/838 of 17 May 2017, (OJ L 125, 18.5.2017, p. 5),
- Commission Implementing Regulation (EU) 2017/2273 of 8 December 2017 (OJ L 326, 9.12.2017, p. 42).
Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 334, 12.12.2008, p. 25), as amended by:
- Commission Regulation (EC) No 537/2009 of 19 June 2009 (OJ L 159, 20.6.2009, p. 6),
- Commission Regulation (EU) No 471/2010 of 31 May 2010 (OJ L 134, 1.6.2010, p. 1),
- Commission Implementing Regulation (EU) No 590/2011 of 20 June 2011 (OJ L 161, 21.6.2011, p. 9),
- Commission Implementing Regulation (EU) No 1084/2011 of 27 October 2011 (OJ L 281, 28.10.2011, p. 3),
- Commission Implementing Regulation (EU) No 1267/2011 of 6 December 2011 (OJ L 324, 7.12.2011, p. 9),
- Commission Implementing Regulation (EU) No 126/2012 of 14 February 2012 (OJ L 41, 15.2.2012, p. 5),
- Commission Implementing Regulation (EU) No 508/2012 of 20 June 2012 (OJ L 162, 21.6.2012, p. 1),
- Commission Implementing Regulation (EU) No 751/2012 of 16 August 2012 (OJ L 222, 18.8.2012, p. 5),
- Commission Implementing Regulation (EU) No 125/2013 of 13 February 2013 (OJ L 43, 14.2.2013, p. 1),
- Commission Regulation (EU) No 519/2013 of 21 February 2013 (OJ L 158, 10.6.2013, p. 74),
- Commission Implementing Regulation (EU) No 567/2013 of 18 June 2013 (OJ L 167, 19.6.2013, p. 30),
- Commission Implementing Regulation (EU) No 586/2013 of 20 June 2013 (OJ L 169, 21.6.2013, p. 51),
- Commission Implementing Regulation (EU) No 355/2014 of 8 April 2014 (OJ L 106, 9.4.2014, p. 15),
- Commission Implementing Regulation (EU) No 442/2014 of 30 April 2014 (OJ L 130, 1.5.2014, p. 39),
- Commission Implementing Regulation (EU) No 644/2014 of 16 June 2014 (OJ L 177, 17.6.2014, p. 42),
- Commission Implementing Regulation (EU) No 829/2014 of 30 July 2014 (OJ L 228, 31.7.2014, p. 9),
- Commission Implementing Regulation (EU) No 1287/2014 of 28 November 2014 (OJ L 348, 4.12.2014, p. 1),
- Commission Implementing Regulation (EU) 2015/131 of 26 January 2015 (OJ L 23, 29.1.2015, p. 1),
- Commission Implementing Regulation (EU) 2015/931 of 17 June 2015 (OJ L 151, 18.6.2015, p. 1),
- Commission Implementing Regulation (EU) 2015/1980 of 4 November 2015 (OJ L 289, 5.11.2015, p. 6),
- Commission Implementing Regulation (EU) 2015/2345 of 15 December 2015 (OJ L 330, 16.12.2015, p. 29),
- Commission Implementing Regulation (EU) 2016/459 of 18 March 2016 (OJ L 80, 31.3.2016, p. 14),
- Commission Implementing Regulation (EU) 2016/910 of 9 June 2016 (OJ L 153, 10.6.2016, p. 23),
- Commission Implementing Regulation (EU) 2016/1330 of 2 August 2016 (OJ L 210, 4.8.2016, p. 43),
- Commission Implementing Regulation (EU) 2016/1842 of 14 October 2016 (OJ L 282, 19.10.2016, p. 19),
- Commission Implementing Regulation (EU) 2016/2259 of 15 December 2016 (OJ L 342, 16.12.2016, p. 4),
- Commission Implementing Regulation (EU) 2017/872 of 22 May 2017 (OJ L 134, 23.5.2017, p. 6),
- Commission Implementing Regulation (EU) 2017/1473 of 14 August 2017 (OJ L 210, 15.8.2017, p. 4),
- Commission Implementing Regulation (EU) 2017/1862 of 16 October 2017 (OJ L 266, 17.10.2017, p. 1),
- Commission Implementing Regulation (EU) 2017/2329 of 14 December 2017 (OJ L 333, 15.12.2017, p. 29),
- Commission Implementing Regulation (EU) 2018/949 of 3 July 2018 (OJ L 167, 4.7.2018, p. 3),
as corrected by:
OJ L 28, 4.2.2015, p. 48 (1287/2014),
OJ L 241, 17.9.2015, p. 51 (2015/131).
ANNEX B
ARRANGEMENTS REFERRED TO IN ARTICLE 2
1. Organic products imported into the Republic of San Marino from third countries shall be accompanied by a certificate of inspection as referred in point (d) of the first subparagraph of Article 33(1) of Regulation (EC) No 834/2007.
2. The Republic of San Marino shall use the electronic Trade Control and Expert System (TRACES) established by Commission Decision 2003/24/EC 2 to process the electronic certificates of inspection for imports of organic products from third countries.
3. For the purposes of Article 13 of Regulation (EC) No 1235/2008, in respect of imports of organic products from third countries into the Republic of San Marino the verification and endorsement of the certificates of inspections using TRACES shall be carried out on behalf of the Republic of San Marino by the customs offices listed in Annex II to Omnibus Decision No 1/2010 3 .
4. For the purposes of Article 16(2) of Regulation (EC) No 1235/2008, the Republic of San Marino may be requested to act as co-reporter. The Republic of San Marino may accept this task at its own discretion.
ANNEX C
ARRANGEMENTS REFERRED TO IN ARTICLE 3
1.In the relevant Articles of the Regulations listed in Annex A, the term "Member State" or “Member States” shall be understood to include the Republic of San Marino.
2.Where the relevant Articles of the Regulations listed in Annex A provide that a decision must be taken or a communication or notification must be made by a Member State, such decision shall be taken or such communication or notification shall be made by the authorities of the Republic of San Marino. Those authorities shall take into account the opinions of the Union’s scientific committees and use as a basis for their decisions the case law of the Court of Justice of the European Union and rules of administrative conduct adopted by the European Commission.
