EUROPEAN COMMISSION

Brussels, 26.5.2016

COM(2016) 286 final

2016/0150(NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted on behalf of the European Union within the CARIFORUM-EU Trade and Development Committee of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, with regard to the establishment of a Special Committee on Agriculture and Fisheries

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

The attached proposal for a Council Decision constitutes the legal instrument for the establishment of a Special Committee on Agriculture and Fisheries in the Economic Partnership Agreement (EPA), signed on 15 October 2008 between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part. The Agreement is provisionally applied as of 29 December 2008.

Agriculture and fisheries is an important domain of the Agreement, and according to Article 230(4) of the CARIFORUM-EU EPA, any special committee may be set up in order to deal more efficiently with matters related to the implementation of this Agreement. This special committee on agriculture and fisheries will be composed of representatives of the European Commission, on the one hand, and representatives of the CARIFORUM Directorate and the Signatory CARIFORUM States, on the other.

The special committee needs to be established by a decision of the CARIFORUM-EU Trade and Development Committee (composed of representatives of the Parties at senior official level). In this regard, the proposed Council Decision includes as an annex the draft decision agreed by the Parties at the fifth annual meeting of the CARIFORUM-EU Trade and Development Committee that took place in Guyana on 14 July 2015.

Consistency with existing policy provisions in the policy area

The CARIFORUM-EU EPA includes a specific chapter dedicated to Agriculture and Fisheries issues.

Consistency with other Union policies

The establishment of this Special Committee on Agriculture and Fisheries is consistent taking into consideration the conclusion of the last two CARIFORUM-EU Trade and Development Committee annual meetings that took place in Brussels in 2014 and in Guyana in 2015.

2.    LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

The legal basis for this Council decision is the Treaty on the Functioning of the European Union, in particular Article 207 in conjunction with Article 218(9) thereof.

Subsidiarity (for non-exclusive competence)

The common commercial policy, in accordance with Article 3 of the TFEU, is defined as an exclusive Union competence.

Proportionality

This proposal is necessary in order to establish any special committee, as set out in Article 230(4) of the CARIFORUM-EU EPA text and the rules of procedure of the CARIFORUM-EU Trade and Development Committee.

Choice of the instrument

This proposal is in accordance with Article 218(5) TFEU, which envisages the adoption by the Council of decisions on international agreements. There exists no other legal instrument that could be used in order to achieve the objective expressed in this proposal.

3.    RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Ex-post evaluations/fitness checks of existing legislation

Stakeholder consultations

Not applicable.

Collection and use of expertise

Impact assessment

Regulatory fitness and simplification

Fundamental rights

The proposal does not have consequences for the protection of fundamental rights in the Union.

4.    BUDGETARY IMPLICATIONS

5.    OTHER ELEMENTS

Implementation plans and monitoring, evaluation and reporting arrangements

Explanatory documents (for directives)

Detailed explanation of the specific provisions of the proposal

2016/0150 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted on behalf of the European Union within the CARIFORUM-EU Trade and Development Committee of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, with regard to the establishment of a Special Committee on Agriculture and Fisheries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part 1 (‘the Agreement’), was signed on 15 October 2008, and is provisionally applied as of 29 December 2008.

(2)Pursuant to Article 230(4) of the Agreement, the CARIFORUM-EU Trade and Development Committee may set up and oversee any special committee to deal with matters falling within its competence.

(3)In order to attain the objectives laid down in Article 37 of the Agreement, a Special Committee on Agriculture and Fisheries should be established to deal more efficiently with matters related to these issues, as agreed in previous CARIFORUM-EU Trade and Development Committee meetings.

(4)It is appropriate to establish the position to be adopted on behalf of the Union within the CARIFORUM-EU Trade and Development Committee with regard to the establishment of a Special Committee on Agriculture and Fisheries.

(5)The position of the Union within the CARIFORUM-EU Trade and Development Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the Union within the CARIFORUM-EU Trade and Development Committee of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, with regard to the establishment of a Special Committee on Agriculture and Fisheries shall be based on the draft decision of the CARIFORUM-EU Trade and Development Committee attached to this Decision.

Minor changes to the draft Decision may be agreed to by the representatives of the Union in the CARIFORUM-EU Trade and Development Committee without further decision of the Council.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

(1) OJ L 289, 30.10.2008, p. 3.

EUROPEAN COMMISSION

Brussels, 26.5.2016

COM(2016) 286 final

ANNEX

to the

Proposal for a Council Decision

on the position to be adopted on behalf of the European Union within the CARIFORUM-EU Trade and Development Committee of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, with regard to the establishment of a Special Committee on Agriculture and Fisheries

DRAFT

DECISION No…/2016 OF THE CARIFORUM–EU TRADE AND DEVELOPMENT COMMITTEE

set up by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, concerning the establishment of a Special Committee on Agriculture and Fisheries

THE CARIFORUM-EU TRADE AND DEVELOPMENT COMMITTEE,

Having regard to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (ʻthe Agreementʼ), and in particular Article 230(4)(a) thereof,

Having regard to the Rules of Procedure of the CARIFORUM-EU Trade and Development Committee, established by the Joint CARIFORUM-EU Council on 17 May 2010 by Decision No 1/2010, and in particular Article 11 thereof,

Whereas:

It is appropriate to establish a Special Committee on Agriculture and Fisheries in order to attain the objectives of the agriculture and fisheries provisions of the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

1.The CARIFORUM-EU Special Committee on Agriculture and Fisheries is hereby established to carry out the functions set out in Article 2.

2.The CARIFORUM-EU Special Committee on Agriculture and Fisheries shall also be a forum for the Parties to exchange experiences, information and best practices and to consult on all issues related to the objectives set out in Chapter 5 of Title I of Part II of the Agreement and relevant to trade between the Parties.

Article 2

The Special Committee on Agriculture and Fisheries shall:

(a)generally keep under review all aspects of Chapter 5 - Agriculture and Fisheries - of Title I of Part II, of the Agreement ;

(b)generally keep under review all other aspects of the Agreement that relate to agriculture and fisheries, including the following areas of Title I of Part II – Trade in goods:

(i)Chapter 1 - All matters relating to trade in agricultural and fisheries goods, including tariffs;

(ii)Chapter 3 - Article 28 - Agricultural export subsidies;

(iii)Chapter 6 - Technical barriers to trade, as it relates to agricultural and fisheries goods; and

(iv)Chapter 7 - Sanitary and phytosanitary measures, as it relates to agricultural and fisheries goods;

(c)generally keep under review all aspects of Title IV, Chapter 2 – Innovation and Intellectual Property, as it relates to agriculture and fisheries goods, including Article 145 - Geographical indications and Article 149 - Plant varieties;

(d)engage in dialogue on matters relating to agriculture and fisheries, including in the following areas:

(i)agriculture production, consumption and trade and on the respective market developments for agricultural and fisheries products;

(ii)the promotion of investment in and knowledge transfer to CARIFORUM agricultural, food and fisheries sectors, including small-scale activities;

(iii)agriculture, rural development and fisheries policies, laws and regulations;

(iv)the policy and institutional changes needed to underpin the transformation of the agricultural and fisheries sectors as well as the formulation and implementation of regional policies on agriculture, food, rural development and fisheries in pursuit of regional integration;

(v)new technologies, research and innovation as well as policies and measures related to quality; and

(vi)trade policy developments concerning commodities and traditional agricultural products, including bananas, rum, rice and sugar;

(e)assist the CARIFORUM-EU Trade and Development Committee with regard to the following functions:

(i)to supervise and be responsible for the implementation and proper application of the provisions of the Agreement relating to agriculture and fisheries and to discuss and recommend cooperation priorities in this regard;

(ii)to oversee the further elaboration of the provisions of the Agreement relating to agriculture and fisheries and evaluate the results obtained in its application;

(iii)to undertake action to avoid disputes and to resolve disputes that may arise regarding the interpretation or application of provisions of the Agreement relating to agriculture and fisheries, in accordance with the provisions of Part III thereof;

(iv)to discuss and undertake actions that may facilitate trade, investment and business opportunities in the agricultural and fisheries sectors between the Parties; and

(v)to discuss any matters pertaining to the agriculture and fisheries provisions of the Agreement and any issue liable to affect the attainment of its objectives;

(f)make recommendations to the CARIFORUM-EU Trade and Development Committee with a view to enhancing the implementation and operation of the agriculture and fisheries provisions of the Agreement.

Article 3

The Special Committee on Agriculture and Fisheries shall be composed of representatives of the European Commission, on the one hand, and of representatives of the CARIFORUM Directorate and the Signatory CARIFORUM States, on the other.

Article 4

This Decision shall enter into force on […]

Done at […] on […] 2016.