EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 52023PC0487
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs as regards the adoption of its rules of procedure
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs as regards the adoption of its rules of procedure
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs as regards the adoption of its rules of procedure
COM/2023/487 final
EUROPEAN COMMISSION
Brussels, 14.8.2023
COM(2023) 487 final
2023/0299(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs 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 set up by the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs in connection with the envisaged adoption of rules of procedure of the Joint Committee.
2.Context of the proposal
2.1.The EU-Iceland Agreement on the protection of geographical indications
The Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs (“the Agreement”) applies to the recognition and protection of geographical indications for agricultural products and foodstuffs other than wines, aromatised wine products and spirit drinks originating in the Parties' territories. The overall task of the Joint Committee is to monitor developments relating to the Agreement and to intensify the cooperation and dialogue on geographical indications. Pursuant to Article 10(3) of the Agreement, the Joint Committee shall also see to the proper functioning of the Agreement and may consider any matter related to its implementation and operation. It shall, in particular, be responsible for amending Annexes I and II of the Agreement and for exchanging information on legislative and policy developments, as well as any other matter of mutual interest in the area of geographical indications, and for exchanging information on geographical indications for the purpose of considering their protection in accordance with the Agreement.
The Agreement was signed on 23 March 2017 and entered into force on 1 May 2018 1 .
2.2.Joint Committee
Article 10(1) of the Agreement establishes a Joint Committee consisting of representatives of the European Union and Iceland.
Article 10(2) and (3) of the Agreement determine the functioning and responsibilities of the Joint Committee.
The overall task of the Joint Committee is to monitor developments relating to the Agreement and to intensify the cooperation and dialogue on geographical indications. Pursuant to Article 10(3) of the Agreement, the Joint Committee shall also see to the proper functioning of the Agreement and may consider any matter related to its implementation and operation. It shall, in particular, be responsible for amending Annexes I and II of the Agreement and for exchanging information on legislative and policy developments, as well as any other matter of mutual interest in the area of geographical indications, and for exchanging information on geographical indications for the purpose of considering their protection in accordance with the Agreement.
Pursuant to Article 10(2) of the Agreement, the Joint Committee shall adopt its decisions by consensus.
2.3.The envisaged act of the Joint Committee
According to the Agreement, the Joint Committee shall determine its own rules of procedure.
The purpose of the envisaged act is to adopt, in accordance with Article 10(2) of the Agreement, the rules of procedure governing the functioning of the Joint Committee and, in particular, to define in detail its decision-making process.
3.Position to be taken on the Union's behalf
The position to be adopted on behalf of the Union should enable the adoption of the rules of procedure of the Joint Committee on Geographical Indications.
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.’
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’ 2 .
4.1.2.Application to the present case
The Joint Committee is a body set up by an agreement, namely the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs.
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 10 of the Agreement.
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 main objective and content of the envisaged act relate to the common commercial policy.
Therefore, the substantive legal basis of the proposed decision is Article 207 TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 207 TFEU, in conjunction with Article 218(9) TFEU.
5.Publication of the envisaged act
Not applicable.
2023/0299 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs 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 Article 207(4), first subparagraph, 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 Iceland on the protection of geographical indications for agricultural products and foodstuffs 3 (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2017/1912 4 and it entered into force on 1 May 2018.
(2)Article 10(1) of the Agreement establishes a Joint Committee.
(3)Pursuant to Article 10(2) of the Agreement, the Joint Committee is to establish its own rules of procedure.
(4)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 these rules will be binding on the Union.
(5)The Union’s position within the Joint Committee is to be based on the draft rules of procedure attached to this Decision,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf in the Joint Committee as regards the adoption of its rules of procedure shall be based on the draft decision of that Joint Committee attached to this Decision.
Article 2
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 14.8.2023
COM(2023) 487 final
ANNEX
to the
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs as regards the adoption of its rules of procedure
ANNEX
DECISION NO 1. OF THE JOINT COMMITTEE
of DD MM 2023
on the adoption of its rules of procedure
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs 1 (hereinafter referred to as ‘the Agreement’), and in particular Article 10 thereof,
Whereas:
(1) Pursuant to Article 10(2) of the Agreement, the Joint Committee shall determine its rules of procedure.
(2) Rules of procedure of the Joint Committee of the Agreement should be established,
HAS ADOPTED THIS DECISION:
Article 1
The rules of procedure of the Joint Committee, as set out in the Annex, are hereby adopted.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at …,
For the Joint Committee
|
[TITLE] Ministry of Industries and Innovation of Iceland Co-chair of the Joint Committee |
Head of Unit Directorate-General for Agriculture and Rural Development of the European Commission Co-chair of the Joint Committee |
ANNEX
RULES OF PROCEDURE OF THE JOINT COMMITTEE
Article 1
Heads of Delegation
(1)The European Union and Iceland ("the Parties"), shall each appoint a Head of Delegation who shall be the contact person for all matters relating to the Committee.
(2)Each Head of Delegation may delegate all or any of the functions of Head of Delegation to a nominated deputy, in which case all references hereafter to the Head of Delegation apply equally to the nominated deputy.
Article 2
Chair
The office of Chair of the Committee shall be held alternately, for a period of one calendar year, by the Head of Delegation of each Party.
Article 3
Meetings
(1)Save as otherwise agreed by the Parties, the Committee shall meet alternately in the Union and Iceland upon the request of either Party, no later than 90 days from the request.
(2)Each meeting of the Committee shall be convened by the Chair on a date and in a place agreed by the Parties. The notice regarding the convening of the meeting shall be issued by the Chair no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
(3)Where both Parties agree, Committee meetings can be attended by experts that are able to supply requested specific information.
(4)Unless otherwise jointly agreed, the meetings of the Committee shall not be public.
(5)By way of exception, the meetings of the Committee may be held by any technological means agreed by the Parties, including video conference.
Article 4
Delegations
Before each meeting, each Party shall inform the other, through the Secretariat of the Committee, provided for in Article 5, of the intended composition of its delegation.
Article 5
Secretariat
A representative of the European Commission and a representative of Iceland shall be appointed by the respective Head of Delegation to act jointly as Secretaries of the Committee and shall execute secretarial tasks in a joint manner and in a spirit of mutual trust and cooperation.
Article 6
Correspondence
(1)Correspondence addressed to the Committee shall be directed to the Secretary of either of the Parties, who in turn shall inform the other Secretary.
(2)The Secretariat shall ensure that correspondence addressed to the Committee is forwarded to the Chair and circulated, where appropriate.
(3)Correspondence between the Parties may be by any written means, including electronic mail.
Article 7
Agendas for the meetings
(1)A provisional agenda for each meeting shall be drawn up by the Secretariat of the Committee on the basis of proposals made by the parties. The provisional agenda shall include items in respect of which the Secretariat of the Committee has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the meeting date.
(2)The provisional agenda, together with the relevant documents, shall be circulated no later than 15 calendar days before the beginning of the meeting.
(3)The agenda shall be adopted by the Chair and the other Head of Delegation at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
(4)The Chair may, in consultation with the Parties, reduce the time periods specified in paragraphs 1 and 2 in order to take account of special circumstances.
Article 8
Adoption of instruments
(1)The decisions of the Committee within the meaning of Article10 paragraphs (2) and (3) of the Agreement shall be adopted by consensus and addressed to the Parties. The decisions shall bear the signatures of the Chair and of the other Head of Delegation.
(2)Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.
(3)Either Party may decide to publish any decision adopted by the Committee.
Article 9
Written procedure
If the Parties so agree, the Committee may adopt decisions by written procedure, after the completion of the respective internal procedures. The written procedure shall consist of an exchange of notes between the two Secretaries, acting in agreement with the Parties. The Party proposing the use of the written procedure shall submit the draft decision to the other Party who shall reply, indicating whether it accepts or does not accept the draft, proposes any amendments, or requests further time for reflection. If the draft is adopted, it shall be finalised in accordance with Article 8(1).
Article 10
Minutes
(1)The Chair shall draw up draft minutes of each meeting and submit them to the other Head of Delegation within 20 working days of the meeting. The draft minutes shall state the recommendations made and may also note any other conclusions reached. The other Head of Delegation shall agree to the draft, or submit proposed amendments. Once there is agreement on the draft minutes, two original copies shall be signed by the Chair and by the other Head of Delegation. An original copy of the minutes shall be kept by the Chair and one by the other Head of Delegation.
(2)In the event there is no agreement on the minutes before the subsequent meeting is convened, the minutes shall record the draft drawn up by the Chair to which shall be annexed the proposed amendments submitted by the other Head of Delegation.
Article 11
Expenses
(1)Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Committee.
(2)Expenditure in connection with the organisation of meetings and the reproduction of documents shall be borne by the Party hosting the meeting.
Article 12
Confidentiality
The deliberations of the Committee shall be confidential.
