EUROPEAN COMMISSION
Brussels, 30.9.2025
COM(2025) 568 final
2025/0309(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Trade Committee established by the Free Trade Agreement between the European Union and New Zealand, on the adoption of the operational guidelines of the Civil Society Forum
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
The Commission proposes that the Council establishes the position to be adopted on the European Union's behalf in the Trade Committee established by the Free Trade Agreement between the European Union and New Zealand (the ‘Agreement’) 1 , in connection with the envisaged adoption of the operational guidelines for the conduct of the Civil Society Forum under the Agreement.
2.Context of the proposal
2.1.The Agreement
The Agreement between the European Union and New Zealand entered into force on 1 May 2024. The Agreement establishes an institutional framework, including mechanisms for the Parties to consult civil society on the implementation of the Agreement, in particular through interaction with their domestic advisory groups and the Civil Society Forum referred to in Articles 24.6 and 24.7, respectively.
Article 24.7 of the Agreement provides for the facilitation by the Parties of the organisation of a Civil Society Forum to conduct a dialogue on the implementation of the Agreement. The Civil Society Forum is intended to convene in conjunction with the meeting of the Trade Committee. The Agreement further provides that the Parties are to agree within the Trade Committee on the operational guidelines for the conduct of the Civil Society Forum.
2.2.The envisaged act of the Trade Committee
The Trade Committee is to adopt a decision on the operational guidelines for the conduct of the Civil Society Forum. The decision on the operational guidelines should be adopted by the Trade Committee before the first meeting of the Civil Society Forum.
The purpose of the envisaged act is to establish a set of rules for the conduct of the Civil Society Forum.
The envisaged act will become binding on the Parties in accordance with Article 24.5(1) of the Agreement, which provides that: ‘The decisions adopted by the Trade Committee […] shall be binding on the Parties and […] [t]he Parties shall take measures necessary to implement the decisions adopted by the Trade Committee.’
3.Position to be taken on the Union's behalf
The position to be taken on the European Union's behalf in the Trade Committee shall be based on the draft decision of the Trade Committee attached to this proposal.
In line with Article 24.7 of the Agreement, the operational guidelines foresee that participation in the Civil Society Forum is open to independent civil society organisations of the European Union and New Zealand. The purpose of the Civil Society Forum is to conduct a dialogue on the implementation of the Agreement and its meetings may be conducted in person or by virtual means. The Agreement establishes that the Civil Society Forum will seek to meet in conjunction with the meeting of the Trade Committee.
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 Trade Committee is a body set up by an agreement, namely the Free Trade Agreement between the European Union and New Zealand.
The act which the Trade 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 24.5(1) 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 the first subparagraph of Article 207(4) TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be the first subparagraph of Article 207(4) TFEU, in conjunction with Article 218(9) TFEU.
2025/0309 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Trade Committee established by the Free Trade Agreement between the European Union and New Zealand, on the adoption of the operational guidelines of the Civil Society Forum
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 Free Trade Agreement between the European Union and New Zealand (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2024/244 3 and entered into force on 1 May 2024.
(2)Article 24.7 of the Agreement requires the Parties to agree at the first meeting of the Trade Committee, established by Article 24.1(1) of the Agreement, on operational guidelines for the conduct of the Civil Society Forum.
(3)It is therefore appropriate to establish the position to be taken on the Union's behalf in the Trade Committee,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union's behalf in the Trade Committee established by the Free Trade Agreement between the European Union and New Zealand, on a decision to be taken in accordance with Article 24.7 thereof, shall be based on the draft decision of the Trade Committee attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 30.9.2025
COM(2025) 568 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken on behalf of the European Union in the Trade Committee established by the Free Trade Agreement between the European Union and New Zealand, on the adoption of the operational guidelines of the Civil Society Forum
ANNEX
Draft
DECISION No XX/2025
of the Trade Committee established by the Free Trade Agreement between the European Union and New Zealand
of XX/XX/2025
as regards the adoption of operational guidelines for the conduct of the Civil Society Forum
The Trade Committee,
Having regard to the Free Trade Agreement between the European Union and New Zealand (hereinafter, ‘the Agreement’), and in particular Article 24.7 thereof,
Whereas:
(1)Article 24.7 of the Agreement requires the Parties to agree at the first meeting of the Trade Committee, established by Article 24.1(1) of the Agreement, on operational guidelines for the conduct of the Civil Society Forum.
(2)The Trade Committee should adopt operational guidelines for the conduct of the Civil Society Forum,
HAS ADOPTED THIS DECISION:
Article 1
The operational guidelines of the Agreement’s Civil Society Forum, as set out in the Annex, are hereby adopted.
Article 2
This Decision shall enter into force on the day of its adoption.
This Decision is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
For the Trade Committee
The Co-Chairs
ANNEX
OPERATIONAL GUIDELINES FOR THE CIVIL SOCIETY FORUM
under the EU-New Zealand Free Trade Agreement
These operational guidelines for the Civil Society Forum ("the Guidelines") provide a framework for the operation of the Civil Society Forum established under Article 24.7 of the EU-NZ Free Trade Agreement ("the FTA").
1.Participants
Each Party will apply its own rules and practices on the registration of participants in the Civil Society Forum to promote a balanced representation of civil society organisations established in its territory.
The participants will be able to attend the Civil Society Forum meeting in-person or by virtual means. The Parties may jointly decide to hold the meeting entirely virtually.
2.Timing and organisation
The Party hosting that year’s Trade Committee will be responsible for organising and hosting the Civil Society Forum.
Officials from the host Party will provide the secretariat function and the host Party will bear expenses associated with hosting, including the venue and facilitating the meeting. The host Party will not be responsible for meeting any participants’ costs. Where the Civil Society Forum is held in person, the host Party will be responsible for facilitating virtual participation as appropriate.
Where possible, the Civil Society Forum will be held at a time that enables involvement of participants from both New Zealand and the European Union.
3.Agenda and summaries
Each Party will endeavour to consult their respective Domestic Advisory Group on possible agenda items before the Parties finalise the draft agenda.
The agenda should include a presentation on the latest FTA implementation-related updates as well as an open discussion on the topics raised by the participants.
The Party hosting the Civil Society Forum will prepare a draft agenda. Once the agenda is finalised between the Parties, the Parties will endeavour to publish the agenda at least 15 days before the date of the Civil Society Forum meeting.
The host Party will draft a summary of the Civil Society Forum discussion in consultation with the other Party, within 30 days after the date of the Civil Society Forum meeting. The summary will be made publicly available.
The Parties will periodically review the Guidelines ahead of the Trade Committee being convened, and may decide to amend the Guidelines by agreement at the Trade Committee.