Explanatory Memorandum to COM(2013)222 - EU position in the Joint Committee EU-Monaco on the application of certain Community Acts on the territory of Monaco

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1. CONTEXT OF THE PROPOSAL

The Agreement between the European Community and the Principality of Monaco on the application of certain Community Acts on the territory of the Principality of Monaco of 4 December 2003 i facilitates economic activities and trade in medicines for human and veterinary use, cosmetic products and medical devices between the Parties to the Agreement.

The Agreement provides in its Article 1, paragraph 1, that the Joint Committee established by the Agreement shall amend its Annex to ensure that European Union Acts falling within the scope of the Agreement apply on the territory of Monaco.

The Annex to the Agreement has never been updated since its entry into force in 2004. Since then, the European Union has adopted a number of acts that fall within the scope of the Agreement and some acts appearing in the Annex have been repealed.

The present proposal therefore aims to update the Annex to include the new acts and to remove the acts that have been repealed. In order to establish the position to be taken on behalf of the Union in the Joint Committee, a Council Decision is necessary.

1.

LEGAL ELEMENTS OF THE PROPOSAL



Summary of the proposed action

This is a proposal for a Council Decision on the position to be taken on behalf of the Union within the Joint Committee established by the Agreement, which should be based on the draft Joint Committee Decision in annex.

Legal basis

Article 207 of the Treaty on the Functioning of the European Union in conjunction with Article 218(9) thereof.

Choice of instrument

Article 218(9) of the Treaty on the Functioning of the European Union provides that a Council Decision establishes the position to be adopted on behalf of the European Union in a body set up by an agreement, when that body is called upon to adopt decisions having legal effects.

Proportionality

The proposal is in line with the principle of proportionality because its effects are strictly limited to what is necessary to update the Annex to the Agreement to reflect the state of EU legislation in the areas falling within its scope.