Explanatory Memorandum to COM(2017)719 - EU position in the Joint Council with Mexico to take account of the accession of Croatia to the EU - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2017)719 - EU position in the Joint Council with Mexico to take account of the accession of Croatia to the EU. |
|---|---|
| source | COM(2017)719  |
| date | 01-12-2017 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The EU-Mexico free trade area came into being through decisions taken by the Joint Council created under the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part (the ‘Global Agreement’). These are Joint Council Decisions Nos 2/2000 of 23 March 2000 and 2/2001 of 27 February 2001.
As a result, these decisions are used to make the necessary adaptations to the trade provisions when new countries join the EU. The adaptations have not been addressed in the Third Additional Protocol to the Global Agreement.
Articles 5, 6, 7, 10 and 47 of the Global Agreement give the Joint Council the power to take decisions designed to meet the Agreement’s objectives, and in particular to decide on the appropriate arrangements and timetable for trade in goods, trade in services and public procurement.
With the Third Additional Protocol in force, the two above-mentioned Joint Council decisions must be amended so that the necessary adaptations can be made to the trade provisions in the Global Agreement. This specifically affects:
–The provisions in Joint Council Decision No 2/2000 of 23 March 2000, as amended by Joint Council Decisions Nos 3/2004 of 29 July 2004 and 2/2008 of 25 July 2008, that cover trade in goods, certification of origin and government procurement; and
–Joint Council Decision No 2/2001 of 27 February 2001, as amended by Joint Council Decisions Nos 4/2004 of 18 May 2005 and 3/2008 of 15 December 2008, so as to update the authorities responsible for financial services and those measures inconsistent with Articles 12 to 16 of Decision No 2/2001 that Croatia will maintain under Article 17(3) thereof.
The Commission recommends that the Council adopt the enclosed Council Decision on the position to be adopted, on behalf of the European Union, in the Joint Council to take account of the accession of the Republic of Croatia to the European Union.
• Consistency with other Union policies
This proposal is consistent with and contributes to the implementation of other EU external policies.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for establishing the European Union’s position to be taken in the committees set up by the Global Agreement is the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 91, 100(2), 207 and 211, in conjunction with Article 218(9) thereof.
• Choice of the instrument
This proposal is in accordance with Article 218(9) TFEU, which enables the Council to adopt decisions. No other legal instrument could achieve this proposal’s objectives.