Explanatory Memorandum to COM(2019)344 - EU position in the Sanitary and Phytosanitary Management Sub-Committee established by the Association Agreement with Ukraine - Main contents
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| dossier | COM(2019)344 - EU position in the Sanitary and Phytosanitary Management Sub-Committee established by the Association Agreement with Ukraine. |
|---|---|
| source | COM(2019)344  |
| date | 22-07-2019 |
1. Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf in the EU-Ukraine Sanitary and Phytosanitary Management Sub-Committee (hereinafter “SPS Sub-Committee”) in connection with the envisaged adoption of a decision on the modification of Annex V of the Association Agreement.
2. Context of the proposal
2.1.The Association Agreement
The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part 1 (hereinafter “the Agreement”) aims to establish conditions for enhanced economic and trade relations leading towards Ukraine's gradual integration in the EU Internal Market, including by setting up a Deep and Comprehensive Free Trade Area as stipulated in Title IV (Trade and Trade-related Matters) of the Agreement, and to support Ukrainian efforts to complete the transition into a functioning market economy by means of, inter alia, the progressive approximation of its legislation to that of the Union. The Agreement entered into force on 1 September 2017.
2.2.The Sanitary and Phytosanitary Management Sub-Committee
The SPS Sub-Committee shall assist the Association Committee in its Trade configuration to achieve the objectives set out in Article 59 on facilitating trade in commodities covered by sanitary and phytosanitary measures whilst safeguarding human, animal and plant life or health. The SPS Sub-Committee adopts decisions, opinions, recommendations, reports and joint actions as provided for in Article 74 of the Agreement. The SPS Sub-Committee shall adopt its decisions by agreement between the Parties.
2.3.The envisaged act of the SPS Sub-Committee
The SPS Sub-Committee shall adopt a decision on the modification of Annex V of the Agreement, which lists the Union acquis to which Ukraine intends to approximate its legislation in the area of sanitary, phytosanitary and animal welfare measures such as provided for in Article 64 of the Agreement. A list (Comprehensive Strategy) was presented by Ukraine to the Commission in June 2016. Based on this list Council Decision (EU) 2017/1391 2 on the position to be taken on behalf of the European Union in the SPS Sub-Committee was adopted. However, the decision by the SPS Sub-Committee was never taken because Ukraine announced shortly thereafter that a number of clarifications and changes to the list was necessary, such as including certain legislative acts and to clarify deadlines for adoption. Following additional exchanges and clarifications on the list between the Commission and Ukraine during 2018, a revised list was technically agreed. Ukraine submitted the revised list in October 2018.
3. Position to be taken on the Union's behalf
The position to be adopted on behalf of the Union aims at modifying Annex V of the Agreement which lists the Union acquis to which Ukraine intends to approximate its legislation in the area of sanitary, phytosanitary and animal welfare measures as provided for in Article 64 of the Agreement.
The decision constitutes the legal instrument establishing the Union's position to be adopted on its behalf in the SPS Sub-Committee.
This decision implements the Union’s common commercial policy towards an Eastern Partner country, based on the provisions of the above-mentioned Association Agreement.
The Council Decision will also repeal Council Decision (EU) 2017/1391 as the list adopted by that decision has been amended and replaced by the list to this Decision.
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’ 3 .
4.1.2.Application to the present case
The SPS Sub-Committee is a body established by the Association Agreement. The act, which the SPS Sub-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 466 i of the Association 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 is Article 207 i in conjunction with 218(9) TFEU.
The main objective and content of the envisaged act relate to implementing the Union’s common commercial policy.
Therefore, the substantive legal basis of the proposed decision is Article 207 i.
4.3.Conclusion
The legal basis of the proposed decision should be Article 207 i, in conjunction with Article 218(9) TFEU.
5. Publication of the envisaged act
As the act of the Sanitary and Phytosanitary Management Sub-Committee will amend Annex V of the Association Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.