Legal provisions of COM(2006)63 - Community position concerning the rules of procedure of the Joint Committee established under Article 27 of the agreement with Canada on trade in wines and spirit drinks

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52006PC0063

Proposal for a Council Decision on a Community position concerning the rules of procedure of the Joint Committee established under Article 27 of the agreement between the European Community and Canada on trade in wines and spirit drinks /* COM/2006/0063 final - ACC 2006/0019 */


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Brussels, 17.02.2006

COM(2006) 63 final

2006/0019 (ACC)

Proposal for a

COUNCIL DECISION

on a Community position concerning the rules of procedure of the Joint Committee established under Article 27 of the agreement between the European Community and Canada on trade in wines and spirit drinks

(presented by the Commission)

EXPLANATORY MEMORANDUM

The “Agreement between the European Community and Canada on trade in wines and spirit drinks” entered in to force on 1 June 2004. Article 27 of this Agreement establishes a “Joint Committee” consisting of representatives of the Community and Canada. The Joint Committee sees to the proper functioning of the Agreement and may consider any matter related to its implementation and operation. In particular it shall be responsible for:

- recommending amendments to the Annexes as foreseen in the Agreement,

- making recommendations which would contribute to the attainment of the objectives of this Agreement or of the 1989 Agreement,

- exchanging information to optimise the operation of this Agreement,

- recommending proposals on issues of mutual interest to the Contracting Parties in the wine or spirits sector and

- establishing the schedule of fees and expenses payable to arbitrators acting for the resolution of disputes

The Joint Committee makes recommendations by consensus and determines its own rules of procedure. It meets at the request of either of the Contracting Parties no later than 90 days from the date of the request, alternately in the Community and in Canada, at a time and place, or in a manner mutually determined by the Contracting Parties, including by videoconference.

According to the draft rules of procedure the Chair of the Committee shall be held alternately by the Head of Delegation of each Party. The chair shall also be responsible for the secretarial duties of the Committee. Each party shall bear the expenses it incurs in taking part in the meetings of the Committee.

2006/0019 (ACC)

Proposal for a

COUNCIL DECISION

on a Community position concerning the rules of procedure of the Joint Committee established under Article 27 of the agreement between the European Community and Canada on trade in wines and spirit drinks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The agreement between the European Community and Canada on trade in wines and spirits was signed on 16 September 2003 and entered into force on 1 June 2004

(2) Article 27 of the agreement establishes a Joint Committee consisting of representatives of the Community and Canada.

(3) Article 27(2) of the agreement states that the Joint Committee shall determine its own rules of procedure.

(4) The Community should decide on the position to be adopted within the Joint Committee regarding the rules of procedure of this Joint Committee,

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be adopted by the Community within the Joint Committee set up by Article 27 of the Agreement between the European Community and Canada on trade in wines and spirit drinks of 16 September 2003, regarding the rules of procedure of said Joint Committee, shall be based on the draft decision of the Joint Committee, which is annexed to this Decision.