Explanatory Memorandum to COM(2014)295 - EU position within the Sub-committee on Sanitary and Phytosanitary measures set up by the Trade Agreement with Colombia and Peru as regards its Rules of Procedure

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1. CONTEXT OF THE PROPOSAL

The Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part was signed on 26 June 2012, and has been provisionally applied since 1 March 2013 with Peru, and since 1 August 2013 with Colombia.

Article 103 of the Agreement establishes a Sub-committee on Sanitary and Phytosanitary Measures (the “SPS Sub-committee”), which shall ensure and monitor the implementation of Chapter 5 of the Trade Agreement, which relates to Sanitary and Phytosanitary measures, and consider any matter that could affect compliance with the provisions of this Chapter. The SPS Sub-committee shall adopt its working procedures at its first meeting.

The attached draft Council decision constitutes the proposal for a legal act approving the position to be taken by the European Union in the SPS Sub-committee, to adopt its Rules of Procedure.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES



The Rules of Procedure for the SPS Sub-committee have been previously discussed with Colombia and Peru and have been the subject of a preliminary agreement in the framework of the preparation of the first SPS Sub-committee for the implementation of the Agreement. These Rules of Procedure should be now submitted to the internal procedures of the Parties for the final agreement.

2.

LEGAL ELEMENTS OF THE PROPOSAL



Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(9) thereof, the Commission is submitting a proposal to the Council for a decision on establishing the position to be adopted on the Union’s behalf in the SPS Sub-committee set up by this Trade Agreement.