Explanatory Memorandum to COM(2024)504 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)504 - . |
|---|---|
| source | COM(2024)504 |
| date | 31-10-2024 |
1. Subject matter of the proposal
This proposal is to set out the position to be taken on the EU’s behalf in the Joint Committee established by the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community on the amendment of Protocol 1 to that Agreement.
2. Context of the proposal
2.1. The Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community
The Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community0 (the Agreement) aims to of the eliminate the barriers to trade for the products covered by the Treaty establishing the European Coal and Steel Community. The Agreement entered into force on 1 August 1996.
2.2. The Joint Committee
The Joint Committee, set up in line with Article 14 of the Agreement, may decide to amend Protocol 1 (notably Article 39). The Joint Committee draws up its decisions and recommendations by agreement between the two parties (i.e. the ECSC and Türkiye).
2.3. The envisaged act of the Joint Committee
At its next meeting or by exchange of letters, the Joint Committee is to adopt a decision on the amendment of Protocol 1 (the envisaged act).
The purpose of the envisaged act is to amend Protocol 1 by replacing it with a new protocol to include a dynamic reference to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, so that it always refers to the latest version of the Convention in force.
The envisaged act will become binding on the parties, in line with Article 14 of the Agreement.
3. Position to be taken on the EU’s behalf
The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the Convention) lays down provisions on the origin of goods traded under relevant agreements concluded between the contracting parties. The EU and Türkiye signed the Convention on 15 June 2011 and on 4 November 2011 respectively.
The EU and Türkiye deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and on 4 December 2013 respectively. As a consequence, under its Article 10(2), the Convention entered into force for the EU and Türkiye on 1 May 2012 and on 1 February 2014 respectively.
The Convention was amended by Decision No 1/2023 of the Joint Committee of the Regional Convention on pan-Euro-Mediterranean Preferential Rules of Origin of 7 December 2023.
Article 6 of the Convention provides that each contracting party must take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Joint Committee established by the Agreement between the ECSC and Türkiye on trade in products covered by the Treaty establishing the ECSC should adopt a decision introducing the rules of the Convention under Protocol 1. This is done by introducing in the amended Protocol a reference to the Convention that will render it applicable.
The position to be taken by the EU in the Joint Committee should be established by the Council.
The proposed amendment is technical in nature and does not affect the substance of the protocol on rules of origin currently in effect. Therefore, it does not require an impact assessment.
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 because 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’0.
4.1.2. Application to the present case
The Joint Committee is a body set up by an agreement, namely the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community.
The act that the Joint Committee is called on to adopt has legal effects. It will be binding under international law in accordance with Article 14 of the 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 for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act for which a position is taken on the EU’s behalf.
4.2.2. Application to the present case
The main objective and content of the envisaged act relate to the common commercial policy.
The substantive legal basis of the proposed decision is therefore Article 207 i, first subparagraph, TFEU.
4.3. Conclusion
The legal basis of the proposed decision should be Article 207 i, first subparagraph, in conjunction with Article 218(9) TFEU.
5. Publication of the envisaged act
As the act of the Joint Committee will amend the Agreement, it would be appropriate to publish it in the Official Journal of the European Union after it has been adopted.