Council Decision (EU) 2019/1260Show full title

Council Decision (EU) 2019/1260

of 15 July 2019

on the position to be taken on behalf of the European Union within the Trade Committee established by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the amendment of Appendices 2-C-2 and 2-C-3 of Annex 2-C of the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part(1) (hereinafter the ‘Agreement’, the parties to which are hereinafter referred to as the ‘Parties’), signed on 6 October 2010, was concluded by the Union by Council Decision (EU) 2015/2169(2). It has been applied as of 1 July 2011(3).

(2) Article 15.1 of the Agreement establishes a Trade Committee, which may, inter alia, consider amendments to the Agreement or amend provisions of the Agreement in cases specifically provided for in the Agreement. Article 15.5.2 of the Agreement establishes that the Parties may decide within the Trade Committee to amend the Annexes, Appendices, Protocols and Notes to the Agreement, subject to the Parties' respective applicable legal requirements and procedures.

(3) Under Article 3(d) of Annex 2-C of the Agreement, the Parties are to review Appendices 2-C-2 and 2-C-3 of Annex 2-C no less than every three years from the entry into force of the Agreement with a view to furthering the acceptance of products as set out in subparagraph (a) of the same Article, taking into account any regulatory developments that may have occurred internationally or within the Parties. Article 3(d) of Annex 2-C further specifies that any modifications to Appendices 2-C-2 and 2-C-3 shall be decided upon by the Trade Committee.

(4) Since the Agreement began to apply, the technical regulations mentioned in Appendices 2-C-2 and 2-C-3 of Annex 2-C of the Agreement have changed, as has some of the product coverage. In order to take into account these developments, the Union and Korea have modified the technical regulations while maintaining the same degree of market access covered by Article 1.2 of Annex 2-C of the Agreement.

(5) It is appropriate to establish the position to be taken on the Union's behalf within the Trade Committee.

(6) The position of the Union within the Trade Committee should therefore be to support the adoption of the attached draft decision of the Trade Committee,

HAS ADOPTED THIS DECISION:

(1)

OJ L 127, 14.5.2011, p. 6.

(2)

Council Decision (EU) 2015/2169 of 1 October 2015 on the conclusion of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 307, 25.11.2015, p. 2).

(3)

Notice concerning the provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 168, 28.6.2011, p. 1).