Explanatory Memorandum to COM(2011)262 - Union position on Decision No 1/2011 of the Joint Management Committee for Sanitary and Phytosanitary matters set up by the association agreement with Chile regarding the amendment of Appendix V.A. to Annex IV to the Association Agreement Proposal for a COUNCIL DECISION on a Union position on Decision No 1/2011 of the Joint Management Committee for Sanitary and Phytosanitary matters set up by the association agreement with Chile regarding the amendment of Appendix V.A. to Annex IV to the Association Agreement

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2011)262 - Union position on Decision No 1/2011 of the Joint Management Committee for Sanitary and Phytosanitary matters set up by the ...
source COM(2011)262 EN
date 16-05-2011
The Agreement establishing an Association between the European Community and its Member States and the Republic of Chile was signed on 18 November 2002. All Agreement provisions entered into force on 1 March 2005, after being ratified by the Member States.

Annex IV to the Agreement lays down the Sanitary and Phytosanitary (SPS) measures applicable to trade in animals and animal products, plants, plant products and other goods and animal welfare (hereinafter called the "SPS Agreement”).

Article 89 (3) of the Agreement, establishes that the Association Committee when dealing with SPS measures, shall be composed of representatives of the European Union and Chile with responsibility for SPS matters. This Committee is called the “Joint Management Committee for SPS matters and it is empowered to modify, by means of a decision, Appendices I to XII to the SPS Agreement as established in its Article 16  i c.

The European Union must adopt the position it is to take in the Joint Management Committee regarding the adoption of the amendment needed to update Appendix V.A. to the SPS Agreement. Under Article 4 i of Decision 2002/979/EC, the Union's position is to be adopted by the Council on a proposal from the Commission.

This proposed amendment concerns Appendix V.A. to the SPS Agreement, on priority sectors or sub-sectors for which equivalence may be recognised, and introduces the sector 'fish products' and its sub-sector 'bivalve molluscs' in the list of priorities.

The Republic of Chile would like to apply a processing treatment to bivalve molluscs harvested in production areas classified as B or C, according to the provisions of Regulation (EC) No 853/2004, which is not foreseen in EU law.

In order to evaluate if the proposed processing treatment could meet the same level of consumer protection as accomplished by the treatment provided in EU law, it is necessary to assess the equivalence of both treatments.

Following Article 7 (3) of the SPS Agreement, the determination of equivalence may only be initiated when priorities have been established in Appendix V.A.

In the light of progress made under the consultations procedures, the Parties have negotiated a proposal intended to modify Appendix V.A. to the Agreement.