2005/168/EC: Decision No 1/2003 of the Association Committee of the SPS Agreement EU-Chile called Joint Management Committee of 24 October 2003 concerning the rules of procedure of the Association Committee of the SPS Agreement EU-Chile called Joint Manag


Published: 2003-10-24

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1.3.2005   

EN

Official Journal of the European Union

L 55/93


Established in Article 89(3) of the Association Agreement between the European Community and its Member States of the one part and the Republic of Chile of the other part and referred to in Article 16 of the Agreement on Sanitary and Phytosanitary Measures Applicable to Trade in Animals and Animal Products, Plants, Plant Products and other Goods and Animal Welfare, which is attached as Annex IV to the Association Agreement and hereinafter referred to as the SPS Agreement.

Article 1

Chair

1.   The JMC shall be chaired alternately for periods of 12 months by an official of the Commission of the European Community, on behalf of the Community and its Member States, and by an official of the Chilean Government, at senior official level.

2.   The first Chair period shall begin on the date of the first Association Council meeting and end on 31 December of the same year. For that period and thereafter for each 12-month period, the JMC shall be chaired by the Party holding the Chair in the Association Council.

Article 2

Meetings

1.   The meetings of the JMC shall be convened by the Party holding the Chair at a date and place agreed by both Parties with a frequency as established in accordance with the provisions of Article 16(1) of the SPS Agreement.

2.   If agreed by both Parties the meetings of the JMC may be held by video or teleconference.

3.   To enable the JMC to address issues out of session by correspondence the Parties shall so agree. Information exchange shall be made in accordance with the provisions of Article 12(5) of the SPS Agreement.

Article 3

Delegations

Before each meeting, the Chairperson of the JMC shall be informed of the intended composition of the other Party.

Article 4

Information exchange

All documents of the JMC provided for in Articles 6, 7 and 9 of these rules of procedure shall be forwarded to the Mission of Chile to the EU and the Delegation of the Commission to Chile and the Secretaries and the Chairperson of the Association Council.

Article 5

Publicity

Unless otherwise decided, the meetings of the JMC shall not be public.

Article 6

Agenda for the meeting

1.   A provisional agenda for each meeting shall be drawn up by the Parties jointly. It shall be forwarded to the Chairperson no later than 15 days before the beginning of the meeting.

2.   The agenda shall be adopted by the JMC at the beginning of each meeting.

3.   An item other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree.

4.   The Chairperson in agreement with the other Party may ask experts to attend its meetings in order to provide information on particular subjects.

5.   The Parties shall agree at the start of the meeting on the language arrangement for the meeting and for the minutes of the meeting.

Article 7

Minutes

1.   Draft minutes of each meeting shall be drawn up jointly by the two Parties as soon as possible.

2.   The minutes shall, as a general rule, indicate in respect of each item on the agenda:

(a)

the documents submitted to the JMC,

(b)

any statement that a member of the JMC has asked to be entered,

(c)

the decisions taken, recommendations made, statements agreed upon and conclusions adopted on specific items.

3.   The minutes shall also include a list of participants in the meeting.

4.   The minutes shall be approved in writing by both Parties within two months of the date of the meeting. Once approved, two authentic copies of the minutes shall be signed by the Chairperson and his/her counterpart of the other Party and one original copy shall be filed by each of the Parties. A copy of the minutes shall be forwarded to the Chairman and the Secretaries of the Association Council.

Article 8

Action plan

The JMC shall adopt an action plan reflecting the actions agreed upon by the Parties during the meeting. The implementation by the Parties of this action plan will be reviewed by the JMC in its next meeting.

Article 9

Decisions and recommendations

1.   Where the JMC is empowered under Annex IV to the Association Agreement to adopt decisions or recommendations such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively, and followed by a serial number, the date of their adoption an a description of their subject. Each Decision shall specify the date of its entry into force.

2.   Whenever the JMC takes a Decision, Articles 10, 11 and 12 of the rules of procedures of the Association Council shall apply mutatis mutandis.

3.   Decisions and Recommendations of the JMC shall be forwarded to the addresses referred to in Article 4(1).

Article 10

Expenses

1.   The Republic of Chile and the European Community shall each meet any expenses incurred as a result of participating in the meetings of the JMC, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.

2.   Expenditure in connection with the practical organisation of meetings, interpreting at meetings and reproduction of documents shall be borne by the Party hosting the meeting.

3.   Expenditure in connection with interpreting at meetings and translation of documents into or from Spanish and English shall be borne by the Party hosting the meeting. Interpreting and translation into or from the other official languages of the Community shall be borne by the Community.

This Decision shall enter into force on the date of its adoption.

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Macarena Vidal Ogueta

Dirección General de Relaciones Económicas Internacionales

Ministerio de Relaciones Exteriores

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Alejandro Checchi Lang

European Commission, DG SANCO

Food Safety, plant health, animal health and welfare, international questions