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21.12.2012 Official
Journal
of
the
European
Union
1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 31 May 2012
on the signing, on behalf of the Union, and provisional application of the Trade Agreement between
the European Union and its Member States, of the one part, and Colombia and Peru, of the other
part
(2012/735/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(7)
Pursuant to Article 218(7) of the Treaty, it is appropriate
for the Council to authorise the Commission to approve
Having regard to the Treaty on the Functioning of the European
certain limited modifications of the Agreement
Union, and in particular Article 91, Article 100(2) and the first
concerning geographical indications to be adopted by
subparagraph of Article 207(4), in conjunction with
the Trade Committee, as proposed by the Subcommittee
Article 218(5) thereof,
on Intellectual Property pursuant to Article 209(2) of the
Agreement.
Having regard to the proposal from the European Commission,
(8)
It is appropriate to set out the relevant procedures for the
Whereas:
protection of those geographical indications which are

given protection pursuant to the Agreement.
(1) On
19
January
2009,
the
Council
authorised
the
Commission to negotiate a multiparty trade agreement
(9) The
Agreement
should
not
be
construed
as
conferring
on behalf of the European Union and its Member States
rights or imposing obligations which can be directly
with the Member countries of the Andean Community
invoked before Union or Member State courts and
which shared the aim of reaching an ambitious, compre
tribunals,
hensive and balanced trade agreement.
HAS ADOPTED THIS DECISION:
(2) Those
negotiations
have
been
concluded
and
the
Trade
Agreement between the European Union its Member
States, of the one part, and Colombia and Peru, of the
Article 1
other part (hereinafter referred to as ‘the Agreement’) was
initialled on 23 March 2011.
The signing of the Trade Agreement between the European
Union and its Member States, of the one part, and Colombia
and Peru, of the other part, is hereby authorised on behalf of
(3) Article
330(3)
of
the
Agreement
provides
for
its the Union, subject to the conclusion of the said Agreement.
provisional application.
(4) The
Agreement
should
be
signed
on
behalf
of
the
Union The text of the Agreement is attached to this Decision.
and applied on a provisional basis, pending the
completion of the procedures for its conclusion.
Article 2
(5) The
Agreement
does
not
affect
the
rights
of
investors
of The President of the Council is hereby authorised to designate
the Member States to benefit from any more favourable
the person(s) empowered to sign the Agreement on behalf of
treatment provided for in any agreement relating to
the Union.
investment to which a Member State and a signatory
Andean country are Parties.
Article 3
(6) The
provisional
application
provided
for
in
this
Decision 1. The
Agreement,
with
the
exception
of
Articles
2,
202(1),
does not prejudge the allocation of competences between
291 and 292 thereof, shall be applied on a provisional basis by
the Union and its Member States in accordance with the
the Union as provided for in Article 330(3) thereof, pending the
Treaties.
completion of the procedures for its conclusion.

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EN
2 Official
Journal
of
the
European
Union
21.12.2012
2. In
order
to
determine
the
date
of
provisional
application 2. The Member States and the institutions of the Union shall
of the Agreement, the Council shall fix the date by which the
enforce the protection provided for in Article 210 of the
notification referred to in Article 330(3) thereof is to be sent to
Agreement, including at the request of an interested party.
Colombia and Peru. That notification shall include references to
those provisions which are not to be provisionally applied.
Article 6
The applicable provision for the purposes of adopting the
3. The
date
from
which
the
Agreement
will
be
provisionally necessary implementing rules for the application of the rules
applied shall be published in the Official Journal of the European
contained in Appendix 2A and Appendix 5 of Annex II
Union by the General Secretariat of the Council.
concerning the Definition of the concept of ‘originating
products’ and methods of administrative cooperation, and
Article 4
Appendix 1 of Annex I concerning the Elimination of
customs duties of the Agreement is Article 247a of Council
For the purposes of Article 209(2) of the Agreement, modifi
Regulation (EEC) No 2913/92 of 12 October 1992 establishing
cations of the Agreement concerning geographical indications
the Community Customs Code ( 2 ).
to be adopted by the Trade Committee, as proposed by the
Subcommittee on Intellectual Property, shall be approved by
Article 7
the Commission on behalf of the Union. Where interested
parties cannot reach agreement following objections relating
The Agreement shall not be construed as conferring rights or
to a geographical indication, the Commission shall adopt such
imposing obligations which can be directly invoked before
a position on the basis of the procedure laid down in
Union or Member State courts and tribunals.
Article 15(2) of Council Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indications
Article 8
and designations of origin for agricultural products and food
stuffs (
This Decision shall enter into force on the day of its adoption.

1 ).
Article 5
Done at Brussels, 31 May 2012.
1. A
name
protected
under
Appendix
1
of
Annex
XIII
(Lists
of geographical indications) to the Agreement may be used by
For the Council
any operator marketing agricultural products, foodstuffs, wines,
aromatised wines or spirits which comply with the
The President
corresponding specification.
P. OLSEN DYHR
( 1 ) OJ L 93, 31.3.2006, p. 12.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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