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23.7.2011 Official
Journal
of
the
European
Union L
193/5
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 28 June 2011
on the position to be taken by the European Union within the Joint Management Committee for
Sanitary and Phytosanitary matters set up by the Agreement establishing an Association between
the European Community and its Member States, of the one part, and the Republic of Chile, of the
other part as regards the amendment of Appendix V.A. to Annex IV to that Agreement
(Text with EEA relevance)
(2011/449/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4) Appendix
V.A.
to
the
EU-Chile
SPS
Agreement
should
contain priority sectors or sub-sectors in order of
priority for which equivalence may be recognised.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 168(4)(b) in conjunction with
Article 218(9) thereof,
(5) The
Republic
of
Chile
would
like
to
apply
a
processing
treatment to bivalve molluscs which is not provided for
in the relevant Union legislation.
Having regard to the proposal from the European Commission,
(6) In
order
to
evaluate
if
the
proposed
processing
treatment
Whereas:
could meet the same level of consumer protection as
accomplished by the treatment provided for by the
Union legislation, it is necessary to assess the equivalence
(1) By
Decision
2005/269/EC
( 1 ), the Council approved on
of both treatments.
behalf of the Community the conclusion of the
Agreement establishing an Association between the
European Community and its Member States, of the
one part, and the Republic of Chile, of the other part
(7) The
second
subparagraph
of
Article
7(4)
of
the
EU-Chile
SPS Agreement requires that Appendix V.A. to the EU-
(hereinafter referred to as ‘the Association Agreement’).
Chile SPS Agreement be amended to identify priority
sectors or sub-sectors before consultations to assess
equivalence can be initiated. The sector ‘fish products’
(2) Annex
IV
to
the
Association
Agreement
contains
an
and its sub-sector ‘bivalve molluscs’ should therefore be
Agreement on Sanitary and Phytosanitary (SPS)
introduced in the list of priorities in that Appendix.
measures applicable to trade in animals and animal

products, plants, plant products and other goods and
animal welfare (hereinafter referred to as ‘the EU-Chile
SPS Agreement’).
(8) The
Union
should
therefore
take
the
position
set
out
in
the attached draft Decision of the Joint Management
Committee with regard to the amendment of Appendix
(3)
Pursuant to point (c) of Article 16(2) of the EU-Chile SPS
V.A. to Annex IV to the Association Agreement,
Agreement, the Joint Management Committee for
Sanitary and Phytosanitary matters (hereinafter referred
to as ‘the Joint Management Committee’), established
HAS ADOPTED THIS DECISION:
by Article 89(3) of the Association Agreement, is
empowered to modify, by means of a decision,
Appendices I to XII to the EU-Chile SPS Agreement.
Article 1
The position to be taken by the European Union within the
( 1 ) Council Decision 2005/269/EC of 28 February 2005 on the
Joint Management Committee for Sanitary and Phytosanitary
conclusion of the Agreement establishing an Association between
matters (hereinafter referred to as ‘the Joint Management
the European Community and its Member States, of the one part,
and the Republic of Chile, of the other part (OJ L 84, 2.4.2005,
Committee’), established under the Agreement establishing an
p. 19).
Association between the European Community and its Member

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L 193/6
EN
Official Journal of the European Union
23.7.2011
States, of the one part, and the Republic of Chile, of the other
Article 3
part regarding the amendment to Appendix V.A. to the EU-
Chile SPS Agreement shall be based on the draft Decision of
This Decision shall enter into force on the day following its
the Joint Management Committee, attached to this Decision.
publication in the Official Journal of the European Union.
Done at Luxembourg, 28 June 2011.
Article 2
The Decision of the Joint Management Committee on the
For the Council
amendment to Appendix V.A. to the EU-Chile SPS Agreement
shall be published in the Official Journal of the European Union as
The President
soon as it has been adopted.
FAZEKAS S.

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EN
23.7.2011 Official
Journal
of
the
European
Union L
193/7
DRAFT
DECISION No …/2011 OF THE JOINT MANAGEMENT COMMITTEE FOR SANITARY AND
PHYTOSANITARY MATTERS SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN
COMMUNITY AND THE REPUBLIC OF CHILE ON SANITARY AND PHYTOSANITARY
MEASURES APPLICABLE TO TRADE IN ANIMALS AND ANIMAL PRODUCTS, PLANTS AND
PLANT PRODUCTS AND OTHER GOODS AND ANIMAL WELFARE
of …
amending Appendix V.A. to Annex IV to the Agreement
THE JOINT MANAGEMENT COMMITTEE,
HAS ADOPTED THIS DECISION:
Having regard to the Agreement between the European
Community and its Member States and the Republic of Chile
Article 1
on Sanitary and Phytosanitary measures applicable to trade in
Appendix V.A. to the EU-Chile SPS Agreement is replaced by
animals and animal products, plants, plant products and other
the text appearing in the Annex to this Decision.
goods and animal welfare (hereinafter referred to as ‘EU-Chile
SPS Agreement’), and in particular Article 7(4), second
subparagraph thereof,
Article 2
Whereas:
This Decision, drawn up in duplicate, shall be signed by the
Joint Chairmen of the Joint Management Committee or other
(1) Article
7(1)
of
the
EU-Chile
SPS
Agreement
provides
that persons empowered to act on behalf of the Parties. It shall be
equivalence may be recognised in relation to an indi
adopted by means of an exchange of written notes between the
vidual measure and/or groups of measures and/or
two Secretaries acting in agreement with the Parties certifying
systems applicable to a sector or sub-sector.
the completion of the necessary legal internal procedures.
(2) Article
7(4)
of
the
EU-Chile
SPS
Agreement
establishes
that the sectors or sub-sectors for which the process for
Article 3
recognition of equivalence may be initiated are to be set
This Decision shall enter into force on the date of issue of the
out in order of priority in Appendix V.A.
last written note exchanged.
(3) The
Republic
of
Chile
expressed
interest
to
include
bivalve molluscs as a sub-sector of fishery products in
Appendix V.A. as a priority sector to initiate assessment
Signed at Santiago, [date] Signed
at
Brussels,
[date]
of equivalence of the measures applied to them.
(4) The Parties agreed at the fifth meeting of the Joint
For the Joint Management Committee
Management Committee to initiate the procedure to
modify accordingly Appendix V.A. to the EU-Chile SPS
Head of Delegation
Head of Delegation
Agreement,
of the Republic of Chile
of the European Union

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L 193/8
EN
Official Journal of the European Union
23.7.2011
ANNEX
Appendix V
PRIORITY SECTORS OR SUB-SECTORS FOR WHICH EQUIVALENCE MAY BE RECOGNISED AND
CONDITIONS AND PROVISIONS FOR PROVISIONAL APPROVAL OF ESTABLISHMENTS
A. Priority sectors or sub-sectors for which equivalence may be recognised
(1) Sector: Fishery products
Sub-sector: Bivalve molluscs

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