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15.12.2012 Official
Journal
of
the
European
Union
1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 25 June 2012
on the signing, on behalf of the European Union, of the Agreement establishing an Association
between the European Union and its Member States, on the one hand, and Central America on the
other, and the provisional application of Part IV thereof concerning trade matters
(2012/734/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6)
The provisional application of Part IV of the Agreement
does not prejudge the allocation of competences between
the European Union and its Member States in accordance
Having regard to the Treaty on the Functioning of the European
with the Treaties.
Union, and in particular Article 217 in conjunction with
Article 218(5) thereof,
(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 proposal from the European Commission,
modifications to the list of geographical indications
recommended by the Subcommittee on Intellectual
Property to the Association Committee for approval by
Whereas:
the Association Council pursuant to Articles 247 and
274.2(a) of the Agreement.
(1) On
23
April
2007
the
Council
authorised
the (8) It is appropriate to set out the relevant procedures for the
Commission to negotiate an Association Agreement
protection of geographical indications pursuant to the
with Central America, on behalf of the European
Agreement.
Union and its Member States. The negotiating directives
were amended on 10 March 2010 to include Panama in
the negotiation process.
(9) Pursuant
to
Article
356
of
the
Agreement,
it
is
appro
priate to clarify that the Agreement shall not be
construed as conferring rights or imposing obligations
(2) Those
negotiations
were
concluded
at
the
occasion
of
the
which can be directly invoked before Union or
EU-Latin American and Caribbean Summit in Madrid in
Member State courts and tribunals.
May 2010 and the Agreement establishing an
Association between the European Union and its
(10) The
provisions
of
the
Agreement
that
fall
within
the
Member States on the one hand, and Central America
scope of Part Three, Title V of the Treaty on the Func
on the other (hereinafter referred to as ‘the Agreement’)
tioning of the European Union bind the United Kingdom
was initialled on 22 March 2011.
and Ireland as separate Contracting Parties, and not as
part of the European Union, unless the European Union
together with the United Kingdom and/or Ireland have
(3) Article
353(4)
of
the
Agreement
provides
for
the
jointly notified the Central America Party that the United
provisional application of Part IV of the Agreement
Kingdom or Ireland is bound as part of the European
concerning trade matters.
Union in accordance with the Protocol (No 21) on the
position of the United Kingdom and Ireland in respect of
the area of Freedom, Security and Justice annexed to the
(4) The
Agreement
should
be
signed
on
behalf
of
the
European Union and Part IV thereof applied on a
Treaty on European Union and the Treaty on the Func
provisional basis, pending the completion of the
tioning of the European Union.
procedures for the conclusion of the Agreement.
(11) If
the
United
Kingdom
and/or
Ireland
ceases
to
be
bound
as part of the European Union in accordance with
(5) The
Agreement
does
not
affect
the
rights
of
investors
of
Article 4a of that Protocol (No 21), the European
the Member States to benefit from any more favourable
Union together with the United Kingdom and/or
treatment provided for in any agreement related to
Ireland shall immediately inform the Central America
investment to which a Member State and a signatory
Party of any change in their position. In that case, they
Central American Republic are Parties.
shall remain bound by the provisions of the Agreement

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EN
2 Official
Journal
of
the
European
Union
15.12.2012
in their own right. The same applies to Denmark in
position on the basis of the procedure laid down in Article 15(2)
accordance with the Protocol (No 22) on the position
of Council Regulation (EC) No 510/2006 of 20 March 2006 on
of Denmark annexed to those Treaties,
the protection of geographical indications and designations of
origin for agricultural products and foodstuffs ( 1 ).
HAS ADOPTED THIS DECISION:
Article 5
Article 1
1. A
name
protected
under
Annex
XVIII
to
the
Agreement
The signing of the Agreement establishing an Association
(Protected Geographical Indications) may be used by any
between the European Union and its Member States, on the
operator marketing agricultural products, foodstuffs, wines,
one hand, and Central America on the other, is hereby auth
aromatised wines or spirits conforming to the corresponding
orised on behalf of the Union, subject to the conclusion of the
specification.
said Agreement.
The text of the Agreement is attached to this Decision.
2. The Member States and the institutions of the European
Union shall enforce the protection provided for in Article 246
Article 2
of the Agreement, including at the request of an interested
party.
The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of
Article 6
the Union.
The applicable provision for the purposes of adopting the
Article 3
necessary implementing rules for the application of the rules
contained in Appendix 2A of Annex II (Concerning the Defi
Part IV of the Agreement shall be applied on a provisional basis
nition of the Concept of ‘Originating Products’ and Methods of
by the European Union in accordance with Article 353(4) of the
Administrative Cooperation) and Appendix 2 of Annex I (Elim
Agreement, pending the completion of the procedures for its
ination of Customs Duties) to the Agreement is Article 247a of
conclusion. Article 271 shall not be provisionally applied.
Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code ( 2 ).
In order to determine the date of provisional application the
Council shall fix the date by which the notification referred to
in Article 353(4) of the Agreement is to be sent to the
Article 7
Republics of Central America. That notification shall include
The Agreement shall not be construed as conferring rights or
reference to the provision which is not to be provisionally
imposing obligations which can be directly invoked before
applied.
Union or Member State courts and tribunals.
The date from which Part IV of the Agreement will be
provisionally applied shall be published in the Official Journal
Article 8
of the European Union by the General Secretariat of the Council.
This Decision shall enter into force on the day of its adoption.
Article 4
For the purposes of Article 247 of the Agreement, modifi
Done at Luxembourg, 25 June 2012.
cations of the Agreement through decisions of the Association
Council, as proposed by the Subcommittee on Intellectual
Property on geographical indications, shall be approved by the
For the Council
Commission on behalf of the European Union. Where interested
parties cannot reach agreement following objections relating to
The President
a geographical indication, the Commission shall adopt a
C. ASHTON
( 1 ) OJ L 93, 31.3.2006, p. 12.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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