{
  "url": "https://openlegislation.uk/eu-decision-2011-449/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2011-449/introduction.json",
  "legislation": "eudn/2011/449",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2011-449",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Decision\nof 28 June 2011\non 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\n(Text with EEA relevance)\n(2011/449/EU)\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving 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,\nHaving regard to the proposal from the European Commission,\nWhereas:\n(1)\nBy Decision 2005/269/EC, the Council approved on 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 (hereinafter referred to as ‘the Association Agreement’).\n(2)\nAnnex IV to the Association Agreement contains an Agreement on Sanitary and Phytosanitary (SPS) 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’).\n(3)\nPursuant to point (c) of Article 16(2) of the EU-Chile SPS Agreement, the Joint Management Committee for Sanitary and Phytosanitary matters (hereinafter referred to as ‘the Joint Management Committee’), established 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.\n(4)\nAppendix 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.\n(5)\nThe Republic of Chile would like to apply a processing treatment to bivalve molluscs which is not provided for in the relevant Union legislation.\n(6)\nIn order to evaluate if the proposed processing treatment 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 of both treatments.\n(7)\nThe second subparagraph of Article 7(4) of the EU-Chile SPS Agreement requires that Appendix V.A. to the EU-Chile SPS Agreement be amended to identify priority sectors or sub-sectors before consultations to assess equivalence can be initiated. The sector ‘fish products’ and its sub-sector ‘bivalve molluscs’ should therefore be introduced in the list of priorities in that Appendix.\n(8)\nThe 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 V.A. to Annex IV to the Association Agreement,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Council Decision 2005/269/EC of 28 February 2005 on 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 (OJ L 84, 2.4.2005, p. 19)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2011/449/introduction",
    "retrieved_at": "2026-11-01T15:15:43.839899+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}