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Council Decision (EU) 2019/104 of 22 May 2018 on the position to be adopted, on behalf of the European Union, within the EU-Mexico Joint Council established under the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, as regards the amendment of Decisions No 2/2000 and No 2/2001 of the Joint Council to take account of the accession of the Republic of Croatia to the European Union

EU Decision 2019/104 · Adopted 22 May 2018 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Decision (EU) 2019/104

of 22 May 2018

on the position to be adopted, on behalf of the European Union, within the EU-Mexico Joint Council established under the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, as regards the amendment of Decisions No 2/2000 and No 2/2001 of the Joint Council to take account of the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), Articles 207 and 211, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other partf1 (the ‘Global Agreement’), was signed on 8 December 1997 and entered into force on 1 October 2000.

(2)

On 14 September 2012, the Council authorised the Commission to open negotiations with the United Mexican States for the Third Additional Protocol to the Global Agreement to take account of the accession of the Republic of Croatia to the European Union (the ‘Protocol’).

(3)

The negotiations were successfully concluded and in accordance with Council Decision (EU) 2018/2024f2, the Protocol was signed on 27 November 2018.

(4)

Articles 5, 6, 7, 10 and 47 of the Global Agreement empower the EU-Mexico Joint Council established under Article 45 of the Global Agreement (the ‘Joint Council’) to take decisions aimed at attaining the Global Agreement's objectives, and in particular to decide on the appropriate arrangements and timetable for trade in goods, trade in services and public procurement.

(5)

Because Croatia is a Party to the Global Agreement, it is necessary to adapt several provisions of:

  • Decision No 2/2000 of the Joint Councilf3, as amended by Decisions No 3/2004f4 and No 2/2008f5, concerning trade in goods, certification of origin and government procurement, and

  • Decision No 2/2001f6, as amended by Decisions No 4/2004f7 and No 3/2008f8, to update the list of authorities responsible for financial services and those measures inconsistent with Articles 12 to 16 of Decision No 2/2001 that Croatia will maintain under Article 17(3) thereof.

(6)

The position of the Union within the Joint Council should therefore be based on the attached draft Decisions,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

OJ L 276, 28.10.2000, p. 45.

f2

Council Decision (EU) 2018/2024 of 22 May 2018 on the signing, on behalf of the European Union and its Member States, and provisional application of the Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 325, 20.12.2018, p. 1).

f3

Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 (OJ L 157, 30.6.2000, p. 10).

f4

Decision No 3/2004 of the EC-Mexico Joint Council of 29 July 2004 amending Joint Council Decision No 2/2000 of 23 March 2000 (OJ L 293, 16.9.2004, p. 15).

f5

Decision No 2/2008 of the EU-Mexico Joint Council of 25 July 2008 amending Joint Council Decision No 2/2000, as amended by Joint Council Decision No 3/2004 (OJ L 198, 26.7.2008, p. 55).

f6

Decision No 2/2001 of the EU-Mexico Joint Council of 27 February 2001 implementing Articles 6, 9, 12(2)(b) and 50 of the Economic Partnership, Political Coordination and Cooperation Agreement (OJ L 70, 12.3.2001, p. 7).

f7

Decision No 4/2004 of the EU-Mexico Joint Council of 18 May 2005 amending Joint Council Decision No 2/2001 (OJ L 192, 22.7.2005, p. 35).

f8

Decision No 3/2008 of the EU-Mexico Joint Council of 15 December 2008 amending Joint Council Decision No 2/2001, as amended by Decision No 4/2004 (OJ L 137, 3.6.2009, p. 7).

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Attachment
  5. 1Article 1
  6. 2Article 2
  7. 3Article 3
  8. 4Article 4
  9. Schedule ANNEX ITARIFF ELIMINATION SCHEDULE OF THE COMMUNITY
  10. Schedule ANNEX IINEW LANGUAGE VERSIONS OF ADMINISTRATIVE REMARKS AND ‘INVOICE DECLARATION’ CONTAINED IN ANNEX III TO DECISION No 2/2000
  11. Schedule ANNEX III: CENTRAL GOVERNMENTAL ENTITIES
  12. 1The following central governmental entities are added to Section 1 of Part B of Annex VI to Decision No 2/2000:
  13. 2The following bodies and categories of bodies are added to the Attachment to Section 2 of Part B of Annex VI to Decision No 2/2000:
  14. Schedule ANNEX IVPUBLICATIONS
  15. Attachment
  16. 1Article 1
  17. 2Article 2
  18. 3Article 3

1

1.

The position to be adopted on the Union's behalf within the EU-Mexico Joint Council established under the Global Agreement as regards the amendment of Decisions No 2/2000 and No 2/2001 of the Joint Council to take account of the accession of Croatia to the Union, shall be based on the draft Decisions of the Joint Council attached to this Decision.

2.

Minor technical changes to the draft Decisions may be agreed to by the representatives of the Union in the Joint Council without a further decision of the Council.

2

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

Signature

Done at Brussels, 22 May 2018.

For the Council

The President

E. Karanikolov

DRAFT 1

DECISION No 1/2018 OF THE EU-MEXICO JOINT COUNCIL

of …

amending Decision No 2/2000

THE JOINT COUNCIL,

Having regard to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other partf1 (the ‘Global Agreement’), and in particular Articles 5 and 10 in conjunction with Article 47 thereof,

Whereas:

(1)

Following the accession of the Republic of Croatia (‘Croatia’) to the European Union on 1 July 2013, the Third Additional Protocol to the Global Agreement was signed in … on … and is applicable since …f2.

(2)

In view of that, it is necessary to adapt, with effect from the date on which Croatia acceded to the Global Agreement, certain provisions of Decision No 2/2000f3, as amended by Decisions No 3/2004f4 and No 2/2008f5, concerning trade in goods, certification of origin and government procurement.

(3)

Articles 5, 6, 7, 10 and 47 of the Global Agreement empower the Joint Council established under Article 45 of the Global Agreement to take decisions for the purpose of attaining the objectives of the Global Agreement, and in particular to decide on the appropriate arrangements and timetable related to trade in goods, trade in services and public procurement,

HAS ADOPTED THIS DECISION:

Done at …,

For the Joint Council

The President

1

1.

Annex I to Decision 2/2000/EC is amended as set out in Annex I to this Decision.

2.

This Article does not affect the content of the review clause set out in Article 10 of Decision No 2/2000.

2

Articles 17(4) and 18(2) and Appendix IV to Annex III to Decision 2/2000/EC are amended as set out in Annex II to this Decision.

3

1.

The entities of Croatia listed in Annex III to this Decision are added to the relevant sections of Part B of Annex VI to Decision 2/2000/EC.

2.

The publications of Croatia listed in Annex IV to this Decision are added to Part B of Annex XIII to Decision 2/2000/EC.

4

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

It shall apply from the date on which Croatia acceded to the Global Agreement.

Schedule ANNEX ITARIFF ELIMINATION SCHEDULE OF THE COMMUNITY

The following is inserted in Annex I to Decision No 2/2000:

This annual tariff quota shall be open from 1 January to 31 December of each calendar year. However, it shall be applied for the first time from the third day after the publication of this Decision in the Official Journal of the European Union.’.
CN codeDescriptionQuantity of the annual tariff quotaTariff quota duty rate
‘0803 00 19Bananas, fresh (excluding plantains)2 010 tonnesf1 70 EUR/tonne

Schedule ANNEX IINEW LANGUAGE VERSIONS OF ADMINISTRATIVE REMARKS AND ‘INVOICE DECLARATION’ CONTAINED IN ANNEX III TO DECISION No 2/2000

Annex III to Decision No 2/2000 is amended as follows:

  1. (1)

    in Article 17, paragraph 4 is replaced by the following:

    ‘4.

    Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

    • BG ‘ИЗДАДЕН ВПОСЛЕДСТВИЕ’

    • ES ‘EXPEDIDO A POSTERIORI’

    • CS ‘VYSTAVENO DODATEČNE’

    • DA ‘UDSTEDT EFTERFØLGENDE’

    • DE ‘NACHTRÄGLICH AUSGESTELLT’

    • ET ‘TAGANTJÄRELE VÄLJA ANTUD’

    • EL ‘ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’

    • EN ‘ISSUED RETROSPECTIVELY’

    • FR ‘DÉLIVRÉ A POSTERIORI’

    • HR ‘NAKNADNO IZDANO’

    • IT ‘RILASCIATO A POSTERIORI’

    • LV ‘IZSNIEGTS RETROSPEKTĪVI’

    • LT ‘RETROSPEKTYVUSIS IŠDAVIMAS’

    • HU ‘KIADVA VISSZAMENŐLEGES HATÁLLYAL’

    • MT ‘MAHRUG RETROSPETTIVAMENT’

    • NL ‘AFGEGEVEN A POSTERIORI’

    • PL ‘WYSTAWIONE RETROSPEKTYWNIE’

    • PT ‘EMITIDO A POSTERIORI’

    • RO ‘EMIS A POSTERIORI’

    • SK ‘VYDANÉ DODATOČNE’

    • SL ‘IZDANO NAKNADNO’

    • FI ‘ANNETTU JÄLKIKÄTEEN’

    • SV ‘UTFÄRDAT I EFTERHAND’’;

  2. (2)

    in Article 18, paragraph 2 is replaced by the following:

    ‘2.

    The duplicate issued pursuant to paragraph 1 must be endorsed with one of the following words:

    • BG ‘ДУБЛИКАТ’

    • ES ‘DUPLICADO’

    • CS ‘DUPLIKÁT’

    • DA ‘DUPLIKAT’

    • DE ‘DUPLIKAT’

    • ET ‘DUPLIKAAT’

    • EL ‘ΑΝΤΙΓΡΑΦΟ’

    • EN ‘DUPLICATE’

    • FR ‘DUPLICATA’

    • HR ‘DUPLIKAT’

    • IT ‘DUPLICATO’

    • LV ‘DUBLIKĀTS’

    • LT ‘DUBLIKATAS’

    • HU ‘MÁSODLAT’

    • MT ‘DUPLIKAT’

    • NL ‘DUPLICAAT’

    • PL ‘DUPLIKAT’

    • PT ‘SEGUNDA VIA’

    • RO ‘DUPLICAT’

    • SK ‘DUPLIKÁT’

    • SL ‘DVOJNIK’

    • FI ‘KAKSOISKAPPALE’

    • SV ‘DUPLIKAT’’;

  3. (3)

    the following is added to Appendix IV after the French version:

    ‘Croatian version

    Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br.…f1) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi…f2 preferencijalnog podrijetla.’.

1The following central governmental entities are added to Section 1 of Part B of Annex VI to Decision No 2/2000:

‘AC – Croatia

1Croatian Parliament Hrvatski Sabor
2President of the Republic of Croatia Predsjednik Republike Hrvatske
3Office of the President of the Republic of Croatia Ured predsjednika Republike Hrvatske
4Office of the President of the Republic of Croatia after the expiry of the term of office Ured predsjednika Republike Hrvatske po prestanku obnašanja dužnosti
5Government of the of the Republic of Croatia Vlada Republike Hrvatske
6Offices of the Government of the Republic of Croatia uredi Vlade Republike Hrvatske
7Ministry of Economy Ministarstvo gospodarstva
8Ministry of Regional Development and EU Funds Ministarstvo regionalnoga razvoja i fondova Europske unije
9Ministry of Finance Ministarstvo financija
10Ministry of Defence Ministarstvo obrane
11Ministry of Foreign and European Affairs Ministarstvo vanjskih i europskih poslova
12Ministry of the Interior Ministarstvo unutarnjih poslova
13Ministry of Justice Ministarstvo pravosuđa
14Ministry of Public Administration Ministarstvo uprave
15Ministry of Entrepreneurship and Crafts Ministarstvo poduzetništva i obrta
16Ministry of Labour and Pension System Ministarstvo rada i mirovinskoga sustava
17Ministry of Maritime Affairs, Transport and Infrastructure Ministarstvo pomorstva, prometa i infrastrukture
18Ministry of Agriculture Ministarstvo poljoprivrede
19Ministry of Tourism Ministarstvo turizma
20Ministry of Environmental and Nature Protection Ministarstvo zaštite okoliša i prirode
21Ministry of Construction and Physical Planning Ministarstvo graditeljstva i prostornoga uređenja
22Ministry of Veterans' Affairs Ministarstvo branitelja
23Ministry of Social Policy and Youth Ministarstvo socijalne politike i mladih
24Ministry of Health Ministarstvo zdravlja
25Ministry of Science, Education and Sports Ministarstvo znanosti, obrazovanja i sporta
26Ministry of Culture Ministarstvo kulture
27State administrative organisations državne upravne organizacije
28County state administration offices uredi državne uprave u županijama
29Constitutional Court of the Republic of Croatia Ustavni sud Republike Hrvatske
30Supreme Court of the Republic of Croatia Vrhovni sud Republike Hrvatske
31Courts sudovi
32State Judiciary Council Državno sudbeno vijeće
33State attorney's offices državna odvjetništva
34State Prosecutor's Council Državno odvjetničko vijeće
35Ombudsman's offices pravobraniteljstva
36State Commission for the Supervision of Public Procurement Procedures Državna komisija za kontrolu postupaka javne nabave
37Croatian National Bank Hrvatska narodna banka
38State agencies and offices državne agencije i uredi
39State Audit Office Državni ured za reviziju

’.

2The following bodies and categories of bodies are added to the Attachment to Section 2 of Part B of Annex VI to Decision No 2/2000:

  1. ‘(a)

    Annex I

    ‘PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER’:

    ‘CROATIA

    Public undertakings which are contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11, 83/13, 143/13 i 13/14) (Public Procurement Act, Official Gazette No 90/11, 83/13, 143/13 and 13/14) which, in accordance with special regulations, engage in the activity of construction (providing) of fixed networks or managing fixed networks for public service delivery in relation to the production, transmission and distribution of drinking water and supplying fixed networks with drinking water, such as the entities established by the local self-government units acting as the public supplier of water supply services or drainage services in accordance with the Waters Act (Official Gazette 153/09, 63/11, 130/11, 53/13 and 14/14).’;

  2. (b)

    Annex II

    ‘PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELECTRICITY’:

    ‘CROATIA

    Public undertakings which are contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11, 83/13, 143/13 i 13/14) (Public Procurement Act, Official Gazette No 90/11, 83/13, 143/13 and 13/14) which, in accordance with special regulations, engage in the activity of construction (providing) of fixed networks or managing fixed networks for public service delivery in relation to the production, transmission and distribution of electric energy and supplying fixed networks with electric energy, such as the entities engaging in the said activities based on the licence for carrying out energy activities in accordance with the Energy Act (Official Gazette 120/12 and 14/14).’;

  3. (c)

    Annex VII

    ‘CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEYBUS OR BUS SERVICES’:

    ‘CROATIA

    Public undertakings which are contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11, 83/13, 143/13 i 13/14) (Public Procurement Act, Official Gazette No 90/11, 83/13, 143/13 and 13/14) which, in accordance with special regulations, engage in the activity of making available the networks or managing the networks for public services of urban railway, automated systems, tramway, bus, trolleybus and cable car (cableway) transport, such as the entities engaging in the said activities as a public service in accordance with the Utilities Act (Official Gazette 36/95, 70/97, 128/99, 57/00, 129/00, 59/01, 26/03, 82/04, 110/04, 178/04, 38/09, 79/09, 153/09, 49/11, 84/11, 90/11, 144/12, 94/13, 153/13 and 147/14).’;

  4. (d)

    Annex VIII

    ‘CONTRACTING ENTITIES IN THE FIELD OF AIRPORT FACILITIES’:

    ‘CROATIA

    Public undertakings which are contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11, 83/13, 143/13 i 13/14) (Public Procurement Act, Official Gazette No 90/11, 83/13, 143/13 and 13/14) which, in accordance with special regulations, engage in the activity relating to the exploiting of a geographical area with the aim of making available airports and other terminal equipment to air transport operators, such as the entities engaging in the said activities based on the awarded concession in accordance with the Airports Act (Official Gazette 19/98 and 14/11).’;

  5. (e)

    Annex IX

    ‘CONTRACTING ENTITIES IN THE FIELD OF MARITIME OR INLAND PORT OR OTHER TERMINAL FACILITIES’:

    ‘CROATIA

    Public undertakings which are contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11, 83/13, 143/13 i 13/14) (Public Procurement Act, Official Gazette No 90/11, 83/13, 143/13 and 13/14) which, in accordance with special regulations, engage in the activity relating to the exploiting of a geographical area with the aim of making available sea ports, river ports and other transport terminals to operators in sea or river transport, such as the entities engaging in the said activities based on the awarded concession in accordance with the Maritime Domain and Seaports Act (Official Gazette 158/03, 100/04, 141/06 and 38/09).’.

Schedule ANNEX IVPUBLICATIONS

The following is added to Part B of Annex XIII to Decision 2/2000/EC:

‘Croatia

Notices:

  • Official Journal of the European Union

  • Narodne Novine

  • Electronic Public Procurement Classifieds of the Republic of Croatia (https://eojn.nn.hr/Oglasnik/clanak/electronic-public-procurement-of-the-republic-of-croatia/0/81/)’.

DRAFT 2

DECISION No 2/2018 OF THE EU-MEXICO JOINT COUNCIL

of …

amending Decision No 2/2001

THE JOINT COUNCIL,

Having regard to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other partf1, (the ‘Global Agreement’), and in particular Article 6, in conjunction with Article 47 thereof,

Whereas:

(1)

Following the accession of the Republic of Croatia (‘Croatia’) to the European Union on 1 July 2013, the Third Additional Protocol to the Global Agreement was signed in … on … and is applicable since …f2.

(2)

In view of that, it is necessary to adapt, with effect from the date on which Croatia acceded to the Global Agreement, Annexes I and II to Decision No 2/2001f3, as amended by Decisions No 4/2004f4 and No 3/2008f5, in order to include the authorities responsible for financial services in Croatia and those measures inconsistent with Articles 12 to 16 of Decision No 2/2001 that Croatia will maintain until Article 17(3) thereof is implemented.

(3)

This adaptation also provides an opportunity to update the list of authorities responsible for financial services, established in Annex II to Decision No 2/2001.

(4)

Articles 5, 6, 7, 10 and 47 of the Global Agreement empower the Joint Council established under Article 45 of the Global Agreement to take decisions for the purpose of attaining the objectives of the Global Agreement, and in particular to decide on the appropriate arrangements and timetable related to trade in goods, trade in services and public procurement,

HAS ADOPTED THIS DECISION:

Done at …,

For the Joint Council

The President

1

Part A of Annex I to Decision No 2/2001, as amended by Decisions No 4/2004 and No 3/2008, is replaced by the text set out in Annex I to this Decision.

2

Parts A and B of Annex II to Decision No 2/2001, as amended by Decisions No 4/2004 and No 3/2008, are replaced by the text set out in Annex II to this Decision.

3

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

It shall apply from the date on which Croatia acceded to the Global Agreement.