Council Decision (EU) 2019/136Show full title

Council Decision (EU) 2019/136

of 28 January 2019

on the position to be taken on behalf of the European Union within the Working Group on Wine established by the Agreement between the European Union and Japan for an Economic Partnership as regards the forms to be used for certificates for the import of wine products originating in Japan into the European Union and the modalities concerning self-certification

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement between the European Union and Japan for an Economic Partnership(1) (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2018/1907(2). It enters into force on 1 February 2019.

(2) Pursuant to paragraph 1 of Article 2.28 of the Agreement, a certificate authenticated in conformity with the laws and regulations of Japan, including a self-certificate established by a producer authorised by the competent authority of Japan, suffices as documentation serving as evidence that the requirements for the importation and sale in the Union of wine products originating in Japan referred to in Article 2.25, 2.26 or 2.27 of the Agreement have been fulfilled.

(3) Pursuant to paragraph 2 of Article 2.28 of the Agreement, the Working Group on Wine is, by decision, to adopt the modalities for the implementation of paragraph 1 of that Article, and in particular the forms to be used, and the information to be provided on the certificate.

(4) Subparagraph 2(a) of Article 2.35 of the Agreement provides that the Working Group on Wine is to adopt the modalities concerning self-certification.

(5) Pursuant to paragraph 3 of Article 2.35 of the Agreement, the Working Group on Wine is to hold its first meeting on the date of entry into force of the Agreement.

(6) The Working Group on Wine, during its first meeting on 1 February 2019, is to adopt the decision on the forms to be used for certificates for the import of wine products originating in Japan into the Union and on the modalities concerning the self-certification in order to allow for the effective implementation of the Agreement and thus simplify import of wine products originating in Japan. The envisaged forms and modalities concerning the self-certification are consistent with the Union policies on facilitating trade and cooperating on prevention of fraud with third countries that concluded agreements with the Union.

(7) It is appropriate to establish the position to be taken on the Union's behalf within the Working Group on Wine.

(8) The position of the Union within the Working Group on Wine should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1 U.K.

The position to be taken on the Union's behalf within the Working Group on Wine at its first meeting shall be based on the draft Decision attached to this Decision.

Article 2 U.K.

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

Done at Brussels, 28 January 2019.

For the Council

The President

P. Daea

DRAFT

DECISION No 1/2019 OF THE EU-JAPAN WORKING GROUP ON WINE

of …

on the adoption of the forms to be used for certificates for the import of wine products originating in Japan into the European Union and the modalities concerning self-certification

THE WORKING GROUP ON WINE,

Having regard to the Agreement between the European Union and Japan for an Economic Partnership, and in particular Articles 2.28 and 2.35 thereof,

Whereas:

(1) The Agreement between the European Union and Japan for an Economic Partnership (‘the Agreement’) enters into force on 1 February 2019.

(2) Article 22.4 of the Agreement establishes a Working Group on Wine, which, inter alia, is responsible for the effective implementation and operation of Section C and Annex 2-E of the Agreement.

(3) Pursuant to paragraph 1 of Article 2.28 of the Agreement, a certificate authenticated in conformity with the laws and regulations of Japan, including a self-certificate established by a producer authorised by the competent authority of Japan, suffices as documentation serving as evidence that the requirements for the importation and sale in the European Union of wine products originating in Japan referred to in Article 2.25, 2.26 or 2.27 of the Agreement have been fulfilled.

(4) Pursuant to subparagraph 2(a) of Article 2.28 of the Agreement, the forms to be used for certificates and the information to be provided on the certificates are to be adopted by decision of the Working Group on Wine established pursuant to Article 22.4 of the Agreement.

(5) Pursuant to subparagraph 2(a) of Article 2.35 of the Agreement, the modalities concerning self-certification are to be adopted by the Working Group on Wine,

HAS ADOPTED THIS DECISION:

Article 1 U.K.

1. The form to be used for certificates authenticated in conformity with the laws and regulations of Japan is set out in Annex I to this Decision.

2. The form to be used for self-certificates established by producers authorised by the competent authority of Japan is set out in Annex II to this Decision.

3. The modalities concerning self-certification by producers authorised by the competent authority of Japan are set out in Annex III to this Decision.

Article 2 U.K.

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

For the Working Group on Wine

[…]

ANNEX I U.K.

ANNEX II U.K.

ANNEX III U.K. Modalities concerning Self-certification

1. The National Research Institute of Brewing, under the supervision of the Ministry of Finance of Japan, U.K.

(a)

individually appoints the producers authorised in Japan to draw up the self-certificates referred to in Article 2.28 of the Agreement between the European Union and Japan for an Economic Partnership;

(b)

supervises and inspects the authorised producers; and

(c)

notifies the European Union:

• twice a year, in the months of January and July, of the names and addresses of the authorised producers together with their official registration numbers; and

• without delay, of any modification of the names and addresses or withdrawal of any authorised producers.

2. The European Union publishes and updates without delay the names and addresses of the authorised producers in the list entitled ‘Third countries’ competent bodies, designated laboratories and authorised wine producers and processors for drawing up VI-1 documents for wine imports into the EU' which is available on the official website of the European Commission: U.K.

ec.europa.eu/agriculture/sites/agriculture/files/wine/lists/06.pdf

(1)

OJ L 330, 27.12.2018, p. 3.

(2)

Council Decision (EU) 2018/1907 of 20 December 2018 on the conclusion of the Agreement between the European Union and Japan for an Economic Partnership (OJ L 330, 27.12.2018, p. 1).