Date: 2016-05-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2016/839 of 23 May 2016 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
**Executive Summary:**
This Council Decision approves the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, and the Republic of Moldova. It establishes procedures for geographical indications, clarifies enforcement of protection, and states the agreement does not create directly invocable rights or obligations. The decision entered into force on 23 May 2016.
**Key Points / Main Content:**
* **Agreement Approval:**
* The Association Agreement between the EU and Moldova is approved on behalf of the Union.
* **Notification:**
* The President of the Council will notify Moldova of the Agreement's entry into force.
* **Geographical Indications:**
* The Commission approves modifications to the Agreement via decisions of the Geographical Indications Sub-Committee.
* If interested parties disagree on geographical indications, the Commission will adopt a position based on Regulation EU No 1151/2012.
* Any operator marketing conforming goods may use a protected name.
* **Enforcement:**
* Member States and EU institutions shall enforce the protection of geographical indications.
* **Legal Interpretation:**
* The Agreement does not create rights or obligations directly invocable in courts.
**Impact Analysis**
* **European Union:**
* *Impact:* The EU is bound by the Agreement and responsible for its implementation and enforcement.
* *Action Required:* The Council President must notify Moldova of the Agreement's entry into force. The Commission must approve modifications related to geographical indications and resolve related disputes.
* **Republic of Moldova:**
* *Impact:* Moldova is a party to the Agreement and must adhere to its provisions.
* *Action Required:* Implement the Agreement in its national laws and practices.
* **Member States:**
* *Impact:* Member States are bound by the Agreement and are responsible for enforcement within their jurisdictions.
* *Action Required:* Enforce the protection of geographical indications as outlined in the Agreement.
* **Operators Marketing Agricultural Products, Foodstuffs, Wines, Aromatised Wines, or Spirits:**
* *Impact:* They can use protected geographical indications if their products conform to the corresponding specification.
* *Action Required:* Ensure products meet the required specifications to use protected geographical indications.
* **Interested Parties (related to Geographical Indications):**
* *Impact:* They can raise objections related to geographical indications.
* *Action Required:* Engage in the objection process and, if necessary, adhere to the Commission's position.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Atomic Energy Community: An international organisation established by the Treaty of Rome in 1957 with the purpose of creating a specialist market for nuclear power in Europe.
Republic of Moldova: A landlocked country in Eastern Europe.
Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part: A trade agreement between the EU and Moldova.
European Parliament: The parliamentary body of the European Union.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Council of the European Union: An institution of the European Union where ministers from each national government meet to adopt laws and coordinate policies.
Partnership and Cooperation Agreement: An agreement between the European Communities and their Member States and the Republic of Moldova.
L 141/28 EN Official Journal of the European Union 28.5.2016
COUNCIL DECISION (EU) 2016/839
of 23 May 2016
on the conclusion, on behalf of the European Union, of the Association Agreement between the
European Union and the European Atomic Energy Community and their Member States, of the
one part, and the Republic of Moldova, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction
with Article 218(6)(a) and the second subparagraph of Article 218(8) thereof, as well as Article 218(7) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) On 15 June 2009, the Council authorised the Commission to open negotiations with the Republic of Moldova
for the conclusion of a new Agreement between the Union and the Republic of Moldova to replace the
Partnership and Cooperation Agreement (2).
(2) Those negotiations were successfully finalised and the Association Agreement between the European Union and
the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova,
of the other part (‘the Agreement’), was initialled on 29 November 2013.
(3) In accordance with Council Decision 2014/492/EU (3), the Agreement was signed on 27 June 2014, subject to its
conclusion at a later date.
(4) Pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is appropriate for the
Council to authorise the Commission to approve modifications to the Agreement to be adopted by the
Association Committee in Trade configuration, as set out in Article 438(4) of the Agreement, as proposed by the
Geographical Indications Sub-Committee pursuant to Article 306 of the Agreement.
(5) It is appropriate to set out the relevant procedures for the protection of geographical indications which are given
protection pursuant to the Agreement.
(6) The Agreement should not be construed as conferring rights or imposing obligations which can be directly
invoked before Union or Member State courts and tribunals.
(7) The Agreement should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The Association Agreement between the European Union and the European Atomic Energy Community and their
Member States, of the one part, and the Republic of Moldova, of the other part (‘the Agreement’), is hereby approved on
behalf of the Union (4).
(1) Consent given on the 13 November 2014 (not yet published in the Official Journal).
(2) Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova
(OJ L 181, 24.6.1998, p. 3).
(3) Council Decision 2014/492/EU of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the
Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one
part, and the Republic of Moldova, of the other part (OJ L 260, 30.8.2014, p. 1).
(4) The Agreement has been published in the Official Journal of the European Union (OJ L 260, 30.8.2014, p. 3) together with the decision on
its signature.28.5.2016 EN Official Journal of the European Union L 141/29
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 464(1) of the
Agreement (1).
Article 3
For the purposes of Article 306 of the Agreement, modifications to the Agreement through decisions of the
Geographical Indications Sub-Committee shall be approved by the Commission on behalf of the Union. Where
interested parties cannot reach agreement following objections relating to a geographical indication, the Commission
shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the
European Parliament and of the Council (2).
Article 4
1. A name protected under Sub-Section 3 ‘Geographical Indications’ of Chapter 9 of Title V of the Agreement may be
used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the
corresponding specification.
2. In accordance with Article 301 of the Agreement, the Member States and the institutions of the Union shall
enforce the protection provided for in Articles 297 to 300 of the Agreement, including at the request of an interested
party.
Article 5
The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before
Union or Member State courts and tribunals.
Article 6
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 23 May 2016.
For the Council
The President
F. MOGHERINI
(1) The date of the entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat
of the Council.
(2) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for
agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).