Date: 31-Oct-2024Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2024/2728 of 14 October 2024 on the conclusion, on behalf of the Union, of the Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador
The Council Decision (EU) 2024/2728 approves the Protocol of Accession of Ecuador to the Trade Agreement between the European Union and its Member States, Colombia, and Peru.
Key Changes
The European Council has formally approved the accession of Ecuador to the existing trade agreement between the EU, Colombia, and Peru.
The Protocol of Accession was signed on 11 November 2016 and has been provisionally applied since 1 January 2017.
The President of the Council is responsible for notifying the completion of the necessary procedures for the Protocol's entry into force, as per Article 27(2) of the Protocol.
The decision explicitly states that the Protocol does not create rights or obligations that can be directly invoked in Union or Member State courts.
Impact Analysis
Businesses and Trade
Businesses should review the specific provisions of the Protocol to understand the implications for tariffs, regulations, and market access in Ecuador.
Governments and Regulatory Bodies
The decision clarifies that the Protocol cannot be directly invoked in courts, which may limit the scope for legal challenges related to its implementation.
Consumers
Consumers should be aware of the origin of products to take full advantage of the trade agreement benefits.
Key Entities Referenced
European Council: The Council of the European Union, responsible for adopting the decision to approve the Protocol.
European Commission: The executive branch of the EU, responsible for negotiating the trade agreement and proposing the Protocol.
European Parliament: The directly elected legislative body of the EU, which provided consent to the Protocol.
Colombia: One of the original parties to the Trade Agreement with the EU.
Peru: One of the original parties to the Trade Agreement with the EU.
Ecuador: The country acceding to the Trade Agreement through the Protocol.
Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part: The original trade agreement signed in 2012 and provisionally applied since 2013.
Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador: The legal instrument formalizing Ecuador's entry into the existing trade agreement.
Council Decision (EU) 2016/2369: Council Decision on the signing, on behalf of the Union, and provisional application of the Protocol of Accession to the Trade Agreement to take account of the accession of Ecuador.
Official Journal EN
of the European Union L series
2024/2728 31.10.2024
COUNCIL DECISION (EU) 2024/2728
of 14 October 2024
on the conclusion, on behalf of the Union, of the Protocol of Accession to the Trade Agreement
between the European Union and its Member States, of the one part, and Colombia and Peru, of the
other part, to take account of the accession of Ecuador
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) and the
first subparagraph of Article 207(4), in conjunction with point (a) of the second subparagraph of Article 218(6), thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament, (1)
Whereas:
(1) On 19 January 2009 the Council authorised the Commission to negotiate a multiparty trade agreement on behalf of
the Union and its Member States with the Member Countries of the Andean Community which shared the aim of
reaching an ambitious, comprehensive and balanced trade agreement.
(2) On 26 June 2012 the Union signed the Trade Agreement between the European Union and its Member States, of the
one part, and Colombia and Peru, of the other part (2) (‘the Agreement’). The Agreement has been provisionally
applied since 1 March 2013 for Peru and since 1 August 2013 for Colombia.
(3) Article 329 of the Agreement lays down the provisions regarding the accession of other Member Countries of the
Andean Community to the Agreement.
(4) On 17 July 2014 the Union and Ecuador concluded their negotiations on the Protocol of Accession to the Trade
Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the
other part, to take account of the accession of Ecuador (‘the Protocol’).
(5) The text of the Protocol was approved by the Trade Committee established pursuant to the Agreement at its meeting
on 8 February 2016, as required by Article 329(4) of the Agreement.
(6) Pursuant to Council Decision (EU) 2016/2369 (3), the Protocol was signed on 11 November 2016, subject to its
conclusion at a later date. The Protocol has been provisionally applied since 1 January 2017, pending its entry into
force.
(7) The Protocol should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and
Colombia and Peru, of the other part, to take account of the accession of Ecuador is hereby approved on behalf of the
Union. (4)
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 27(2) of the
Protocol. (5)
Article 3
The Protocol shall not be construed as conferring rights or imposing obligations which can be directly invoked before
Union or Member State courts or tribunals.
(1) Consent of the European Parliament of 14 December 2016.
(2) OJ L 354, 21.12.2012, p. 3.
(3) Council Decision (EU) 2016/2369 of 11 November 2016 on the signing, on behalf of the Union, and provisional application of the
Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia
and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, p. 1).
(4) The Protocol has been published in OJ L 356, 24.12.2016, p. 3, together with the decision on signing.
(5) The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of
the Council.
ELI: http://data.europa.eu/eli/dec/2024/2728/oj 1/2EN
OJ L, 31.10.2024
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 14 October 2024.
For the Council
The President
J. BORRELL FONTELLES
2/2 ELI: http://data.europa.eu/eli/dec/2024/2728/oj