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Date: 2021-06-04Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2021 of the EU-Colombia-Peru-Ecuador Trade Committee of 17 May 2021 amending Appendix 1 of Annex XII (Government Procurement) to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part (2021/894)
Executive Summary:
Decision No 1/2021 of the EU-Colombia/Peru/Ecuador Trade Committee, adopted on May 17, 2021, amends Appendix 1 of Annex XII (Government Procurement) to the Trade Agreement between the EU and Colombia, Peru, and Ecuador. The amendment updates the list of Colombian central government entities whose procurement is covered under Title VI of the Trade Agreement by adding six agencies. This update does not require compensatory adjustments.
Key Points / Main Content:
* **Amendment Purpose:** Update the list of Colombian central government entities covered under Title VI of the Trade Agreement.
* **Basis for Amendment:**
* Colombia informed the Union of its intention to update the list by adding six agencies created after 2011.
* These agencies' competences were previously exercised by entities at the ministerial level.
* The Union and Colombia agree on the update without compensatory adjustments, considering it a minor amendment.
* **Specific Changes:**
* The following heading "Executive Branch Agencies" and six agencies are added to Subsection 1 of Section A of Appendix 1 of Annex XII:
* Agencia Nacional de Minera
* Agencia Nacional de Infraestructura
* Agencia Nacional de Seguridad Vial
* Agencia Nacional del Espectro
* Agencia Presidencial de Cooperacin Internacional de Colombia
* Agencia de Desarrollo Rural
* **No Compensatory Adjustments:** The amendment does not require any compensatory adjustments.
* **Entry into Force:** The decision enters into force on the day of its adoption.
* **Authenticity:** The decision is drawn up in the official languages of the Parties to the Trade Agreement, with each text being equally authentic.
Impact Analysis:
European Union:
* Impact: The EU is party to the decision and Trade Agreement, which means it is involved in implementing the updated list of Colombian entities for government procurement.
* Action Required: Ensure that procurement processes and related documentation reflect the updated list of Colombian central government entities.
Colombia:
* Impact: Colombia's list of covered central government entities is updated, expanding the scope of government procurement under the Trade Agreement.
* Action Required: Update procurement processes and documentation to include the newly added agencies.
Peru and Ecuador:
* Impact: While the amendment directly affects Colombia, Peru and Ecuador are also parties to the Trade Agreement.
* Action Required: No direct action is required based on the document.
Trade Committee:
* Impact: The Trade Committee, through the Head of EU Delegation and Head of Colombia's Delegation, adopted the decision.
* Action Required: Ensure the decision is properly documented and implemented.
Key Entities Referenced
European Union: One of the parties to the Trade Agreement with Colombia, Peru, and Ecuador.
Colombia: One of the signatory Andean Countries to the Trade Agreement with the European Union.
Peru: One of the parties to the Trade Agreement with the European Union.
Ecuador: One of the parties to the Trade Agreement with the European Union.
EU-COLOMBIA-PERU-ECUADOR Trade Committee: The committee established by the Trade Agreement between the European Union and Colombia, Peru and Ecuador, responsible for amending Appendix 1 of Annex XII.
Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part: The agreement that is being amended by Decision No 1/2021.
Annex XII Government Procurement: An annex to the Trade Agreement, specifically Appendix 1, which lists government entities whose procurement is covered under Title VI of the agreement.
Bogota, Colombia: The city in Colombia where the Subcommittee on Government Procurement meeting was held.
4.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 198/15
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2021 OF THE EU-COLOMBIA-PERU-ECUADOR TRADE COMMITTEE
of 17 May 2021
amending Appendix 1 of Annex XII (Government Procurement) to the Trade Agreement between
the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the
other part (2021/894)
THE TRADE COMMITTEE,
Having regard to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia,
Peru and Ecuador, of the other part, and in particular Article 191 thereof,
Whereas:
(1) Article 191 of the Trade Agreement between the European Union and its Member States, of the one part, and
Colombia, Peru and Ecuador, of the other part (‘the Trade Agreement’), lays down the procedures whereby a Party
may modify or rectify its coverage of procurement under Title VI of the Trade Agreement.
(2) Subsection 1 on Central government entities of Section A of Appendix 1 of Annex XII to the Trade Agreement
specifies the central government entities of Colombia whose procurement is covered under Title VI.
(3) At the meeting of the Sub-committee on Government Procurement of 17 October 2019, held in Bogotá, Colombia
informed the Union of its intention to update the list of procuring entities at central level by adding six agencies
created after 2011, which belong to the executive level. At the time of the conclusion of the negotiations for the
Trade Agreement between the Union and Colombia in 2010, competences currently carried out by such agencies
were exercised by procuring entities at ministerial level. Those agencies do not currently appear in the list of
procuring entities at central level in Colombia’s coverage.
(4) The Union and Colombia agree that the list of procuring entities at central level of Colombia should be updated by
adding those six agencies as set out in this Decision.
(5) It is therefore necessary to modify Subsection 1 of Section A of Appendix 1 of Annex XII to the Trade Agreement.
The Union and Colombia agree that such update should not require compensatory adjustments, as it is a minor
amendment under Article 191(2) of the Trade Agreement.
(6) The decision to amend Subsection 1 of Section A of Appendix 1 of Annex XII to the Trade Agreement can be
adopted within the Trade Committee established by the Trade Agreement by the Union and Colombia, as the
signatory Andean Country concerned, pursuant to Article 14(3) of the Trade Agreement, in conjunction with
Article 12(4), as it relates exclusively to the bilateral relationship between them,
HAS ADOPTED THIS DECISION:
Article 1
In Subsection 1 of Section A of Appendix 1 of Annex XII (Government Procurement) to the Trade Agreement, the
following heading and six agencies are added to the list of procuring entities at central level:L 198/16 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 4.6.2021
‘Executive Branch Agencies
29. Agencia Nacional de Minería
30. Agencia Nacional de Infraestructura
31. Agencia Nacional de Seguridad Vial
32. Agencia Nacional del Espectro
33. Agencia Presidencial de Cooperación Internacional de Colombia
34. Agencia de Desarrollo Rural’.
Article 2
The amendment provided for in Article 1 shall not entail any compensatory adjustments.
Article 3
This Decision shall enter into force on the day of its adoption.
This Decision shall be drawn up in the official languages of the Parties to the Trade Agreement, each of these texts being
equally authentic.
For the Trade Committee
Head of EU Delegation Head of Colombia’s Delegation
Paolo GARZOTTI Juan CARLOS CADENA