# EUR-Lex - 52012PC0434 - EN

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# 52012PC0434

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the Joint Committee set up by Article 11 of the Agreement between the European Union, of the one part, and Georgia, on the other part, on protection of geographical indications of agricultural products and foodstuffs, as regards the adoption of the rules of procedure of the Joint Committee /* COM/2012/0434 final - 2012/0209 (NLE) */**

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EXPLANATORY MEMORANDUM

The Agreement between the European Union
(EU) and Georgia on protection of geographical indications of agricultural
products and foodstuffs entered in to force on 1 April 2012. Article 11 of the
Agreement establishes a Joint Committee consisting of representatives of the EU
and Georgia.

The Joint Committee sees to the proper
functioning of the Agreement and may consider any matter related to its
implementation and operation. In particular, it is responsible for:

(a)          amending Article 2(1) and (2) of the Agreement, as regards the references to
the law applicable in the Contracting Parties;

(b)          modifying Annexes III and IV of
the Agreement as regards geographical indications;

(c)          exchanging information on
legislative and policy developments on geographical indications and any other
matter of mutual interest in the area of geographical indications;

(d)          exchanging information on
geographical indications for the purpose of considering their protection in
accordance with the Agreement.

The Joint Committee adopts its decisions by
consensus and determines its own rules of procedure. It meets at the request of
either of the Contracting Parties, alternatively in the EU and in Georgia, at a
time and a place and in a manner (which may include by videoconference)
mutually determined by the Contracting Parties, but no later than 90 days after
the request.

According to the draft rules of procedure the
Chair of the Committee shall be held alternately by the Head of Delegation of
each Party. The chair shall also be responsible for the secretarial duties of
the Committee. Each party shall bear the expenses it incurs in taking part in
the meetings of the Committee.

The Commission is hereby requested:

· To adopt the proposal for a Council decision concerning an EU position
on the rules of procedure of the Joint Committee established under the Agreement between the EU and Georgia on protection of geographical
indications of agricultural products and foodstuffs.

· To forward this proposal to the Council.

2012/0209 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union within the Joint Committee set up by Article 11 of the Agreement
between the European Union, of the one part, and Georgia, on the other part, on
protection of geographical indications of agricultural products and foodstuffs,
as regards the adoption of the rules of procedure of the Joint Committee

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
Commission[1],

Whereas:

(1)       The Agreement between the
European Union and Georgia on protection of geographical indications of agricultural
products and foodstuffs[2]
(hereinafter referred to as "the Agreement") entered into force on 1 April 2012.

(2)       Article 11 of the
Agreement establishes a Joint Committee which shall, inter alia, ensure that
the Agreement operates properly.

(3)       Pursuant to Article 11(2)
of the Agreement, the Joint Committee shall determine its own rules of
procedure.

(4)       The European Union should determine
the position to be taken as regards the adoption of the rules of procedure of
that Joint Committee,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted by the European
Union within the Joint Committee set up by Article 11 of the Agreement between
the European Union, of the one part, and Georgia, of the other part, on
protection of geographical indications of agricultural products and foodstuffs,
regarding the rules of procedure of said Joint Committee, shall be based on the
draft Decision of the Joint Committee, which is annexed to this Decision.

Article
2

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

Done at Brussels,

For
the Council

The
President

ANNEX

Draft
Decision of the Joint Committee on the adoption of its rules of procedure

THE JOINT COMMITTEE,

Having regard to the Agreement between the
European Union and Georgia on protection of geographical indications of
agricultural products and foodstuffs, and in particular Article 11 thereof,

Whereas that Agreement entered into force
on 1 April 2012,

HAS DETERMINED ITS RULES OF PROCEDURE AS
FOLLOWS:

Article 1

Heads
of Delegation

1.           The European Union and Georgia,
hereafter jointly referred to as “the Parties”, shall each appoint a Head of
Delegation who shall be the contact person for all matters relating to the
Committee.

2.           Each Head of Delegation
may delegate all or any of the functions of Head of Delegation to a nominated
deputy, in which case all references hereafter to the Head of Delegation apply
equally to the nominated deputy.

Article 2

Chair

1.           The office of Chair of the
Committee shall be held alternately, for a period of one calendar year, by the
Head of Delegation of each Party.

2.         The Chair shall be responsible
for the secretarial duties of the Committee.

Article 3

Meetings

1.           The Chair shall fix the
date and venue or, in the case of meetings by electronic means, the technical
arrangements, of meetings in agreement with the other Head of Delegation. The
Chair and the other Head of Delegation shall, in agreeing the time and place of
the meeting, observe the requirement to hold a meeting within 90 days.

2.           Unless otherwise jointly
agreed, the meetings of the Committee shall not be public.

Article 4

Correspondence

1.           All correspondence to or
for the Committee shall be sent to the Chair of the Committee. The latter shall
send a copy of all correspondence relating to the Committee to the other Head
of Delegation, to the Head of the Georgian Mission in Brussels and to the Head
of the Delegation of the EU in Tbilisi.

2.           Correspondence between the
Chair and the other Head of Delegation may be by any written means, including
electronic mail.

Article 5

Agendas
for the meetings

1.           The Chair shall draw up
the draft agenda prior to a meeting. The draft agenda shall be sent to the
other Head of Delegation no later than 20 working days before the start of the
meeting. The draft agenda circulated by the Chair shall include any item
covered by Article 11(3) of the Agreement, chosen by the Chair.

2.           The Heads of Delegation
may request additional items covered by Article 11(3) at least 10 working days
before the start of the meeting, which the Chair must include on the draft
agenda.

3.           A final draft agenda shall
be circulated to the other Head of Delegation by the Chair at least 5 working
days before the start of the meeting.

4.           The agenda shall be
adopted by joint agreement by the Chair and other Head of Delegation at the
start of each meeting. An item other than those appearing on the draft agenda
may be placed on the agenda if the Chair and other Head of Delegation so agree.

Article 6

Adoption
of instruments

1.           The decisions of the
Committee within the meaning of Article 11(2) of the Agreement shall be
addressed to the Parties and shall bear the signatures of the Chair and of the
other Head of Delegation.

2.           Either Party may decide to
publish any decision adopted by the Committee.

Article 7

Written
procedure

1.           A decision of the
Committee may be adopted by a written procedure where the Chair and the other
Head of Delegation so agree.

2.           The Head of Delegation
proposing the use of the written procedure shall submit the draft decision to
the other Head of Delegation. The other Head of Delegation shall reply,
indicating whether he or she accepts or does not accept the draft, whether he
or she proposes any amendments, or whether he or she requests further time for
reflection. If the draft is adopted, it shall be finalised in accordance with
Article 6(1).

Article 8

Minutes

1.           The Chair shall draw up
draft minutes of each meeting and submit them to the other Head of Delegation
within 20 working days of the meeting. The draft minutes shall state the recommendations
made and may also note any other conclusions reached. The other Head of
Delegation shall agree to the draft, or submit proposed amendments. Once there
is agreement on the draft minutes, two original copies shall be signed by the
Chair and by the other Head of Delegation. An original copy of the minutes
shall be kept by the Chair and one by the other Head of Delegation.

2.           In the event there is no
agreement on the minutes before the subsequent meeting is convened, the minutes
shall record the draft drawn up by the Chair to which shall be annexed the
proposed amendments submitted by the other Head of Delegation.

Article 9

Expenses

Each Party shall bear the expenses it
incurs in taking part in the meetings of the Committee.

Article 10

Confidentiality

The deliberations of the Committee shall be
confidential.

[1]               OJ C , , p. .

[2]               OJ L 93, 30.3.2012, p. 3.