EUROPEAN COMMISSION Brussels, 25.8.2021 COM(2021) 492 final 2021/0279(NLE) Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union, within the Cooperation Council established by the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, with regard to the extension of the EU-Azerbaijan Partnership Priorities



EXPLANATORY MEMORANDUM 1.Subject matter This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Cooperation Council established by the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part (‘the Agreement’) to adopt Recommendation No XX/2020 on the extension of the EU-Azerbaijan Partnership Priorities for 2021-2027. 2.Context 2.1.The Agreement The Agreement aims to provide a framework for political dialogue and cooperation between the European Communities and their Member States and the Republic of Azerbaijan (‘the Parties’) to develop political relations. The Agreement entered into force on 1 July 1999. 2.2.The Cooperation Council The Cooperation Council examines any major issues arising under the Agreement and any other bilateral or international issues of mutual interest to attain the objectives of the Agreement. The Cooperation Council may make appropriate recommendations, by agreement between the Parties. The Cooperation Council consists of the members of the Council of the European Union and members of the European Commission, on the one hand, and of members of the Government of the Republic of Azerbaijan, on the other. The Cooperation Council has its rules of procedure. 2.3.The Act of the Cooperation Council The Cooperation Council should adopt by written procedure a Recommendation on the extension of the Partnership Priorities (2018-2020) for 2021-2027 (‘the Act’). 3.Position to be taken on the Union's behalf The position to be adopted by the Union in the Cooperation Council is based on the Recommendation annexed to this Decision. The Partnership Priorities continue to meet the objectives of the revised European Neighbourhood Policy as well as the objectives of the Eastern Partnership. They will guide the multiannual programming of the EU's financial cooperation with Azerbaijan. The Parties have confirmed that the Partnership Priorities remain a valid basis for developing their relations as well as their full commitment to implementing these priorities. The 2018-2020 Partnership Priorities continue to constitute the basis of EU-Azerbaijan cooperation for 2021-2027. The extension of the Partnership priorities is in the interest of the Union. 4.Legal basis 4.1.Procedural legal basis 4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (‘TFEU’) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement’. The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature.’ 4.1.2.Application to the present case The Cooperation Council is a body set up by the Agreement. The Act which the Cooperation Council is called upon to adopt constitutes an act having legal effects. The Act is capable of decisively influencing the content of EU legislation, namely the multiannual programming of the financial cooperation under the single support framework. This is because Article 7(2) of the Regulation 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument provides that for countries where documents referred to in Article 3(2) of that Regulation exist, a comprehensive multiannual single support framework must be adopted in line with the examination procedure referred to in Article 16(3) of Regulation (EU) No 236/2014. Such documents must be action plans, or other equivalent jointly agreed documents, like Partnership Priorities. The Act does not supplement or amend the institutional framework of the Agreement. Therefore, the procedural legal basis for this Decision is Article 218(9) of the TFEU. 4.2.Substantive legal basis 4.2.1.Principles The substantive legal basis of a decision under Article 218(9) of the TFEU depends on the aim and content of the act in respect of which a position is taken on the Union’s behalf. If the act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, the decision under Article 218(9) of the TFEU must be founded on a single substantive legal basis, namely that required by the main aim or component. 4.2.2.Application to the present case The main objective of the Act relates to cooperation with Azerbaijan under the Agreement and the revised European Neighbourhood Policy. 4.3.Conclusion The legal basis for this Decision is Article 207 and 209 in conjunction with Article 218(9) TFEU. 5.Publication Given that the Act of the Cooperation Council will amend the Partnership Priorities’ implementing period, it should be published in the Official Journal of the European Union once it has been adopted. 2021/0279 (NLE) Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union, within the Cooperation Council established by the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, with regard to the extension of the EU-Azerbaijan Partnership Priorities THE COUNCIL OF THE EUROPEAN UNION,