Proposal for a Council Decision on the Community position to be adopted in the Cooperation Committee established by the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, in relation to the establishment of a Subcommittee on Justice, Freedom and Security
Date: 2007-12-21
Institutions: European Commission
Subjects: European Community, European neighbourhood policy, Georgia, cooperation agreement (EU), cross-border cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.12.2007 
COM(2007) 855 final 

Proposal for a 

COUNCIL DECISION 

on the Community position to be adopted in the Cooperation Committee established 
by the Partnership and Cooperation Agreement between the European Communities 
and their Member States, of the one part, and Georgia, of the other part, in relation 
to the establishment of a Subcommittee on Justice, Freedom and Security  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

The  EU-Georgia  Cooperation  Council  meeting  of  14  November  2006  adopted  a 
recommendation on  the  implementation  of a European Neighbourhood Policy (ENP) 
Action  Plan.  As  indicated  in  this  recommendation,  the  Action  Plan  sets  out  concrete 
steps in bringing forward the fulfilment of the Parties’ obligations set out in the 1999 
Partnership  and  Co-operation  Agreement  between  the  European  Communities  and 
their Member States, and Georgia, and provides a broader framework for promoting a 
much closer economic and regulatory integration of Georgia into the EU in a period of 
five years. 

The EU-Georgia ENP Action Plan includes several objectives related to the domain of 
Justice, Freedom and Security, in particular under "Priority area 4" and point 4.3 of the 
"General  Objectives  and  Actions".  Moreover,  the  EU-Georgia  ENP  Action  Plan 
provides  for  an  enhanced  EU-Georgia  dialogue  on  migration  issues,  including,  inter 
alia, readmission and visas issues.  

(3)  With a view of establishing an appropriate institutional framework for developing this 
dialogue  and  for  carrying  out  a  regular  monitoring  of  the  implementation  of  Justice, 
Freedom  and  Security  related  objectives,  the  EU-Georgia  ENP  Action  Plan  foresees 
(Chapter  4.3)  the  establishment  of  a  new  Subcommittee  on  Justice,  Freedom  and 
Security  within  the  framework  of  the  Partnership  and  Co-operation  Agreement 
between the European Communities and their Member States, and Georgia.  

(4) 

As provided for by Article 2 paragraph 1 of the Council and Commission Decision of 
31 May 1999 on the  conclusion of  the aforementioned  Partnership and Co-operation 
Agreement, the text of the proposal for a Council Decision on the position to be taken 
by  the  Community  in  the  EU-Georgia  Cooperation  Committee  with  regard  to  the 
establishment of a Subcommittee on Justice, Freedom and Security is attached.  

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Proposal for a 

COUNCIL DECISION 

on the Community position to be adopted in the Cooperation Committee established 
by the Partnership and Cooperation Agreement between the European Communities 
and their Member States, of the one part, and Georgia, of the other part, in relation 
to the establishment of a Subcommittee on Justice, Freedom and Security  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Article 2 (1) of Council and Commission Decision of 31 May 1999 1on the 
conclusion  of  the  Partnership  and  Cooperation  Agreement  (PCA)  between  the  European 
Communities and their Member States, of the one part, and Georgia, of the other part, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

The  EU-Georgia  Cooperation  Council,  on  14  November  2006,  adopted  a 
recommendation on the implementation of the EU/Georgia Action Plan,  

Article 83 of the said PCA provides that the Cooperation Council shall be assisted in 
the performance of its duties by a Cooperation Committee, 

The  EU-Georgia  Cooperation  Council  adopted  the  Rules  of  Procedure  of  the  Co-
operation  Committee  on  12  October  19992  delegating  responsibility  for  the 
establishment  and  further  set  up  of  subcommittees  to  the  EU-Georgia  Cooperation 
Committee, 

HAS DECIDED AS FOLLOWS:  

Sole Article 

The position to be adopted by the Community in the Cooperation Committee established by 
Article 83 of the Partnership and Cooperation Agreement between the European Communities 
and  their  Member  States,  of  the  one  part,  and  Georgia,  of  the  other  part,  in  relation  to  the 
establishment  of  a  Subcommittee  on  Justice,  Freedom  and  Security  shall  be  in  accordance 
with the annex to this Decision. 

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2 

OJ L 205, 4.8.1999, p. 1. 
OJ L 297, 18.11.1999, p. 38. 

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Done at Brussels, 

For the Council 
The President 

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THE COOPERATION COMMITTEE,  

ANNEX  

Having  regard  to  the  Agreement  on  Partnership  and  Cooperation  between  the  European 
Communities and their Member States, of the one part, and Georgia, of the other part, (“the 
Agreement”) and in particular Article 83 thereof; 

Whereas: 

(1) 

(2) 

According  to  Article  10  of  the  Rules  of  Procedure  of  the  Cooperation  Committee3, 
the Cooperation Committee may establish sub-committees and define their terms of 
reference; 

The  EU/Georgia  European  Neighbourhood  Policy  (ENP)  Action  Plan  (Chapter  5) 
provides  that  the  joint  bodies  established  under  the  Agreement  will  advance  and 
monitor the implementation of the Action Plan and that structures established under 
the  Agreement  should  be  reviewed  to  ensure  that  all  priorities  under  the  European 
Neighbourhood Policy are duly reflected; 

(3) 

The  areas  of  Justice,  Freedom  and  Security  represent  key  priorities  of  the 
EU/Georgia ENP Action Plan. 

HAS DECIDED AS FOLLOWS: 

A  Subcommittee  on  Justice,  Freedom  and  Security  is  hereby  established.  The  Terms  of 
Reference of this Subcommittee are herewith attached.  

Sole Article 

Done at, 

For the EU-Georgia Cooperation Committee 

For Georgia 

For the European Community 

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OJ L 297 of 18.11.1999, p. 38 

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Terms of reference 

of the Sub-committee on Justice, Freedom and Security  
established under the Partnership and Co-operation Agreement 
between the European Communities and their Member States, and Georgia 

THE CO-OPERATION COMMITTEE, 

Having  regard  to  the  Partnership  and  Co-operation  Agreement  establishing  a  partnership 
between the European Communities and their Member States, of the one part, and Georgia, of 
the other part,  

Having regard to the Rules of Procedure of the Co-operation Committee, established by the 
Co-operation  Council  on  12  October  1999  as  Annex  to  its  own  Rules  of  Procedure,  and  in 
particular Article 10 thereof, 

Has established a Sub-committee on Justice, Freedom and Security with the following Terms 
of Reference: 

Article 1 

The  Sub-committee  shall  discuss  the  implementation  of  the  Partnership  and  Co-operation 
Agreement  and  the  related  European  Neighbourhood  Policy  Action  Plan  in  the  following 
areas: 

•  border management; 

•  management  of  legal  and  illegal  migration  (including  issues  related  to  readmission,  visa, 

security of travel documents, asylum ); 

•  internally displaced persons 

•  fight  against  organised  crime  (including  smuggling  of  and  trafficking  in  human  beings, 
illicit  drugs,  money  laundering,  cyber  crime,  corruption  and  other  forms  of  illegal 
activities); 

•  fight against terrorism(including terrorism financing); 

•  law enforcement and judicial cooperation; 

•  the rule of law and reform of the judiciary; 

•  protection of personal data. 

•  development  of  cross-border  and  regional  cooperation  on  Justice,  Freedom  and  Security 

issues. 

The  above  list  is  not  exhaustive  and  other  subjects  may  be  added  by  the  Cooperation 
Committee. 

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Article 2 

The Sub-committee shall work under the authority of the Co-operation Committee. The sub-
committee shall report, and transmit its conclusions to the Co-operation Committee after each 
meeting. 

Article 3 

The Sub-Committee shall be composed of representatives of the Parties. 

Upon agreement of both Parties, experts may be heard regarding specific points on the agenda 
of Sub-committee meetings as appropriate. 

The  Sub-committee  shall  be  chaired  alternately  by  the  Parties  according  to  the  rules  on 
alternate presidency of the Co-operation Committee4.  

Article 4 

Article 5 

An official of the European Commission and an official of the Government of Georgia shall 
act jointly as permanent secretary of the Sub-committee. All communications concerning the 
Sub-committee shall be forwarded to the Permanent Secretary of the Sub-committee. 

Article 6 

The  Sub-committee  shall  meet  whenever  circumstances  require  upon  agreement  of  the 
Parties,  on  the  basis  of  a  written  request  from  either  Party,  and  at  least  once  a  year.  Each 
meeting shall be held at a place determined by both Parties and time agreed by them. 

Upon receipt of a request for a Sub-committee meeting, the secretary of the other Party shall 
reply within fifteen working days. 

In  cases  of  particular  urgency,  Sub-committee  meetings  may  be  convened  at  shorter  notice, 
subject to the agreement of both Parties. 

Before  each  meeting,  the  chair  shall  be  informed  of  the  intended  composition  of  the 
delegation of both Parties. 

Meetings of the Sub-committee are jointly convened by the two Permanent Secretaries, acting 
in agreement with the Secretaries of the Co-operation Committee. 

Article 7 

Items for inclusion on the agenda shall be submitted to the Permanent Secretaries a minimum 
of  15  working  days  in  advance  of  the  Sub-committee  meeting  in  question.  Any  supporting 
documentation shall be provided to the Permanent Secretaries a minimum of 10 working days 
in advance. 

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OJ L 297, 18.11.1999, p. 38 

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Based on these items, a provisional agenda shall be drawn up and forwarded, with available 
supporting documentation, to the Secretaries of the Co-operation Committee, as well as to the 
Permanent  Representations  of  the  Member  States,  not  later  than  5  working  days  before  the 
Sub-committee  meeting.  In  exceptional  circumstances,  with  the  written  agreement  of  both 
Permanent Secretaries, items may be added to the agenda in shorter time limits. 

At its meetings, the Sub-committee may treat any or all of the areas listed in Article 1.  

Article 8 

Unless otherwise decided, Sub-committee meetings shall not be public. 

Article 9 

Article 10 

Minutes shall be taken for each meeting. A copy of the minutes and conclusions of each Sub-
committee  meeting  shall  be  transmitted  to  the  Secretaries  of  the  Co-operation  Committee. 
Copies shall also be forwarded to the Permanent Representations of the Member States. 

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