Proposal for a Council Decision on the Union 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 new subcommittees
Date: 2009-12-16
Institutions: European Commission
Subjects: European Community, European neighbourhood policy, Georgia, comitology, cooperation agreement (EU), cross-border cooperation

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EUROPEAN COMMISSION  

Brussels, 16.12.2009 
COM(2009)684 final 

2009/0181 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the Union 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 new subcommittees 

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(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

EXPLANATORY MEMORANDUM 

The  1999  Partnership  and  Cooperation  Agreement  (PCA)  between  the  European 
Communities and their Member States and Georgia forms the legal basis of bilateral 
relations between the European Union and Georgia.  

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 PCA 
and provides a broader framework for further strengthening EU-Georgia relations to 
involve  a  significant  measure  of  economic  integration  and  a  deepening  of  political 
cooperation, in accordance with the overall objectives of the PCA. 

The European Council of March 2009 welcomed the establishment of an ambitious 
Eastern  Partnership  that  will  involve  a  deeper  engagement  with  eastern  partners  at 
both bilateral and multilateral levels, aiming at creating the necessary conditions to 
accelerate  political  association  and  further  economic  integration  by  seeking  to 
support  political  and  socio-economic  reforms  of  partner  countries,  facilitating 
approximation  towards  the  EU.  The  Joint  Declaration  of  the  Prague  Eastern 
Partnership Summit of 7 May 2009 confirmed the desire of the EU Member States 
and  eastern  European  partners  to  take  their  relationship  to  a  new  level  by  pursuing 
the above-mentioned goals.  

The EU–Georgia ENP Action Plan provides in Chapter 5 (Monitoring) that the joint 
bodies  established  under  the  PCA  will  advance  and  monitor  the  implementation  of 
the Action Plan and that structures established under the relevant agreements should 
be reviewed, where appropriate, to ensure that all priorities under the ENP are duly 
reflected. 

An  institutional  structure  including  a  number  of  sectoral  subcommittees  underpins 
the implementation of other similar agreements and Action Plans with ENP partner 
countries,  such  as  Jordan  (11  subcommittees  to  date),  Morocco  (10),  Ukraine  (7), 
Republic of Moldova (4). The present proposal follows a similar approach and aims 
to  ensure  an  institutional  structure  to  allow  for  the  EU  and  Georgia  to  broaden  the 
areas of discussion in their bilateral relations. Two subcommittees have so far been 
established  to  assist  the  EU-Georgia  Cooperation  Committee  in  carrying  out  its 
duties:  (1)  subcommittee  on  trade,  economic  and  related  legal  issues  and  (2) 
subcommittee on justice, freedom and security. 

Georgia is willing to strengthen cooperation in the fields covered by the PCA and has 
expressed its commitment to work to a more ambitious relationship in line with the 
principles of the Eastern Partnership.  

With a view to broadening the institutional framework for dialogue and monitoring 
the implementation of the ENP Action Plan and pursuing the aim of enhancing EU-
Georgia  relations,  the  European  Commission  proposes  to  the  Council  to  establish 
two  additional  subcommittees,  designated  as  follows:  (1)  Subcommittee  on 
Transport,  Environment  and  Energy;  (2)  Subcommittee  on  Employment  and  Social 
Affairs, Public Health, Training, Education and Youth, Culture, Information Society 

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(8) 

(9) 

(10) 

and  Audiovisual  Policy,  Science  and  Technology,  and  Innovation.  These 
subcommittees will be established within the framework of the PCA. 

The structure presented above would be conducive to advancing and monitoring the 
implementation of the ENP Action Plan. The dialogue within the framework of the 
subcommittees will provide for exchange of information and best practices at expert 
level  and  will  help  to  build  trust  and  develop  closer  ties  between  the  European 
Commission and partner countries’ experts.  

The  dialogue  within  the  subcommittees  will  reinforce  the  interaction  with  Georgia 
and  provide  consistent  information  on  its  progress  and  ambition.  It  will  also  allow 
areas  to  be  identified  where  Georgia  would  need  assistance  (e.g.  for  improving 
administrative  capacity  through  the  Eastern  Partnership  Comprehensive  Institution-
Building programmes). 

As provided for by Article 2(1) of the Council and Commission Decision of 31 May 
1999  on  the  conclusion  of  the  aforementioned  PCA,  the  text  of  the  proposal  for  a 
Council  Decision  on  the  position  to  be  taken  by  the  Union  in  the  EU-Georgia 
Cooperation  Committee  with  regard  to  the  establishment  of  new  subcommittees  is 
attached.  The  objectives,  the  subjects  covered  by  each  subcommittee  and  the 
implementing procedures are set out in the attached rules of procedure. 

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2009/0181 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the Union 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 new subcommittees 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the functioning of the European Union, 

Having regard to Article 2(1) of the Council and Commission Decision of 31 May 19991 on 
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 
Cooperation  Committee  on  12  October  19992,  delegating  responsibility  for  the 
establishment and further setting up of subcommittees to the EU-Georgia Cooperation 
Committee, 

HAS ADOPTED THIS DECISION:  

Sole Article 

The position to be adopted by the Union 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 new subcommittees shall be in accordance with the Annex to this Decision. 

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OJ L 205, 4.8.1999, p. 1-2. 
OJ L 297, 18.11.1999, p. 37. 

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Done at Brussels, 

For the Council 
The President 

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THE EU-GEORGIA COOPERATION COMMITTEE,  

ANNEX  

Having  regard  to  the  Partnership  and  Cooperation  Agreement  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) 

(3) 

According to Article 10 of its Rules of Procedure3, the Cooperation Committee may 
establish subcommittees 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  relevant  agreements  should  be  reviewed,  where  appropriate,  to  ensure  that  all 
priorities under the ENP are duly reflected. 

The  Joint  Declaration  of  the  Prague  Eastern  Partnership  Summit  of  7  May  2009 
stresses the common wish to deepen and to intensify bilateral relations between the 
EU and its eastern European partners, 

HAS ADOPTED THIS DECISION: 

The subcommittees listed in Annex A are hereby established.  The terms of reference of the 
subcommittees as set out in Annex B are hereby adopted.  

Sole Article 

Done at, 

For the EU- Georgia Cooperation Committee 

For Georgia 

For the European Union 

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OJ L 297, 18.11.1999, p. 37 

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Annex A 

EU- Georgia Cooperation Committee 

New subcommittees established 

(1) 

(2) 

Subcommittee on Transport, Environment and Energy;  

Subcommittee  on  Employment  and  Social  Affairs,  Public  Health,  Training, 
Education and Youth, Culture, Information Society and Audiovisual Policy, Science 
and Technology, and Innovation. 

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Annex B 

Terms of reference 

of the Subcommittee on Transport, Environment and Energy  
established under the Partnership and Cooperation Agreement between the European 
Communities and their Member States, of the one part, and Georgia, of the other part 

THE COOPERATION COMMITTEE, 

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

Has  established  a  Subcommittee  on  Transport,  Environment  and  Energy  with  the  following 
terms of reference: 

Article 1 

The  Subcommittee  shall  discuss  the  implementation  of  the  Partnership  and  Cooperation 
Agreement  and  the  related  EU-Georgia  European  Neighbourhood  Policy  Action  Plan  in  the 
following areas: 

•  Transport, in particular: transport strategies, including modernisation of infrastructure, and 
approximation  of  legislative  and  regulatory  frameworks  with  European  and  international 
standards; measures and reforms in the road, railway, air and maritime sectors; safety and 
security in all modes of transport; promotion of intelligent transport systems and the use of 
information technology in all the modes of transport; regional transport cooperation; EU-
Georgia horizontal air agreement;  

•  Environment, 

in  particular:  good  environmental  governance, 

including  horizontal 
legislation;  approximation  of  legislative  and  regulatory  frameworks  with  European  and 
international standards; climate change; air quality; waste management; water quality and 
integrated  water  resource  management;  marine  pollution;  nature  protection  and 
biodiversity;  desertification;  industrial  pollution  and  risk  management;  chemicals  and 
genetically  modified  organisms;  noise;  civil  protection;  regional  cooperation,  including 
with regard to water issues and the Regional Environmental Centre for the Caucasus (REC 
Caucasus); 

•  Energy, in particular: energy policy including convergence and energy security; legal and 
regulatory  convergence;  energy  networks;  energy  infrastructure  and  transportation 
financing,  including  diversification  of  energy  sources  and  routes  as  well  as  network 
interconnections; promotion of energy efficiency and the use of renewable energy sources; 
regional energy cooperation. 

•  Relevant EU assistance; 

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The  Subcommittee  may  also  discuss  subjects  or  specific  projects  related 
the 
implementation of the Eastern Partnership, Black Sea Synergy or other initiatives which are 
linked to the relevant bilateral cooperation.  

to 

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

The  Subcommittee  shall  work  under  the  authority  of  the  Cooperation  Committee.  It  shall 
report and transmit its conclusions to the Cooperation Committee after each meeting. 

Article 2 

Article 3 

The Subcommittee shall be composed of representatives of the Parties. 

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

Article 4 

The  Subcommittee  shall  be  chaired  alternately  by  the  Parties  according  to  the  rules  on 
alternate presidency of the Cooperation Committee4.  

Article 5 

An official of the European Commission and an official of the Government of Georgia shall 
act jointly as Permanent Secretary of the Subcommittee. All communications concerning the 
Subcommittee shall be forwarded to the Permanent Secretary. 

Article 6 

The Subcommittee 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 at a time agreed by them. 

Upon receipt of a request for a Subcommittee meeting, the Secretary of the other Party shall 
reply within 15 working days. 

In  cases  of  particular  urgency,  Subcommittee  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 Subcommittee are jointly convened by the two Permanent Secretaries, acting 
in agreement with the Secretaries of the Cooperation Committee. 

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OJ L 297, 18.11.1999, p. 37 

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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  Subcommittee  meeting  in  question.  Any  supporting 
documentation shall be provided to the Permanent Secretaries a minimum of 10 working days 
in advance. 

Based on these items, a provisional agenda shall be drawn up and forwarded, with available 
supporting documentation, to the Secretaries of the Cooperation Committee, as well as to the 
Permanent Representations of the Member States, not later than five working days before the 
Subcommittee  meeting.  In  exceptional  circumstances,  with  the  written  agreement  of  both 
Permanent Secretaries, items may be added to the agenda at short notice. 

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

Article 8 

Unless otherwise decided, Subcommittee 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 
Subcommittee meeting shall be transmitted to the Secretaries of the Cooperation Committee. 
Copies  shall  also  be  forwarded  to  the  Permanent  Representations  of  the  Member  States.

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Terms of reference 

of the Subcommittee on Employment and Social Affairs, Public Health, Training, 
Education and Youth, Culture, Information Society and Audiovisual Policy, Science and 
Technology, and Innovation established under the Partnership and Cooperation 
Agreement between the European Communities and their Member States, of the one 
part, and Georgia, of the other part 

THE COOPERATION COMMITTEE, 

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

Has established a Subcommittee on Employment and Social Affairs, Public Health, Training, 
Education  and  Youth,  Culture,  Information  Society  and  Audiovisual  Policy,  Science  and 
Technology, and Innovation with the following terms of reference: 

Article 1 

The  Subcommittee  shall  discuss  the  implementation  of  the  Partnership  and  Cooperation 
Agreement  and  the  related  European  Neighbourhood  Policy  Action  Plan  in  the  following 
areas: 

•  Social  and  employment  policy,  including  social  reforms,  social  protection  and  social 

inclusion, promotion of women in social, economic and political life 

•  Public health 

•  Education,  training  and  youth  (in  particular:  reform  and  modernisation  of  the  education 
and training systems, vocational training programmes, skills development and mobility) 

•  Culture 

•  Information society 

•  Audiovisual policy 

•  Science and technology, research and development 

•  Regional cooperation in the above-mentioned areas 

•  Relevant regulatory framework and EU assistance in the above-mentioned areas. 

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The  Subcommittee  may  also  discuss  subjects  or  specific  projects  related 
the 
implementation of the Eastern Partnership, Black Sea Synergy or other initiatives which are 
linked to the relevant bilateral cooperation.  

to 

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

The  Subcommittee  shall  work  under  the  authority  of  the  Cooperation  Committee.  It  shall 
report and transmit its conclusions to the Cooperation Committee after each meeting. 

Article 2 

Article 3 

The Subcommittee shall be composed of representatives of the Parties. 

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

The  Subcommittee  shall  be  chaired  alternately  by  the  Parties  according  to  the  rules  on 
alternate presidency of the Cooperation Committee5.  

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 Subcommittee. All communications concerning the 
Subcommittee shall be forwarded to the Permanent Secretary. 

Article 6 

The Subcommittee 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 at a time agreed by them. 

Upon receipt of a request for a Subcommittee meeting, the Secretary of the other Party shall 
reply within 15 working days. 

In  cases  of  particular  urgency,  Subcommittee  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 Subcommittee are jointly convened by the two Permanent Secretaries, acting 
in agreement with the Secretaries of the Cooperation Committee. 

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OJ L 297, 18.11.1999, p. 37 

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Article 7 

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

Based on these items, a provisional agenda shall be drawn up and forwarded, with available 
supporting documentation, to the Secretaries of the Cooperation Committee, as well as to the 
Permanent Representations of the Member States, not later than fiv working days before the 
Subcommittee  meeting.  In  exceptional  circumstances,  with  the  written  agreement  of  both 
Permanent Secretaries, items may be added to the agenda at short notice. 

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

Article 8 

Unless otherwise decided, Subcommittee 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 
Subcommittee meeting shall be transmitted to the Secretaries of the Cooperation Committee. 
Copies shall also be forwarded to the Permanent Representations of the Member States. 

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