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 the Republic of Azerbaijan, of the other part, in relation to the establishment of new subcommittees
Date: 2009-12-16
Institutions: European Commission
Subjects: Azerbaijan, European Community, European neighbourhood policy, comitology, cooperation agreement (EU), cross-border cooperation

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EUROPEAN COMMISSION 

Brussels, 16.12.2009 
COM(2009) 686 final 

2009/0183 (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 the Republic of Azerbaijan, 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  the  Republic  of  Azerbaijan  forms  the 
legal basis of bilateral relations between the European Union and Azerbaijan.  

The  EU-Azerbaijan  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-Azerbaijan 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 the 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–Azerbaijan  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 Azerbaijan to broaden the 
areas  of  discussion  of  their  bilateral  relations.  Two  subcommittees  have  been 
established  to  date  to  assist  the  EU-Azerbaijan  Cooperation  Committee  in  carrying 
out its duties: (1) subcommittee on trade, economic and related legal issues and (2) 
subcommittee on energy, transport and environment. 

Azerbaijan  is  willing  to  strengthen  cooperation  in  the  other  fields  covered  by  the 
PCA and has expressed its commitment 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- 
Azerbaijan relations, the European Commission proposes to the Council to establish 
two  additional  subcommittees,  designated  as  follows:  (1)  Subcommittee  on  Justice, 
Freedom  and  Security  and  Human  Rights  and  Democracy;  (2)  Subcommittee  on 
Employment  and  Social  Affairs,  Public  Health,  Training,  Education  and  Youth, 
Culture, Information Society and Audiovisual Policy, and Science and Technology. 
These subcommittees will be established within the framework of the PCA. 

(8) 

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 

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(9) 

(10) 

subcommittees will provide for exchange of information and best practices at expert 
level,  helping  to  build  trust  and  develop  closer  ties  between  the  European 
Commission and partner countries’ experts.  

The dialogue in the subcommittees will reinforce the interaction with Azerbaijan and 
provide consistent information on its progress and ambition. It will also allow areas 
to  be  identified  where  Azerbaijan  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-Azerbaijan 
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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2009/0183 (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 the Republic of Azerbaijan, 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 19991on 
the conclusion of the Partnership and Cooperation Agreement (PCA) between the European 
Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the 
other part, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

The  EU-Azerbaijan  Cooperation  Council,  on  14  November  2006,  adopted  a 
recommendation on the implementation of the EU-Azerbaijan 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-Azerbaijan  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-Azerbaijan 
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  the  Republic  of  Azerbaijan,  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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2 

OJ L 246, 17.9.1999, p. 1-2. 
OJ L 297, 18.11.1999, p. 32. 

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Done at Brussels, 

For the Council 
The President 

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THE EU-AZERBAIJAN COOPERATION COMMITTEE,  

ANNEX  

Having  regard  to  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’) 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-Azerbaijan 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- Azerbaijan Cooperation Committee 

For Azerbaijan 

For the European Union 

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OJ L 297, 18.11.1999, p. 33 

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Annex A 

EU-Azerbaijan Cooperation Committee 

New subcommittees established 

(1) 

(2) 

Subcommittee on Justice, Freedom and Security and Human Rights and Democracy;  

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

and 

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Annex B 

Terms of reference 

of the Subcommittee on Justice, Freedom and Security 
and Human Rights and Democracy  
established under 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 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  the 
Republic of Azerbaijan, 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  Justice,  Freedom  and  Security  and  Human  Rights  and 
Democracy with the following terms of reference: 

Article 1 

The  Subcommittee  shall  discuss  the  implementation  of  the  Partnership  and  Cooperation 
Agreement and the related EU-Azerbaijan 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,  but  not  limited  to  trafficking  in  human  beings, 
cyber  crime,  child  abuse,  financial  and  economic  crime  including  money  laundering,  tax 
fraud and counterfeiting, corruption in private and public sectors, illicit drugs, trafficking 
in arms and other forms of illegal activities); 

•  fight against terrorism (including terrorism financing);  

•  law enforcement and judicial cooperation; 

•  protection of personal data; 

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

issues; 

•  democracy  and  human  rights  –  including  ratifying  and  implementing  the  international 

conventions on human rights; 

•  rule of law, including reform of the judiciary and access to justice. 

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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. Individual cases may also be raised when either Party requires. 

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 Committee4.  

Article 4 

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

Article 5 

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. Each session of 
the Subcommittee shall last for two days; one day shall be devoted to Justice, Freedom and 
Security issues and the other day shall be devoted to Human Rights and Democracy issues. 

The  Subcommittee  shall  meet  for  the  first  time  only  after  the  following  steps  have  been 
successfully accomplished: 

–  an informal technical meeting in Brussels to exchange views on issues to be addressed and 
the  practical  working  modalities  of  further  cooperation  in  the  Justice,  Freedom  and 
Security area; 

–  a mission of European Commission experts to Azerbaijan to conduct preliminary technical 
talks, exchanges on the scope and organisation of the future Justice, Freedom and Security 
and Human Rights and Democracy Subcommittee, and to identify partners; 

–  in addition to technical talks, reply from Azerbaijan to a questionnaire on the state of play 

regarding Justice, Freedom and Security issues; 

–  a  seminar  on  mobility  issues  including  prevention  of  illegal  migration,  management  of 

legal migration, readmission and exchange of information on visa issues; 

–  a report to Member States. 

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OJ L 297, 18.11.1999, p. 33 

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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. 

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. 

Article 8 

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

Unless otherwise decided, Subcommittee meetings shall not be public. 

Article 9 

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. 

Article 10 

The  Subcommittee  shall  be  accompanied  by  a  human  rights  seminar  composed  of 
representatives of civil society from the European Union Member States and from Azerbaijan, 
which shall make recommendations to the Subcommittee. 

Article 11 

Terms of reference 

of the Subcommittee on Employment and Social Affairs, Public Health, Training, 
Education and Youth, Culture, Information Society and Audiovisual Policy, and Science 
and Technology established under 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 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  the 
Republic of Azerbaijan, of the other part,  

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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, and Science and 
Technology with the following terms of reference: 

Article 1 

The  Subcommittee  shall  discuss  the  implementation  of  the  Partnership  and  Cooperation 
Agreement and the related EU-Azerbaijan 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. 

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 

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OJ L 297, 18.11.1999, p. 33. 

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Article 5 

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An official of the European Commission and an official of the Government of the Republic of 
Azerbaijan 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. 

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. 

Article 8 

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

Unless otherwise decided, Subcommittee meetings shall not be public. 

Article 9 

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. 

Article 10 

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