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
Date: 2012-08-03
Institutions: European Commission
Subjects: Georgia, agreement (EU), joint committee (EU), rules of procedure

EUROPEAN COMMISSION 

Brussels, 3.8.2012  
COM(2012) 434 final 

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  

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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) 

(b) 

(c) 

(d) 

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

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

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

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. 

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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 Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Agreement  between  the  European  Union  and  Georgia  on  protection  of 
geographical indications of agricultural products and foodstuffs2 (hereinafter referred 
to as "the Agreement") entered into force on 1 April 2012. 

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

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

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. 

1 
2 

OJ C , , p. . 
OJ L 93, 30.3.2012, p. 3. 

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Article 2 

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

Done at Brussels,  

For the Council 
The President 

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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. 

2. 

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. 

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. 

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Article 4 

Correspondence 

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1. 

2. 

1. 

2. 

3. 

4. 

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. 

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 

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. 

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. 

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. 

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 

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. 

2. 

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

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 

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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. 

2. 

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. 

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. 

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