CELEX: 52017JC0023
Language: en
Date: 2017-07-10
Title: Joint Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the Joint Committee established by the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part, as regards the adoption of the Joint Committee's rules of procedure and the setting-up of two special working groups

EUROPEAN COMMISSION
            Brussels, 10.7.2017
            JOIN(2017) 23 final
            2017/0155(NLE)
            Joint Proposal for a
            COUNCIL DECISION
            on the position to be adopted, on behalf of the European Union, within the Joint Committee established by the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part, as regards the adoption of the Joint Committee's rules of procedure and the setting-up of two special working groups
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               The EU-Afghanistan Cooperation Agreement on Partnership and Development (''the Agreement') was signed on 18 February 2017.
                  1
                  
            
            
               The Agreement represents the first contractual relationship between the Union and Afghanistan and establishes a legal framework for their cooperation. 
            
            
               The Agreement reflects the principles and conditions on which the future EU - Afghanistan partnership will be based (Title I and II). It includes the essential elements clauses on human rights and non-proliferation. It also allows for cooperation in a broad range of areas, including development (Title III), trade and investment (Title IV) and justice and the rule of law (Title V, which contains extensive clauses on the fight against organized crime, money laundering and counter-narcotics and also covers cooperation on migration). Title VI includes chapters on a number of specific areas for sectoral cooperation 
            
            
               The Agreement is due to enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of their legal procedure necessary for that purpose. However, pursuant to its Article 59(2) and (3) and Article 3 of Council Decision (EU) 2017/434, the Agreement will apply provisionally in several areas such as human rights, political dialogue, development cooperation etc. 
            
            
               Under Article 49 of the Agreement, a Joint Committee is established, composed of representatives of the parties at the highest possible level, to ensure, inter alia, the proper functioning and implementation of the Agreement.
            
            
               To assist the Joint Committee and facilitate expert-level discussions on key areas falling within the scope of the Agreement it is suggested that special working groups are created on:
            
            
               –Good governance, human rights and migration; and
            
            
               –Economic and social development.
            
            
            
               The aim of this proposal is to establish the EU's position in the Joint Committee on:
            
            
               –adopting the Joint Committee's rules of procedure; and
            
            
               –setting up the special working groups.
            
            
            
               The EU position will be based on the attached draft Joint Committee's decisions. 
            
            
            
               2017/0155 (NLE)
            
            
               Joint Proposal for a
            
         
         
            
               COUNCIL DECISION
            
            
               on the position to be adopted, on behalf of the European Union, within the Joint Committee established by the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part, as regards the adoption of the Joint Committee's rules of procedure and the setting-up of two special working groups
               
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on European Union, and in particular Article 37 thereof,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209 , in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,
            
            
            
               Whereas:
            
            
               (1)The Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part ('the Agreement') was signed on 18 February  2017 and is subject to provisional application, pursuant to its Article 59(2) and (3) and Article 3 of Council Decision (EU) 2017/434
                  2
               ; 
            
            
               (2)Pursuant to Article 49 of the Agreement, a Joint Committee has been established to ensure, inter alia, its proper functioning and implementation In order to contribute to the effective implementation of the Agreement, the Joint Committee should adopt its rules of procedure.
            
            
               (3)Pursuant to Article 49 of the Agreement, the Joint Committee may decide to set up special committees or working groups to assist it in the performance of its tasks. 
            
            
               (4)The Union's position within the Joint Committee as regards the adoption of the Joint Committee's rules of procedure and the setting up of special working groups should be based on the attached draft Joint Committee's Decisions. 
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The position to be taken by the European Union in the Joint Committee established  by  Article 49 of the Agreement in relation to:
            
            
               a) the adoption of the Joint Committee's rules of procedure; and
            
            
               b) the setting- up of two special working groups, 
            
            
                shall be based on the draft Joint Committee' Decisions, attached to this Decision.
            
            
               The Union's representatives in the Joint Committee may agree to minor changes to the draft Decisions without requiring a further decision from the Council.
            
            
               Article 2
            
         
         
            
               This Decision shall enter into force on the date of its adoption
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  Council Decision (EU) 2017/434 of 13 February 2017 on the signing, on behalf of the Union, and provisional application of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (OJ L 67, 14.3.2017, p. 1).
               
               
                  
                     (2)
                  Council Decision (EU) 2017/434 of 13 February 2017 on the signing, on behalf of the Union, and provisional application of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part (OJ L 67, 14.3.2017, p. 1).
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 10.7.2017
            JOIN(2017) 23 final
            ANNEXES
            to the
            Joint Proposal for a Council Decision
            on the position to be adopted, on behalf of the European Union, within the Joint Committee established by the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part, as regards the adoption of the Joint Committee's rules of procedure and the setting-up of two special working groups
            
               
         
         
            
               ANNEX 1
            
            
               DECISION No 1/2017 of the EU-Afghanistan Joint Committee
            
            
               of
            
            
               adopting its Rules of procedure
            
            
               THE EU-Afghanistan JOINT COMMITTEE, 
            
            
               Having regard to the Cooperation Agreement on Partnership and Development between the European Union and its Member States, on the one part,  and the Islamic Republic of Afghanistan, of the other part (‘the Agreement’), and in particular Article 49(5)  thereof, 
            
            
               Whereas:
            
            
               (1)The Agreement was signed on 18 February  2017 and is subject to provisional application pursuant to its Article 59(2) and (3) and Article 3 of Council Decision (EU) 2017/434 of 13 February 2017
            
            
               (2)In order to contribute to the effective implementation of the Agreement, the Joint Committee should be established as soon as possible.
            
            
               Pursuant to Article 49 (5) of the Agreement, the Joint Committee shall adopt its own rules of procedure.
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Sole Article
            
            
               The Rules of Procedure of the Joint Committee, as set out in Annex A, are hereby adopted.
            
            
               Done at, xxxx. TBC
            
            
               
                     For the EU- Afghanistan Joint Committee
               
               
                     The Chair
               
            
            
               ANNEX A
            
            
               Rules of Procedure of the Joint Committee 
            
            
               Article 1
            
         
         
            
               Composition and chair
            
            
               1. The Joint Committee shall perform the tasks provided for in Article 49 of the Agreement. 
            
            
               2. The Joint Committee shall be composed of representatives of the Parties at the highest possible level and shall be chaired alternately, for a period of one calendar year, by the Party hosting the meeting in the calendar year in question. 
            
            
               3. The Joint Committee shall be chaired alternately by the Minister of Finance of the Islamic Republic of Afghanistan and the High Representative of the Union for Foreign Affairs and Security Policy. They may delegate their authority to preside over all or part of the Joint Committee meetings to a senior official. 
            
            
               Article 2
            
            
               Meetings
            
            
               1. The Joint Committee shall meet annually. Meetings of the Joint Committee shall be convened by the Chair. Meetings shall be held in Brussels and Kabul alternately, on a date fixed by mutual agreement. Special sessions of the Joint Committee may be held at the request of either Party, if the Parties so agree.
            
            
               2. If the Parties agree, the meetings of the Joint Committee may exceptionally be held by means of video- conference.
            
            
               Article 3
            
            
               Participants
            
            
               1. Each Party shall inform the Chair of the intended composition of its delegation, before each meeting of the Joint Committee.
            
            
               2. The Chair, in agreement with the Parties, may invite experts or representatives of other bodies to the meeting to act as observers or to provide information on a particular subject.
            
            
               Article 4
            
            
               Publicity
            
            
                1. The meetings of the Joint Committee shall be held behind closed doors, unless the Chair, in agreement with the Parties, decides that the meeting shall be public. 
            
            
               2. The Joint Committee may issue statements to the public as it deems appropriate. 
            
            
            
               Article 5
            
            
               Secretariat
            
            
               A representative of the European External Action Service and a representative of the Government of the Islamic Republic of Afghanistan shall act jointly as Secretaries of the Joint Committee. All communications to and from the Chair shall be forwarded to the Secretaries. Correspondence to and from the Chair may be by any written means, including electronic mail. 
            
         
         
            
               Article 6
            
            
               Agendas for meetings
            
            
               1. The Chair shall draw up a provisional agenda for each meeting. The provisional agenda shall be sent, together with the relevant documents, to the Parties at least 15 calendar days before the beginning of the meeting. 
            
            
               2. Either Party may request the Chair to place an item on the agenda.
            
            
               3. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
            
            
               4. In special circumstances and in agreement with the Parties, the Chair may shorten the time limits referred to in paragraph 1 in order to take account of the requirements of the particular case. 
            
            
               Article 7
            
            
               Minutes
            
            
               1. The outcome of the meetings of the Joint Committee shall be in the form of agreed minutes.
            
            
               2 The Chair shall sum up the conclusions reached by the Joint Committee at each meeting. The two Secretaries shall jointly draw up draft minutes on the basis of those conclusions, preferably at the end of the meeting or at the latest within 30 days following the date of the meeting. 
            
            
               3. The Parties shall approve the draft preferably at the end of the meeting or at the latest within 45 days following the date of the meeting or by any date agreed by the Parties. Once the Parties have approved the draft minutes, two original copies shall be signed by the Chair and by the Secretaries. Each Party shall receive one original copy. 
            
            
               Article 8
            
            
               Decisions and recommendations 
            
            
               1. Decisions and recommendations of the Joint Committee shall be adopted by common agreement of the Parties.
            
            
               2. Decisions or recommendations of the Joint Committee shall be entitled "Decision" or "Recommendation" respectively, followed by a serial number, the date of their adoption and a description of the subject matter. Each decision shall state the date on which it enters into force. 
            
            
               3.  The Joint Committee may adopt decisions or recommendations by means of a written procedure. In such cases, the Parties shall agree a time-limit for the duration of the procedure. If at the expiry of that time-limit, no Party has expressed opposition to the proposed decision or recommendation, the Chair shall declare the decision or recommendation to have been adopted by common agreement. 
            
            
               4. Decisions and recommendations of the Joint Committee shall be made in two authentic copies signed by the Chair. 
            
            
               5. Each Party may publish the decisions and recommendations of the Joint Committee in its respective official publication. 
            
            
               Article 9
            
            
               Expenses
            
         
         
            
               1. Each Party shall bear the expenses it incurs as a result of participating in the meetings of the Joint Committee, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. 
            
            
               2. Each Party shall bear the expenses it incurs in connection with interpreting at meetings and translation.
            
            
               3. The Party hosting the meeting shall bear the expenses in connection with the organisation of meetings and reproduction of documents. 
            
            
               Article 10
            
            
               Special working groups
            
            
               1. The Joint Committee may set up special committees or working groups to assist it in the performance of its tasks. The specialised working groups shall report to the Joint Committee after each of their meetings. 
            
            
               2. The Joint Committee may decide to abolish any existing special working group, define or amend its terms of reference or to set up further specialised working groups. 
            
            
               3. The special working groups shall make detailed reports of their activities to the Joint Committee after each of its meetings and will be able to make recommendations to the Joint Committee. 
            
            
               ANNEX 2
            
            
               DECISION No 2/2017 of the EU-Afghanistan  Joint Committee
            
            
               of
            
            
               establishing two special working groups and adopting their terms of reference
            
            
               THE EU-Afghanistan JOINT COMMITTEE,
            
            
               Having regard to the  Cooperation Agreement on Partnership and Development  between the European Union and its Member States, on the one part, and the Islamic Republic of Afghanistan, of the other part (‘the Agreement’), and in particular Article 49 (3)  thereof, and to Article 10 of the Rules of Procedure of the Joint Committee,
            
            
               Whereas:
            
            
               The Agreement was signed on 18 February 2017 and is subject to provisional application, pursuant to Article 59;
            
            
               In order to contribute to the effective implementation of the Agreement, its institutional framework should be established as soon as possible.
            
            
               Pursuant to the Article 49 (3) of the Agreement and Article 10 of the Rules of Procedure of the Joint Committee, the Joint Committee may decide to set up special committees or working groups to assist it in the performance of its tasks. 
            
            
               To allow for expert level discussions on the key areas falling within the scope of the Agreement, special working groups should be established. The Parties may further agree to amend the list of special committee or working groups and/or their scope. 
            
            
               This Decision should be adopted in order for the special working groups to become operational in a timely manner. 
            
         
         
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Sole Article
            
            
               The special working groups listed in Annex A are hereby established. The terms of reference of the special working groups shall be as set out in Annex B. 
            
            
               Done at,
            
            
               For the EU- Afghanistan  Joint Committee
            
            
               The Chair
               
            
               Annex A
            
            
               EU-Afghanistan Joint Committee
            
            
               Special working groups
            
            
               (1)
                     Special Working Group on Human Rights, Good Governance and Migration; 
            
            
               (2)
                     Special Working Group on Economic and Social Development.
            
            
               Annex B
            
            
               Terms of reference 
                  of special working groups established under the Cooperation Agreement on Partnership and Development between the European Union and its Member States, on the one part, and the Islamic Republic of Afghanistan, of the other part
            
            
               Article 1
            
            
               The special working group may discuss the implementation of the Agreement in the areas it covers. They may also discuss subjects or specific projects related to the relevant area of bilateral cooperation.
            
            
               Article 2
            
            
               The special working groups shall work under the authority of the Joint Committee. They shall report and transmit their minutes and conclusions to the Chair of the Joint Committee within 30 calendar days after each meeting.
            
            
               Article 3
            
            
               1. The special working groups shall be composed of representatives of both Parties.
            
         
         
            
               2. The special working groups may invite experts to their meetings and may hear them regarding specific points on the agenda.
            
            
               Article 4
            
            
               The special working groups shall be chaired by the Party holding the Chair of the Joint Committee.
            
            
               Article 5
            
            
               A representative of the European Union and a representative of the Government of Afghanistan shall act jointly as Secretaries of the special working groups. 
            
            
               Article 6
            
            
               1. The special working groups shall meet whenever circumstances require, on the basis of a written request from either Party, and at least once a year. Each meeting shall be held at a place and date commonly agreed by the Parties.
            
            
               2. Where one Party requests a meeting of a special working group, the Secretary of the other Party shall reply within 15 working days of receipt of that request. In cases of particular urgency, special working groups meetings may be convened at shorter notice, subject to the agreement of the Parties.
            
            
               3.  Meetings of the special working groups shall be jointly convened by the two Secretaries.
            
            
            
               Article 7 
            
            
               1. Either Party may request the Chair to place an item on the agenda of a meeting of a special working group. Items for inclusion on the agenda shall be submitted to the Secretaries at least 15 working days before the date of the meeting in question. Any supporting documentation shall be provided to the Secretaries at least 10 working days before the meeting. 
            
            
               2. The Secretaries shall communicate the draft agenda to the Parties not later than 5 working days before the meeting. In exceptional circumstances, upon agreement of the Parties, items may be added to the agenda at short notice.
            
            
               Article 8
            
            
               1. The Secretaries shall jointly draw up draft minutes of each meeting.
            
            
               2. The meetings of the special working groups shall be held behind closed doors, unless the Chair, in agreement with the Parties, decides that the meeting shall be public.