CELEX: 52014PC0636
Language: en
Date: 2014-10-20
Title: Proposal for a COUNCIL AND COMMISSION DECISION on the position to be adopted on behalf of the Union and the European Atomic Energy Community in the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, in relation to the adoption of the rules of procedure of the Association Council and of the Association Committee, to the establishment of two subcommittees, and to the delegation of certain powers by the Association Council to the Association Committee in Trade configuration

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		52014PC0636
		
			Proposal for a COUNCIL AND COMMISSION DECISION on the position to be adopted on behalf of the Union and the European Atomic Energy Community in the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, in relation to the adoption of the rules of procedure of the Association Council and of the Association Committee, to the establishment of two subcommittees, and to the delegation of certain powers by the Association Council to the Association Committee in Trade configuration /* COM/2014/0636 final - 2014/0296 (NLE) */
			
				
		
		
			
			   	Proposal
for a 
COUNCIL
AND COMMISSION DECISION
on
the position to be adopted on behalf of the Union and the European Atomic
Energy Community in the Association Council established by the Association
Agreement between the European Union and the European Atomic Energy Community
and their Member States, of the one part, and Georgia, of the other part, in
relation to the adoption of the rules of procedure of the Association Council
and of the Association Committee, to the establishment of two subcommittees,
and to the delegation of certain powers by the Association Council to the
Association Committee in Trade configuration
EXPLANATORY
MEMORANDUM
1.           CONTEXT
OF THE PROPOSAL/BACKGROUND
The
attached proposal constitutes the legal instrument for authorising the position
of the Union and of the European Atomic Energy Community to be adopted in the
Association Council established by the Association Agreement ("the
Agreement") between the European Union and the European Atomic Energy
Community and their Member States and Georgia, in relation to the adoption of
the rules of procedure of the Association Council and of the Association
Committee, the establishment of two subcommittees, and the delegation of
certain powers by the Association Council to the Association Committee in Trade
configuration. 
On
10 May 2010, the Council authorised the Commission to open negotiations for a
new comprehensive and ambitious Association Agreement, including its Deep and
Comprehensive Free Trade Area (DCFTA) part. Negotiations of this comprehensive
and ambitious Agreement between the EU and Georgia were launched in July 2010.
Negotiations on the DCFTA part of the Agreement were launched in February 2012.
On 29 November 2013 the European Union and Georgia initialled the text of the Agreement.
The
Association Agreement is the most advanced agreement of this type ever
negotiated by the EU, in particular with regard to trade and economic
integration, going far beyond a simple market opening. The aim is to accelerate
the deepening of political and economic relations between Georgia and the EU,
as well as to advance Georgia's gradual economic integration with the EU
Internal Market in selected areas, notably through establishing a DCFTA.
On
16 June 2014, the Council adopted its decision [1]
on the signing, on behalf of the European Union and the European Atomic Energy
Community and their Member States, and provisional application of certain
provisions of the Association Agreement, including its Deep and Comprehensive
Free Trade Area (DCFTA) part between the European Union and the European Atomic
Energy Community and their Member States, of the one part, and Georgia, of the
other part. Subsequently, the Agreement was signed in Brussels on Friday, 27
June 2014 in the margins of the European Council.  
Georgia ratified the Agreement on 18 July 2014 and completed, in parellel
with the  European Union, the requisite notification procedures within the same
month. Consequently, in accordance with Article 431 of the Agreement certain
provisions thereof (specified in Article 3 of the Council Decision on the
signing and provisional application of the Agreement with Georgia of 16 June 2014) are applied on a provisional basis starting from 1 September 2014,
pending ratification by the EU Member States. 
The
provisional application is foreseen in view of keeping mutual economic
interests and shared values in equilibrium, and the common will of the EU and
Georgia to start implementing and enforcing the eligible parts of the Agreement
in order to advance an early reform impact on sector-specific issues before the
conclusion of the Agreement.
2.           RESULTS
OF THE NEGOTIATIONS
Title
VIII of the Agreement with Georgia provides for the institutional framework
that is necessary for the proper function and the implementation of the
Agreement. The Agreement establishes an Association Council (Article 407(1)) at
ministerial level to supervise and monitor the application and implementation
of the Agreement. 
To
prepare the meetings and deliberations of the Association Council, implement
the decisions of the Association Council where appropriate and, in general,
ensure continuity of the association relationship and the proper function of
the Agreement an Association Committee is also established (as per Article
407(1) of the Agreement). 
The
Association Council as well as the Association Committee may decide to set up
any other  sub-committee or body that can assist it in carrying out its duties,
and shall determine the composition and duties of such committees or bodies and
how they shall function. Furthermore, the Association Council has the power to
amend or update the Annexes to the Agreement (Article 406(3) of the Agreement).
It may delegate any of its powers to the Association Committee, including the
power to take binding decisions (Article 408(2) of the Agreement). 
The
Association Committee shall meet in a specific configuration to address all
issues, deriving from Title IV (Trade and Trade-related matters) of the
Agreement (Article 408(4) of the Agreement). The DCFTA part of the Agreement
foresees specific subcommittees on sanitary & phytosanitary measures, on
customs, on geographical indications, and on  trade & sustainable
development to assist the Association Committee in Trade configuration with its
duties. 
Fora
for civil society and parliamentary cooperation are also foreseen.
With
a view to ensuring smooth and timely implementation of the DCFTA part of the
Agreement, in particular with regard to the updates or amendment of several
trade-related Annexes to the Agreement, it is suggested to delegate such powers
by the Association Council to the Association Committee in Trade configuration.
Such delegation will ensure the necessary link between, and create conditions
for a timely follow-up to the technical discussions within that Committee on
the implementation of trade-related commitments, including those pertaining to
approximation to the EU acquis by Georgia. 
With
a view to completing the institutional framework and allowing for expert level
discussions in the key areas falling within the scope of provisional
application of the Agreements, it is suggested to establish two subcommittees,
designated as follows: 
(1)
Subcommittee on Justice, Freedom & Security (JFS); 
(2)
Subcommittee on Economic and other Sector cooperation;
The
purpose of the subcommittees is to focus on those topics where concrete results
are expected, rather than to necessarily cover the same agenda of topics year
after year. 
Additional
subcommittees may be established at a later stage, following agreement of the
Parties.
The
Association Agreement foresees a wide range of sector cooperation, focusing on
support to core reforms, economic recovery and growth, governance and sector
cooperation in 28 areas, such as justice, energy, transport, statistics, environment
protection and promotion, industrial and small and medium enterprise
cooperation, agriculture and rural development, social policies, civil society
cooperation, consumer policy, public administration reform, education, training
and youth as well as cultural cooperation. 
In
all of these areas, enhanced cooperation starts from the basis of current
frameworks, both bilateral and multilateral, with the aim of more systematic
dialogue and exchange of information and good practice. Key to the sectoral cooperation
chapters is a comprehensive menu of gradual approximation, where relevant, with
the EU acquis set out in annexes to the Agreement. Specific schedules
for approximation and implementation by Georgia of selected parts of the EU acquis
will provide a focus for on-going cooperation, and will form the core of Georgia's domestic reform and modernisation agenda. 
Any
"regular dialogues" as frequently referred to in the Agreement may
cover all of the aforementioned policy areas.  The second subcommittee may thus
meet in different configurations as the need arises. This proposal draws on
experience with the Partnership & Cooperation Agreements with Georgia and aims to streamline the functioning of the subcommittee structure under the
Association Agreement. 
Both
the EU and Georgia have committed to a rapid and effective implementation of
the Agreement. The aim of this proposal is therefore to ensure that the
institutional framework of the Agreement becomes operational as soon as
possible. In order to facilitate this it will be crucial to proceed rapidly
with the adoption process of the Rules of Procedure for the Association
Council, the Association Committee and the subcommittees so that these can soon
start functioning. It is intended to call the first meeting of the Association
Council with Georgia on 17 November 2014, coinciding with the Foreign Affairs
Council in Brussels. 
3.           LEGAL
ELEMENTS OF THE PROPOSAL
For the Union, the legal basis for authorising the Union position to be adopted in the Association
Council established by the Association Agreement between the EU and Georgia is
the Treaty on the functioning of the European Union, and in particular its
Articles 217 and 218(9). For EURATOM, the legal basis for authorising the  position to be adopted in the Association Council established by
the Association Agreement between the EU and Georgia is the
Treaty establishing the European Atomic Energy Community, and in particular
Article 101 thereof.
In light of the above-mentioned results of negotiations, on the
basis of Articles 217 and 218(9) TFEU and of Article 101 of the EURATOM Treaty,
the European Commission proposes that the Council adopts the Decision
authorising
the
position of the Union and the European Atomic Energy Community to be adopted in
the first EU-Georgia Association Council with regard to: 
–                        
the
rules of procedure for the Association Council and the Association Committee,
the
establishment of two subcommittees, 
and 
–                        
the
delegation of certain powers by the Association Council to the Association
Committee in Trade configuration.
Proposal
for a 
COUNCIL
AND COMMISSION DECISION
On
the position to be adopted on behalf of the Union and the European Atomic
Energy Community in the Association Council established by the Association
Agreement between the European Union and the European Atomic Energy Community
and their Member States, of the one part, and Georgia, of the other part, in
relation to the adoption of the rules of procedure of the Association Council
and of the Association Committee, to the establishment of two subcommittees,
and to the delegation of certain powers by the Association Council to the
Association Committee in Trade configuration
THE
COUNCIL OF THE EUROPEAN UNION,
THE EUROPEAN
COMMISSION,
Having regard to
the Treaty on the functioning of the European Union, and in particular its Article
217 in conjunction with Article 218 (9) thereof,
Having regard to
the Treaty establishing the European Atomic Energy Community, and in particular
Article 101 thereof, 
Having regard to
the proposal from the Commission,
Whereas:
(1)              
Article
431(3) and (4) of the Association Agreement (”the Agreement”) between the
European Union and the European Atomic Energy Community and their Member
States, of the one part, and Georgia, of the other part provide for provisional
application of the Agreement in part.
(2)              
Article
4 of the Council Decision of 16 June 2014 on the signing and provisional
application of the Agreement specifies certain provisions of the Agreement to
be applied provisionally.
(3)              
Article
405(2) of the Agreement provides that the Association Council shall establish
its own rules of procedure. 
(4)              
Article
405 (3) of the Agreement provides that the Association Council shall be chaired
in turn by a representative of the Union and a representative of Georgia.
(5)              
Article
407(1) of the Agreement provides that the Association Council shall be assisted
in the performance of its duties by an Association Committee while Article
408(1) provides that the Association Council shall determine in its rules of
procedure the duties and functioning of the Association Committee. 
(6)              
Article
409(1) provides that the Association Council may decide to set up any other
sub-committee or body in specific areas necessary for the implementation of the
Agreement that can assist it in carrying out its duties. 
(7)              
The
Association Council is responsible for supervising and monitoring the
application and implementation of the Agreement. The Association Council may
delegate to the Association Committee any of its powers, including the power to
take binding decisions. It is appropriate that the Association Council
delegates to the Association Committee in Trade configuration, as referred to
in Article 408(4) of the Agreement, the power to update or amend the Annexes to
this Agreement which relate to Chapters 1, 3, 5, 6 (Annex XV-C) and 8 of
Title IV (Trade and Trade‑related Matters), pursuant to Articles 406(3)
and 408(2) of the Agreement to the extent that there are no specific provisions
in those Chapters relating to the updating or the amendment of the Annexes in
this Agreement.
HAS
ADOPTED THIS DECISION: 
Article 1
1.           The
position to be adopted on behalf of the
Union and the European Atomic Energy Community   in the Association Council
established by Article 404 of the Association Agreement between the European
Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, shall be hereby established in
relation to:
–              
the
adoption of the rules of procedure of the Association Council and of the Association
Committee, 
–              
the
establishment of two subcommittees and the adoption of their rules of
procedure, 
and
–              
the
delegation of certain powers by the Association Council to the Association
Committee in Trade configuration under the terms of the draft Association
Council decisions annexed to this Decision.
2.           Minor
technical changes to the draft decisions may be agreed to by the
representatives of the Union and the European Atomic Energy Community in the
Association Council without further decision of the Council.
Article 2
The
Association Council shall be chaired on the Union side by the High
Representative of the Union for Foreign Affairs and Security Policy
Article 3
This Decision
shall enter into force on the date of its adoption. 
Done at Brussels,
            For the Council                                               For
the Commission
            The President                                                  The
President
[1]               OJ L 261 of 30 August 2014
ANNEXES
to
the
Proposal
for a 
COUNCIL
AND COMMISSION DECISION
On
the position to be adopted on behalf of the Union and the European Atomic
Energy Community in the Association Council established by the Association
Agreement between the European Union and the European Atomic Energy Community
and their Member States, of the one part, and Georgia, of the other part, in
relation to the adoption of the rules of procedure of the Association Council
and of the Association Committee, to the establishment of two subcommittees,
and to the delegation of certain powers by the Association Council to the
Association Committee in Trade configuration
ANNEX
1
DECISION
No 1/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL
of … 2014
adopting its rules of procedure and those of the Association Committee

THE EU-GEORGIA
ASSOCIATION COUNCIL, 
Having regard to
the Association Agreement between the European Union and the European Atomic
Energy Community and their Member States, of the one part, and Georgia, of the
other part, (hereinafter referred to as ‘the Agreement’) and in particular
Article 404 thereof,
Whereas:
(1)          In
accordance with its Article 431, parts of the Agreement are applied
provisionally as of 1 September 2014. 
(2)          Article
405(2) of the Agreement provides that the Association Council shall establish
its rules of procedure. 
(3)          Article
407(1) of the Agreement provides that the Association Council shall be assisted
in the performance of its duties by an Association Committee while Article
408(1) provides that the Association Council shall determine in its rules of
procedure the duties and functioning of the Association Committee. 
HAS DECIDED AS
FOLLOWS: 
Sole
Article
The Rules of
Procedure of the Association Council and those of the Association Committee, as
set out in Appendices A and B respectively, are hereby adopted.
Done at …, …. 
   || For the European Union For Georgia   
APPENDIX
A
Rules
of Procedure of the Association Council
EU-Georgia
AA-DCFTA
Article 1
General
provisions
1.           The
Association Council established in accordance with Article 404(1) of the
Association Agreement between the European Union and the European
Atomic Energy Community and their Member States, of the one
part, and Georgia, of the other (hereinafter referred to as the “Agreement”)
shall perform its duties as provided for in Articles 404406 of the Agreement. 
2.           As
provided for in Article 404(2) and Article 405(1) of the Agreement, the
Association Council shall be composed of members of the Council of the European
Union and members of the European Commission, of the one part, and of members
of the Government of Georgia, of the other. The composition of the Association
Council shall take into consideration the specific issues to be addressed at
any given meeting. Where appropriate and agreed by both parties, the
Association Council shall meet at Head of State or Government level.  
3.           As
provided for in Article 406(1) of the Agreement, for the purpose of attaining
the objectives thereof, the Association Council shall have the power to take
decisions that are binding upon the Parties. The Association Council shall take
appropriate measures for the implementation of its decisions, including if
necessary by empowering specific bodies established under this Agreement to act
on its behalf. The Association Council may also make recommendations. It shall
adopt its decisions and recommendations by agreement between the Parties after
the completion of the respective internal procedures for their adoption. The
Association Council may delegate its powers to the Association Committee.
4.           The
Parties in these Rules of Procedure are those as defined in Article 428 of the
Agreement. 
Article 2
Chairmanship
The Parties shall
hold the Chair of the Association Council, alternately, for a period of 12
months. The first period shall begin on the date of the first Association
Council meeting and end on 31 December of the same year.
Article 3
Meetings
1.           The
Association Council shall meet at least once a year, and when circumstances
require, by mutual agreement.  
2.           Each
session of the Association Council shall be held at a date agreed by the
Parties.
3.           The
meetings of the Association Council shall be convened jointly by the
Secretaries of the Association Council, in agreement with the Chair of the
Association Council not later than 30 days before the date
of the meeting.
Article 4
Representation
1.           The
members of the Association Council may be represented if unable to attend. If a
member wishes to be so represented, they must notify in writing the Chair of
the name of their representative before the meeting at which they are to be so
represented.
2.           The
representative of a member of the Association Council shall exercise all the
rights of that member.
Article 5
Delegations
1.           The
members of the Association Council may be accompanied by officials. Before each
meeting, the Chair shall be informed, through the Secretariat, of the intended
composition of the delegation of each Party.
2.           The
Association Council may, by agreement between the Parties, invite
representiatives of other bodies of the Parties or independent experts in a
subject-area to attend its meetings as observers or in order to provide
information on particular subjects. The Parties shall agree on the terms and
conditions under which these observers may attend the meetings. 
Article 6
Secretariat
An official of
the General Secretariat of the Council of the European Union and an official of
  Georgia shall act jointly as Secretaries of the Association Council.
Article 7
Correspondence
1.           Correspondence
addressed to the Association Council shall be directed to the Secretary of
either the Union or of Georgia who in turn will inform the other Secretary. 
2.           The
Secretariat shall ensure that correspondence is forwarded to the Chair and,
where appropriate, circulated to the Association Council. 
3.           The
Secretariat shall send the correspondence, as appropriate, to the General
Secretariat of the European Commission, the European External Action Service,
the Permanent Representations to the European Union of the Member States and to
the General Secretariat of the Council of the European Union, as well as to the
Mission of Georgia to the European Union, with copy, as applicable, to the
ministry responsible for foreign affairs or the ministry responsible for trade
and trade-related matters in Georgia.
4.           Communications
from the Chair of the Association Council shall be sent to the addressees by
the Secretariat on behalf of the Chair of the Association Council. Such
communications shall be circulated, where appropriate, to the members of the
Association Council as provided for in the third paragraph. 
Article 8
Confidentiality
Unless otherwise
decided by the Parties, the meetings of the Association Council shall not be
public. When
a Party submits to the Association Council information designated as
confidential, the other Party shall treat that information as such.
Article 9
Agendas
for the meetings
1.           The
Chair shall draw up a provisional agenda for each meeting. It shall be
dispatched by the Secretaries of the Association Council to the addressees
referred to in Article 7 of the Rules of Procedure not later than 15 calendar
days before the  meeting. 
The provisional
agenda shall include the items in respect of which the Chair has received a
request for inclusion in the agenda not later than 21 calendar days before the
beginning of the meeting. Such items shall not be written into the provisional
agenda unless the relevant supporting documents have been sent to the
Secretaries before the date of dispatch of the agenda. 
2.           The
agenda shall be adopted by the Association Council at the beginning of each
meeting. An item other than those appearing on the provisional agenda may be
placed on the agenda if the Parties so agree. 
3.           The
Chair may reduce, in consultation with the Parties, the time periods specified
in paragraph 1 in order to take account of the requirements of a particular
case. 
Article 10
Minutes
1.           Draft
minutes of each meeting shall be drawn up jointly by the two Secretaries. 
2.           The
minutes shall, as a general rule, indicate in respect of each item on the
agenda: 
(a)     the
documentation submitted to the Association Council; 
(b)     statements
which a member of the Association Council has asked to be entered; and
(c)     issues
agreed to by the Parties, such as decisions adopted, the statements agreed upon
and any conclusions, among others. 
3.           The
draft minutes shall be submitted to the Association Council for approval within
20 calendar days after each Association Council meeting. They shall be approved
within 45 calendar days after each Association Council meeting. Once approved,
the minutes shall be signed by the Chair and the two Secretaries. A certified
true copy shall be sent to each of the addressees referred to in Article 7 of
the Rules of Procedure. 
Article 11
Decisions
and recommendations
1.           In
the specific cases where the Agreement confers the power to take decisions or
where such power has been delegated to it by the Association Council, the
Association Committee shall take decisions. It shall also make recommendations.
Decisions and recommendations shall be made by mutual agreement between the
Parties. Each decision or recommendation shall be signed by a representative of
both Parties. Without prejudice to paragraph 2, the representatives shall sign
these documents during the meeting in which the relevant decision or
recommendation is adopted.  
2.           The
Association Council may also take decisions or make recommendations by written
procedure if the Parties so agree. For this purpose, the text of the proposal
shall be circulated in writing by the Chair of the Association Council to its
members pursuant to Article 7 of the Rules of Procedure, with a time limit of
no less than 21 calendar days within which members must make known any
reservations or amendments they wish to make. The Chair may reduce, in
consultation with the Parties, the aforementioned time limit in order to take
account of the requirements of a particular case. 
3.           Once
the text is agreed to, the decision or recommendation shall be signed
independently and successively by the Union and by Georgia. The acts of the
Association Council shall be entitled ‘Decision’ or ‘Recommendation’
respectively
within the meaning of Article 406(1) of the Agreement. The Secretariat
of the Association Council shall give any decision or recommendation a serial
number, the date of adoption and a description of their subject-matter. Each
decision shall provide for the date of its entry into force.
4.           The
decisions
and
recommendations of the Association Council shall be authenticated by the two
Secretaries. 
5.           The
decisions and recommendations shall be circulated to each of the addressees
referred to in Article 7 of these rules of Procedure. 
6.           Each
Party may decide to order publication of the decisions and recommendations of
the Association Council in its respective official publication. 
Article 12
Languages
1.           The official languages of the Association
Council shall be the official languages of the Parties.
2.           Unless
otherwise decided, the Association Council shall normally base its
deliberations on documentation prepared in these languages. 
Article 13
Expenses
1.           Each
Party shall meet any expenses it incurs as a result of participating in the
meetings of the Association Council, both with regard to staff, travel and
subsistence expenditure and with regard to postal and telecommunications
expenditure. 
2.          
Expenditure in connection with interpretation at
meetings, translation and reproduction of documents shall be borne by the
European Union, with the exception of expenditure in connection with
interpretation or translation from one of the official languages of the
European Union from and into Georgian which shall be borne by Georgia. 
3.          Other
expenditure relating to the material organisation of meetings shall be borne by
the Party which hosts the meetings.
Article 14
Association
Committee
1.           In
accordance with Article 407(1) of the Agreement, the Association Council shall
be assisted in carrying out its duties by the Association Committee. The
Committee shall be composed of representatives of the Union, of the one part,
and of representatives of Georgia, of the other, at a level determined by the
Agreement.
2.           The
Association Committee shall prepare the meetings and the deliberations of the
Association Council, implement the decisions of the Association Council where
appropriate and, in general, ensure continuity of the association relationship
and the proper functioning of the Agreement. It shall consider any matter
referred to it by the Association Council as well as any other matter which may
arise in the course of the implementation of the Agreement. It shall submit
proposals or any draft decisions/recommendations to the Association Council for
its approval. In
accordance with Article 408(2) of the Agreement, the Association Council may
empower the Association Committee to take decisions. 
3.           The
Association Committee shall take the decisions and make the recommendations it
is empowered for in the Agreement.
4.           In
cases where the Agreement refers to an obligation to consult or a possibility
of consultation or where the Parties decide by mutual agreement to consult each
other, such consultation may take place within the Association
Committee, except as otherwise specified in the Agreement. The consultation may
continue in the Association Council if the Parties so agree.
Article 15
Amendment
of Rules of Procedure
These Rules of
Procedure may be amended in accordance with Article 11 above.
APPENDIX
B
Rules
of Procedure of the Association Committee and Sub-Committees
EU-Georgia
AA-DCFTA
Article 1
General
provisions
1.           The
Association Committee established in accordance with Article 407(1) of the
Association Agreement between the European Union and the European Atomic Energy
Community and their Member States, of the one part, and Georgia, of the other
(hereinafter referred to as the “Agreement”) shall assist the
Association Council in the performance of its duties and functions and
perform the tasks provided for in this Agreement and assigned to it by the
Association Council. Pursuant to Article 408(1) the Association Council shall
determine in its rules of procedure the duties and functioning of the
Association Committee. 
2.           The
Association Committee shall prepare the meetings and the deliberations of the
Association Council, implement the decision of the Association Council where
appropriate and, in general, ensure continuity of the association relationship
and the proper functioning of the Association Agreement. It shall consider any
matter referred to it by the Association Council as well as any other matter
which may arise in the course of the day-to-day implementation of the
Association Agreement. It shall submit proposals or any draft decisions or
recommendations for adoption to the Association Council. 
3.           As
provided for in Article 407(2) of the Agreement, the Association Committee
shall be composed of representatives of the Union and representatives of Georgia, in principle at senior civil servant level, who have competence over the specific
issues to be addressed at any given meeting. 
4.           Pursuant
to Article 408(4) of the Agreement, when the Association Committee in trade
configuration performs the tasks conferred upon it in Title IV of the
Agreement, it shall be composed of senior officials of the European Commission
and of Georgia having responsibility for trade and trade-related matters. A
representative of the European Commission or of Georgia having responsibility
for trade and trade-related matters shall act as Chair in accordance with
Article 2 below. The meetings will also be attended by a representative of the
European External Action Service.
5.           As
provided for in Article 408(3) of the Agreement the Association Committee shall
have the power to adopt decisions in the cases provided for in the Agreement
and in areas in which the Association Council has delegated powers to it. These
decisions shall be binding upon the Parties, which shall take appropriate
measures to implement them. The Association Committee shall adopt its decisions
by agreement between the Parties after the completion of the respective
internal procedures for their adoption.
6.           The
Parties in these Rules of Procedure shall be defined as provided for in Article
428 of the Agreement. 
Article 2
Chairmanship
The Parties shall
hold the Chair of the Association Committee, alternately, for a period of 12
months. The first period shall begin on the date of the first Association
Committee meeting and end on 31 December of the same year.
Article 3
Meetings
1.           Save
as otherwise agreed by the Parties, the Association Committee shall meet
regularly, at least once a year. Special sessions of the Association Committee
may be held if the Parties so agree, at the request of either Party. 
2.           Each
meeting of the Association Committee shall be convened by the Chair at a date
and place agreed by the Parties. The notice of convening the meeting shall be
issued by the Secretariat of the Association Committee no later than 28
calendar days prior to the start of the meeting, unless the Parties agree
otherwise.
3.           The
Association Committee in trade configuration shall meet at least once a year
and when circumstances require. Each meeting shall be convened by the
Chair of the Association Committee in Trade confirguration at a date, location
and means agreed by the Parties. The notice convening the meeting shall be
issued by the Secretariat of the Association Committee in Trade configuration
no later than 15 calendar days prior to the start of the meeting, unless the
Parties agree otherwise.
4.           Whenever
possible, the regular meeting of the Association Committee shall be convened in
due time in advance of the regular meeting of the Association Council.
5.           By
way of exception and if the Parties agree, the meetings of the Association
Committee may be held by any agreed technological means
such
as video-conference.
Article 4
Delegations
Before each
meeting, the Parties shall be informed, through the Secretariat, of the
intended composition of the delegations attending the meeting on either side.
Article 5
Secretariat
1.         An
official of the Union and an official of Georgia shall act jointly as
Secretaries of the Association Committee and shall execute secretarial tasks in
a joint manner unless these Rules of Procedure otherwise provide, in a spirit
of mutual trust and cooperation.
2.         An
official of the European Commission and an official of Georgia having
responsibility for trade and trade-related matters shall act jointly as
Secretaries of the Association Committee in Trade configuration.
Article 6
Correspondence
1.           Correspondence
addressed to the Association Committee shall be directed to the Secretary of
either of the Parties, who in turn will inform the other Secretary. 
2.           The
Secretariat shall ensure that correspondence addressed to the Association
Committee is forwarded to the Chair of the Committee and circulated, where
appropriate, as documents referred to in Article 7 of these Rules of Procedure.
3.           Correspondence
from the Chair of the Association Committee shall be sent to the Parties by the
Secretariat on behalf of the Chair of the Association Committee. Such
correspondence shall be circulated, where appropriate, as provided for in
Article 7 of these Rules of Procedure.
Article
7
Documents
1.           Documents
shall be circulated through the Secretaries.
2.           A
Party shall transmit its documents to its Secretary. The Secretary shall
transmit those documents to the Secretary of the other Party. 
3.           The
Secretary of the Union shall circulate the documents to the responsible representatives
of the Union and shall copy systematically the Secretary of Georgia
in such correspondence.
4.           The
Secretary of Georgia shall circulate the documents to the responsible
representatives of Georgia and shall copy systematically
the Secretary of the Union in such correspondence.
Article 8
Confidentiality
Unless otherwise
decided by the Parties, the meetings of the Association Committee shall not be
public. When
a Party submits to the Association Committee information designated as
confidential, the other Party shall treat that information as such.
Article 9
Agendas
for the Meetings
1.           A
provisional agenda for each meeting as well as draft Operational Conclusions as
provided for in Article 10 hereunder shall be drawn up by the Secretariat of
the Association Committee on the basis of proposals made by the Parties. The
provisional agenda shall include items in respect of which the Secretariat of
the Association Committee has received a request for inclusion in the agenda by
a Party, supported by relevant documents, no later than 21 calendar days before
the meeting date.
2.           The
provisional agenda, together with the relevant documents, shall be circulated
as provided for in Article 7 no later than 15 calendar days before the
beginning of the meeting. 
3.           The
agenda shall be adopted by the Association 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.           The
Chair of the meeting of the Association Committee may, upon agreement of the
other Party, invite representiatives of other bodies of the Parties or
independent experts in a subject-area on an ad-hoc basis to attend its
meetings in order to provide information on specific subjects. The Parties
shall ensure that those observers or experts respect any confidentiality
requirements. 
5.           The
Chair of the meeting of the Association Committee may reduce, in consultation
with the Parties, the time periods specified in paragraphs 1 and 2 in order to
take account of special circumstances. 
Article 10
Minutes and Operational Conclusions
1.           Draft
minutes of each meeting shall be drawn up jointly by the two Secretaries. 
2.           The
minutes shall, as a general rule, indicate in respect of each item on the
agenda: 
(a)      a
list of participants in the meeting, a list of officials accompanying them and
a list of any observers or experts who attended the meeting; 
(b)     the
documentation submitted to the Association Committee; 
(c)     statements
which the Association Committee has asked to be entered; and
(d)     Operational
Conclusions from the meeting, as provided in paragraph (4). 
3.           The
draft minutes shall be submitted to the Association Committee for approval.
They shall be approved within 28 calendar days after each Association Committee
meeting. Once approved, the minutes shall be signed by the Chair and the two
Secretaries. A certified true copy shall be sent to each of the addressees
referred to in Article 7 of the Rules of Procedure. 
4.           Draft
Operational Conclusions of each meeting shall be drawn up by the Secretary of
the Association Committee of the Party holding the Chairmanship, and circulated
to the Parties together with the agenda, normally no later than 15 calendar
days before the beginning of the meeting. This draft shall be updated as the
meeting proceeds so that at the end of the meeting, unless agreed otherwise ,
the Association Committee adopts the Operational Conclusions, reflecting the
follow-up actions agreed by the Parties.  Once agreed, the Operational
Conclusions shall be attached to the minutes and their implementation shall be
reviewed during any subsequent meeting of the Association Committee. To that
end the Association Committee shall adopt a template, allowing for each action
point to be tracked against a specific deadline. 
Article 11
Decisions
and recommendations
1.           In
the specific cases where the Agreement confers the power to take decisions or
where such power has been delegated to it by the Association Council, the
Association Committee shall take decisions and make recommendations by mutual
agreement between the Parties. Each decision or recommendation shall be signed
by a representative of both Parties. Without prejudice to paragraph 2, the
representatives shall sign these documents during the meeting in which the
relevant decision or recommendation is adopted.  
2.           The
Association Committee may take decisions or make recommendations by written
procedure if the Parties so agree. The written procedure shall consist of an
exchange of notes between the two Secretaries, acting in agreement with the
Parties. For this purpose, the text of the proposal shall be circulated
pursuant to Article 7, with a time limit of no less than 21 calendar days
within which any reservations or amendments must be made known. The Chair of
the Association Committee may reduce, in consultation with the Parties, the
time periods specified in this paragraph in order to take account of special
circumstances. Once the text is agreed, the decision or recommendation shall be
signed independently and successively by a representative of each Party.
3.           The
acts of the Association Committee shall be entitled ‘Decision’ or
‘Recommendation’ respectively. Each decision shall provide for the date of its
entry into force. 
4.           The
decisions
and
recommendations of the Association Commitee shall be authenticated by the two
Secretaries. 
5.           The
decisions and recommendations shall be circulated to both Parties. 
6.           Each
Party may decide on the publication of the decisions and recommendations of the
Association Committee in its respective official publication.
Article 12
Reports
The Association
Committee shall report to the Association Council on its activities and those
of its Sub-Committees, Working Groups and other bodies at each regular meeting
of the Association Council. 
Article 13
Languages

1.           The
official languages of the Association Committee shall be English and Georgian. 

2.           Unless
otherwise decided, the Association Committee shall base its deliberations on
documentation prepared in
both of these languages. 
Article 14
Expenses
1.           Each
Party shall meet any expenses it incurs as a result of participating in the
meetings of the Association Committee, both with regard to staff, travel and
subsistence expenditure and with regard to postal and
telecommunications expenditure. 
2.           Expenditure
in connection with the organisation of meetings and reproduction of documents
shall be borne by
the Party hosting the meeting. 
3.           Expenditure
in connection with interpreting at meetings and translation of documents into
or from English and Georgian as referred to in Article 13(1) of these Rules of
Procedure shall be borne by the Party hosting the meeting. 
Interpreting and
translation into or from other languages shall be borne directly by the
requesting Party. 
Article 15
Amendment
of Rules of Procedure
These Rules of Procedure
may be amended by a decision of the Association Council in accordance with
Article 408(1). 
Article
16
Sub-Committees
and specialised Working Groups
1.           In
accordance with Article 409(2) of the Agreement, the Association Committee may
decide to create Sub-Committees or any special committee or body, in specific
areas necessary for the implementation of the Agreement other than those
provided for in the Agreement, to assist it in the performance of its duties.
The Association Committee may decide to abolish any such Sub-Committee, special
committee or body. Unless otherwise decided, these sub-committees shall work
under the authority of the Association Committee, to which they shall report
after each of their meetings. 
2.           Unless
otherwise provided for by the Agreement or agreed in the Association Council,
the present rules of procedures shall be applied mutatis mutandis to any
Sub-Committee, special committee or body as provided for under (1) above. 
3.         The
meetings of the subcommittees created under the Agreement may be held flexibly
as the need arises, in person, either in Brussels or in the partner country or
e.g. by videoconference. The subcommittees should be the platform to monitor
the progress on approximation in specific areas, to discuss certain issues and
challenges arising from this process and to formulate recommendations and
operational conclusions.
4.         The
Secretariat of the Association Committee shall be in copy of all relevant
correspondence, documents and communications pertaining to a subcommittee,
special committee or body as provided for under (1) above. 
5.         Unless
otherwise provided for in the Agreement or agreed by the Parties within the
Association Council, the Sub-Committees, special committee or bodies shall only
have the power to make recommendations to the Association Committee.
Article
17
These Rules of
Procedure shall apply to the Association Committee in Trade configuration mutandis
mutatis, unless otherwise provided. 
 
ANNEX
II
DECISION
No 2/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL
of ..
2014
on
the establishment of two subcommittees 
THE
EU-GEORGIA ASSOCIATION COUNCIL,
Having regard to
the Association Agreement between the European Union and the European Atomic
Energy Community and their Member States, of the one part, and Georgia, of the
other part, (‘the Agreement’) and in particular Article 409 thereof,
Whereas:
(1)          In
accordance with its Article 431, parts of the Agreement are applied
provisionally as of 1 September 2014. 
(2)          Article
409(2) provides that the Association Council may decide to set up any other 
subcommittee or body in specific areas necessary for the implementation of the
Agreement that can assist it in carrying out its duties. 
(3)          In
order to allow for expert level discussions on the key areas falling within
scope of the provisional application of the Agreement, two subcommittees should
be established. Upon further agreement of the Parties both the list of
sub-committees and the scope of the individual sub-committees can be modified.
HAS ADOPTED THIS
DECISION:
Sole
Article
The
subcommittees listed in Appendix A are hereby established. The Rules of
Procedure of the subcommittees are governed by Article 16 of the Rules of
Procedure of the Association Committee and sub-committees of the EU-Georgia Association
Agreement as adopted by Decision No 1/2014 of the EU-Georgia Association
Council.  
Done at,
                                                                       For
the Association Council
                                                                       The
Chair
Appendix A to ANNEX II
EU-Georgia Association Council
Subcommittees established:
(1)          Subcommittee
on Justice, Freedom & Security; 
(2)          Subcommittee
on Economic and other Sector cooperation. 
ANNEX
III
DECISION
No 3/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL
of ..
2014
on
the delegation of certain powers by the Association Council to the Association
Committee in Trade configuration 
THE
EU-GEORGIA ASSOCIATION COUNCIL,
Having regard to
the Association Agreement between the European Union and the European Atomic
Energy Community and their Member States, of the one part, and Georgia, of the
other part, (‘the Agreement’) and in particular Articles 406(3) and 408(2)
thereof,
Whereas:
(1)          Parts
of the Agreement are applied provisionally as of 1 September 2014, pursuant to
Article 431 of the Agreement. 
(2)          The
Association Council is responsible for supervising and monitoring the
application and implementation of the Agreement. 
(3)          The
Association Council may delegate to the Association Committee any of its
powers, including the power to take binding decisions pursuant to Article
408(2) of the Agreement.
 (4)         The
Association Committee in Trade configuration addresses all issues related to
Title IV (Trade and Trade-related Matters) as specified in Article 408(4) of
the Agreement. 
(5)          In
order to ensure smooth and timely implementation of the DCFTA part of the
Agreement, it
is appropriate that the Association Council delegates to the Association
Committee in Trade configuration the power to update or amend the Annexes to
this Agreement which relate to Chapters 1, 3, 5, 6 and 8 of Title IV (Trade and
Trade‑related Matters) of this Agreement to the extent that there are no
specific provisions in those Chapters relating to the update or the amendment
of those Annexes in this Agreement.    
HAS ADOPTED THIS
DECISION:
Sole
Article
The Association
Council delegates to the Association Committee in Trade configuration, as
referred to in Article 408(4) of the Agreement, the power to update or amend
the Annexes which relate to Chapters 1, 3, 5, 6 (Annex XV-C) and 8 of Title IV
(Trade and Trade‑related Matters) of this Agreement, to the extent that
there are no specific provisions in those Chapters relating to the update or
the amendment of those Annexes in this Agreement. 
                                                                        
            The
European Union                          Georgia