17 The EU and Georgia
| (a)
(35229)
12735/13
COM(13) 536
(b)
(35230)
12737/13
COM(13) 537
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Draft Council Decision on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Georgia on a Framework Agreement between the European Union and Georgia, on the general principles for the participation of Georgia in Union programmes
Draft Council Decision on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Georgia on a Framework Agreement between the European Union and Georgia on the general principles for the participation of Georgia in Union programmes
|
| Legal base | (a) Article 212 in conjunction with Article 218 (5) TFEU; QMV
(b) Articles 217 in conjunction with 218 (6) (a) TFEU; QMV
|
| Department | Foreign and Commonwealth Office
|
| Basis of consideration
| Minister's letter of 18 November 2013
|
| Previous Committee Report
| HC 83-xviii (2013-14), chapter 11 (23 October 2013)
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| Discussion in Council
| To be determined |
| Committee's assessment
| Legally and politically important
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| Committee's decision
| Cleared |
Background
17.1 As part of the European Neighbourhood Policy
(ENP), the gradual opening-up of certain Union programmes and
agencies to the participation of ENP partner countries aims to
promote reform, modernisation and transition in the European Union's
neighbourhood. The Commission outlined this policy aspect more
extensively in its Communication of December 2006 "on the
general approach to enable European Neighbourhood Policy partner
countries to participate in Community agencies and Community programmes".[44]
The Council endorsed this approach in conclusions on 5 March 2007.[45]
17.2 Based upon this Communication and those conclusions,
the Council, on 18 June 2007, tasked the Commission with negotiating
Framework Agreements with Algeria, Armenia, Azerbaijan, Egypt,
Georgia, Israel, Jordan, Lebanon, Moldova, Morocco, the Palestinian
Authority, Tunisia and Ukraine, on the general principles for
their participation in Community programmes.
17.3 The June 2007 European Council[46]
reaffirmed the importance of the ENP and endorsed a Presidency
Progress Report[47]
that had been submitted to the General Affairs and External Relations
Council (GAERC) meeting on 18/19 June 2007, as well as the related
Council Conclusions.[48]
This report recalled the Council directives to negotiate relevant
additional protocols.
17.4 The Joint Communication by the Commission and
the High Representative of the European Union for Foreign Affairs
and Security Policy, A new response to a changing Neighbourhood,
[49]
endorsed by Council Conclusions on 20 June 2011, further stressed
the EU's intention to facilitate partner countries' participation
in EU programmes.
17.5 In September 2011, the participants of the Eastern
Partnership's Warsaw Summit agreed to facilitate participation
by partner countries in EU programmes and agencies.
17.6 To date, Protocols have been signed with Armenia,
Israel, Jordan, Moldova, Morocco and Ukraine.
17.7 In December 2012, Georgia expressed its interest
to participate in the broad range of programmes open to partner
countries of the European Neighbourhood Policy.
Previous scrutiny
17.8 The Committee's previous Report on these two
draft Council Decisions concluded that:
· they raised legal
rather than political issues;
· the Committee did
not consider the opt-in Protocol to apply in the absence of a
Title V legal base, unlike the Government;
· however, should the
Government succeed in adding a Title V legal base, the three months
should run from the date upon which the new legal base was added;
and
· it looked forward
to hearing from the Minister when these matters had been resolved.
The Minister's letter of 18 November 2013
17.9 The Minister for Europe writes to say that:
· the Government's position
remains that the UK's JHA opt-in Protocol is triggered by any
measure that includes JHA content and applies regardless of whether
a JHA legal base has been cited;
· in this case, the
UK's JHA opt-in has been triggered in relation to the proposed
Decisions which seek to make Georgia eligible to participate in
EU programmes that the Government assesses have JHA content; and
· the three-month window
for the Government to indicate its final decision on whether to
opt-in on the Council Decision on signing and provisional application
closed on 25 October. The UK asserted its opt-in, and opted into
the JHA provisions of both Council Decisions on 25 October.
Conclusion
17.10 We assume from the Minister's letter that
the Government was unsuccessful in adding a Title V legal base,
which would have given purpose to its otherwise redundant exercise
of the opt-in. Should this assumption prove to be incorrect, we
ask the Minister to inform us immediately. In the meantime we
see no reason to continue to hold the draft Decisions under scrutiny
and so clear them.
44 COM(06) 724 l of 4 December 2006. Back
45
GAERC conclusions of 5 March 2007. Back
46
Presidency Conclusions - Brussels, 21/22 June 2007, Doc 11177/07. Back
47
Presidency Progress Report on Strengthening the European Neighbourhood
Policy, Doc 10874/07. Back
48
Conclusions on Strengthening the European Neighbourhood Policy,
adopted by the Council (General Affairs and External Relations)
on 18 June 2007, Doc 11016/07. Back
49
COM(11) 303 final of 25 May 2011. Back
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