Documents considered by the Committee on 4 December 2013 - European Scrutiny Committee Contents


17 The EU and Georgia

(a)

(35229)

12735/13

COM(13) 536



(b)

(35230)

12737/13

COM(13) 537


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

DepartmentForeign 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)
Discussion in Council To be determined
Committee's assessment Legally and politically important
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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Prepared 11 December 2013