Council Decision (EU) 2017/477
of 3 March 2017
on the position to be adopted on behalf of the European Union within the Cooperation Council established under the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part as regards the working arrangements of the Cooperation Council, the Cooperation Committee, specialised subcommittees or any other bodies
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(1) and Article 37 thereof,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and 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)
Article 281(3) of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, (‘the Agreement’) provides for provisional application of the Agreement in whole or in part.
(2)
Article 3 of Council Decision (EU) 2016/123 lays down which parts of the Agreement are to be applied provisionally. Those parts of the Agreement have been applied provisionally as of 1 May 2016.
(3)
Pursuant to Article 268(7) of the Agreement, the Cooperation Council is to establish its rules of procedure.
(4)
Pursuant to Articles 268(6) and 269(3) of the Agreement, the Cooperation Council and the Cooperation Committee are to be chaired alternately by a representative of the European Union and a representative of the Republic of Kazakhstan.
(5)
Pursuant to Article 269(1) of the Agreement, the Cooperation Council is to be assisted in the performance of its duties by a Cooperation Committee.
(6)
Pursuant to Article 269(7) of the Agreement, the Cooperation Council is to determine in its rules of procedure the duties and functioning of the Cooperation Committee and of any subcommittee or body set up by the Cooperation Council.
(7)
Pursuant to Article 269(5) of the Agreement, the Cooperation Committee may meet in a special composition to address relevant issues related to Title III (Trade and Business). Pursuant to Article 269(6) of the Agreement, the Cooperation Council may decide to set up specialised subcommittees or any other bodies that could assist it in carrying out its duties and is to determine the composition and duties of such subcommittees or bodies and how they are to function.
(8)
Pursuant to Article 268(1) of the Agreement, the Cooperation Council is to supervise and regularly review the implementation of the Agreement. In accordance with Article 268(4) of the Agreement, the Cooperation Council may delegate any of its powers to the Cooperation Committee, including the power to take binding decisions. Pursuant to Article 268(3) of the Agreement, the Cooperation Council has the power to update or amend the Annexes to the Agreement, based on consensus between the Parties, without prejudice to any specific provisions under Title III (Trade and Business).
(9)
Pursuant to Article 25(3) of the Agreement, the Cooperation Council is to establish a Subcommittee on Customs Cooperation. Pursuant to Article 25(4) of the Agreement, a regular dialogue is to take place on the issues covered by Chapter 2 of the Agreement. The Cooperation Committee may also establish rules for the conduct of such dialogue, as set out in Article 25(4) of the Agreement.
(10)
In order to ensure the effective implementation of the Agreement, the Rules of Procedure of the Cooperation Council, the Cooperation Committee and the subcommittees should be adopted as soon as possible.
(11)
The position of the Union within the Cooperation Council should therefore be based on the attached draft Decisions,
HAS ADOPTED THIS DECISION:
OJ L 29, 4.2.2016, p. 3.
Council Decision (EU) 2016/123 of 26 October 2015 on the signing, on behalf of the European Union, and provisional application of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part (OJ L 29, 4.2.2016, p. 1).