Explanatory Memorandum to COM(2009)686 - EU position in the Cooperation Committee EU-Azerbaijan in relation to the establishment of new subcommittees

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The 1999 Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States and the Republic of Azerbaijan forms the legal basis of bilateral relations between the European Union and Azerbaijan.

The EU-Azerbaijan Cooperation Council meeting of 14 November 2006 adopted a recommendation on the implementation of a European Neighbourhood Policy (ENP) Action Plan. As indicated in this recommendation, the Action Plan sets out concrete steps in bringing forward the fulfilment of the Parties’ obligations set out in the PCA and provides a broader framework for further strengthening EU-Azerbaijan relations to involve a significant measure of economic integration and a deepening of political cooperation, in accordance with the overall objectives of the PCA.

The European Council of March 2009 welcomed the establishment of an ambitious Eastern Partnership that will involve a deeper engagement with the eastern partners at both bilateral and multilateral levels, aiming at creating the necessary conditions to accelerate political association and further economic integration by seeking to support political and socio-economic reforms of partner countries, facilitating approximation towards the EU. The Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009 confirmed the desire of the EU Member States and eastern European partners to take their relationship to a new level by pursuing the above-mentioned goals.

The EU–Azerbaijan ENP Action Plan provides in Chapter 5 (Monitoring) that the joint bodies established under the PCA will advance and monitor the implementation of the Action Plan and that structures established under the relevant agreements should be reviewed, where appropriate, to ensure that all priorities under the ENP are duly reflected.

An institutional structure including a number of sectoral subcommittees underpins the implementation of other similar agreements and Action Plans with ENP partner countries, such as Jordan (11 subcommittees to date), Morocco (10), Ukraine (7), Republic of Moldova  i. The present proposal follows a similar approach and aims to ensure an institutional structure to allow for the EU and Azerbaijan to broaden the areas of discussion of their bilateral relations. Two subcommittees have been established to date to assist the EU-Azerbaijan Cooperation Committee in carrying out its duties:  i subcommittee on trade, economic and related legal issues and  i subcommittee on energy, transport and environment.

Azerbaijan is willing to strengthen cooperation in the other fields covered by the PCA and has expressed its commitment to a more ambitious relationship in line with the principles of the Eastern Partnership.

With a view to broadening the institutional framework for dialogue and monitoring the implementation of the ENP Action Plan and pursuing the aim of enhancing EU- Azerbaijan relations, the European Commission proposes to the Council to establish two additional subcommittees, designated as follows:  i Subcommittee on Justice, Freedom and Security and Human Rights and Democracy;  i Subcommittee on Employment and Social Affairs, Public Health, Training, Education and Youth, Culture, Information Society and Audiovisual Policy, and Science and Technology. These subcommittees will be established within the framework of the PCA.

The structure presented above would be conducive to advancing and monitoring the implementation of the ENP Action Plan. The dialogue within the framework of the subcommittees will provide for exchange of information and best practices at expert level, helping to build trust and develop closer ties between the European Commission and partner countries’ experts.

The dialogue in the subcommittees will reinforce the interaction with Azerbaijan and provide consistent information on its progress and ambition. It will also allow areas to be identified where Azerbaijan would need assistance (e.g. for improving administrative capacity through the Eastern Partnership Comprehensive Institution-Building programmes).

As provided for by Article 2 i of the Council and Commission Decision of 31 May 1999 on the conclusion of the aforementioned PCA, the text of the proposal for a Council Decision on the position to be taken by the Union in the EU-Azerbaijan Cooperation Committee with regard to the establishment of new subcommittees is attached. The objectives, the subjects covered by each subcommittee and the implementing procedures are set out in the attached rules of procedure.