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

• Published date: 18 March 2017
• Official Gazette Publication: Gazzetta ufficiale dell'Unione europea, L 73, 18 marzo 2017,Diario Oficial de la Unión Europea, L 73, 18 de marzo de 2017,Journal officiel de l'Union européenne, L 73, 18 mars 2017

18.3.2017 EN Official Journal of the European Union L 73/15

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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, (1) (‘the Agreement’) provides for provisional application of the Agreement in whole or in part.

(2) Article 3 of Council Decision (EU) 2016/123 (2) 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:

Article 1

1. The position to be taken on the Union's behalf within the Cooperation Council established by Article 268(1) 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, shall be based on the draft Decisions of the Cooperation Council attached to this Decision as regards:

— the adoption of the Rules of Procedure of the Cooperation Council and those of the Cooperation Committee, specialised subcommittees or any other bodies,

— the establishment of a Subcommittee on Justice, Freedom and Security, a Subcommittee on Energy, Transport, Environment and Climate Change and a Subcommittee on Customs Cooperation.

2. Minor technical corrections to the draft Decisions of the Cooperation Council may be agreed to by the representatives of the Union within the Cooperation Council without further decision of the Council.

Article 2

The Cooperation Council shall be chaired on the Union side by the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with his or her responsibilities pursuant to the Treaties and his or her capacity as President of the Foreign Affairs Council.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 3 March 2017.

For the Council

The President

M. FARRUGIA

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(1) OJ L 29, 4.2.2016, p. 3.

(2) 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).

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DRAFT

DECISION No 1/2017 OF THE EU-REPUBLIC OF KAZAKHSTAN COOPERATION COUNCIL

of …

Adopting its Rules of Procedure and those of the Cooperation Committee, specialised subcommittees or any other bodies

THE EU-REPUBLIC OF KAZAKHSTAN COOPERATION COUNCIL,

Having regard to 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 (1) (‘the Agreement’), and in particular Article 268 thereof,

Whereas:

(1) In accordance with Article 281(3) of the Agreement, parts of the Agreement have been applied provisionally as of 1 May 2016.

(2) Pursuant to Article 268(7) of the Agreement, the Cooperation Council is to establish its rules of procedure.

(3) 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.

(4) Pursuant to Article 269(6) of the Agreement, the Cooperation Council may decide to set up specialised subcommittees or any other bodies that can assist it in carrying out its duties and is to determine the composition and duties of such subcommittees or bodies and how they will function.

(5) Pursuant to Article 25(3) of the Agreement, the Cooperation Council is to establish a Subcommittee on Customs Cooperation.

(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) The Cooperation Council held on 6 October 2016 in Brussels decided to adopt its rules of procedure via an exchange of Notes Verbale,

HAS ADOPTED THIS DECISION:

Article 1

The Rules of Procedure of the Cooperation Council and those of the Cooperation Committee, specialised subcommittees or any other bodies set up by the Cooperation Council, as set out in Annexes I and II respectively, are hereby adopted.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at …,

For the Cooperation Council

The Chair

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(1) OJ L 29, 4.2.2016, p. 3.

ANNEX I

RULES OF PROCEDURE OF THE COOPERATION COUNCIL

Article 1

General provisions

1. The Cooperation Council established in accordance with Article 268(1) of the Agreement shall perform its duties in accordance with Article 268 of the Agreement.

2. In accordance with Article 268(5) of the Agreement, the Cooperation Council shall be composed of representatives of the Parties. The composition of the Cooperation Council shall take into consideration the specific issues to be addressed at any given meeting. The Cooperation Council shall meet at ministerial level.

3. In accordance with Article 268(2) of the Agreement, and for the purpose of attaining the objectives thereof, the Cooperation Council shall have the power to take decisions that are binding upon the Parties. The Cooperation Council shall take appropriate measures for the implementation of its decisions, including, if necessary, by empowering specific bodies established under the Agreement to act on its behalf. The Cooperation 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. The Cooperation Council may delegate its powers to the Cooperation Committee.

4. The Parties subject to these Rules of Procedure are those set out in Article 285 of the Agreement.

Article 2

Chairmanship

The Parties shall hold the chairmanship of the Cooperation Council, alternately, for a period of 12 months. The first period shall begin on the date of the first Cooperation Council meeting and end on 31 December of the same year.

Article 3

Meetings

1. The Cooperation...