Explanatory Memorandum to COM(2013)170 - EU position on the rules of procedure of the Cooperation Council and of the Cooperation Committee EU-Iraq, and the establishment of specialised subcommittees

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On 21 December 2011, the Council adopted its decision on the signing, on behalf of the European Union, and provisional application of certain provisions of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the republic of Iraq, of the other part (hereinafter “Agreement”) i.

On 11 May 2012, the High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the European Commission Catherine Ashton and the Foreign Minister of the Republic of Iraq Hoshyar Zebari signed the Agreement.

The Agreement marks the first ever contractual relation between the EU and Iraq. It provides a legal framework covering issues from regular political dialogue to trade relations and regulatory cooperation, and development cooperation.

The aim of the Agreement, concluded for 10 years (renewable), is to build a solid basis for strengthening ties between Iraq and the EU. In particular, it aims to enhance political dialogue on bilateral, regional and global issues, improving the trade arrangements between Iraq and the EU, supporting Iraq’s own vital reform and development efforts and facilitating its integration into the wider international economy. The Agreement underlines the EU’s determination to play a significant role in Iraq’s transition and will be the main vehicle for the EU’s support to Iraq and further enhancement of EU-Iraq relations.

In accordance with Article 3 of the Council Decision of 21 December 2011 on the signing and provisional application of certain provisions of the Agreement, Article 2 (Human Rights clause) and Titles II (Trade and Investments), III (Cooperation areas) and V (Institutional, General and Final Provisions) are applied on a provisional basis starting from 1 August 2012, in so far as it concerns matters falling within the EU’s competence.

In Title V on institutional provisions, a Cooperation Council is established at ministerial level to supervise the implementation of the Agreement pursuant to Article 111 of the Agreement. The Cooperation Committee is established by Article 112  i of the Agreement. In accordance with Article 112  i, the Cooperation Council shall be assisted in the performance of its duties by the Cooperation Committee and may decide to set up any other specialised sub-committee or body that can assist it in carrying out its duties, and shall determine the composition and duties of such committees or bodies and how they shall function.

With a view to completing the institutional framework and allowing for expert level discussions on the key areas falling within scope of the provisional application of the Agreement, it is suggested to establish three subcommittees, designated as follows:  i Subcommittee on Human Rights and Democracy;  i Subcommittee on Trade and related issues;  i Subcommittee on Energy and related issues. Additional subcommittees may be established at a later stage, following agreement of the Parties.

The meetings in the subcommittees will allow the EU to reinforce the interaction with the Iraqi administration and provide an opportunity to discuss in detail Iraq’s development in the specific areas and priorities for EU-Iraq cooperation, as well as for EU assistance to Iraq. Iraq has expressed strong interest in starting the work of the three subcommittees as soon as possible.

Both the EU and Iraq have committed to a rapid and effective implementation of the Agreement. The aim of this proposal is therefore to ensure that the institutional framework of the Agreement is established as soon as possible, with the understanding that the first meetings of the sub-committees should take place not later than in early 2013, followed by those of the Cooperation Committee and the Cooperation Council. In order to be able to proceed in this sequence it is proposed that, by its first act the Cooperation Council adopts its decisions on  i the adoption of the rules of procedure for the Cooperation Council and the Cooperation Committee, and  i the establishment of the specialised subcommittees and the adoption of their terms of reference. Furthermore, these decisions should be adopted by written procedure, in accordance with Article 10 of the Cooperation Council’s proposed Rules of Procedure.