Explanatory Memorandum to JOIN(2015)36 - Conclusion of the Cooperation Agreement on Partnership and Development between the EU and Afghanistan - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | JOIN(2015)36 - Conclusion of the Cooperation Agreement on Partnership and Development between the EU and Afghanistan. |
|---|---|
| source | JOIN(2015)36  |
| date | 17-12-2015 |
1. CONTEXT OF THE PROPOSAL
In July 2011, the Foreign Affairs Council 1 expressed its willingness to negotiate an agreement with Afghanistan that would reflect its long-term commitment to the country’s development. In November 2011, the Council adopted a Decision authorising the Commission and the High Representative to negotiate a Cooperation Agreement on Partnership and Development (CAPD) with Afghanistan 2 . Three rounds of negotiations were held over the year that followed (the last ending in November 2012). After a break of over two years, talks were resumed in 2015, with the new Afghan Government. The fourth and final round of negotiations took place in Brussels on 29 April 2015 and was concluded successfully. The two sides initialled the Agreement in Kabul on 2 July 2015 in the presence of President Ghani.
The Agreement is the first contractual relationship between the European Union and Afghanistan and underpins the EU’s commitment to supporting Afghanistan’s future development during its ‘decade of transformation’ agreed at the Bonn conference in 2011. By strengthening political dialogue and improving cooperation in a broad range of areas, the Agreement consolidates the European Union’s engagement with Afghanistan. It acknowledges the results of the international conferences on Afghanistan held in Bonn, Chicago, Kabul, Tokyo and London.
The Agreement includes provisions on political dialogue and on cooperation in a broad range of areas. It draws on the EU’s standard political clauses on human rights and the International Criminal Court, and includes commitments related to the rights of women and children. The Agreement builds on the principles of mutual accountability and reiterates the willingness of the parties to address shared concerns, including: 1) the fight against terrorism, international crime and illegal trafficking; 2) non-proliferation of nuclear weapons, disarmament and nuclear security; 3) Weapons of Mass Destructions (WMD); 4) Small Arms and Light Weapons (SALW)and 5) counter-narcotics. The provisions on cooperation cover the following sectors: infrastructure development, energy, transport, health, natural resources, tax, education and culture, employment and social affairs, science and technology, and environment and climate change. The Agreement also emphasises the importance of legal cooperation and affirms the parties’ commitment to fighting organised crime, money laundering and corruption.
2. LEGAL ELEMENTS OF THE PROPOSAL
The legal base for the conclusion of this Agreement are Article 37 of the Treaty on European Union and Articles 207 and 209, in conjunction with Article 218(6)(a) and the second paragraph of Article 218(8), of the Treaty on the Functioning of the European Union.