Explanatory Memorandum to JOIN(2017)23 - EU position within the Joint Committee EU-Afghanistan as regards the adoption of the Joint Committee's rules of procedure and the setting-up of two special working groups

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1. CONTEXT OF THE PROPOSAL

The EU-Afghanistan Cooperation Agreement on Partnership and Development (''the Agreement') was signed on 18 February 2017. 1

The Agreement represents the first contractual relationship between the Union and Afghanistan and establishes a legal framework for their cooperation.

The Agreement reflects the principles and conditions on which the future EU - Afghanistan partnership will be based (Title I and II). It includes the essential elements clauses on human rights and non-proliferation. It also allows for cooperation in a broad range of areas, including development (Title III), trade and investment (Title IV) and justice and the rule of law (Title V, which contains extensive clauses on the fight against organized crime, money laundering and counter-narcotics and also covers cooperation on migration). Title VI includes chapters on a number of specific areas for sectoral cooperation

The Agreement is due to enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of their legal procedure necessary for that purpose. However, pursuant to its Article 59(2) and (3) and Article 3 of Council Decision (EU) 2017/434, the Agreement will apply provisionally in several areas such as human rights, political dialogue, development cooperation etc.

Under Article 49 of the Agreement, a Joint Committee is established, composed of representatives of the parties at the highest possible level, to ensure, inter alia, the proper functioning and implementation of the Agreement.

To assist the Joint Committee and facilitate expert-level discussions on key areas falling within the scope of the Agreement it is suggested that special working groups are created on:

–Good governance, human rights and migration; and

–Economic and social development.


The aim of this proposal is to establish the EU's position in the Joint Committee on:

–adopting the Joint Committee's rules of procedure; and

–setting up the special working groups.


The EU position will be based on the attached draft Joint Committee's decisions.