Considerations on COM(2021)132 - EU position in the Association Committee with Georgia as regards the implementation of the legislation related to public procurement

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dossier COM(2021)132 - EU position in the Association Committee with Georgia as regards the implementation of the legislation related to public ...
document COM(2021)132 EN
date May 10, 2021
 
table>(1)The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (the ‘Agreement’) was concluded by the Union by Council Decision (EU) 2016/838 (2) and entered into force on 1 July 2016.
(2)Article 145(1) of the Agreement stipulates that Georgia is to submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of public procurement legislation in Georgia with time schedules and milestones, which is to include all reforms in terms of legislative approximation to the Union acquis.

(3)Pursuant to Article 145(2) of the Agreement, a favourable opinion by the Association Committee in Trade configuration is required in order for the comprehensive roadmap to become the reference document for the implementation of the legislative approximation of Georgia’s public procurement legislation to the Union public procurement acquis.

(4)In accordance with Article 146(2) of the Agreement, the approximation to the Union acquis is to be carried out in consecutive phases as set out in the schedule in Annex XVI-B to the Agreement. The implementation of each phase is to be evaluated by the Association Committee in Trade configuration, as set out in Article 408(4) of the Agreement, and, following a positive assessment by that Committee, is to be linked to the reciprocal granting of market access as set out in Annex XVI-B to the Agreement.

(5)The Association Committee in Trade configuration is to adopt a decision in accordance with Article 11(2) of its rules of procedure, set out in Annex II to Decision No 1/2014 of the EU-Georgia Association Council (3), giving an opinion regarding the comprehensive roadmap approved by the Government of Georgia as well as an assessment of the approximation of Georgian legislation to the Union acquis so far in the completion of Phase 1 as set out in Annex XVI-B to the Agreement. That roadmap was approved by the Government of Georgia in Decree no 536 of 31 March 2016 of the Government of Georgia ‘Concerning the planned changes in the Public Procurement field envisaged in compliance with the obligations between Georgia and the EU within the scope of the Deep and Comprehensive Free Trade Area (DCFTA) Agreement’ as amended by Decrees no 154 of 22 January 2018 and no 974 of 12 June 2020 of the Government of Georgia.

(6)After the acknowledgement of the completion of Phase 1 as set out in Annex XVI-B to the Agreement, the Association Council is to take a decision, in accordance with Article 11(2) of its rules of procedure, set out in Annex I to Decision No 1/2014 of the EU-Georgia Association Council, on granting reciprocal market access, in accordance with Annex XVI-B to the Agreement, for supplies for central government authorities.

(7)It is appropriate to establish the position to be taken on the Union’s behalf in the Association Committee in Trade configuration and in the Association Council, as the envisaged decisions will be binding on the Union,