EUROPEAN COMMISSION

Brussels, 9.11.2017

COM(2017) 588 final

2017/0295(NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken on behalf of the European Union
within the Joint Committee set up under the Agreement
between the European Union and the Republic of Azerbaijan
on the facilitation of the issuance of visas,
with regard to the adoption of its rules of procedure

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Agreement between the European Union and the Republic of Azerbaijan to facilitate the issuing of short-stay visas to citizens of the Republic of Azerbaijan and of the European Union entered into force on 1 September 2014 1 . The Agreement established, on the basis of reciprocity, legally binding rights and obligations applicable to both parties, to simplify procedures for issuing visas to both Azerbaijani and EU citizens. Article 12 of the Agreement sets up a Joint Committee whose tasks include monitoring the implementation of the Agreement. Article 12(4) of the Agreement stipulates that the Joint Committee is to define its own rules of procedure.

The rules of procedure are to be adopted through a Decision of the Joint Committee and will not be part of the Agreement.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The Council empowers the EU representative on the Joint Committee, i.e. the Commission, to adopt the rules of procedure on the basis of this proposal. The purpose of the rules is to organise the work of the Joint Committee and help prepare for and manage its meetings.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

4.BUDGETARY IMPLICATIONS

This proposal has no impact on the EU budget.    

2017/0295 (NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken on behalf of the European Union
within the Joint Committee set up under the Agreement
between the European Union and the Republic of Azerbaijan
on the facilitation of the issuance of visas,
with regard to the adoption of its rules of procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2) in conjunction with Article 218(9) thereof,

Having regard to Council Decision 2014/242/EU of 14 April 2014 concerning the conclusion of the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas 2 ,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas 3 (hereinafter referred to as ‘the Agreement’) entered into force on 1 September 2014.

(2)Article 12 of the Agreement sets up a Joint Committee to manage the Agreement. Paragraph 4 of this Article provides that the Joint Committee shall establish its own rules of procedure.

(3)The rules of procedure are necessary to organise the work of the Joint Committee tasked with managing the Agreement and monitoring its implementation.

(4)It is therefore appropriate to establish the position to be adopted on behalf of the European Union within the Joint Committee as regards adopting the Joint Committee's rules of procedure for managing the Agreement.

(5)This Decision constitutes a development of Schengen acquis provisions in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis. The United Kingdom is therefore not playing any part in adopting this Decision and is not bound by it or subject to its application.

(6)This Decision constitutes a development of Schengen acquis provisions in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis5. Ireland is therefore not playing any part in adopting this Decision and is not bound by it or subject to its application.

(7)In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not playing any part in adopting this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the European Union within the Joint Committee set up by Article 12 of the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas, with regard to adopting the rules of procedure of the Joint Committee, shall be based on the draft Decision by the Joint Committee, which is attached to this Decision.

Article 2

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

Done at Brussels,

(1) OJ L 128, 30.4.2014, p. 49-60.

(2) OJ L 128, 30.4.2014, p. 47-48.

(3) OJ L 128, 30.4.2014, p. 49-60.

EUROPEAN COMMISSION

Brussels, 9.11.2017

COM(2017) 588 final

ANNEX

to the

Proposal of a Council Decision

establishing the position to be taken on behalf of the European Union
within the Joint Committee set up under the Agreement
between the European Union and the Republic of Azerbaijan
on the facilitation of the issuance of visas,
with regard to the adoption of its rules of procedure

DRAFT

DECISION N° ____ OF THE JOINT VISA FACILTIATION COMMITTEE
SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF AZERBAIJAN ON THE FACILITATION OF THE ISSUANCE OF VISAS

of ……

with regard to the adoption of its Rules of Procedure

THE COMMITTEE,

Having regard to the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas (hereinafter referred to as “the Agreement”), and in particular Article 12(4) thereof,

Whereas that Agreement entered into force on 1 September 2014,

HAS DECIDED TO ADOPT THE FOLLOWING RULES OF PROCEDURE:

Article 1

Chairmanship

The Joint Visa Facilitation Committee shall be chaired jointly by a representative of the European Union and a representative of the Republic of Azerbaijan.

Article 2

Tasks of the Joint Committee

(1)In accordance with Article 12(2) of the Agreement, the Joint Visa Facilitation Committee shall, in particular, have the following tasks:

(a)monitoring the implementation of the Agreement;

(b)suggesting amendments or additions to the Agreement;

(c)settling disputes arising out of the interpretation or application of the provisions in this Agreement.

(2)The Joint Visa Facilitation Committee may agree on recommendations containing guidelines or “best practices” to assist in the implementation of the Agreement.

Article 3

Meetings

(1)The Joint Visa Facilitation Committee shall meet whenever necessary, at the request of the Parties, and at least once per year.

(2)The Parties shall take turns in hosting the meeting unless otherwise agreed.

(3)Meetings of the Joint Visa Facilitation Committee shall be convened by the Co-chairs.

(4)The Co-chairs shall establish a date for the meeting and exchange such documents as necessary in time to ensure adequate preparation, thirty days prior to the meeting.

(5)The Party hosting a meeting shall arrange logistical matters.

Article 4

Delegations

The Parties shall notify each other at least seven days before a meeting of the intended composition of their delegation.

Article 5

Agenda for the meetings

(1)A provisional agenda for each meeting shall be drawn up by the Co-chairs no later than fourteen days before the meeting. The provisional agenda shall include the items in respect of which a request for inclusion in the agenda has been received by either of the Co-chairs no later than fourteen days before the meeting.

(2)Either Party may add items to the provisional agenda at any time prior to the meeting if the other Party agrees. Requests to add items to the provisional agenda shall be sent in writing and shall be accommodated to the extent possible.

(3)The final agenda shall be adopted by the Co-chairs at the beginning of each meeting. An item not appearing on the provisional agenda may be placed on the agenda if the Parties agree and shall be addressed to the extent possible.

Article 6

Records of the meeting

(1)A draft of the record shall be prepared as soon as possible by the Co-chair hosting the meeting.

(2)The record shall, as a general rule, indicate in respect of each item on the agenda the following:

(a)the documentation submitted to the Joint Visa Facilitation Committee;

(b)statements which a Party has requested to be entered; and

(c)decisions taken, recommendations made and conclusions adopted on a specific item.

(3)The record shall indicate the individuals of the respective delegations participating, with the ministry, agency or institution each individual represents indicated.

(4)The record shall be approved by the Joint Visa Facilitation Committee at its following meeting.

Article 7

Decisions and recommendations of the Joint Visa Facilitation Committee

(1)The Joint Visa Facilitation Committee shall take decisions by agreement of both Parties.

(2)Decisions of the Joint Visa Facilitation Committee shall be entitled “Decisions” followed by a serial number, and by a description of their subject. The date the decision takes effect shall also be indicated. Decisions shall be signed by representatives of the Joint Visa Facilitation Committee who are authorised to act on behalf of the Parties. Decisions shall be drawn up in duplicate, each version being equally authentic.

(3)Paragraphs 1 and 2 shall apply mutatis mutandis to recommendations of the Joint Visa Facilitation Committee.

Article 8

Expenses

(1)Each Party shall be responsible for the expenses they incur by reason of their participation in the meetings of the Joint Visa Facilitation Committee, including staff, travel and subsistence expenditure and postal or telecommunications expenditure.

(2)Other expenses arising from the organisation of the meetings shall generally be covered by the Party hosting the meeting.

Article 9

Administrative procedures

(1)Unless otherwise decided, the meetings of the Joint Visa Facilitation Committee shall not be open to the public.

(2)Records and other documents of the Joint Visa Facilitation Committee shall be treated confidentially.

(3)Participants other than officials of the Parties and the Member States may be invited by agreement of both co-Chairs and shall be subject to the same confidentiality requirements.

(4)The Parties may organise public briefings or otherwise inform interested members of the public of the results of the Joint Committee meetings.

Article 10

Entry into force

This decision shall enter into force on the date of its adoption by the Joint Visa Facilitation Committee.

For the European Union    For the Republic of Azerbaijan

JOINT DECLARATION ANNEXED TO THE RULES OF PROCEDURE OF THE JOINT COMMITTEE FOR THE MANAGEMENT OF THE EU-AZERBAIJAN VISA FACILITATION AGREEMENT

In order to ensure the continued, harmonized and correct implementation of the Agreement, The Republic of Azerbaijan, the European Commission and the Member States shall undertake informal contacts between formal meetings of the Joint Committee, in order to deal with urgent issues. At the next meeting of the Joint Committee, report will be made about these issues and informal contacts.