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Document 52022PC0403
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, in connection with the envisaged adoption of a decision concerning the establishment of a Development Cooperation Working Group
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, in connection with the envisaged adoption of a decision concerning the establishment of a Development Cooperation Working Group
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, in connection with the envisaged adoption of a decision concerning the establishment of a Development Cooperation Working Group
COM/2022/403 final
EUROPEAN COMMISSION
Brussels, 22.8.2022
COM(2022) 403 final
2022/0239(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, in connection with the envisaged adoption of a decision concerning the establishment of a Development Cooperation Working Group
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union’s behalf in the Joint Committee established by the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part 1 , in connection with the envisaged adoption of a decision concerning the establishment of a Development Cooperation Working Group.
2.Context of the proposal
2.1.The Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part
The Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part (‘the Agreement’) aims to strengthen the bilateral relationship of the Parties, who undertake to hold a comprehensive dialogue and to promote further cooperation between them on all sectors of mutual interest. The Agreement entered into force on 1 November 2017.
2.2.The Joint Committee
Article 56(1) of the Agreement establishes the Joint Committee comprising representatives of both Parties. Article 56(1) provides that its tasks are to:
(a)ensure the proper functioning and implementation of the Agreement;
(b)set priorities in relation to the aims of the Agreement;
(c)make recommendations for promoting the objectives of the Agreement.
Pursuant to Article 56(2) of the Agreement, the Joint Committee has the power to take decisions in the cases provided for in the Agreement. Decisions are to be drawn up by agreement between the Parties, following the completion of the respective internal procedures required to establish a position thereon by both Parties. The decisions are to be binding on the Parties, which are to take the measures necessary to implement them.
Under Article 56(4), the Joint Committee may set up specialised working groups in order to assist it in the performance of its tasks. These working groups are to make detailed reports on their activities to the Joint Committee at each of its meetings.
Pursuant to Article 1(3) of the Rules of Procedure of the Joint Committee 2 , the Joint Committee is to be chaired alternately by the Minister of Foreign Affairs of Mongolia and the High Representative of the Union for Foreign Affairs and Security Policy, for a period of one calendar year. The Chairs may delegate their authority to preside over all or part of the meetings of the Joint Committee to a senior official.
2.3.The envisaged act of the Joint Committee
During its fourth session, or, if appropriate, by written procedure beforehand in accordance with Article 8(3) of its Rules of Procedure, it is proposed that the Joint Committee adopts a decision regarding the establishment of a Development Cooperation Working Group, including the adoption of the terms of reference of that Working Group (‘the envisaged act’), in accordance with Article 56(4) of the Agreement and Article 10(1)(2) of the Rules of Procedure.
The purpose of the envisaged act is to set up a specialised working group on development cooperation in order to assist the Joint Committee in the performance of its tasks. This working group is to make detailed reports on its activities to the Joint Committee at each of its meetings.
The envisaged act will become binding on the Parties in accordance with Article 56(2) of the Agreement, which provides: ‘The Joint Committee, and the Subcommittee established in Article 28, shall, for the purposes of attaining the objectives of this Agreement, have the power to take decisions in the cases provided for therein. Decisions shall be drawn up by agreement between the Parties, following the completion of the respective internal procedures required to establish a position thereon by both Parties. The decisions shall be binding on the Parties, which shall take the measures necessary to implement them.’
3.Position to be taken on the Union’s behalf
This proposal for a Council Decision establishes the position to be taken on the Union’s behalf in the Joint Committee set up by the Agreement on the proposition to establish a Development Cooperation Working Group and to adopt its terms of reference. Following the meeting of the Joint Committee on 3 December 2020, the EU and Mongolia, in the agreed minutes, expressed their intention to work towards the establishment of such a working group, once the respective internal procedures to that effect had been completed.
This proposition is in line with the Agreement’s principles, according to which all aspects of sustainable development should be promoted. Furthermore, its Article 2 provides that Parties undertake to hold a comprehensive dialogue and promote further cooperation between them on all sectors of mutual interest. This is also in line with the Treaty’s declared goal of fostering the sustainable economic, social and environmental development of developing countries.
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but which are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 3 .
4.1.2.Application to the present case
The Joint Committee is a body set up by an agreement, namely the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part.
The act that the Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act has legal effects as it will be binding under international law in accordance with Article 56(2) of the Agreement and it will permit the creation of a Development Cooperation Working Group in accordance with Article 56(4) of the Agreement. The envisaged act does not supplement or amend the institutional framework of the Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union’s behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to development cooperation. Therefore, the substantive legal basis of the proposed decision is Article 209 TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be Article 209 TFEU, in conjunction with Article 218(9) TFEU.
2022/0239 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, in connection with the envisaged adoption of a decision concerning the establishment of a Development Cooperation Working Group
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part (‘the Agreement’), was concluded by the Union by Council Decision (EU) 2017/2270 4 and entered into force on 1 November 2017.
(2)Pursuant to Article 56(4) of the Agreement, the Joint Committee may set up specialised working groups in order to assist it in the performance of its tasks. These working groups are to make detailed reports on their activities to the Joint Committee at each of its meetings.
(3)The EU and Mongolia have both expressed interest in setting up a Development Cooperation Working Group that would serve to formalise and deepen cooperation between the Parties and which would also provide input for the Joint Committee.
(4)The Joint Committee, during its fourth session, or, if appropriate, by written procedure beforehand in accordance with Article 8(3) of its Rules of Procedure, is to adopt a decision on the creation of the Development Cooperation Working Group and the adoption of its terms of reference.
(5)It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee, as the decision will be binding on the Union.
HAS ADOPTED THIS DECISION:
Article 1
1. The position to be taken on the Union’s behalf in the fourth session of the Joint Committee, or, if appropriate, by written procedure beforehand, shall be based on the draft act of the Joint Committee as set out in the Annex attached to this Decision.
2. Minor changes to the draft act of the Joint Committee may be agreed to by the representatives of the Union in the Joint Committee without a further decision of the Council.
Article 2
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 22.8.2022
COM(2022) 403 final
ANNEX
to the
Proposal for a COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, in connection with the envisaged adoption of a decision concerning the establishment of a Development Cooperation Working Group
ANNEX
Decision of the EU-Mongolia Joint Committee establishing the specialised working group on Development Cooperation and adopting its Terms of Reference
THE EU-MONGOLIA JOINT COMMITTEE,
Having regard to the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, (‘the Agreement’), and in particular Article 56(4) thereof, and to Article 10(1)(2) of the Rules of Procedure of the EU-Mongolia Joint Committee,
Whereas:
(1)In order to assist the EU-Mongolia Joint Committee in the performance of its tasks and in that regard allow for expert level discussions on the key areas falling within the scope of the Agreement, a specialised working group on Development Cooperation should be established.
(2)According to Article 8(3) of its Rules of Procedure, the Joint Committee may decide to adopt decisions by means of a written procedure, if the circumstances so require,
(3)This Decision should be adopted in order for the specialised working group to become operational in a timely manner.
HAS ADOPTED THIS DECISION:
Sole Article
The specialised working group on Development Cooperation is hereby established. The Terms of Reference of the specialised working group as set out in the Annex are adopted.
Done at ,
For the EU-Mongolia Joint Committee
The Chair
ANNEX
Terms of Reference of the specialised working group on Development Cooperation established under the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part
Article 1
Composition, chair and objective
(1)The specialised working group on development cooperation shall be composed of representatives of the Union and Mongolia at an appropriate level and shall be co-chaired by a representative of the European Commission service in charge and by a representative of Mongolian service in charge.
(2)The objective of this specialised working group is to review and discuss the EU-Mongolia development cooperation portfolio, in particular relevant developments in projects and programmes as well as sectoral issues and policies linked to priority areas of the Multi-Annual Indicative Programme for Mongolia.
Article 2
Meetings
(1)The specialised working group shall meet annually, preferably before the meeting of the Joint Committee. Meetings shall be held, unless mutually agreed otherwise, in Mongolia, on a date fixed by mutual agreement. Additional meetings of the development cooperation working groups may be held at the request of either Party, if the Parties so agree.
(2)If the Parties agree, the meetings may be held by means of video-conference.
Article 3
Delegations
(1)Both Parties shall inform each other of the intended composition of its delegation before each meeting.
(2)Co-chairs, in agreement with the Parties, may invite experts or representatives of other bodies to the meeting to act as observers or to provide information on a particular subject. The Parties shall agree on the terms and conditions under which those observers and representatives of other bodies may attend the meetings.
Article 4
Information to the public
(1)The meetings of the development cooperation working group shall not be public, unless otherwise agreed with both co-chairs. When a Party submits information designated as confidential to the development cooperation working group, the other Party shall treat that information as such.
(2)The development cooperation working group may issue statements and reports to the public as it deems appropriate.
Article 5
Secretariat
A representative of the European Commission service in charge and a representative of the Mongolian service in charge shall act jointly as Secretaries of the development cooperation working group.
Article 6
Agendas for meetings
(1)The draft agenda shall be jointly discussed and agreed by the two sides at least three weeks before the date of each meeting.
(2)The final version of the agenda shall be approved by the co-chairs at the start of the meeting.
Article 7
Minutes
(1)The conclusions of the meetings shall be agreed by the co-chairs. In case where no conclusions can be reached, the difference shall be reported to the Joint Committee.
(2)The co-chairs (or their representatives) shall present the main conclusions to the Joint Committee.
(3)The Secretaries shall jointly draw up draft minutes, preferably at the end of the meeting and at the latest 30 calendar days after the date of the meeting.
(4)After agreeing by both parties, the minutes shall be approved by written procedure.
Article 8
Decisions
(1)In accordance with Article 10(3) of the Rules of Procedure of the Joint Committee, the development cooperation working group shall have decision-making powers as a specialised working group. It shall report to the Joint Committee on its activities after each meeting, and may make recommendations to the Joint Committee.
(2)Decisions of the development cooperation working group shall be entitled ‘Decision of the…’ followed by a serial number, the date of their adoption and a description of the subject matter. Each decision shall state the date on which it enters into force.
(3)Where circumstances so require, the specialised working group may adopt its decisions by written procedure.
(4)Decisions of the specialised working group shall be established in two authentic copies, each signed by both co-chairs.
(5)The Parties may publish the decisions of the specialised working group in their respective official journals.
Article 9
Expenses
(1)Each Party shall bear the expenses it incurs in relation to its participation in the meetings of the specialised working group, with regard both to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Each Party shall bear the expenses it incurs in connection with interpretation at meetings and translation.
(2)The Party hosting the meeting shall bear the expenses in connection with the organisation of meetings and reproduction of documents.
Article 10
Amendment of the Terms of Reference
These Terms of Reference may be amended by common agreement of the Parties. In accordance with Article 10(2) of the Rules of Procedure of the Joint Committee, the Joint Committee may also amend the terms of reference of the specialised working group.