Council Decision (EU) 2018/1303 of 18 September 2018 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by 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, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement
EU Decision 2018/1303 · Adopted 18 September 2018 · Extends to United Kingdom
Council Decision (EU) 2018/1303
of 18 September 2018
on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by 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, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
(2)
Pursuant to Article 406(3) of the Agreement, the Association Council has the power to update or amend the Annexes to the Agreement.
(3)
Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.
(4)
Pursuant to Article 1 of the Decision No 3/2014 of the Association Councilf3, the Association Council delegated the power to update or amend the Annexes to the Agreement which relate inter alia to Chapter 3 (Technical barriers to trade, standardisation, metrology, accreditation and conformity assessment) and Chapter 8 (Public Procurement) of Title IV (Trade and Trade-related Matters) of the Agreement to the Association Committee in Trade configuration, to the extent that there are no specific provisions in Chapter 3 and Chapter 8 relating to the update or the amendment of those Annexes.
(5)
Pursuant to Article 47(1) of the Agreement, Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.
(6)
Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusion of negotiations of the Agreement. It is necessary to update those Annexes by adding a number of acts that implement, amend, supplement or replace the measures listed therein.
(7)
It is therefore appropriate to establish the position to be taken on behalf of the Union in the Association Committee in Trade configuration with regard to the envisaged adoption of decisions regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement.
(8)
It is appropriate to publish in the Official Journal of the European Union, after their adoption, the decisions of the Association Committee in Trade configuration updating Annex III and Annex XVI to the Agreement.
(9)
In the Association Committee in Trade configuration, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union,
HAS ADOPTED THIS DECISION:
Annotations to the whole text
Footnotes
- f1
- f2
-
Council Decision (EU) 2016/838 of 23 May 2016 on the conclusion, on behalf of the European Union, of 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 (OJ L 141, 28.5.2016, p. 26).
- f3
-
Decision No 3/2014 of the EU-Georgia Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263] (OJ L 321, 5.12.2015, p. 72.).
Contents
- 1Article 1
- 2Article 2
- 3Article 3
- Signature
- 1Article 1
- 2Article 2
- Schedule ANNEXSchedule ANNEX
- 1Article 1
- 2Article 2
1
The position to be taken on the Union's behalf within the Association Committee in Trade configuration shall be based on the following draft Decisions of the Association Committee in Trade configuration attached to this Decision:
- (a)
Decision No 1/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology;
- (b)
Decision No 2/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex XVI to the Agreement (public procurement).
2
After their adoption, the Decisions of the Association Committee in Trade configuration referred to in Article 1 shall be published in the Official Journal of the European Union.
3
This Decision is addressed to the Commission.
Signature
Done at Brussels, 18 September 2018.
For the Council
The President
G. Blümel
DRAFT
DECISION No 1/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
of … 2018
updating Annex III-A to the Association Agreement
THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
Having regard to 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, and in particular Article 47 thereof,
Whereas:
(1)
In accordance with Article 431 of 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 (‘the Agreement’), the Agreement entered into force on 1 July 2016.
(2)
Article 47 of the Agreement provides that Georgia is to gradually achieve approximation with the relevant Union acquis in accordance with the provisions of Annex III-A and Annex III-B to the Agreement and that Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.
(3)
Several Union acts listed in Annex III-A to the Agreement have been recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia.
(4)
It is necessary to update Annex III-A to the Agreement in order to reflect the evolution of the Union acquis listed in that Annex.
(5)
In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety and replaced.
(6)
It is appropriate to provide for a period for Georgia to implement the new Union acts in its domestic legislation. Accordingly, new deadlines for approximation of Georgia to the Union acts listed in Annex III-A should be indicated therein,
HAS ADOPTED THIS DECISION:
Done at …,
For the Association Committee in Trade configuration
The Chair
1
Annex III-A to 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, is replaced by the text appearing in the Annex to this Decision.
2
This Decision shall enter into force on the date of its adoption.
Schedule ANNEX
‘ANNEX III-A
LIST OF SECTORAL LEGISLATION FOR APPROXIMATION
The following list reflects Georgia's priorities with regard to the approximation of the Union's New Approach and Global Approach Directives as included in the Government of Georgia's Strategy in Standardisation, Accreditation, Conformity Assessment, Technical Regulation and Metrology and Programme on Legislative Reform and Adoption of Technical Regulations, of March 2010.
1. Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/ECf1
Timetable: within five years of the entry into force of this Agreement
2. Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast)f2
Timetable: within five years of the entry into force of this Agreement
3. Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast)f3
Timetable: within five years of the entry into force of this Agreement
4. Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuelsf4
Timetable: during 2013
5. Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast)f5
Timetable: within five years of the entry into force of this Agreement
6. Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/ECf6
Timetable: within five years of the entry into force of this Agreement
7. Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil usesf7
Timetable: within five years of the entry into force of this Agreement
8. Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast)f8
Timetable: within five years of the entry into force of this Agreement
9. Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/ECf9
Timetable: within five years of the entry into force of this Agreement
10. Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast)f10
Timetable: within eight years of the entry into force of this Agreement
11. Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast)f11
Timetable: within eight years of the entry into force of this Agreement
12. Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EECf12
Timetable: within eight years of the entry into force of this Agreement
13. Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EUf13
Timetable: within eight years of the entry into force of this Agreement
14. Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/ECf14
Timetable: within five years of the entry into force of this Agreement
15. Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EECf15
Timetable: within five years of the entry into force of this Agreement
16. Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast)f16
Timetable: within five years of the entry into force of this Agreement
17. Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toysf17
Timetable: within five years of the entry into force of this Agreement
18. Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EECf18
Timetable: within eight years of the entry into force of this Agreement
19. Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast)f19
Timetable: within eight years of the entry into force of this Agreement
20. Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast)f20
Timetable: within eight years of the entry into force of this Agreement
’.
DRAFT
DECISION No 2/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
of … 2018
updating Annex XVI to the Association Agreement
THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
Having regard to 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, and in particular Article 142, Article 146 and Article 408 thereof,
Having regard to Decision No 3/2014 of the Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configurationf1,
Whereas:
(1)
In accordance with Article 431 of 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 (‘the Agreement’), the Agreement entered into force on 1 July 2016.
(2)
Article 142 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XVI-A are to be revised regularly, beginning in the year of entry into force of the Agreement, and that such revision is to be adopted by a decision of the Association Committee in Trade configuration.
(3)
Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council, by its Decision No 3/2014, delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration.
(4)
Article 146 of the Agreement provides that Georgia is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided for in Annex XVI-B to the Agreement.
(5)
Several Union acts listed in Annex XVI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia:
- (a)
Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contractsf2;
- (b)
Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/ECf3;
- (c)
Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/ECf4.
(6)
It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 142 and 146 of the Agreement.
(7)
In the interest of clarity, Annex XVI should be updated in its entirety and replaced,
HAS ADOPTED THIS DECISION:
Done at …,
For the Association Committee in Trade configuration
The Chair
1
Annex XVI to 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, is replaced by the text appearing in the Annex to this Decision.
2
This Decision shall enter into force on the date of its adoption.