Date: 2016-05-28Category: Not ApplicableState: Union GovernmentCountry: Europe
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
**Executive Summary:**
This Council Decision (EU) 2016/838 approves 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, on behalf of the Union. The agreement, signed on 27 June 2014, aims to strengthen relations between the EU and Georgia. The decision also sets out procedures for the protection of geographical indications and clarifies that the agreement does not create directly invocable rights or obligations in Union or Member State courts. This decision entered into force on 23 May 2016.
**Key Points / Main Content:**
* **Approval of the Association Agreement:**
* The Association Agreement between the EU and Georgia is approved on behalf of the Union.
* **Notification of Entry into Force:**
* The President of the Council is responsible for notifying the entry into force of the Agreement, as per Article 431(1) of the Agreement.
* **Geographical Indications:**
* The Commission is authorized to approve modifications to the Agreement made by the Geographical Indications Sub-Committee.
* In case of disagreement among interested parties regarding geographical indications, the Commission will adopt a position based on the procedure in Article 57(2) of Regulation (EU) No 1151/2012.
* Any operator marketing products conforming to the specification can use names protected under the Agreement's Geographical Indications subsection.
* Member States and EU institutions must enforce the protection of geographical indications as outlined in the Agreement, including upon request from interested parties.
* **Legal Interpretation:**
* The Agreement does not create rights or obligations that can be directly invoked in Union or Member State courts and tribunals.
* **Entry into Force:**
* The Decision came into force on the day of its adoption (23 May 2016).
**Impact Analysis**
**European Union:**
* *Impact:* The EU is bound by the terms of the Association Agreement, strengthening its relationship with Georgia.
* *Action Required:* The Council President must notify the entry into force of the agreement. The Commission must handle modifications related to geographical indications and address disagreements. The EU institutions have to enforce the geographical indication protections outlined in the agreement.
**European Atomic Energy Community:**
* *Impact:* The European Atomic Energy Community is also party to the agreement, aligning its interests with the EU in relation to Georgia.
* *Action Required:* No specific action outlined in the text.
**Member States:**
* *Impact:* Member States are bound by the terms of the Association Agreement and are required to enforce the protection of geographical indications.
* *Action Required:* Member States must enforce the protection of geographical indications as outlined in the Agreement, including upon request from interested parties.
**Georgia:**
* *Impact:* Georgia is now associated with the EU through this Agreement, which aims to foster political association and economic integration.
* *Action Required:* No specific action outlined in this decision.
**Operators marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification:**
* *Impact:* Can use names protected under the Agreement's Geographical Indications subsection.
* *Action Required:* Ensure that agricultural products, foodstuffs, wines, aromatised wines or spirits conform to the corresponding specification.
**Interested parties related to geographical indications:**
* *Impact:* Rights relating to geographical indication are impacted
* *Action Required:* Engage in the process relating to geographical indication, and potentially appeal to the Commission.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Atomic Energy Community: An international organisation established by the Treaty of Rome in 1958 with the purpose of creating a specialist market for nuclear power in Europe.
Georgia: A country located at the intersection of Eastern Europe and Western Asia.
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: A bilateral agreement between the EU and Georgia, covering political association, trade, and economic and cultural cooperation.
European Parliament: The parliamentary assembly of the European Union, holding legislative power.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining the EU's scope of powers.
Brussels: The capital of Belgium and a major center for European politics, where the Council Decision was adopted.
L 141/26 EN Official Journal of the European Union 28.5.2016
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction
with Article 218(6)(a) and the second subparagraph of Article 218(8) thereof, as well as Article 218(7) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) On 10 May 2010 the Council authorised the Commission to open negotiations with Georgia for the conclusion
of a new Agreement between the Union and Georgia to replace the Partnership and Cooperation Agreement (2).
(2) Those negotiations were successfully finalised, and 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’) was initialled on 29 November 2013.
(3) In accordance with Council Decision 2014/494/EU (3), the Agreement was signed on 27 June 2014, subject to its
conclusion at a later date.
(4) Pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is appropriate for the
Council to authorise the Commission to approve modifications to the Agreement to be adopted by the
Association Committee in Trade configuration, as set out in Article 408(4) of the Agreement, as proposed by the
Geographical Indications Sub-Committee pursuant to Article 179 of the Agreement.
(5) It is appropriate to set out the relevant procedures for the protection of geographical indications which are given
protection pursuant to the Agreement.
(6) The Agreement should not be construed as conferring rights or imposing obligations which can be directly
invoked before Union or Member State courts and tribunals.
(7) The Agreement should be approved,
HAS ADOPTED THIS DECISION:
Article 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 (‘the Agreement’), is hereby approved on behalf of the
Union (4).
(1) Consent given on the 18 December 2014 (not yet published in the Official Journal).
(2) Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of
the other part (OJ L 205, 4.8.1999, p. 3).
(3) Council Decision 2014/494/EU of 16 June 2014 on the signing, on behalf of the European Union, and provisional application 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 261, 30.8.2014, p. 1).
(4) The Agreement has been published in the Official Journal of the European Union (OJ L 261, 30.8.2014, p. 4) together with the decision on
its signature.28.5.2016 EN Official Journal of the European Union L 141/27
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 431(1) of the
Agreement (1).
Article 3
For the purposes of Article 179 of the Agreement, modifications to the Agreement through decisions of the
Geographical Indications Sub-Committee shall be approved by the Commission on behalf of the Union. Where
interested parties cannot reach agreement following objections relating to a geographical indication, the Commission
shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the
European Parliament and of the Council (2).
Article 4
1. A name protected under Sub-Section 3 ‘Geographical Indications’ of Chapter 9 of Title IV of the Agreement may
be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to
the corresponding specification.
2. In accordance with Article 175 of the Agreement, the Member States and the institutions of the Union shall
enforce the protection provided for in Articles 170 to 174 of the Agreement, including at the request of an interested
party.
Article 5
The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before
Union or Member State courts and tribunals.
Article 6
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 23 May 2016.
For the Council
The President
F. MOGHERINI
(1) The date of the entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat
of the Council.
(2) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for
agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).