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Partnership and Cooperation Agreements : Russia, Eastern Europe, the Southern Caucasus and Central Asia

Partnership and Cooperation Agreements : Russia, Eastern Europe, the Southern Caucasus and Central Asia

Outline of the Community (European Union) legislation about Partnership and Cooperation Agreements : Russia, Eastern Europe, the Southern Caucasus and Central Asia

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Eastern europe and central asia

Partnership and Cooperation Agreements (PCAs): Russia, Eastern Europe, the Southern Caucasus and Central Asia

Acts

Council and Commission Decisions 99/602/EC, 99/614/EC, 99/515/EC, 99/490/EC, 99/491/EC, 98/401/EC, 97/800/EC, 98/149/EC, 99/593/EC, 2009/989/EC on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, the Republic of Azerbaijan, Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, Ukraine, and the Republic of Uzbekistan, Tajikistan of the other part, respectively.

Summary

Since the end of the 1990s, the European Union (EU) concluded ten similar partnership and cooperation agreements (PCAs) with: Russia and the New Independent States of Eastern Europe, the Southern Caucasus and Central Asia: Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Ukraine, Uzbekistan and Tajikistan.

The aims of these partnerships are to:

  • provide a suitable framework for political dialogue;
  • to support the efforts made by the countries to strengthen their democracies and develop their economies;
  • accompany their transition to a market economy;
  • encourage trade and investment.

The partnerships also aim to provide a basis for cooperation in the legislative, economic, social, financial, scientific, civil, technological and cultural fields. The PCA with Russia also provides for the creation of the necessary conditions for the future establishment of a free trade area.

Joint PCA objectives

The general principles concern respect for democracy, the principles of international law and human rights. The market economy is also an objective set out in all the PCAs.

The PCAs establish a bilateral political dialogue between the European Union (EU). They aim to encourage the convergence of their positions on international issues of mutual concern, to cooperate for stability, security and respect for democracy and human rights. The dialogue will take place at ministerial level within the Cooperation Council, at parliamentary level within the Parliamentary Committee and at senior civil servant level. Diplomatic channels and meetings of experts will also be part of the political dialogue process.

With regard to trade in goods, the EU and the ten countries referred to will accord to one another Most Favoured Nation (MFN) treatment. They will also set up free transit of goods via or through their territory. For goods admitted temporarily, each party grants the other party exemption from import duties and taxes. Quantitative restrictions on imports may no longer apply between the parties and goods must be traded at their market price. In the event of injury or threat of injury caused by imports, the Cooperation Council must seek a solution acceptable to both parties. In the case of a party from the African, Caribbean and Pacific States, certain textile products and nuclear material are not affected by these provisions. However, they do apply to coal and steel.

The conditions concerning employment, the setting-up of a business and the activities/operation of companies, the cross-border supply of services, current payments and capital are to be found in the provisions on trade and investment. As regards employment, the parties undertake to prevent discrimination against nationals from one of the parties who are lawfully employed in another. The PCA with Russia sets out initiatives to coordinate social security.

With regard to companies, the agreements provide that:

  • the setting up of companies on EU territory must be carried out under conditions which are no less favourable than those in other third countries;
  • companies operating on EU territory must be able to enjoy treatment no less favourable than that accorded to EU companies;
  • branches must operate under the same conditions as branches of third countries;
  • European companies which locate in an NIS (New Independent State of the former Soviet Union) must do so under conditions of establishment and operation which are no less favourable than those of companies which receive the best treatment, be they domestic or third-country companies.

These conditions do not apply to air, inland waterway and maritime transport. For Russia, they also apply to certain banking and insurance services listed in Annex 6 to its PCA.

The parties undertake to take the necessary measures to progressively authorise the cross-border supply of services. For Russia, certain sectors listed in the annexes may be regulated domestically. With regard to international maritime transport, the parties must apply effectively the principle of unrestricted access to the market and trade on a commercial basis.

With regard to current payments and capital, the parties undertake to authorise all current payments which are connected to the movement of goods, services or persons. The free movement of capital must also be guaranteed for direct investment and the liquidation or repatriation of these investments and of any profit stemming therefrom.

All the PCAs except that with the Republic of Moldova also contain a chapter on the protection of intellectual, industrial and commercial property and on legislative cooperation.

As regards economic cooperation, most PCAs cover similar fields. They focus on social and economic development, the development of human resources, support to businesses (in particular privatisation, investment and development of financial services), agriculture and the food sector, energy, transport, tourism, environmental protection, regional cooperation and monetary policy. In essence, economic cooperation is aimed at contributing to the economic reform and rehabilitation process and to sustainable development in the NIS. The PCAs encourage social and economic reforms and the restructuring of economic and trading systems.

Specific PCA objectives

Other areas of cooperation listed in the PCAs are:

  • cooperation in the areas of democracy and human rights (only for Armenia, Azerbaijan, Georgia, Uzbekistan and Tajikistan);
  • cooperation on the prevention of illegal activities and the prevention and control of illegal immigration, with initiatives on money laundering, the fight against drugs and illegal immigration (except for Kazakhstan, Kyrgyzstan, Ukraine and Moldova);
  • cultural cooperation;
  • financial cooperation in the field of technical assistance.

Institutional provisions

The agreements establish a Cooperation Council responsible for supervising the implementation of the PCAs. It meets at ministerial level once a year. The Council is assisted by a Parliamentary Cooperation Committee.

The PCAs are concluded for an initial period of ten years but are automatically renewed on a yearly basis unless one of the parties objects.

17 Each PCA contains a series of annexes and a protocol on mutual assistance between authorities on customs matters, which form an integral part of the text.

Neighbourhood Policy

In 2003 the EU launched its European Neighbourhood Policy (ENP) to prevent the emergence of any new fault lines between itself and its neighbours after the 2004 enlargement. The ENP is designed to promote close relations between the EU and its partners with a view to establishing an area of stability, prosperity and security. Together with the partner countries in the Mediterranean, the countries of Eastern Europe and the Southern Caucasus, namely Armenia, Azerbaijan, Georgia, Moldova and Ukraine, are the core partner countries in the ENP. The PCAs set the framework within which the ENP is implemented in conjunction with each of the partner countries in Eastern Europe and the Southern Caucasus.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 99/602/EC of 31 May 1999, Republic of Armenia

1.7.1999

OJ L 239 of 9.9.1999

Decision 99/614/EC of 31 May 1999, Republic of Azerbaijan

1.7.1999

OJ L 246 of 17.9.1999

Decision 99/515/EC of 31 May 1999, Georgia

1.7.1999

OJ L 205 of 4.8.1999

Decision 99/490/EC of 12 May 1999, Republic of Kazakhstan

1.7.1999

OJ L 196 of 28.7.1999

Decision 99/491/EC of 12 May 1999, Kyrgyz Republic

1.7.1999

OJ L 196 of 28.7.1999

Decision 98/401/EC of 28 May 1998, Republic of Moldova

1.7.1998

OJ L 181 of 24.6.1998

Decision 97/800/EC of 30 October 1997, Russian Federation

1.12.1997

OJ L 327 of 28.11.1997

Decision 98/149/EC of 26 January 1998, Ukraine

1.3.1998

OJ L 049 of 19.2.1998

Decision 99/593/EC of 31 May 1999, Republic of Uzbekistan

1.7.1999

OJ L 229 of 31.8.1999

Decision 2009/989/EC of 29 January 2009, Tajikistan

1.1.2010

OJ L 350 of 29.12.2009

Related Acts

All the agreements concluded between the EU and the countries of Eastern Europe, the Southern Caucasus and Central Asia and Russia may be consulted in the European Commission’s treaty database.

Proposal for a Council Decision on the conclusion by the European Community of the interim agreement between the European Community, the European Coal and Steel Community and the European – Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters [COM(2009) 287 final – Not published in the Official Journal].

PREVIOUS DOCUMENTS

Communication from the Commission of 10 October 1995 – Towards a European Union strategy for relations with the Independent States of Central Asia [COM(1995) 206 final – Not published in the Official Journal]

Communication from the Commission to the Council and the European Parliament – Prospects for cooperation in science and technology with the New Independent States (NIS) [COM(1995) 190 final – Not published in the Official Journal]

Inter-regional programme: Strategy paper 2007-2013 and indicative programme 2007-2010

Inter-regional programme: Strategy paper 2007-2013 and indicative programme 2007-2010

Outline of the Community (European Union) legislation about Inter-regional programme: Strategy paper 2007-2013 and indicative programme 2007-2010

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Mediterranean partner countries

Inter-regional programme: Strategy paper 2007-2013 and indicative programme 2007-2010

Document or Iniciative

European neighbourhood and partnership instrument – Inter-regional programme – Strategy paper 2007-2013, indicative programme 2007-2010 .

Summary

The inter-regional programme (IRP) supports the achievement of the objectives of the European neighbourhood policy (ENP) and the strategic partnership with Russia. It focuses on dialogue and cooperation between the countries benefiting from the European Neighbourhood and Partnership Instrument (ENPI), and also between the latter and the European Union (EU).

Being part of the ENPI, the IRP provides financial support to activities whose inter-regional implementation has an added value in terms of visibility, coherence, efficiency and flexibility. It also promotes a more important role for governments, universities, towns and regions in order to ensure effective implementation and to boost the impact of initiatives and actions undertaken.

Programmes

The strategy paper 2007-2013 and the indicative programme 2007-2010 identify the priority action areas of the IRP. They distinguish five priority areas for the period 2007-2010.

The promotion of reforms through EU advice and experience aims at supporting the reform process in ENPI beneficiary countries. On the basis of experience acquired during the transition process of the ten new Member States, this priority is based mainly on the following:

  • the technical assistance and information exchange programme (TAIEX), which provides targeted advice and know-how, notably as regards convergence of legislation forming the Community acquis.
  • support for the improvement of public institutions and management systems (SIGMA) launched by the European Commission and the Organisation for Economic Cooperation and Development (OECD) in Europe. Its objective is to facilitate economic integration and political cooperation with the EU.

Promotion of higher education and student mobility, is an area that is essential for the development of partner countries, mutual understanding between peoples and interpersonal contact. The Tempus programme constitutes a framework for reform of higher education and the promotion of cooperation between establishments. A scholarship scheme will be established in order to promote student and teacher mobility. The latter will be based on experience gained from the Erasmus and Erasmus Mundus External Cooperation Window programmes. A more important role will be assigned to partner countries as regards programme management.

Promotion of cooperation between local actors in partner countries and the EU is a fundamental objective of the ENP based on the exchange of experience and know-how. However, given the lack of structures, a cooperation programme will be set up first of all between local and regional authorities in order to strengthen democratic governance and sustainable regional and local development.

Promotion of the implementation of ENP and the Strategic Partnership with Russia concerns primarily their thematic policy areas, such as energy, environment and infrastructures. This programme supports information and dialogue activities in particular at inter-regional level in order to strengthen mutual understanding amongst opinion formers and citizens in partner countries.

The objective of promoting investment projects in ENP partner countries is to mobilise additional investments in order to support an area of prosperity and good neighbourliness involving the EU and its neighbours. These additional funds will make it possible to improve the infrastructures connecting the EU with neighbouring countries in the areas of transport and energy, to meet the common environmental challenges and to support socio-economic development in partner countries.

Arrangements

Funding for IRP for the period 2007-2010 amounts to 523.9 million, of which 40 million has been allocated to the first priority action area, 218.6 million to the second, 14.3 million to the third and 250 million to the fifth. The envelope for the fourth objective depends on the progress of the ENP and the partnership with Russia.

The indicative programme 2007-2010 gives an idea of the expected results for each priority, such as:

  • the improvement in the legal and regulatory frameworks and their implementation;
  • reform and modernisation of higher education in partner countries and better mutual understanding;
  • a transparent selection process and greater visibility for mobility and scholarship schemes;
  • strengthening of governance by local and regional authorities in partner countries and strengthening of links between them;
  • effective action and information and dialogue activities at inter-regional level in order to create awareness of ENP action.

In order to measure their impact, partners define performance indicators at the time the programmes are being drawn up (number of partnerships, visibility, progress identified in the reports, national and thematic spread of actions, relevance of activities, etc.).

Multilateral Environment for Europe process

Multilateral Environment for Europe process

Outline of the Community (European Union) legislation about Multilateral Environment for Europe process

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Eastern europe and central asia

Multilateral Environment for Europe process

Document or Iniciative

Communication from the Commission of 21 May 2007 – Commission Cooperation with the Environment for Europe Process after the 2007 Ministerial Conference in Belgrade [COM(2007) 262 final – Not published in the Official Journal].

Summary

The Environment for Europe process is an informal multilateral framework created in 1991 and overseen by the United Nations Economic Commission for Europe (UNECE) to promote environmental protection in the countries of Central and Eastern Europe.

The European landscape has changed since the creation of this multilateral process, in particular through the enlargement of the EU to the east which integrated most of the countries of Central and Eastern Europe targeted by this process and thereby made them subject to the Community environment acquis. In addition, relations between the EU and UNECE countries have also been taken into account in the European Neighbourhood Policy and the development of bilateral relations (for example with Russia and the Ukraine) or regional relations (Black Sea region).

The main success stories of the Environment for Europe process include holding multilateral forums, its contribution to the drafting of pan-European reports evaluating the state of the environment, as well as the environmental strategy for the countries of Eastern Europe, the Caucasus and Central Asia (Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kirgizstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan) which aims to find solutions to environmental problems shared by these countries.

However, the Commission notes that the process has encountered some problems, such as difficulties for countries of the former Soviet Union which have not joined the EU to make progress in environmental matters (due mainly to internal political and financial constraints). The Commission also underlines the difficulties linked to the range of subjects dealt with at ministerial conferences and the fact that the role of the Environment for Europe process has progressively decreased as other cooperation frameworks and initiatives have developed.

At the ministerial meeting in Kiev in 2003 the parties decided from then on to focus the process more on countries in Eastern Europe, the Caucasus and Central Asia. They also rearranged the activities of the various working groups to make better use of available resources. Three trends emerged at this meeting, namely the progressive expansion of the EU towards the east (27 of the 56 members of UNECE are now in the EU and another three are EU candidates); the diversity of the countries in Eastern Europe, the Caucasus and Central Asia and the difficulty in seeing them as a unified region; and the decrease in donations to countries such as Russia and Kazakhstan following their rapid economic growth since the end of the 1990s.

The Commission is of the opinion that, following the meeting to be held in Belgrade in October 2007, the central role of the UNECE should be to facilitate the implementation of the UN’s conventions in the region and to continue in its role of coordinating environmental activities in the countries covered by the Environment for Europe process and helping to evaluate these countries’ environmental performance.

In turn the Commission will concentrate in particular on helping to implement the existing UNECE environmental conventions, contributing to UNECE environmental performance reviews, supporting Regional Environmental Centres, participating in selected sub-regional initiatives and improving the water sector in the region.

Related Acts

Communication from the Commission to the Council and the European Parliament of 4 December 2006 on

strengthening the European Neighbourhood Policy

[COM(2006) 726 final – Not published in the Official Journal].

Communication from the Commission of 17 December 2001 – EU-

Russia

Environmental Cooperation [COM(2001) 772 final – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament of 6 February 2003 –

Pan-European Environmental Cooperation

after the 2003 Kiev Conference [COM(2003) 62 final – Not published in the Official Journal].

Council Decision of 15 October 1996 on the conclusion, on behalf of the Community, of the Convention on environmental impact assessment in a transboundary context (Espoo Convention).

The Espoo Convention, signed on 26 February 1991, aims to set out the obligations of Parties to assess the environmental impact of certain activities at an early stage of planning and imposes on States the general obligation regarding notification and consultation on all major projects that are likely to have a significant adverse environmental impact across borders. This Convention covers the UNECE countries.