PURPOSE: to conclude the Enhanced Partnership and
Cooperation Agreement between the European Union and its Member
States, of the one part, and the Republic of Kazakhstan, of the
other part.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt
the act only if Parliament has given its consent to the
act.
BACKGROUND: relations between the European Union (EU)
and Kazakhstan are currently based on the Partnership
and Cooperation Agreement signed in Brussels on 23 January
1995, which entered into force in June 1999.
On 13 April 2011, the Council adopted a Decision
authorising the European Commission to negotiate the Enhanced
Partnership and Cooperation Agreement between the European Union
and Kazakhstan. Negotiation of the Agreement began in June
2011.
The Agreement between the parties was signed on 21
December 2015, subject to its conclusion at a later
date.
For the EU, the Agreement constitutes an important
step towards increased political and economic involvement in
Central Asia. By strengthening political dialogue and improving
cooperation in a broad range of areas, it will provide the basis
for more effective bilateral engagement with Kazakhstan.
Legal nature: the
Agreement was negotiated and initialled by the European Union and
the Republic of Kazakhstan as the Union's Agreement only. As the
European Union's Member States were unanimous in preferring a
mixed Agreement, it was agreed to amend the initialled text
of the Agreement and the Joint Proposal from the High
Representative of the Union for Foreign Affairs and Security Policy
and the European Commission for a Council Decision on the signing
and provisional application of the Agreement
accordingly.
In response to this measure, the European
Commission made the following statement: Given the
political and economic relevance of the Enhanced Partnership and
Cooperation Agreement (EPCA) with Kazakhstan, the Commission
stresses the importance of signing and ratifying it swiftly. The
Commission reiterates its position that a "mixed" agreement is
legally unnecessary in the present case and that all matters
covered by the agreement fall within the EU's competence. The
Commission therefore regrets that the Member States insist on
signing and ratifying the EPCA with Kazakhstan as a "mixed"
agreement. The Commission reserves its position as to the future
presentation of acts linked to the legal nature of an international
agreement.
Following the adoption of the Council Decision on the
signing, on behalf of the European Union, and provisional
application of the Agreement, the Agreement was signed by the
European Union and the Republic of Kazakhstan as a mixed
Agreement.
CONTENT: the High Representative of the EU for Foreign
Affairs and Security Policy and the European Commission jointly
proposed that the Council adopt a Council Decision approving, on
behalf of the European Union, the Enhanced Partnership and
Cooperation Agreement between the European Union and its Member
States, of the one part, and Kazakhstan, of the other
part.
The text of the Agreement is attached to this
Decision.
The Agreement is based on three key points:
Political dialogue and cooperation in the field
of foreign and security policy:
provisions are provided to set the political dialogue with this
country as well as cooperation in the field of foreign and security
policy. The Agreement includes the EUs standard political
clauses on human rights, the international criminal courts, weapons
of mass destruction, small arms and light weapons and
counterterrorism.
Provisions are also laid down as regards:
- democracy and the rule of law,
- foreign and security policy,
- space security,
- serious crimes of international concern,
- conflict prevention and crisis management and
counter-terrorism.
- Trade and business: a
specific title is provided for:
- trade in goods,
- customs,
- technical barriers to trade,
- sanitary and phytosanitary matters,
- services and establishment,
- capital movement and payments,
- intellectual property,
- government procurement,
- raw materials and energy,
- trade and sustainable development,
- competition and trade dispute settlement.
The Agreement contains a substantive trade section
with important commitments in several trade policy areas. These
will ensure a better regulatory environment for businesses in
Kazakhstan, and thus bring substantial economic benefits for EU
businesses.
- Sectoral cooperation:
a series of provisions on cooperation are provided in a wide range
of areas:
- economic and sustainable development;
- freedom, security and justice;
- financial and technical cooperation;
- other types of cooperation include such as migration,
the environment, taxation, transport, education, the information
society, agriculture and rural development.
- Institutional framework: the Agreement sets up an institutional framework
comprising the Cooperation Council, the Cooperation Committee and
the Parliamentary Cooperation Committee. It also introduces a
procedure for settling disputes, to be used should one of the
parties fail to fulfil its obligations under the
Agreement.
Duration of the Agreement: the Agreement is concluded for an unlimited
period, and can be terminated at six months notice. As of
its entry into force, the Agreement supersedes the Partnership and
Cooperation Agreement between the European Communities and their
Member States, of the one part, and the Republic of Kazakhstan, of
the other part, signed on 23 January 1995.