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. 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⁽¹⁾ (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2016/838⁽²⁾ and entered into force on 1 July 2016.

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 Council⁽³⁾, 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 Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusion of negotiations of the Agreement.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: