The Parties may concentrate their cooperation on a number of fields:
(a) dialogue on audio-visual and media policies;
(b) dialogue in international fora (such as UNESCO and the WTO); and
(c) audio-visual and media cooperation including cooperation in the field of cinema.
Article 338.
The Parties will facilitate cooperation between national regulatory authorities in the field of broadcasting of Georgia and the UK.
Chapter 19. Cooperation In the Field of Sport and Physical Activity
Article 339.
The Parties shall promote cooperation in the field of sport and physical activity through the exchange of information and good practices in order to promote a healthy lifestyle and the social and educational values of sport, mobility in sport and in order to fight global threats to sport such as doping, racism and violence.
Chapter 20. Civil Society Cooperation
Article 340.
The Parties may enhance a dialogue on civil society cooperation, with the following objectives:
(a) to strengthen contacts and exchange of information and experience between all sectors of civil society in the UK and in Georgia;
(b) to ensure a better knowledge and understanding of each other's policies and values, as well as history and culture in their respective countries and in particular among civil society organisations based in the parties territories, thus allowing fora better awareness of opportunities and challenges for future relations.
Article 341.
The Parties shall promote dialogue and cooperation between civil society stakeholders from both sides as an integral part of the relations between the UK and Georgia. The aims of such a dialogue and such cooperation are:
(a) to ensure involvement of civil society in UK-Georgia relations, in particular in the implementation of the provisions of this Agreement;
(b) to enhance civil society participation in the public decision-making process, particularly by maintaining an open, transparent and regular dialogue between the public institutions and representative associations and civil society;
(c) to facilitate an enabling environment for institution-building and development of civil society organisations in various ways, including inter alia advocacy support, informal and formal networking, mutual visits and workshops enabling legal framework for civil society, and
(d) to enable civil society representatives from each side to become acquainted with the processes of consultation and dialogue between civil society, including social partners, and public authorities in particular with a view to strengthen civil society in the public policy-making process.
Article 342.
A regular dialogue may take place between the Parties on the issues covered by this Chapter.
Chapter 21. Regional Development and Regional Level Cooperation
Article 343.
The Parties shall promote mutual understanding, and bilateral cooperation in the field of regional and local development policy, with the objective of establishing channels of communication and enhancing exchange of information and experience between national and local authorities, socio-economic actors and civil society, including promoting regional economic and business networks and supportive institutions.
Article 344.
The Parties shall, intensify cooperation between their regions, as well as between local level authorities and to promote their economic and institutional development by implementing projects of common interest.
Chapter 22. Civil Protection
Article 345.
The Parties shall develop and strengthen their cooperation on natural and man-made disasters. Cooperation shall be conducted considering the interests of the Parties on the basis of equality and mutual benefit, as well as taking into account the interdependence existing between the Parties and multilateral activities in the field.
Article 346.
Cooperation shall aim at improving the prevention of, preparation for and response to natural and man-made disasters.
Article 347.
The Parties shall, inter alia, exchange information and expertise and implement joint activities on bilateral basis and/or within the framework of multilateral programmes. Cooperation can take place, inter alia, through the implementation of specific agreements and/or administrative arrangements in this field concluded between the Parties.
Article 348.
The cooperation may cover the following objectives:
(a) to exchange and regularly update contact details in order to ensure continuity of dialogue and in order to be able to contact each other on a 24-hour basis;
(b) facilitating mutual assistance in case of major emergencies, as appropriate and subject to the availability of sufficient resources;
(c) exchanging early warnings, including requests for and offers of assistance;
(d) exchanging information on the provision of assistance by the Parties to third countries for emergencies;
(e) cooperating on Host Nation Support when requesting/providing assistance;
(f) exchange of best practices and guidelines in the field of disaster prevention, preparedness and response;
(g) cooperating on Disaster Risk Reduction by addressing, inter alia, institutional linkages and advocacy; information, education and communication; and best practices aiming at preventing or mitigating the impact of natural hazards;
(h) cooperating on improving the knowledge base on disasters and on hazard and risk assessment for disaster management;
(i) cooperating on the assessment of the environmental and public health impact of disasters;
(j) inviting experts to specific technical workshops and symposia on civil protection issues;
(k) inviting, on a case-by-case basis, observers to specific exercises and trainings organised by the UK and/or Georgia; and
(l) strengthening cooperation on the most effective use of available civil protection capabilities.
Title VII. Financial Assistance, and Anti-fraud and Control Provisions
Chapter 1. Financial Assistance
Article 349.
1. Georgia may benefit from financial assistance to contribute to achieving the objectives of this Agreement, if agreed by both Parties. Any financial assistance will be provided in accordance with the following Articles of this Agreement.
2. Financial assistance covers a range of forms of such assistance and means by which it may occur, including assistance provided through multilateral and regional organisations.
Article 350.
In order to make the best use of the resources available, the Parties shall endeavour to implement any assistance in close cooperation and coordination with other donor countries, donor organisations and international financial institutions, and in line with international principles of aid effectiveness.
Article 351.
The Parties shall implement any assistance in accordance with the principles of sound financial management and shall cooperate in protecting the financial interests of the UK and of Georgia. The Parties shall take effective measures to prevent and fight fraud, corruption and any other illegal activities, inter alia by means of mutual administrative assistance and mutual legal assistance in the fields covered by this Agreement.
Title VII. Institutional, General, and Final Provisions
Chapter 1. Institutional Framework
Article 352.
The Parties shall hold a regular Strategic Partnership and Cooperation Forum, currently titled as the Wardrop Strategic Dialogue, in the configuration, and at the level and frequency agreed by mutual consent.
Article 353. Strategic Partnership and Cooperation Forum
1. The Strategic Partnership and Cooperation Forum established by Article 352 shall supervise and monitor the application and implementation of this Agreement and periodically review the functioning of this Agreement in the light of its objectives.
2. In addition to supervising and monitoring the application and implementation of this Agreement, the Strategic Partnership and Cooperation Forum shall examine any major issues arising within the framework of this Agreement, and any other bilateral or international issues of mutual interest.
Article 354.
1. The Strategic Partnership and Cooperation Forum shall consist of the representatives of the Parties, at the level agreed by the Parties.
2. The Strategic Partnership and Cooperation Forum shall establish its own rules of procedure, and shall adopt any decisions by consensus.
3. Notwithstanding Article 352, the Strategic Partnership and Cooperation Forum shall meet in a specific configuration to address all issues related to Title IV (Trade and Trade-related Matters) of this Agreement. The Strategic Partnership and Cooperation Forum shall meet in that configuration at least once a year. The Parties may establish specific rules of procedure for the Strategic Partnership and Cooperation Forum in this configuration.
4. The sub-committees established under Title IV (Trade and Trade-related Matters) of this Agreement shall inform the Strategic Partnership and Cooperation Forum in Trade configuration, as set out in paragraph 3, of the date and agenda of their meetings sufficiently in advance of their meetings. They shall report on their activities at each regular meeting of the Strategic Partnership and Cooperation Forum in Trade configuration.
5. The existence of any sub-committees established under Title IV (Trade and Trade-related Matters) shall not prevent cither Party from bringing any matter directly to the Strategic Partnership and Cooperation Forum, including in its Trade configuration, as set out in paragraph 3.
6. Nothing in this Agreement shall restrict cooperation between the UK Parliament and the Parliament of Georgia.
7. Upon entry into force of this Agreement, any decisions adopted by the Association Council, Association Committee or any other Committees or sub- committees established by the EU-Georgia Agreement before the EU-Georgia Agreement ceased to apply to the United Kingdom shall, to the extent those decisions relate to the Parties to this Agreement, be deemed to have been adopted, mutatis mutandis and subject to the provisions of this Agreement, by the equivalent body, or sub-committee in this Agreement.
8. The Strategic Partnership and Cooperation Forum shall be chaired in turn by a representative of the UK and a representative of Georgia, unless otherwise agreed by the Parties.
Article 355.
1. For the purpose of attaining the objectives of this Agreement, the Strategic Partnership and Cooperation Forum by agreement between the Parties shall have the power to take decisions within the scope of this Agreement, including in its Trade configuration as set out in Article 354(3). The decisions shall be binding upon the Parties, which shall take appropriate measures, including if necessary action by bodies established under this Agreement, in line with provisions of this Agreement to implement the decisions taken. The Strategic Partnership and Cooperation Forum may also make recommendations.
2. In accordance with paragraph 1 of this Article, the Strategic Partnership and Cooperation Forum shall have the power to update or amend the Annexes to this Agreement, without prejudice to any specific provisions under Title IV (Trade and Trade-related Matters) of this Agreement. Where the Strategic Partnership and Cooperation Forum has agreed to update or amend an Annex to this Agreement, such updates or amendments that are subject to the fulfilment of each Party's domestic legal requirements shall enter into force in accordance with those domestic legal requirements, or, in other cases, in accordance with the decision of the Strategic Partnership and Cooperation Forum.
Chapter 2. General and Final Provisions
Article 356. Access to Courts and Administrative Organs
Within the scope of this Agreement, the Parties undertake to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights, including property rights.
Article 357. Security Exceptions
Nothing in this Agreement shall prevent a Party from taking any measures:
(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
(b) which relate to the production of, or trade in, arms, munitions or war materiel or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;
(c) which it considers essential to its own security, in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 358. Non-discrimination
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
(a) the arrangements applied by Georgia in respect of the UK shall not give rise to any discrimination between nationals, companies or firms of the UK;
(b) the arrangements applied by the UK in respect of Georgia shall not give rise to any discrimination between nationals, companies or firms of Georgia.
2. The provisions of paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.
Article 359. Fulfilment of Obligations
1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained.
2. The Parties agree to consult promptly through appropriate channels at the request of either Party, to discuss any matter concerning the interpretation, implementation or the application in good faith of this Agreement and other relevant aspects of the relations between the Parties.
3. The Parties shall refer to the Strategic Partnership and Cooperation Forum any dispute related to the interpretation, implementation or the application in good faith of this Agreement in accordance with Article 360. The Strategic Partnership and Cooperation Forum may settle a dispute by means of a binding decision.
Article 360. Dispute Settlement
1. When a dispute arises between the Parties concerning the interpretation, implementation or the application in good faith of this Agreement, any Party shall submit to the other Party and the Strategic Partnership and Cooperation Forum a formal request that the matter in dispute be resolved. By way of derogation, disputes concerning the interpretation, implementation or the application in good faith of Title IV (Trade and Trade-related Matters) of this Agreement shall be governed exclusively by Chapter 14 (Dispute Settlement) of that Title.
2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Strategic Partnership and Cooperation Forum created in Article 352 of this Agreement, with the aim of reaching a mutually acceptable solution in the shortest time possible.
3. Notwithstanding the provisions of Article 352 if a Party makes a formal request that a dispute be resolved, the Parties shall meet in the Strategic Partnership and Cooperation Forum within 1 month of that request being made. Without prejudice to other configurations of the Strategic Partnership and Cooperation Forum, the Parties shall provide the Strategic Partnership and Cooperation Forum in this configuration with all information required for a thorough examination of the situation.
4. Notwithstanding the provisions of Article 352, as long as a dispute is not resolved, the Strategic Partnership and Cooperation Forum shall meet at regular intervals to discuss the dispute. A dispute shall be deemed to be resolved when the Strategic Partnership and Cooperation Forum has taken a binding decision to settle the matter as provided for in paragraph 3 of Article 359 of this Agreement, or when it has declared that the dispute is at an end.
5. All information disclosed during the dispute shall remain confidential.
Article 361. Appropriate Measures In Case of Non-fulfilment of Obligations
1. A Party may take appropriate measures, if the matter is not resolved within three months of the date of notification of a formal request for dispute settlement in accordance with Article 360 of this Agreement and if the complaining Party continues to consider that the other Party has failed to fulfil an obligation under this Agreement. The requirement for a three month consultation period may be waived by mutual agreement of the Parties and shall not apply to exceptional cases set out in paragraph 3 of this Article.
2. In the selection of appropriate measures, priority shall be given to those which least disturb the functioning of this Agreement. Except in cases described in paragraph 3 of this Article, such measures may not include the suspension of any rights or obligations provided for under provisions of this Agreement set out in Title IV (Trade and Trade-related Matters). The measures taken under paragraph 1 of this Article shall be notified immediately to the Strategic Partnership and Cooperation Forum and shall be the subject of consultations in accordance with Article 359(2) of this Agreement, and of dispute settlement in accordance with Article 359(3) and Article 360 of this Agreement.
3. The exceptions referred to in paragraphs 1 and 2 of this Article shall concern:
(a) denunciation of this Agreement not sanctioned by the general rules of international law, or
(b) violation by the other Party of any of the essential elements of this Agreement, referred to in Article 2 of Title I (General Principles) of this Agreement.
Article 362.
Amendments Without prejudice to Article 355(2) or any specific provision under Title IV (Trade and Trade-related Matters) of this Agreement, the Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force on the date of receipt of the later of the Parties' notifications that they have completed their internal procedures, or on such date as the Parties may agree.
Article 363. Annexes and Protocols
The Annexes and Protocols to this Agreement shall form an integral part thereof.
Article 364. Duration
1. This Agreement is concluded for an unlimited period.
2. Either Party may denounce this Agreement by notifying the other Party. Subject to Article 366(7), this Agreement shall terminate six months from the date of receipt of such notification.
Article 365. Territorial Application
1. This Agreement shall apply, to the extent that and under the conditions which the EU-Georgia Agreement applied immediately before it ceased to apply to the United Kingdom, on the one hand, to the United Kingdom and the following territories for whose international relations it is responsible: (a) Gibraltar; (b) the Channel Islands and the Isle of Man and, on the other hand, to the territory of Georgia.
2. The application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, in relation to Georgia's regions of Abkhazia and Tskhinvali region/South Ossetia over which the Government of Georgia does not exercise effective control, shall commence once Georgia ensures the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, on its entire territory.
3. The Strategic Partnership and Cooperation Forum shall adopt a decision on when the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, on the entire territory of Georgia, is ensured.
4. Should a Party consider that the full implementation and enforcement of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, is no longer ensured in the regions of Georgia referred to in paragraph 2 of this Article, that Party may request the Strategic Partnership and Cooperation Forum to reconsider the continued application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, in relation to the regions concerned. The Strategic Partnership and Cooperation Forum shall examine the situation and adopt a decision on the continued application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, within three months of the request. If the Strategic Partnership and Cooperation Forum does not adopt a decision within three months of the request, the application of this Agreement, or of Title IV (Trade and Trade-related Matters) thereof, respectively, shall be suspended in relation to the regions concerned until the Strategic Partnership and Cooperation Forum adopts a decision.
5. Decisions of Strategic Partnership and Cooperation Forum under this Article on the application of Title IV (Trade and Trade-related Matters) of this Agreement shall cover the entirety of that Title and cannot only cover parts of that title.
Article 366. Entry Into Force and Provisional Application
1. This Agreement shall be ratified or approved in accordance with each of the Parties’ own internal procedures. Each Party shall notify the other Party of the completion of those procedures.
2. This Agreement shall enter into force on the later of:
(a) the date on which the EU-Georgia Agreement ceases to apply to the United Kingdom, or
(b) The date of receipt of the later of the Parties' notifications that they have completed their internal procedures.
3. Pending entry into force of this Agreement, the Parties may agree to provisionally apply this Agreement in accordance with each of the Parties' own internal legislation and procedures.
4. Where agreed pursuant to Article 366(3), this Agreement shall be applied provisionally between the Parties on the later of:
(a) the date on which the EU-Georgia Agreement ceases to apply to the United Kingdom, or
(b) the date of receipt of the later of the notification of provisional application from the United Kingdom or of the ratification or provisional application from Georgia.
5. Notifications regarding completion of internal procedures under paragraphs 1 and 3 of this Article shall be submitted by the United Kingdom to Georgia's Ministry of Foreign Affairs or its successor and by Georgia to the United Kingdom's Foreign and Commonwealth Office or its successor.
6. If pending the entry into force of this Agreement it is provisionally applied pursuant to paragraphs 3 and 4, unless this instrument provides otherwise, all references in this Agreement to the date of entry into force shall be deemed to refer to the date such provisional application takes effect, to the extent permitted by national legislation.
7. Either Party may give written notification to the other Party of its intention to terminate the provisional application of this Agreement. Notwithstanding Article 364(2), termination of provisional application shall take effect two months after receipt of the notification by the other Party.
Article 367. Reference to EU Law
1 Except as otherwise provided, reference in this Agreement to EU law are to be read as reference to that EU law in force as incorporated or implemented in United Kingdom law as retained EU law on the day after the UK ceases to be bound by the relevant EU law.
2 In this Article "United Kingdom law" includes the law of the territories for whose international relations in the United Kingdom is responsible to whom this Agreement extends, as set out in Paragraph 1 of Article 365.
Article 368. Authentic Texts
This Agreement shall be drawn up in duplicate in the English and Georgian languages, each text being equally authentic.
Conclusion
IN WITNESS WHEREOF the undersigned, duly authorised thereto by their respective Authorities, have signed this Agreement.
Done in duplicate at London on this 21st day of October 2019 in the English and Georgian languages, both texts being equally authoritative.
For the United Kingdom of Great Britain and Northern Ireland:
DOMINIC RAAB
For Georgia:
DAVID ZALKALIANI
Attachments
Annex XI. LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON KEY PERSONNEL, GRADUATE TRAINEES AND BUSINESS SELLERS; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS
United Kingdom
1. List of reservations on establishment: Annex XI-A
2. List of commitments on cross-border supply of services: Annex XI-B
3. List of reservations on key personnel, graduate trainees and business sellers: Annex XI-C
4. List of reservations on contractual services suppliers and independent professionals: Annex XI-D
Georgia