Occupied territories of Georgia
In 2012 the European Commission considered that Georgia's "continued application of the law on Occupied Territories" was a concern for the effectiveness of the "engagement strategy" with the breakaway territories, and in 2013 noted that there had been no change to the "restrictive aspects of the law" but that it hoped for a "more relaxed implementation of the Law" from the new government in Georgia.Russia claims, that "Abkhazia and South Ossetia are not occupied territories, but independent States."
The Russian Federation also holds that it "... does not at present, nor will it in the future, exercise effective control over South Ossetia or Abkhazia;" and "it was not an occupying power." It also noted that "despite having crossed into the territory of Georgia in the course of the conflict, Russia was not an occupying power in terms of IHL." According to Russia, "the number of Russian troops stationed in South Ossetia and Abkhazia [...] does not allow Russia in practice to establish effective control over these territories which total 12 500 sq. kilometers in size."
Occupied territories of Georgia
In November 2008, President of Lithuania Valdas Adamkus and President of Poland Lech Kaczyński issued a joint declaration on the withdrawal of Russian troops from Georgia. They acknowledged "... that the 12 August ceasefire agreement has not yet been fully implemented, in particular with respect to the points concerning Russian troops’ withdrawal to pre-conflict positions and free access to humanitarian aid, as it was agreed between the European and Russian leaderships". They said that "... OSCE as well as EU observers should be allowed in the occupied Georgian territories of Abkhazia and South Ossetia". The Presidents stressed that the "... deployment and continuous increase of Russian troops in Georgia, including Abkhazia and Tskhinvali region/South Ossetia, undermine the peace building efforts in Georgia sponsored by the European Union and other international agencies". The Presidents called on the international community and the EU governments to demand full and unconditional withdrawal of Russian troops from Georgian territory in compliance with the 12 August ceasefire agreement.