Proposal for a Council Decision on the Community position on the rules of procedure of the Cooperation Council and of the Cooperation Committee established by the Partnership and Cooperation Agreement between the European Communities and their Member States and Moldova
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05. 06. 1998 COM(1998) 351 final Proposal for a COUNCIL DECISION ON THE COMMUNITY POSITION ON THE RULES OF PROCEDURE OF THE COOPERATION COUNCIL AND OF THE COOPERATION COMMITTEE ESTABLISHED BY THE PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES AND MOLDOVA (presented by the Commission) EXPLANATORY MEMORANDUM 1. The Partnership and Cooperation Agreement (PCA) establishing a partnership between the European Communities and their Member States, of the one part, and Moldova, of the other part, provides for the setting-up of a Cooperation Council composed of members of the Council of the European Union and members of the European Commission, on the one hand, and of members of the Government of Moldova, on the other, its role is to monitor the implementation of the Agreement and examine any major issues arising within the framework of the Agreement and any other bilateral or international issues of mutual interest for the purpose of attaining the objectives of the Agreement. 2. According to the terms of the Partnership and Cooperation Agreement and in particular Articles 82 to 84 thereof, the Cooperation Council shall establish its rules of procedure and the rules of procedure of the Cooperation Committee, the role of the Committee being to prepare all Cooperation Council meetings and generally assist the Cooperation Council in its work. 1 Article 2(1) of the Council and the Commission Decision (COM(94) 477) on the conclusion of the Partnership and Cooperation Agreement provides that the position to be adopted by the Community in the Cooperation Council shall be determined by the Council on a proposal from the Commission (or, where appropriate, by the Commission). In accordance with this provision, it is proposed that- the Council adopt the attached draft rules of procedure as a Community position. 4. The Moldova Cooperation Council and Cooperation Committee are institutions modelled on the Cooperation Councils and Cooperation Committees set up under the Partnership and Cooperation Agreements with Russia and the Ukraine, which have (virtually) identical rules of procedure. The institutional provisions of the Agreement with Moldova (and of Partnership and Cooperation Agreements with other NIS) constitute the "legal basis" for the rules of procedure. 5. The attached draft rules of procedure follow closely the rules adopted for the the Cooperation Council with Russia. The exact form Cooperation Council and Cooperation Committee will take is as yet unknown. However, the Moldovan authorities are likely to take the rules and practices established with Russia as a guide. the meetings of that 6. The rules of procedure should be kept as broad and as flexible as possible to accommodate a variety of different models of the institutions in question. The rules of procedure adopted under the Europe Agreements are a suitable model for the Moldova rules of procedure. They offer a sufficiently flexible framework, which merely lays down the broad outlines of the institutions' operations without going into excessive detail. 7. One notable difference between the Europe Agreements with the CEECs and those of the PCAs is that a Cooperation Council can make only (non-binding) recommendations (Article 82 of the PCA), whereas Association Councils can take decisions. Appropriate minor adjustments must therefore be made to the model rules of procedure to reflect this aspect. institutional provisions of the I S. It is established practice under the Europe Agreements that all meetings of the Association Councils lake place in the EU. While this corresponds to EU practice in mixed agreement contexts, it is not in line with standard diplomatic usage. Although the Moldovan authorities have not requested alternating venues, it is likely to request treatment equivalent to that of Russia. Therefore the formula proposed for Russia, namely that the venue will be in the EU, unless the Parties agree otherwise, could be used here. 9. The attached draft rules of procedure are proposed for adoption as. a Community position under Article 2(1) of the Council and Commission Decision (COM(94) 477) on the conclusion of the PCA between the European Communities and their Member States and Moldova by means of a decision of the Council. 10. The Council is therefore requested to adopt the attached Commission proposal on a Community position on the rules of procedure of the Cooperation Council and of the Cooperation Committee with Moldova. 4 PROPOSAL FOR A COUNCIL DECISION ON A COMMUNITY POSITION ON THE RULES OF PROCEDURE OF THE COOPERATION COUNCIL AND OF THE COOPERATION COMMITTEE ESTABLISHED BY THE PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES AND MOLDOVA THE COUNCIL OF THE EUROPEAN UNION, to Ihe Treaty establishing Having regard the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European of Atomic Energy Community (Euratom), the European Community, Having regard to the Council and Commission Decision of. 1998 on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member states, of the one part, and Moldova, of the other part, and in particular Article 2(1) thereof, I laving regard to the proposal from the Commission, Whereas Article 82 of the Partnership and Cooperation Agreement sets up a Cooperation Council; Whereas Article 84 of the Partnership and Cooperation Agreement provides that the Cooperation Council shall be assisted by a Cooperation Committee and Article 83 of the Agreement further provides that the Cooperation Council shall adopt its own rules of procedure; Whereas Article 84 of the said Agreement further provides that the Cooperation Council shall, in its rules of procedure, determine the functioning of the Cooperation Committee and that the Cooperation Council may delegate any 'of its powers to the Cooperation Committee; Whereas Article 85 of the Agreement further provides that the Cooperation Council may decide to set up any other special committee or body that can assist it in carrying out its work, HAS DECIDED AS FOLLOWS: The position to be adopted by the European Community within the Cooperation Council set up under Article 82 of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Moldova, of the other part, on the rules of procedure of the said Cooperation Council and of the Cooperation Committee referred to in Article 84 of the Agreement shall be based on the draft rules of procedure annexed to this Decision. Minor amendments to these draft rules of procedure may be accepted without further decision by the Council. Done at Brussels, *1 D R A FT RULES OF PROCEDURE OF THE COOPERATION COUNCIL REPRESENTING THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES, OF THE ONE PART, AND MOLDOVA, OF THE OTHER PART HIT: COOPERATION COUNCIL, Having regard to the Agreement on Partnership and Cooperation between the European Communities and their Member States, of the one part, and Moldova, of the other part, signed in Brussels on 28 November 1994, hereinafter referred to as "the Agreement", and in particular Articles 82 to 85 thereof, I laving regard to the Protocol to the Agreement signed on 15 May 1997, Whereas the Agreement entered into force on. , HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE: Article 1 Presidency The oflice of President of the Cooperation Council shall be held alternately for periods of twelve months by a representative of the Council of the European Union, on behalf of the Communities and their Member Stales, and a representative of the Government of Moldova. However, the first period shall begin on the date of the first Cooperation 'Council and end on 31 December of the same year. Article 2 Meetings The Cooperation Council shall meet at ministerial level once a year. Extraordinary meetings of the Cooperation Council may be held at the request of either party, if the parties so agree. Unless agreed otherwise by the Parties, each meeting of the Cooperation Council shall be held at the usual venue for meetings of the Council of the European Union at a date agreed by both Parties. The meetings of the Cooperation Council shall be jointly convened by the Secretaries of the Cooperation Council in agreement with the Parties. s Article 3 Representation The members of the Cooperation Council, as defined in Article 83 of the Agreement, may be represented by a minister or by a designated official if prevented from attending. The official acting in such a capacity shall as a rule be Moldova's Head of the Mission to the European Communities or the Head of the Permanent Mission to an EC Member State or a senior official. In all other cases, a member wishing to be represented shall notify the President of the name of the representative before the meeting at which he is to be so represented. The representative of a member of the Cooperation Council shall exercise all the rights of the full member. Article 4 Delegations The members of the Cooperation Council may be accompanied by officials. Before each meeting, the President shall be informed of the proposed membership of each Party's delegation and the name of the head of delegation. The Cooperation Council may invite other persons to attend its meetings in order to provide information on particular subjects. Article 5 Secretariat An official of the General Secretariat of the Council of the European Union and an official appointed by Moldova shall act jointly as Secretaries of the Cooperation Council. Article 6 Documents Where the discussions of the Cooperation Council are based on reference documents, such documents shall be numbered and circulated by the two Secretaries as documents of the Cooperation Council. Article 7 Correspondence Correspondence for the Cooperation Council or the President of the Cooperation Council shall be sent to the two Secretaries of the Cooperation Council. The two Secretaries shall ensure that correspondence is forwarded to the President of the Cooperation Council and, where appropriate, circulated to other members of the in Article 6. The Cooperation Council as the correspondence referred the Secretariat-General of thus circulated shall be sent type of document the to to 6 Commission, the Permanent Representations of Member States of the European Union and the Mission of Moldova in Brussels. Communications from the President of the Cooperation Council shall be sent out by the Secretary concerned and, where appropriate, circulated as documents referred to in Article 6 to the other members of the Cooperation Council at the addresses indicated in the paragraph above. Article 8 Agenda v 1. A commonly agreed provisional agenda shall be drawn up for each meeting. It shall be forwarded by the Secretaries of the Cooperation Council to the addressees referred to in Article 7 not later than fifteen days before the beginning of the meeting. The provisional agenda shall include items for which a request has been received by one or other of the two Secretaries not later than twenty-one days before the beginning of the meeting, but items will not be put on. the provisional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of dispatch of the agenda. The agenda shall be adopted by the Cooperation Council at the beginning of each meeting. An item not appearing on the provisional agenda may be added if the two Parties so agree. 2. By agreement of the Parties, the time-limits specified in paragraph 1 may be shortened to take account of special circumstances. Article 9 Minutes The two Secretaries shall jointly draw up draft minutes of each meeting, the two copies being equally authentic. The minutes shall, as a general rule, indicate in respect of each item on the agenda the documentation submitted to the Cooperation Council; any statements that members of the Cooperation Council want included; the recommendations, statements and conclusions adopted on specific items. The minutes shall also include a list of members of the Cooperation Council or their representatives who were present at the meeting. The draft minutes shall be submitted to the Cooperation Council for approval at its next meeting. When approved, two authentic copies of the minutes shall be signed by the two Secretaries and filed by the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 7 above. Article 10 Recommendations \ The Cooperation Council shall formulate agreement between the Parties. its recommendations by common Between meetings, the Cooperation Council may make recommendations and approve minutes by written procedure if the Parties so agree. The written procedure shall consist of an exchange of notes between the two Secretaries, acting in agreement with the Parties. the meaning of The recommendations of the Cooperation Council within Article 82 of the Partnership and Cooperation Agreement shall have the title "recommendation", followed by a serial number, the date of their adoption and a description of the subject. The recommendations of the Cooperation Council shall be authenticated by the two Secretaries and the two authentic copies shall be signed by the heads of delegation of the two Parties. Recommendations shall be forwarded to each of the addressees referred to in Article 7 above as documents of the Cooperation Council. Article 11 Publicity Unless otherwise decided, the meetings of the Cooperation Council shall not be public. Each Party may decide to publish the recommendations of the Cooperation Council in its respective official gazette. Article 12 Languages The official languages of the Cooperation Council shall be the official languages of the Parlies. The Cooperation Council shall normally base prepared in these languages. its deliberations on documentation Article 13 Expenses The European Communities and Moldova shall each cover the expenses they incur by reason of their participation in the meetings of the Cooperation Council with regard to the costs of both staff, travel and subsistence and of post and telecommunications. The cost of interpreting at meetings and of translation of documents shall be borne by the European Communities, with the exception of interpretation or translation into or from Romanian, which shall be borne by Moldova. Other expenditure relating to the material organisation of meetings, including the duplication of documents, shall be borne by the Party which hosts the meeting. 'I Article 14 Cooperation Committee In accordance with Article 84 of the Partnership and Cooperation Agreement, a Cooperation Committee is hereby set up in order to assist the Cooperation Council in its work. It shall be composed of representatives of the Commission of the European Communities and of the members of the Council of the European Union, on the one hand, and of representatives of the Government of Moldova on the other, normally at senior official level. The Cooperation Committee shall prepare the meetings and the discussions of the Cooperation Council, monitor, where appropriate, the implementation of the recommendations of the Co; peration Council and in general ensure continuity in the partnership and the proper functioning of the Partnership and Cooperation Agreement. It shall submit proposals or draft recommendations for adoption to the Cooperation Council. The consultations provided for in Articles 17 and 48, and in Annex 2 to the Partnership and Cooperation Agreement shall take place within the Cooperation Committee. Consultation may continue in the Cooperation Council if the Parties so agree. The rules of procedure of the Cooperation Committee are annexed hereto. Done at For the Cooperation Council I lead of the EU Delegation Head of the Moldova Delegation 4 RULES OF PROCEDURE OF THE COOPERATION COMMITTEE ANNEX. Arlkkl Presidency The office of President of the Cooperation Council shall be held alternately for periods of twelve months by a representative of the Commission of the European Communities, on behalf of the Communities and their Member States, and a representative of the Government of Moldova. The first period shall begin on the date of the first Cooperation Council meeting and end on 31 December of the same year. During this period and each twelve-month period thereafter, the Cooperation Committee shall be chaired by the Party holding the Presidency of the Cooperation Council. Article 2 Meetings The Cooperation Committee shall meet once a year and whenever circumstances require, by agreement of the Parlies. Each meeting of the Cooperation Committee shall be held at a time and place agreed by the Parties. The meetings of the Cooperation Committee shall be convened by the two Secretaries. Article 3 Delegations Before each meeting, the Chairman shall be informed of the proposed composition of each Party's delegation. Article 4 Secretarial An official of the Commission of the European Communities and an official of (he Government of Moldova shall act jointly as Secretaries of the Cooperation Committee. All communications to and from the Chairman of the Cooperation Committee provided for in this Annex shall be forwarded to the Secretaries of the Cooperation Committee and to the Secretaries and President of the Cooperation Council. Article 5 Publicity Unless otherwise decided, the meetings of the Cooperation Committee shall not be public. /o Article 6 Agenda A provisional agenda for each meeting shall be drawn up by the Secretaries of the Cooperation Committee, who shall forward it to the addressees referred to in Article 4 not later than fifteen days before the beginning of the meeting. The provisional agenda shall include the items for which the Chairman has received a request not later than twenty-one days before the beginning of the meeting, on the understanding that items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of dispatch of the agenda. The agenda shall be adopte ' by. the Cooperation Committee at the beginning of each meeting. An item othe: *ban those appearing on the provisional agenda may not be placed on the agenda unless the Parties so agree. By agreement of the Parties, the time-limits specified in paragraph 1 may be shortened to take account of special circumstances. The Cooperation Committee may ask experts to attend its meetings in order to provide information on particular subjects. Article 7 Minutes Minutes shall be taken for each meeting summing up the conclusions reached by the Committee. When adopted by the Cooperation Committee, the minutes shall be signed by the Chairman and the two Secretaries and a copy filed by each of the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 4. Article 8 Recommendations The Cooperation Committee shall not formulate recommendations except in specific cases where it is empowered to do so by the Cooperation Council under Article 87(2) of the Agreement. In such cases these acts shall bear the title "recommendation", followed by a serial number, the date of adoption and a description of the subject Recommendations shall be formulated by common agreement between the parties. Recommendations of the Cooperation Committee shall be forwarded to the addressees referred to in Article 4. The Cooperation Committee may decide to publish such recommendations. The recommendations of the Cooperation Committee shall be signed by the Chairman and the Secretaries. A* Article 9 Expenses The European Communities and Moldova shall each cover the expenses they incur by reason of their participation in the meetings of the Cooperation Committee and of its subcommittees and working parties with regard to the costs of both staff, travel and subsistence and of post and telecommunications. The cost of interpreting at meetings and translation shall be borne by the European Communities, with, the exception of interpretation or translation into or from Romanian, which shall be borne by Moldova. Expenditure relating to the material organisation of meetings, including the duplication of documents, shall be borne by the Party which hosts the meeting. Article 10 Subcommittees and working parlies The ( oopcration Committee may set up subcommittees,and working parlies to assist it in its work. They shall work under the aegis of the Cooperation Committee, to which they shall report after each meeting. They shall not formulate recommendations. The Cooperation Committee may change the terms of reference of any subcommittee or working party, abolish them or set up. new ones. At FINANCIAL STATEMENT 1 TITLE OF OPERATION Rules of procedure of the Cooperation Council and flie Cooperation Committee set up under the Partnership and Cooperation Agreement between the European Communities and their Member Slates and Moldova (PCA). Establishment and operation of an EU-Moldova Cooperation Council, a Cooperation Committee and, where necessary, (sub)committees and other special bodies. 2 BUDGET HEADING INVOLVED A-130 : Mission expenses A- 2510 : Meetings of committees 3 LEGAL BASE Council and Commission Decision on the conclusion of the. Partnership and Coopérât ion- Agreement between the European Communities and their Member Stales and Moldova (to be adopted). 4 DESCRIPTION OF OPERATION 4. 1 General objective Implementation of the institutional provisions of the PCA. 4. 2 Period covered and arrangements for renewal 10 years (= duration of the PCA, Article 98, with possibility of extension). 5 CLASSIFICATION OF EXPENDITURE OR REVENUE 5. 1 Compulsory/Non-compulsory expenditure Non-compulsory expenditure. 5. 2 Differentiated/Non-differentiated appropriations Non-differentiated appropriations. 5. 3 Type of revenue involved No revenue. 6TYPE OF EXPENDITURE OR REVENUE 100% non-reimbursable (missions by officials, organisation of conferences, interpretation, translation, reproduction of documents) Ah 7 F I N A N C I AL I M P A CT 7. 1 Method of calculating total cost of operation (relation between individual and total costs) See section 10. No operational expenditure involved. 7. 2 Itemised breakdown of cost Breakdown year n n+ 1 n + 2 n + 3 n + 4 n + 5 and subs, yrs Total Commitment appropriations ECU million (at current prices) Total 7. 3 Operational expenditure for studies, experts etc. included in Part B of the budget Commitment appropriations ECU million (at current prices) year n n + 1 n + 2 n + 3 n + 4 n + 5 & subs. yrs Total - Studies Meetings of experts - Conferences and congresses - Information and publications Total Ak 7. 4 Schedule of commitment and payment appropriations year n n+ 1 n + 2 n + 3 n + 4 ECU million n + 5 and subs, yrs Total Commitment appropriations Payment appropriations yearn n +1 n + 2 n + 3 n + 4 n i 5 and subs, yrs Total , 8 F R A UD P R É V E N T I ON M E A S U R ES Checks by the responsible officials. ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 9. 1 Specific and quantified objectives; target population The institutionalised dialogue between the EU and Moldova will be an essential prerequisite for achieving the aims of the PCA, namely the promotion of trade and investment Hows, support for political and economic reforms in Moldova and close coopération across a wide number of policy fields. The main targets are economic operators and the general public in Moldova and the EU. 9. 2 Grounds for the operation Coordinated approach by the European Communities and their Member states to cooperation with Moldova, avoiding duplication of effort and establishing the EU as one of the main partners of Moldova. The approach is similar to that adopted under the Partnership and Cooperation Agreements with other NIS and the Europe Agreements with the CHECs. - AS 9. 3 Monitoring and evaluation of the operation Regular stock-taking of the results and effectiveness of the dialogue by Commission and Council. 10 ADMINISTRATIVE EXPENDITURE (SECTION III, PART A OK THE BUDGET) Actual mobilisation of the necessary administrative resources will depend on the Commission's annual decision on the allocation of resources, taking into account the number of staff and additional* amounts authorised by the budgetary authority. 10. 1 Effect on the number of posts Type of post Staff to be assigned to managing the operation Temporary Permanent posts posts A Officials or B temporary C staff ()(her resources Total 1 0 0. 5. 0 1. 5 0 0 0 0 0 Source Existing resources in the DG or department concerned 1 0 0. 5 0 1. 5 Duration Additional resources 0 0 0 10. 2 Overall financial impact of additional human resources Officials Amounts 0 ECU Method of calculation No additional human resources required. Temporary staff O t h er reSOUrCeS (indieatObiidget heading) 0 0 Total 0 At 10. 3 Increase in other administrative expenditure as a result of the operation ECU lludj'cl heading Amounts Method of calculation Cooperation Council N. B. All meetings to be held in Brussels once a year. The Council organises these meetings, so the Commission merely participates with its officials but does not bear (conference organisation, interpretation, etc. ) costs any p. m. A-130 Cooperation Committee N. B. Meetings between Brussels and Chisinau. (usually one a year) alternate 30 000 Chisinau meetings (once every 2 years) • 4-day mission for 10 Commission officials from various DGs. Subcommittees and other bodies N. B. Estimated: 6 meetings per year; half Chisinau, half in Brussels. in Chisinau meetings (3 a year) 20 000 12 000 • One 4-day mission per year for 8 officials (Trade Facts Working Group). • Two 4-day missions subcommittees). for 3 officials (other A-2510 p. m. costs for Council Travel representatives in meetings of the Cooperation participating Committee and of subcommittees and other groups are paid by the Council's General Secretariat. A-130 62 000 32. 000 TOTAL = for years where Cooperation Committee is in Chisinau = for years where Cooperation Committee is in Brussels A-2510 p. m. N. B. The necessary resources for missions by Commission officials will be obtained through redeployment of existing resources. M ISSN 0254-1475 COM(98) 351 final DOCUMENTS EN 11 06 01 Catalogue number : CB-C0-98-372-EN-C ISBN 92-78-37028-2 Office for Official Publications of the European Communities L-2985 Luxembourg 4f