Rules of procedure of the Cooperation Council between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, of 12 October 1999 - Rules of procedure of the Cooperation Committee
18. 11. 1999 EN Official Journal of the European Communities L 297/29 RULES OF PROCEDURE OF THE COOPERATION COUNCIL between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, of 12 October 1999 (1999/740/EC) THE COOPERATION COUNCIL, Having regard to the Agreement on Partnership and Co- operation between the European Communities and their Member States of the one part, and the Republic of Azerbaijan, of the other part, signed in Luxembourg on 22 April 1996 (1), hereinafter referred to as Agreement, and in particular Articles 81 to 84 thereof, Whereas that Agreement entered into force on 1 July 1999, HAS ESTABLISHED THE FOLLOWING RULES OF PROCEDURE: Article 1 Presidency The Cooperation Council shall be presided over alternately for periods oftwelve months by a member of the Council of the the Communities and its European Union, on behalf of the the Government of Member States, and a member of Republic of Azerbaijan. However, the first period of the Pres- idency shall begin on the date of the first Council meeting and end on 31 December of the same year. Article 2 Meetings The Cooperation Council shall meet regularly at ministerial level once a year. At the request of either Party, special sessions of the Council may be held if the Parties so agree. Unless otherwise agreed by the Parties, each session of the Cooperation Council shall be held at the usual venue for meet- ings of the Council of the European Union at a date agreed by both Parties. The meetings of the Cooperation Council are jointly convened by the Secretaries of the Cooperation Council. Article 3 Representation The members of the Cooperation Council may be represented if they are prevented from attending. Each member may normally be represented by the Head of Mission to the European Communities or the Permanent Representation to the European Union or a senior official. (1) OJ L 246, 17. 9. 1999, p. 3. In all other cases, a member wishing to be represented shall notify the Chairman of the name of his 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 that member. Article 4 Delegations The members of the Cooperation Council may be accompanied by officials. Before each meeting, the Chairman of the Cooperation Council shall be informed of the intended composition and of the Head of the delegation of each Party. The Cooperation Council may invite non-members to attend its meetings to provide information on particular subjects. in order Article 5 Secretariat An official of the General Secretariat of the Council of the European Union and an official of the Mission of the Republic of Azerbaijan to the European Communities shall act jointly as Secretaries of the Cooperation Council. Article 6 Documents When the deliberations of the Cooperation Council are based on written supporting documents, such documents shall be numbered and circulated as documents of the Cooperation Council by the two Secretaries. Article 7 Correspondence All correspondence addressed to the Cooperation Council or to the Chairman of the Council shall be forwarded to both Sec- retaries of the Cooperation Council. The two Secretaries shall ensure that correspondence is forwarded to the Chairman of the Cooperation Council and, where appropriate, circulated as documents referred to in Article 6 to other members of the Cooperation Council. Correspondence circulated shall be sent to the General Secre- tariat of the Commission, the Permanent Representations of the EU Member States and the Mission of the Republic of Azer- baijan to the European Communities. L 297/30 EN Official Journal of the European Communities 18. 11. 1999 the Cooperation Correspondence from the Chairman of Council shall be sent to the recipients by the respective Secret- ary 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 preceding paragraph. Article 8 Agenda for the meetings A provisional agenda for each meeting shall be drawn up 1. by the Secretaries of the Cooperation Council on the basis of suggestions by the Parties. It shall be forwarded by the corres- ponding secretary to the addressees referred to in Article 7 not later than 15 days before the beginning of the meeting. The provisional agenda shall include the items in respect of which a request for inclusion in the agenda has been received by either of the two Secretaries not later than 21 days before the beginning of the meeting, save that items shall not be written into the provisional agenda unless the supporting docu- mentation has been forwarded to the Secretaries not later than the date of dispatch of the provisional agenda. The agenda shall be adopted by the Cooperation Council at the begimung of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree. 2. In agreement with the Parties, the time limits specified in paragraph 1 may be shortened in order to take account of the requirements of a particular case. Article 9 Minutes Draft minutes of each meeting shall be drawn up as soon as possible jointly by the two Secretaries. The minutes shall, as a general rule, indicate in respect of each item on the agenda; — the documentation submitted to the Cooperation Council, — statements the entry of which has been requested by a member of the Cooperation Council, — the recommendations made, the statements agreed upon and the conclusions adopted on specific items. The minutes shall also include a list of members of the Cooperation Council or their representatives who participated at the meeting. The draft minutes shall be submitted to the Cooperation Council for approval at its next meeting. The draft minutes also can be agreed in writing by both Parties. When approved, two authentic copies of the minutes shall be signed by the two Secretaries and be 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 make its recommenda- 1. tions by common agreement between the Parties. During the inter-sessional period, the Cooperation Council may make recommendations by written procedure if both Parties so agree. A written procedure consists of an exchange of notes between the two Secretaries, acting in agreement with the Parties. 2. The recommendations of the Cooperation Council within the meaning of Article 81 of the Agreement shall be entitled ‘recommendation’, followed by a serial number, by the date of their adoption and by a description of their subject. The recommendations of the Cooperation Council shall be authenticated by the two Secretaries and two authentic copies signed by 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 on the publication of the recommenda- tions of the Cooperation Council in its respective official pub- lication. Article 12 Languages The official languages of the Cooperation Council shall be the official languages of the Parties. The Cooperation Council shall normally base its deliberations on documentation prepared in these languages. Article 13 Expenses The European Communities and the Republic of Azerbaijan shall each defray the expenses they incur by reason of their participation in the meetings of the Cooperation Council, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpretation at meetings, translation and reproduction of documents shall be borne by the European Communities, with the exception of expenditure in connection with interpretation or translation from one of the languages of the European Communities into Azerbaijani, which shall be borne by the Republic of Azerbaijan. Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings. Article 14 Committee 1. The Cooperation Committee is hereby established in accordance with Article 83 of the Agreement in order to assist the Cooperation Council in carrying out its duties. It shall be composed of representatives of the Commission of the Euro- pean Communities and of representatives of the members of the Council of the European Union on the one hand, and of representatives of the Republic of the Government of Azerbaijan on the other, normally at senior civil servant level. 18. 11. 1999 EN Official Journal of the European Communities L 297/31 The Cooperation Committee shall prepare the meetings and the deliberations of the Cooperation 2. Council, monitor the implementation of the recommendations of the Cooperation Council where appro- priate and, in general, ensure continuity of the Partnership and the proper functioning of the Agreement. It shall consider any matter referred to it by the Cooperation Council as well as any other matter which may arise in the course of the day-to-day implementation of the Agreement. It shall submit any proposals of recommendations for adoption to the Cooperation Council. The rules of procedure of the Cooperation Committee are attached as Annex to the present rules of 3. procedure. L 297/32 EN Official Journal of the European Communities 18. 11. 1999 ANNEX RULES OF PROCEDURE OF THE COOPERATION COMMITTEE between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, on the other part Article 1 Presidency Article 6 Agenda for the meetings the European Communities, on behalf of The Cooperation Committee shall be presided over alternately for periods of 12 months by a representative of the Commis- sion of the Communities and their Member States, and a representative of the Government of the Republic of Azerbaijan. The first period of the Presidency shall begin on the date of the first Coopera- tion Council meeting and end on 31 December of the same year. For that period and thereafter for each 12 month period, the Cooperation Committee shall be chaired by the Party which holds the Presidency of the Cooperation Council. Article 2 Meetings The Cooperation Committee shall meet once a year and when circumstances require with the agreement of the Parties. Each meeting of the Cooperation Committee shall be held at a time and place agreed by the Parties. The meetings of convened by both Secretaries. the Cooperation Committee are jointly 1. A provisional agenda for each meeting shall be drawn up by the Secretaries of the Cooperation Committee. It shall be forwarded to the Chairman and Secretaries of the Cooperation Council as well as to the members of the Cooperation Committee not later than 15 days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the Chairman has received a request for inclusion in the agenda not later than 21 days before the beginning of the meeting, save that items shall not be written into the provi- sional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of dispatch of the provisional agenda. The agenda shall be adopted by the Cooperation Committee at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree. In agreement with the Parties the time limits specified in 2. paragraph 1 may be shortened in order to take account of the requirements of a particular case. Article 3 Delegations The Cooperation Committee may ask experts to attend its to provide information on particular in order 3. meetings subjects. Before each meeting, the Cooperation Committee shall be informed of the intended composition and the Head of the delegation of each Party. the Chairman of Article 7 Minutes Article 4 Secretariat An official of the Commission of the European Communities and an official of the Government of the Republic of Azer- baijan shall act the Cooperation jointly as Secretaries of Committee. All correspondence to and from the Chairman of the Co- operation Committee provided for in this Annex shall be forwarded to the Secretaries of the Cooperation Committee and the Cooperation to the Secretaries and the Chairman of Council and where appropriate, the Cooperation Committee. to the members of Article 5 Publicity Unless otherwise decided, the meetings of the Cooperation Committee shall not be public. Minutes shall be taken for each meeting and shall be based on a summing up by the Chairman of the conclusions arrived at by the Cooperation Committee. Upon adoption by the Cooperation Committee, the minutes shall be signed by the Chairman and by the Secretaries and filed by each of the Parties. A copy of the minutes shall be forwarded to the Chairman and Secretaries of the Cooperation Council and to the members of the Cooperation Committee. Article 8 Recommendations The Cooperation Committee shall not make recommendations except in the specific cases where it is empowered by the Cooperation Council under Article 83. 2. of the Agreement. In such cases, these acts shall be entitled ‘recommendation’, followed by a serial number, by the date of their adoption and by description of their subject. Recommendations shall be made by common agreement between the Parties. 18. 11. 1999 EN Official Journal of the European Communities L 297/33 the Cooperation Committee shall be Recommendations of forwarded to the Chairman and Secretaries of the Cooperation Council and to the members of the Cooperation Committee. Each Party may decide on the publication of the recommenda- tions of the Cooperation Committee in its respective official publication. Expenditure in connection with interpreting at meetings, trans- lation and reproduction of documents shall be borne by the European Communities, with the exception of expenditure in connection with interpretation or translation from one of the languages of the European Communities into Azerbaijani, which shall be borne by the Republic of Azerbaijan. The recommendations of the Cooperation Committee shall be signed by the Chairman and the Secretaries. Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings. Article 9 Expenses The European Communities and the Republic of Azerbaijan shall each defray the expenses they incur by reason of their participation in the meetings of the Cooperation Committee its sub-committees and working groups, both with and of regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Article 10 Sub-committees The Cooperation Committee may establish sub-committees and define their terms of reference. They shall be considered to work under the authority of the Cooperation Committee, to which they shall report after each one of their meetings. Sub- committees shall not make recommendations. The Cooperation Committee may modify the terms of refer- ence of any sub-committees or set up further sub-committees to assist it in carrying out its duties