52016PC0266

EUROPEAN COMMISSION

Brussels, 20.5.2016

COM(2016) 266 final

2016/0143(NLE)

Proposal for a

COUNCIL DECISION

on the Union position to be adopted in the Joint Committee established by the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, on adopting the Joint Committee's rules of procedure, and setting up specialised working groups

EXPLANATORY MEMORANDUM

A Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (‘the Agreement’) was signed on 9 November 2009 and entered into force on 1 May 2014.

The Agreement provides a legal framework covering issues from regular political dialogue to sectoral cooperation. It underlines the EU’s determination to engage with Indonesia and to take bilateral relations to a higher level.

The Agreement strengthens cooperation across a wide spectrum of policy fields, including human rights, non-proliferation of weapons of mass destruction, combating terrorism, the fight against corruption and organised crime, trade, migration, environment, energy, climate change, transport, science and technology, employment and social affairs, education, agriculture, development assistance and culture, etc..

Pursuant to Article 41 of the Agreement, a Joint Committee was established, composed of representatives of both sides at the highest possible level. The Joint Committee is to ensure the proper functioning and implementation of the Agreement, set priorities in relation to the aims of the Agreement and resolve differences arising in its application or interpretation.

To assist the Joint Committee and facilitate expertlevel discussions on some key areas falling within the scope of the Agreement, it is suggested that specialised working groups be established, on:

(1) development cooperation;

(2) trade and investment;

(3) human rights dialogue;

(4) political dialogue; and

(5) security dialogue.

In addition, the EU will propose the establishment of a sixth specialised working group on environment and climate change at the first meeting of the Joint Committee pursuant to Article 14 (2) of the Committee's Rules of Procedure.

The aim of this proposal is to establish the EU’s position in the Joint Committee on:

(i) adopting the Joint Committee’s rules of procedure; and

(ii) setting up the specialised working groups.

The EU position will be based on the attached draft Decisions of the Joint Committee.

2016/0143 (NLE)

Proposal for a

COUNCIL DECISION

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the functioning of the European Union, and in particular Articles 207, 209 and 218(9) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)The Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (‘the Agreement’) entered into force on 1 May 2014.

(2)Pursuant to Article 41 of the Agreement, a Joint Committee was established in order to ensure, inter alia, its proper functioning and implementation.

(3)In order to contribute to the effective implementation of the Agreement, the rules of procedure of the Joint Committee should be adopted.

(4)The Union’s position in the Joint Committee as regards the adoption of the rules of procedure should be based on the attached draft Decisions of the Joint Committee,

HAS ADOPTED THIS DECISION:

Article 1

1. The position to be adopted by the Union in the Joint Committee set up under Article 41 of the Agreement, on:

adopting the Joint Committee’s rules of procedure; and

setting up specialised working groups,

shall be based on the draft Decisions of the Joint Committee annexed to this Decision.

2. The Union’s representatives in the Joint Committee may agree minor changes to the draft Decisions without referring back to the Council.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels,

For the Council

The President

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EUROPEAN COMMISSION

Brussels, 20.5.2016

COM(2016) 266 final

ANNEXES

to the

Proposal for a Council Decision

ANNEXES

to the

Proposal for a Council Decision

ANNEX 1

DECISION No 1/2016 OF THE EU-INDONESIA JOINT COMMITTEE

of …

adopting its Rules of Procedure

THE EU-INDONESIA JOINT COMMITTEE,

Having regard to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (‘the Agreement’), and in particular Article 41 thereof,

Whereas:

(1)The Agreement entered into force on 1 May 2014.

(2)In order to contribute to the effective implementation of the Agreement, the Joint Committee should be established as soon as possible.

(3)Pursuant to Article 41(5) of the Agreement, the Joint Committee should adopt its own rules of procedure,

HAS DECIDED AS FOLLOWS:

Sole article

The rules of procedure of the Joint Committee, as set out in the Annex, are hereby adopted.

Done at …,

For the EU-Indonesia Joint Committee

The Chair

ANNEX A

Rules of Procedure of the Joint Committee

Article 1

Composition and Chair

1. The Joint Committee that is established in accordance with Article 41 of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (hereinafter referred to as ‘the Agreement’) shall perform its tasks as provided for in Article 41 of the Agreement.

2. The Joint Committee shall be composed of representatives of both sides at the highest possible level.

3. The Joint Committee shall be chaired alternately by the Minister of Foreign Affairs of the Republic of Indonesia and the High Representative of the Union for Foreign Affairs and Security Policy. They may delegate authority to preside over all or part of the Joint Committee meetings to a senior official.

Article 2

Representation

1. The Parties shall notify each other of the list of their representatives in the Joint Committee (‘Members’). The list shall be administered by the Secretariat of the Joint Committee.

2. A Member wishing to be represented by an alternate representative shall notify in writing to the Chair of the name of his or her alternate representative before that meeting takes place. The alternate representative of a Member shall exercise all the rights of that Member.

Article 3

Delegations

1. The Members of the Joint Committee may be accompanied by other officials. Before each meeting, the Parties shall be informed, through the Secretariat, of the intended composition of the delegations attending the meeting.

2. When appropriate and by mutual agreement of the Parties, persons in their expert capacity or representatives of other bodies may be invited to attend the meetings of the Joint Committee as observers or in order to provide information on a particular subject.

Article 4

Meetings

1. The Joint Committee shall normally meet not less than every two years, or otherwise agreed upon by both Parties. Meeting of the Joint Committee shall be convened by the Chair. The meeting shall be held in Indonesia and Brussels alternately, on a date fixed by mutual agreement. Extraordinary meetings of Joint Committee may also be conveyed by agreement between the Parties.

2. By way of exception and if both Parties agree, the meetings of the Joint Committee may also be held with the help of technical means, for example by video- or teleconference.

3. The Joint Committee shall meet at the highest possible level, as agreed by the Parties. In this regard, the two Parties shall endeavour to ensure ministerial level participation whenever feasible.

4. When the Joint Committee is chaired at the ministerial level, this will be prepared by a meeting at senior official level to take place beforehand.

Article 5

Publicity

1. Unless otherwise decided by the Parties, the Joint Committee meetings shall not be public. When a Party submits information designated as confidential to the Joint Committee, the other Party shall treat that information as such.

2. The Joint Committee may issue statements to the public as deemed appropriate.

Article 6

Secretariat

A representative of the European External Action Service and a representative of the Government of the Republic of Indonesia shall act jointly as Secretaries of the Joint Committee. All communications to and from the Chair of the Joint Committee shall be forwarded to the Secretaries. Correspondence to and from the Chair of the Joint Committee may be by any written means, including electronic mail.

Article 7

Agendas for meetings

1. The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded, together with the relevant documents, to the other Party normally not later than 15 days before the beginning of the meeting.

2. The Chair may propose experts to attend the meetings of the Joint Committee in order to provide information on any particular agenda item.

3. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree.

4. In particular circumstances and in agreement with the two Parties, the Chair may shorten the time limits referred to in paragraph 1 in order to take account of the requirements of a particular case.

Article 8

Agreed Minutes

1. The outcome of the meeting of the Joint Committee shall be in the form of Agreed Minutes.

2. Draft of such Agreed Minutes of each meeting shall be drawn up jointly by the two Secretaries upon submission by the host, normally within 30 calendar days from the date of the meeting. The draft of the Agreed Minutes shall be based on a summing up by the Chair of the conclusions arrived at by the Joint Committee.

3. The Agreed Minutes shall be approved by both Parties within 45 calendar days of the date of the meeting or by any date agreed by the Parties. Once there is an agreement on the minutes, two original copies shall be signed by the two Parties. Each Party shall receive one original copy.

Article 9

Decisions and Recommendations

1. For the purpose of implementing the task of the Joint Committee as provided for in Article 41 of the Agreement, the Joint Committee may agree to adopt a decision and/or recommendation. Such decision and/or recommendation shall have a serial number, the date of their adoption and a description of the subject matter.

2. The decision and/or recommendation in certain circumstances may be agreed upon written procedures.

3. Notwithstanding Article 5 on Publicity, each Party may decide on the publication of the decisions and recommendations of this Joint Committee in its respective official publication.

Article 10

Correspondence

1. Correspondence addressed to the Joint Committee shall be directed to the Secretary of either the Party, which in turn will inform the other Secretary.

2. The Secretariat shall ensure that correspondence addressed to the Joint Committee is forwarded to the Chair and circulated, where appropriate, as documents referred to in Article 11 of these Rules of Procedure.

3. Correspondence from the Chair shall be sent to the Parties by the Secretariat and circulated, where appropriate, as documents referred to in Article 11 of these Rules of Procedure.

Article 11

Documents

1. Where the deliberations of the Joint Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat to the Members.

2. Each Secretary shall be responsible for circulating the documents to the appropriate Members of his or her side in the Joint Committee and systematically copying the other Secretary.

Article 12

Expenses

1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Joint Committee, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure.

2. Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.

Article 13

Amendment of Rules of Procedure

Either Party may request in writing any revision and the Rules of Procedure may be amended by common agreement of the Parties, in accordance with Article 9.

Article 14

Working groups and Other Mechanisms

1. The Joint Committee may set up specialised working groups or other mechanisms in order to assist it in the performance of its tasks. The specialised working groups and other mechanisms shall report to the Joint Committee.

2. The Joint Committee may decide to abolish any existing specialised working groups or other mechanisms or set up further specialised working groups or other mechanisms to assist it in carrying out its duties.

4. The specialised working groups shall only have the power to make recommendations to the Joint Committee.

ANNEX 2

DECISION No 2/2016 OF THE EU-INDONESIA JOINT COMMITTEE

of …

on the establishment of specialised working groups and other mechanisms

THE EU-INDONESIA JOINT COMMITTEE,

Whereas:

(1)The Agreement entered into force on 1 May 2014.

(2)In order to contribute to the effective implementation of the Agreement, its institutional framework should be established as soon as possible.

(3)Pursuant to Article 41(3) of the Agreement and Article 14 of the Joint Committee’s rules of procedure, the Joint Committee may set up specialised working groups in order to assist it in the performance of its tasks.

(4)In order to allow for expertlevel discussions on the key areas falling within the scope of the Agreement, specialised working groups or other mechanisms may be established. The Parties may further agree to amend the list of specialised working groups or other mechanisms and/or their scope.

(5)Pursuant to Article 9 of its rules of procedure, the Joint Committee may also take decisions by written procedure.

(6)This decision of the Joint Committee should be adopted in order for the specialised working groups or mechanisms to become operational in a timely manner,

HAS ADOPTED THIS DECISION:

Sole article

The specialised working groups and other mechanisms listed in the Annex are hereby established.

Done at,

For the EU- Indonesia Joint Committee

The Chair

ANNEX A

EU-Indonesia Joint Committee

Specialised working groups and other mechanisms

(1) Specialised working group on development cooperation

(2) Specialised working group on trade and investment

(3) Human Rights dialogue

(4) Political dialogue

(5) Security dialogue

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