EXPLANATORY MEMORANDUM

1.         CONTEXT OF THE PROPOSAL/BACKGROUND

The attached proposal constitutes the legal instrument for authorising the Union position to be taken in the Sub-Committee on Sanitary and Phytosanitary measures (“SPS Sub-Committee”), in the Customs Sub-Committee and in the Geographical Indications Sub-Committee (“GI Sub-Committee”) established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (“the Agreement”), in relation to the adoption of the rules of procedure of the SPS Sub-Committee, the Customs Sub-Committee, and the GI Sub-Committee.

On 16 June 2014, the Council adopted its decision[1] on the signing, on behalf of the European Union and the European Atomic Energy Community and their Member States, and provisional application of certain provisions of the Agreement, including its Deep and Comprehensive Free Trade Area (DCFTA) part. Subsequently, the Agreement was signed in Brussels on 27 June 2014 in the margins of the European Council.

The Republic of Moldova ratified the Agreement on 2 July 2014 and completed, in parallel with the European Union, the requisite notification procedures within the same month. Consequently, in accordance with Article 464 of the Agreement certain provisions thereof (specified in Article 3 of the Council Decision on the signing and provisional application of the Agreement with the Republic of Moldova of 16 June 2014) are applied on a provisional basis starting from 1 September 2014, pending ratification by the EU Member States.

The Agreement established a Sanitary and Phytosanitary Sub-Committee , the Customs Sub-Committee, and the Geographical Indications Sub-Committee . These sub-committees have to monitor the implementation of the DCFTA part of the Agreement, and resolve related issues. The sub-committees have to adopt their rules of procedure. The first meetings of the sub-committees are expected to take place in the beginning of 2015. The rules of procedure of these sub-committees, attached to this proposal, are based on the rules of procedure of the Association Committee.

2.         RESULTS OF THE NEGOTIATIONS

Article 191 of the Agreement with the Republic of Moldova provides that the SPS Sub-Committee adopts its rules of procedure at its first meeting. The meeting of the SPS Sub-Committee is to take place in early 2015. In view of this first meeting it is necessary to prepare the Union position on the draft rules of procedure for the said Sub-Committee. The attached draft rules are a result of negotiations with the Republic of Moldova.

Article 200 of the Agreement establishes the Customs Sub-Committee and provides that it should adopt its rules of procedure. The first meeting is expected to take place in early 2015. Therefore it is necessary to prepare the Union position on the rules of procedure for that Sub-Committee. The attached draft rules are a result of negotiations with the Republic of Moldova.

The Article 306 of the Agreement establishes the GI Sub-Committee and provides that it should adopt its rules of procedure. The first meeting is expected to take place in early 2015. Therefore it is necessary to prepare the Union position on the rules of procedure for that Sub-Committee. The attached draft rules are a result of negotiations with the Republic of Moldova.

3.         LEGAL ELEMENTS OF THE PROPOSAL

For the Union, the legal basis for authorising the Union position to be taken in the Sub-Committees established by the Association Agreement between the EU and the Republic of Moldova is the Treaty on the Functioning of the European Union, and in particular its Article 207(4) in conjunction with Article 218(9) thereof.

In light of the above-mentioned results of negotiations, on the basis of Article 207(4) and Article 218(9) TFEU, the European Commission proposes that the Council adopts the Decision authorising the Union position to be taken in the first EU-Republic of Moldova SPS Sub-Committee, the EU-Republic of Moldova Customs Sub-Committee and the EU-Republic of Moldova GI Sub-Committee in relation to their rules of procedure.

2014/0350 (NLE)

Proposal for a

COUNCIL DECISION

on the Union position to be taken in the SPS Sub-Committee, the Customs Sub-Committee, and in the Geographical Indications Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, in relation to the adoption of the rules of procedure of the SPS Sub-Committee, the Customs Sub-Committee, and the Geographical Indications Sub-Committee

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)       Article 464(3) and (4) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, (“the Agreement”) provide for provisional application of the Agreement in part.

(2)       Article 3 of Council Decision 2014/492/EU[2] specifies the provisions of the Agreement to be applied provisionally, including the provisions on the establishment and functioning of the Sanitary and Phytosanitary Sub-Committee (“SPS Sub-Committee”), the Customs Sub-Committee, and the Geographical Indications Sub-Committee (“GI Sub-Committee”).

(3)       Article 191 of the Agreement provides that the SPS Sub-Committee should establish its rules of procedure at the first meeting.

(4)       Article 200(3) of the Agreement provides that the Customs Sub-Committee should establish its rules of procedure.

(5)       Article 306(3) of the Agreement provides that the GI Sub-Committee should establish its rules of procedure.

(6)       It is therefore appropriate to determine the Union position in relation to the rules of procedure to be adopted by the said Sub-Committees,

HAS ADOPTED THIS DECISION:

Article 1

1.           The position to be taken by the Union within the SPS Sub-Committee established by Article 191 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, in relation to the adoption of the rules of procedure of the SPS Sub-Committee shall be based on the draft Decision of that Sub-Committee attached to this Decision.

2.           Minor changes to the draft decisions may be agreed to by the representatives of the Union in the SPS Sub-Committee without further decision of the Council.

Article 2

1.           The position to be taken by the Union within the Customs Sub-Committee established by Article 200 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, in relation to the adoption of the rules of procedure of the Customs Sub-Committee shall be based on the draft Decision of that Sub-Committee attached to this Decision.

2.           Minor changes to the draft decisions may be agreed to by the representatives of the Union in the Customs Sub-Committee without further decision of the Council.

Article 3

1.           The position to be taken by the Union within the GI Sub-Committee established by Article 306 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, in relation to the adoption of the rules of procedure of the GI Sub-Committee shall be based on the draft Decision of that Sub-Committee attached to this Decision.

2.           Minor changes to the draft decisions may be agreed to by the representatives of the Union in the GI Sub-Committee without further decision of the Council.

Article 4

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

Done at Brussels,

                                                                       For the Council

                                                                       The President

[1]               OJ L 260, 30.8.2014, p. 1.

[2]               Council Decision of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L 260, 30.8.2014, p.1).

ANNEXE

DRAFT

DECISION No 1/2015 OF THE EU-REPUBLIC OF MOLDOVA SANITARY AND PHYTOSANITARY SUB-COMMITTEE

of … 2015

adopting its rules of procedure

THE EU-REPUBLIC OF MOLDOVA SANITARY AND PHYTOSANITARY SUB-COMMITTEE,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, (“the Agreement”) and in particular Article 191 thereof,

Whereas:

(1)       In accordance with its Article 464, parts of the Agreement are applied provisionally as of 1 September 2014.

(2)       Article 191 of the Agreement provides that the Sanitary and Phytosanitary Sub-Committee (“SPS Sub-Committee”) should consider any matter relating to the implementation of Chapter 4 (Sanitary and Phytosanitary Measures) of Title V (Trade and Trade-related Matters) of the Agreement.

(3)       Article 191(5) of the Agreement provides that the SPS Sub-Committee should adopt its rules of procedure.

HAS DECIDED AS FOLLOWS:

Article 1

The Rules of Procedure of the SPS Sub-Committee, as set out in the Appendix, are hereby adopted.

Article 2

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

Done at …, …..

|| For the SPS Sub-Committee

|| The Chair

Appendix

Rules of Procedure of the EU-Republic of Moldova Sub-Committee on Sanitary and Phytosanitary measures

Article 1

General provisions

1.           The Sub-Committee on Sanitary and Phytosanitary measures (“SPS Sub-Committee”), established in accordance with Article 191(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other (“Agreement”) shall assist the Association Committee meeting in Trade configuration as provided for in Article 438(4) to Title V of the Agreement in the performance of its duties.

2.           The SPS Sub-Committee shall perform the tasks set out in Article 191(2) of the Agreement in the light of the objectives of Chapter 4 of Title V set out in Article 176 of the Agreement.

3.           The SPS Sub-Committee shall be composed of representatives of the European Commission and of the Republic of Moldova, responsible for sanitary and phytosanitary matters.

4.           A representative of the European Commission or of the Republic of Moldova having responsibility for sanitary and phytosanitary matters shall act as Chair in accordance with Article 2 below.

5.           The Parties in these Rules of Procedure shall be defined as provided for in Article 461 of the Agreement.

Article 2

Chairmanship

The Parties shall hold the Chair of the SPS Sub-Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.

Article 3

Meetings

1.           Save as otherwise agreed by the Parties, the SPS Sub-Committee shall meet within three months after the entry into force of the Agreement, upon request by either Party thereafter, or at least once a year.

2.           Each meeting of the SPS Sub-Committee shall be convened by the Chair at a date and a place agreed by the Parties. The notice of convening the meeting shall be issued by the Chair of the SPS Sub-Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.

3.           Whenever possible, the regular meeting of the SPS Sub-Committee shall be convened in due time in advance of the regular meeting of the Association Committee meeting in Trade configuration.

4.           The meetings of the SPS Sub-Committee may be held by any agreed technological means such as video- or audio-conference.

5.           The SPS Sub-Committee may address any issue out of session, by correspondence.

Article 4

Delegations

Before each meeting, the Parties shall be informed, through the Secretariat, of the intended composition of the delegations attending the meeting on either side.

Article 5

Secretariat

1.           An official of the European Commission and an official of the Republic of Moldova shall act jointly as Secretaries of the SPS Sub-Committee and shall execute secretarial tasks in a joint manner, in a spirit of mutual trust and cooperation.

2.           The Secretariat of the Association Committee meeting in Trade configuration shall be informed of any decisions, opinions, recommendations, reports and other agreed actions of the SPS Sub-Committee.

Article 6

Correspondence

1.           Correspondence addressed to the SPS Sub-Committee shall be directed to the Secretary of either of the Parties, who in turn will inform the other Secretary.

2.           The Secretariat shall ensure that correspondence addressed to the SPS Sub-Committee is forwarded to the Chair of the SPS Sub-Committee and circulated, where appropriate, as documents referred to in Article 7 of these Rules of Procedure.

3.           Correspondence from the Chair of the SPS Sub-Committee shall be sent to the Parties by the Secretariat of the SPS Sub-Committee on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7 of these Rules of Procedure.

Article 7

Documents

1.           Documents shall be circulated through the Secretaries of the SPS Sub-Committee.

2.           A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.

3.           The Secretary of the Union shall circulate the documents to the responsible representatives of the Union and shall copy in such correspondence systematically the Secretary of the Republic of Moldova and the Secretaries of the Association Committee meeting in Trade configuration.

4.           The Secretary of the Republic of Moldova shall circulate the documents to the responsible representatives of the Republic of Moldova and shall copy in such correspondence systematically the Secretary of the Union and the Secretaries of the Association Committee meeting in Trade configuration.

5.           The Secretaries of the SPS Sub-Committee shall serve as contact points for exchanges provided for in Article 184 of the Agreement.

Article 8

Confidentiality

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

Article 9

Agendas for the Meetings

1.           A provisional agenda for each meeting as well as draft operational conclusions as provided for in Article 10 shall be drawn up by the Secretariat of the SPS Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat of the SPS Sub-Committee has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the meeting date.

2.           The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the beginning of the meeting.

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

4.           The Chair of the meeting of the SPS Sub-Committee may, upon agreement of the other Party, invite representiatives of other bodies of the Parties or independent experts in a subject-area on an ad-hoc basis to attend its meetings in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.

5.           The Chair of the SPS Sub-Committee may reduce, in consultation with the Parties, the time periods specified in paragraphs 1 and 2 in order to take account of special circumstances.

Article 10

Minutes and Operational Conclusions

1.           Draft minutes of each meeting shall be drawn up jointly by the two Secretaries.

2.           The minutes shall, as a general rule, include in respect of each item on the agenda:

(a)     the participants in the meeting, the officials accompanying them and any observer or expert who attended the meeting;

(b)     the documents submitted to the SPS Sub-Committee;

(c)     the statements which the SPS Sub-Committee has asked to be entered; and

(d)     the operational conclusions of the meeting, as provided in paragraph (4).

3.           The draft minutes shall be submitted to the SPS Sub-Committee for approval. They shall be approved within 28 calendar days after each SPS Sub-Committee meeting. A copy shall be sent to each of the addressees referred to in Article 7 of the Rules of Procedure.

4.           Draft operational conclusions of each meeting shall be drawn up by the Secretary of the SPS Sub-Committee of the Party holding the Chairmanship, and circulated to the Parties together with the agenda, normally no later than 15 calendar days before the beginning of the meeting. This draft shall be updated as the meeting proceeds so that at the end of the meeting, unless agreed otherwise, the SPS Sub-Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes and their implementation shall be reviewed during any subsequent meeting of the SPS Sub-Committee. To that end the SPS Sub-Committee shall adopt a template, allowing for each action point to be tracked against a specific deadline.

Article 11

Decisions and recommendations

1.           The SPS Sub-Committee adopts decisions, opinions, recommendations, reports and joints actions as provided for in Article 191 of the Agreement. These decisions, opinions, recommendations, reports and joint actions shall be adopted by consensus between the Parties after the completion of respective internal procedures for their adoption. The decisions shall be binding upon the Parties, which shall take appropriate measures to implement them.

2.           Each decision, opinion, recommendation or report shall be signed by the Chair and authenticated by the two Secretaries. Without prejudice to paragraph 3, the Chair shall sign these documents during the meeting in which the relevant decision, opinion, recommendation or report is adopted.

3.           The SPS Sub-Committee may take decisions, make recommendations and adopt opinions or reports by written procedure, after the completion of respective internal procedures for their adoption, 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. For this purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time limit of no less than 21 calendar days within which any reservations or amendments must be made known. The Chair of the SPS Sub-Committee may reduce, in consultation with the Parties, the time periods specified in this paragraph in order to take account of special circumstances. Once the text is agreed, the decision, the opinion, the recommendation or the report shall be signed by the Chair and authenticated by the two Secretaries.

4.           The acts of the SPS Sub-Committee shall be entitled ‘Decision’, 'Opinion', ‘Recommendation’ or 'Report' respectively. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.

5.           The decisions, opinions, recommendations and reports shall be circulated to both Parties.

6.           Each Party may decide on the publication of the decisions, opinions and recommendations of the SPS Sub-Committee in its respective official publication.

Article 12

Reports

The SPS Sub-Committee shall submit a report on its activities and those of the technical working groups or the ad hoc groups set up by the SPS Sub-Committee to the Association Committee meeting in Trade configuration. The report shall be submitted 25 days before the regular annual meeting of the Association Committee meeting in Trade configuration.

Article 13

Languages

1.           The working languages of the SPS Sub-Committee shall be English and Romanian.

2.           Unless otherwise decided, the SPS Sub-Committee shall base its deliberations on documentation prepared in these languages.

Article 14

Expenses

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

3.           Expenditure in connection with interpreting at meetings and translation of documents into or from English and Romanian as referred to in Article 13(1) of these Rules of Procedure shall be borne by the Party hosting the meeting.

Interpreting and translation into or from other languages shall be borne directly by the requesting Party.

Article 15

Amendment of Rules of Procedure

These Rules of Procedure may be amended by a decision of the SPS Sub-Committee in accordance with Article 191(5) of the Agreement.

Article 16

Technical working groups and ad hoc groups

1.           The SPS Sub-Committee may by a decision pursuant to Article 191(6) of the Agreement create or abolish, where appropriate, technical working groups or ad hoc working groups, including scientific groups and experts groups.

2.           The membership of the ad hoc working groups need not be restricted to representatives of the Parties. The Parties shall ensure that the members of any groups created by the SPS Sub-Committee respect any appropriate confidentiality requirements.

3.           Unless otherwise decided, the groups created by the SPS Sub-Committee shall work under the authority of the SPS Sub-Committee, to which they shall report.

4.           The meetings of the working groups may be held when the need arises, in person or by a video- or audio-conference.

5.           The Secretariat of the SPS Sub-Committee shall be in copy of all relevant correspondence, documents and communications pertaining to the activities of the working groups.

6.           The working groups shall have the power to make recommendations in writing to the SPS Sub-Committee. The recommendations shall be made by consensus and communicated to the SPS Sub-Committee Chair, who shall circulate the recommendations as provided for in Article 7.

7.           The present rules of procedures shall be applied mutatis mutandis to any technical working group or an ad hoc working group created by the SPS Sub-Committee, unless otherwise specified in this Article. The references to the Association Committee meeting in Trade Configuration shall be understood to mean references to the SPS Sub-Committee.

DRAFT

DECISION No 1/2015 OF THE EU-REPUBLIC OF MOLDOVA CUSTOMS SUB-COMMITTEE

of .. 2015

adopting its rules of procedure

THE EU-REPUBLIC OF MOLDOVA CUSTOMS SUB-COMMITTEE,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, (“the Agreement”) and in particular Article 200 thereof,

Whereas:

(1)       In accordance with its Article 464, parts of the Agreement are applied provisionally as of 1 September 2014.

(2)       Article 200 of the Agreement provides that the Customs Sub-Committee monitors the implementation and administration of Chapter 5 (Customs and Trade Facilitation) of Title V (Trade and Trade-related Matters) of the Agreement.

(3)       Article 200(3)(e) of the Agreement provides that the Customs Sub-Committee should adopt its rules of procedure.

HAS DECIDED AS FOLLOWS:

Article 1

The Rules of Procedure of the Customs Sub-Committee, as set out in the Appendix, are hereby adopted.

Article 2

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

Done at …, …..

|| For the Customs Sub-Committee

|| The Chair

Appendix

Rules of Procedure of the EU-Republic of Moldova Customs Sub-Committee

Article 1

General provisions

1.           The Customs Sub-Committee, established in accordance with Article 200(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other (“Agreement”) shall perform its duties as provided for in Article 200(2) and (3) of the Agreement.      

2.           The Customs Sub-Committee shall be composed of representatives of the European Commission and of the Republic of Moldova, responsible for customs and customs-related matters.

3.           A representative of the European Commission or of the Republic of Moldova having responsibility for customs and customs-related matters shall act as Chair in accordance with Article 2 below.

4.           The Parties in these Rules of Procedure shall be defined as provided for in Article 461 of the Agreement.

Article 2

Chairmanship

The Parties shall hold the Chair of the Customs Sub-Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.

Article 3

Meetings

1.           Save as otherwise agreed by the Parties, the Customs Sub-Committee shall meet once a year or upon request by either Party.

2.           Each meeting of the Customs Sub-Committee shall be convened by the Chair at a date and a place agreed by the Parties. The notice of convening the meeting shall be issued by the Chair of the Customs Sub-Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.

3.           The meetings of the Customs Sub-Committee may be held by any agreed technological means such as video- or audio-conference.

5.           The Customs Sub-Committee may address any issue out of session, by correspondence.

Article 4

Delegations

Before each meeting, the Parties shall be informed, through the Secretariat, of the intended composition of the delegations attending the meeting on either side.

Article 5

Secretariat

1.           An official of the European Commission and an official of the Republic of Moldova having responsibility for customs and customs-related matters shall act jointly as Secretaries of the Customs Sub-Committee and shall execute secretarial tasks in a joint manner, in a spirit of mutual trust and cooperation.

2.           The Secretariat of the Association Committee in Trade configuration shall be informed of any decisions, opinions, recommendations, reports and other agreed actions of the Customs Sub-Committee.

Article 6

Correspondence

1.           Correspondence addressed to the Customs Sub-Committee shall be directed to the Secretary of either of the Parties, who in turn will inform the other Secretary.

2.           The Secretariat shall ensure that correspondence addressed to the Customs Sub-Committee is forwarded to the Chair of the Customs Sub-Committee and circulated, where appropriate, as documents referred to in Article 7 of these Rules of Procedure.

3.           Correspondence from the Chair of the Customs Sub-Committee shall be sent to the Parties by the Secretariat of the Customs Sub-Committee on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7 of these Rules of Procedure.

Article 7

Documents

1.           Documents shall be circulated through the Secretaries of the Customs Sub-Committee.

2.           A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.

3.           The Secretary of the Union shall circulate the documents to the responsible representatives of the Union and shall copy in such correspondence systematically the Secretary of the Republic of Moldova. The Secretary of the Union shall send a copy of the final documents to the Secretaries of the Association Committee in Trade configuration.

4.           The Secretary of the Republic of Moldova shall circulate the documents to the responsible representatives of the Republic of Moldova and shall copy in such correspondence systematically the Secretary of the Union. The Secretary of the Republic of Moldova shall send a copy of the final documents to the Secretaries of the Association Committee in Trade configuration.

Article 8

Confidentiality

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

Article 9

Agendas for the Meetings

1.           A provisional agenda for each meeting shall be drawn up by the Secretariat of the Customs Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat of the Customs Sub-Committee has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the meeting date.

2.           The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the beginning of the meeting.

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

4.           The Chair of the meeting of the Customs Sub-Committee may, upon agreement of the other Party, invite representiatives of other bodies of the Parties or independent experts in a subject-area on an ad-hoc basis to attend its meetings in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.

5.           The Chair of the Customs Sub-Committee may reduce, in consultation with the Parties, the time periods specified in paragraphs 1 and 2 in order to take account of special circumstances.

Article 10

Minutes and Operational Conclusions

1.           Draft minutes, inlcuding operational conclusions, of each meeting shall be drawn up by the Secretary of the Customs Sub-Committee of the Party holding the Chairmanship.

2.           The draft minutes, including the operational conclusions, shall be submitted to the Customs Sub-Committee for approval. They shall be approved within 28 calendar days after each Customs Sub-Committee meeting. A copy shall be sent to each of the addressees referred to in Article 7 of the Rules of Procedure.

Article 11

Decisions and recommendations

1.           The Customs Sub-Committee adopts practical arrangements, measures, decisions and recommendations as provided for in Article 200 of the Agreement. They shall be adopted by consensus between the Parties after the completion of respective internal procedures for their adoption. The decisions shall be binding upon the Parties, which shall take appropriate measures to implement them.

2.           Each decision or recommendation shall be signed by the Chair and authenticated by the two Secretaries. Without prejudice to paragraph 3, the Chair shall sign these documents during the meeting in which the relevant decision or recommendation is adopted.

3.           The Customs Sub-Committee may take decisions or make recommendations by written procedure, after the completion of respective internal procedures for their adoption, 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. For this purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time limit of no less than 21 calendar days within which any reservations or amendments must be made known. The Chair of the Customs Sub-Committee may reduce, in consultation with the Parties, the time periods specified in this paragraph in order to take account of special circumstances. Once the text is agreed, the decision or the recommendation shall be signed by the Chair and authenticated by the two Secretaries.

4.           The acts of the Customs Sub-Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.

5.           The decisions and recommendations shall be circulated to both Parties.

6.           Each Party may decide on the publication of the decisions and recommendations of the Customs Sub-Committee in its respective official publication.

Article 12

Reports

The Customs Sub-Committee shall report to the Association Committee in Trade configuration at each regular annual meeting of the Association Committee in Trade configuration.

Article 13

Languages

1.           The working languages of the Customs Sub-Committee shall be English and Romanian.

2.           Unless otherwise decided, the Customs Sub-Committee shall base its deliberations on documentation prepared in these languages.

Article 14

Expenses

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

3.           Expenditure in connection with interpreting at meetings and translation of documents into or from English and Romanian as referred to in Article 13(1) of these Rules of Procedure shall be borne by the Party hosting the meeting.

Interpreting and translation into or from other languages shall be borne directly by the requesting Party.

Article 15

Amendment of Rules of Procedure

These Rules of Procedure may be amended by a decision of the Customs Sub-Committee in accordance with Article 200(3)(e) of the Agreement.

DRAFT

DECISION No 1/2015 OF THE EU-REPUBLIC OF MOLDOVA GEOGRAPHICAL INDICATIONS SUB-COMMITTEE

of .. 2015

adopting its rules of procedure

THE EU-REPUBLIC OF MOLDOVA GEOGRAPHICAL INDICATIONS SUB-COMMITTEE,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, (“the Agreement”) and in particular Article 306 thereof,

Whereas:

(1)       In accordance with its Article 465, parts of the Agreement are applied provisionally as of 1 September 2014.

(2)       Article 306 of the Agreement provides that the Geographical Indications Sub-Committee (“GI Sub-Committee”) monitors the development of the Agreement in the field of geographical indications and serves as a forum for cooperation and dialogue on geographical indications.

(3)       Article 306(3) of the Agreement provides that the GI Sub-Committee should adopt its rules of procedure.

HAS DECIDED AS FOLLOWS:

Article 1

The rules of procedure for the GI Sub-Committee, as set out in the Appendix, are hereby adopted.

Article 2

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

Done at,

|| For the GI Sub-Committee

|| The Chair

Appendix

Rules of Procedure of the EU-Republic of Moldova Geographical Indications Sub-Committee

Article 1

General provisions

1.           The Geographical Indications Sub-Committee (“GI Sub-Committee”), established in accordance with Article 306 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other (“Agreement”) shall assist the Association Committee meeting in Trade configuration set out in Article 438(4) to Title V of the Agreement in the performance of its functions.

2.           The GI Sub-Committee shall perform its functions set out in Article 306 of the Agreement.

3.           The GI Sub-Committee shall be composed of officials of the European Commission and of the Republic of Moldova, who have competence in geographical indications.

4.           The Parties shall each appoint a Head of Delegation who shall be the contact person for all matters relating to the GI Sub-Committee.

5.           The Heads of Delegation shall act as Chair in accordance with Article 2 below.

6.           Each Head of Delegation may delegate all or any of the functions of Head of Delegation to a nominated deputy, in which case all references hereafter to the Head of Delegation apply equally to the nominated deputy.

7.           The Parties in these Rules of Procedure shall be defined as provided for in Article 461 of the Agreement.

Article 2

Chairmanship

The Parties shall hold the Chair of the GI Sub-Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.

Article 3

Meetings

1.           Save as otherwise agreed by the Parties, the GI Sub-Committee shall meet at the request of either Party, alternately in the EU and in the Republic of Moldova, and in any case no later than 90 days from the request.

2.           Each meeting of the GI Sub-Committee shall be convened by the Chair at a date and place agreed by the Parties. The notice of convening the meeting shall be issued by the Chair of the GI Sub-Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.

3.           Whenever possible, the regular meeting of the GI Sub-Committee shall be convened in due time in advance of the regular meeting of the Association Committee meeting in Trade configuration.

4.           By way of exception, the meetings of the GI Sub-Committee may be held by any technological means agreed by the Parties, including video-conference.

Article 4

Delegations

Before each meeting, the Parties shall be informed, through the Secretariat, of the intended composition of the delegations attending the meeting on either side.

Article 5

Secretariat

1.           A representative of the Euroepan Commission and a representative of the Republic of Moldova shall act jointly as Secretaries of the GI Sub-Committee, as appointed by the Heads of Delegations, and shall execute secretarial tasks in a joint manner, in a spirit of mutual trust and cooperation.

2.           The Secretariat of the Association Committee meeting in Trade configuration shall be informed of any decisions, reports and other agreed actions of the GI Sub-Committee.

Article 6

Correspondence

1.           Correspondence addressed to the GI Sub-Committee shall be directed to the Secretary of either of the Parties, who in turn will inform the other Secretary.

2.           The Secretariat shall ensure that correspondence addressed to the GI Sub-Committee is forwarded to the Chair of the GI Sub-Committee and circulated, where appropriate, as documents referred to in Article 7 of these Rules of Procedure.

3.           Correspondence from the Chair of the GI Sub-Committee shall be sent to the Parties by the Secretariat of the GI Sub-Committee on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7 of these Rules of Procedure.

Article 7

Documents

1.           Documents shall be circulated through the Secretaries of the GI Sub-Committee.

2.           A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.

3.           The Secretary of the Union shall circulate the documents to the responsible representatives of the Union and shall copy in such correspondence systematically the Secretary of the Republic of Moldova and the Secretaries of the Association Committee meeting in Trade configuration.

4.           The Secretary of the Republic of Moldova shall circulate the documents to the responsible representatives of the Republic of Moldova and shall copy in such correspondence systematically the Secretary of the Union and the Secretaries of the Association Committee meeting in Trade configuration.

Article 8

Confidentiality

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

Article 9

Agendas for the Meetings

1.           A provisional agenda for each meeting as well as draft Operational Conclusions as provided for in Article 10 shall be drawn up by the Secretariat of the GI Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat of the GI Sub-Committee has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the meeting date.

2.           The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the beginning of the meeting.

3.           The agenda shall be adopted by the Chair and the other Head of Delegation at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.

4.           The Chair of the meeting of the GI Sub-Committee may, upon agreement of the other Party, invite representiatives of other bodies of the Parties or independent experts in a subject-area on an ad-hoc basis to attend its meetings in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.

5.           The Chair of the GI Sub-Committee may reduce, in consultation with the Parties, the time periods specified in paragraphs 1 and 2 in order to take account of special circumstances.

Article 10

Minutes and Operational Conclusions

1.           Draft minutes of each meeting shall be drawn up jointly by the two Secretaries.

2.           The minutes shall, as a general rule, include in respect of each item on the agenda:

(a)     the participants in the meeting, the officials accompanying them and any observer or expert who attended the meeting;

(b)     the documents submitted to the GI Sub-Committee;

(c)     the statements which the GI Sub-Committee has asked to be entered; and

(d)     if necessary, the operational conclusions of the meeting, as provided in paragraph (4).

3.           The draft minutes shall be submitted to the GI Sub-Committee for approval. They shall be approved within 28 calendar days after each GI Sub-Committee meeting. A copy shall be sent to each of the addressees referred to in Article 7 of the Rules of Procedure.

4.           Draft operational conclusions of each meeting shall be drawn up by the Secretary of the GI Sub-Committee of the Party holding the Chairmanship, and circulated to the Parties together with the agenda, normally no later than 15 calendar days before the beginning of the meeting. This draft shall be updated as the meeting proceeds so that at the end of the meeting, unless otherwise agreed, the GI Sub-Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes and their implementation shall be reviewed during any subsequent meeting of the GI Sub-Committee. To that end the GI Sub-Committee shall adopt a template, allowing for each action point to be tracked against a specific deadline.

Article 11

Decisions

1.           The GI Sub-Committee shall have the power to adopt decisions in the cases provided for in Article 306(4) of the Agreement. These decisions shall be adopted by consensus between the Parties after the completion of respective internal procedures for their adoption. They shall be binding upon the Parties, which shall take appropriate measures to implement them.

2.           Each decision shall be signed by the Chair and authenticated by the two Secretaries. Without prejudice to paragraph 4, the representatives shall sign these documents during the meeting in which the relevant decision is adopted.

3.           The GI Sub-Committee may take decisions or adopt reports by written procedure, after the completion of respective internal procedures for their adoption, 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. For this purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time limit of no less than 21 calendar days within which any reservations or amendments must be made known. The Chair of the GI Sub-Committee may reduce, in consultation with the Parties, the time periods specified in this paragraph in order to take account of special circumstances. Once the text is agreed, the decision or the report shall be signed by the Chair and authenticated by the two Secretaries.

4.           The acts of the GI Sub-Committee shall be entitled ‘Decision’ or ‘Report’ respectively. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.

5.           The decisions shall be circulated to both Parties.

6.           Each Party may decide on the publication of the decisions of the GI Sub-Committee in its respective official publication.

Article 12

Reports

The GI Sub-Committee shall report to the Association Committee meeting in Trade configuration on its activities at each regular meeting of the latter.

Article 13

Languages

1.           The working languages of the GI Sub-Committee shall be English and Romanian.

2.           Unless otherwise decided, the GI Sub-Committee shall base its deliberations on documentation prepared in these languages.

Article 14

Expenses

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

3.           Expenditure in connection with interpreting at meetings and translation of documents into or from English and Romanian as referred to in Article 13(1) of these Rules of Procedure shall be borne by the Party hosting the meeting.

Interpreting and translation into or from other languages shall be borne directly by the requesting Party.

Article 15

Amendment of Rules of Procedure

These Rules of Procedure may be amended by a decision of the GI Sub-Committee in accordance with Article 306(3) of the Agreement.