52016PC0280

EUROPEAN COMMISSION

Brussels, 23.5.2016

COM(2016) 280 final

2016/0146(NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, of the other part, concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure

EXPLANATORY MEMORANDUM

The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, has entered into force on 1 April 2016.

The Stabilisation and Association Council established by Article 126 of the said Agreement supervises the implementation of the Agreement and examines any major issues arising within its framework and any other bilateral or international issues of mutual interest.

As provided in Article 127 of the Stabilisation and Association Agreement, the Stabilisation and Association Council shall establish its rules of procedure. In conformity with Article 129 of the Agreement, these rules of procedure determine the duties of the Stabilisation and Association Committee, which shall assist the Stabilisation and Association Council in the performance of its duties.

In accordance with Article 218 (9) of the TFEU, the position to be taken by the Union in the Stabilisation and Association Council concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure shall be established by a decision of the Council, acting on a proposal from the Commission.

The Council is therefore invited to adopt the attached proposal for a Decision on the European Union's position concerning a Decision of the Stabilisation and Association Council on its rules of procedure.

For the information of the Council, the draft rules of procedure of the relevant sub-Committees and special groups are provided in a separate document.

2016/0146 (NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo 1*, of the other part, concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218, paragraph 9 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)Article 126 of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, of the other part (’theAgreement’), establishes a Stabilisation and Association Council.

(2)Article 127 (2) of the Agreement provides that the Stabilisation and Association Council is to adopt its own rules of procedure.

(3)Article 129 (1) of the Agreement provides that the Stabilisation and Association Council is to be assisted by a Stabilisation and Association Committee (‘the Committee’).

(4)Article 129 (2) and (3) of the Agreement provides that the Stabilisation and Association Council is to, in its rules of procedure, determine the duties of the Committee and that the Stabilisation and Association Council may delegate any of its powers to the Committee.

(5)Article 131 of the Agreement provides that the Stabilisation and Association Council may decide to set up other special committees or bodies that can assist it in carrying out its duties. It further provides that the Stabilisation and Association Council is to, in its rules of procedure, determine the composition and the duties of such committees and bodies and how they are to function,

HAS ADOPTED THIS DECISION:

Article 1

The European Union shall, within the Stabilisation and Association Council established by Article 126 of the Agreement, take the position to support the adoption of the rules of procedures, based on the draft Decision of the Stabilisation and Association Council, annexed to this Decision.

Minor amendments to this draft Decision may be accepted without further decision by the Council.

Article 2

The Member States shall form part of the delegation of the European Union to the meetings of the Stabilisation and Association Council. In view of Article 3 of the rules of procedure, Member States shall provide the High Representative of the Union for Foreigh Affairs and Security Policy, Vice-President of the Commission, with the necessary information to that effect.

Done at Brussels,

For the Council

The President

(1) *This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

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EUROPEAN COMMISSION

Brussels, 23.5.2016

COM(2016) 280 final

ANNEX

to the

PROPOSAL FOR A COUNCIL DECISION

Decision No 1 of the EU – Kosovo* Stabilisation and Association Council of [date] adopting its rules of procedure

THE Stabilisation and Association COUNCIL,

Having regard to the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, (‘the Agreement’) of the other part, and in particular Articles 126, 127, 129 and 131 thereof,

Whereas that Agreement entered into force on 1 April 2016,

HAS DECIDED AS FOLLOWS:

Article 1

Chairmanship

The Parties shall hold the chairmanship of the Stabilisation and Association Council alternately for a period of 12 months. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December of the same year.

Article 2

Meetings

The Stabilisation and Association Council shall meet at high political level once a year. Special sessions of the Stabilisation and Association Council may be held at the request of either Party, if the Parties so agree. Unless otherwise agreed by the Parties, each session of the Stabilisation and Association Council shall be held in Brussels. Meetings of the Stabilisation and Association Council shall be jointly convened by the Secretaries of the Stabilisation and Association Council in agreement with the Chair.

Article 3

Delegations

Before each meeting, the Chair shall be informed of the intended composition of the delegation of each Party. A representative of the European Investment Bank shall attend the meetings of the Stabilisation and Association Council, as an observer, when matters which concern the Bank appear on the agenda. The Stabilisation and Association Council may also invite other persons to attend its meetings in order to provide information on particular subjects.

Article 4

Secretariat

An official of the General Secretariat of the Council of the European Union and an official of the representation of Kosovo in Belgium shall act jointly as Secretaries of the Stabilisation and Association Council.

Article 5

Correspondence

Correspondence addressed to the Stabilisation and Association Council shall be sent to the Chair of the Stabilisation and Association Council at the address of the General Secretariat of the Council of the European Union.

The two Secretaries shall ensure that correspondence is forwarded to the Chair of the Stabilisation and Association Council and, where appropriate, circulated to other members of the Stabilisation and Association Council. Correspondence circulated shall be sent to the Secretariat-General of the Commission, the European External Action Service and the representation of Kosovo in Belgium.

Communications from the Chair of the Stabilisation and Association Council shall be sent to the addressees by the two Secretaries and circulated, where appropriate, to the other members of the Stabilisation and Association Council referred to in the second paragraph.

Article 6

Publicity

Unless otherwise decided, the meetings of the Stabilisation and Association Council shall not be public.

Article 7

Agendas for meetings

1.The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Stabilisation and Association Council to the addressees referred to in Article 5 not later than 15 days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion on the agenda not later than 21 days before the beginning of the meeting, although 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 despatch of the agenda. The agenda shall be adopted by the Stabilisation and Association Council 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.

2.The Chair may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case.

Article 8

Minutes

Draft minutes of each meeting shall be drawn up 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 Stabilisation and Association Council,

–statements requested for entry by a member of the Stabilisation and Association Council,

–the decisions taken and recommendations made, the statements agreed upon and the conclusions adopted.

The draft minutes shall be submitted to the Stabilisation and Association Council for approval. When approved, the minutes shall be signed by the Chair and the two Secretaries. The minutes shall be filed in the archives of the General Secretariat of the Council of the European Union, which will act as a depository of the documents of the Association. . A certified copy shall be forwarded to each of the addressees referred to in Article 5.

Article 9

Decisions and recommendations

1.The Stabilisation and Association Council shall take its decisions and make recommendations by common agreement of the Parties, without prejudice to Article 5 of the Agreement. The Stabilisation and Association Council may take decisions or make recommendations by written procedure if both Parties so agree.

2.The decisions and recommendations of the Stabilisation and Association Council, within the meaning of Article 128 of the Agreement, shall be entitled respectively "Decision" and "Recommendation" followed by a serial number, by the date of their adoption and by a description of their subject matter. The decisions and recommendations of the Stabilisation and Association Council shall be signed by the Chair and authenticated by the two Secretaries. Decisions and recommendations shall be forwarded to each of the addressees referred to in Article 5. Each Party may decide on the publication of decisions and recommendations of the Stabilisation and Association Council in its respective official publication.

Article 10

Languages

The official languages of the Stabilisation and Association Council shall be the authentic languages of the Stabilisation and Association Agreement. Unless otherwise decided, the Stabilisation and Association Council shall base its deliberations on documentation drawn up in these languages.

Article 11

Expenses

The European Union and Kosovo shall each defray the expenses they incur by reason of their participation in the meetings of the Stabilisation and Association Council, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents as well as other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.

Article 12

Stabilisation and Association Committee

1.A Stabilisation and Association Committee (‘the Committee’) is hereby established in order to assist the Stabilisation and Association Council in carrying out its duties. It shall be composed of representatives of the EU, on the one hand, and of Kosovo on the other, normally at senior civil servant level.

2.The Committee shall prepare the meetings and the deliberations of the Stabilisation and Association Council, implement the decisions of the Stabilisation and Association Council where appropriate and, in general, ensure continuity of the association relationship and the proper functioning of the Agreement. It shall consider any matter referred to it by the Stabilisation and Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the Stabilisation and Association Agreement. It shall submit proposals or any draft decisions/recommendations for adoption to the Stabilisation and Association Council.

3.In cases where the Agreement refers to an obligation to consult or a possibility of consultation, such consultation may take place within the Committee. The consultation may continue in the Stabilisation and Association Council if the two Parties so agree.

4.The rules of procedure of the Stabilisation and Association Committee are annexed to this Decision.

Done at

For the Stabilisation and Association Council

The Chair

ANNEX I
to
Decision No 1 of the EU – Kosovo* Stabilisation and Association Council of [date]

Rules of Procedure of the Stabilisation and Association Committee

Article 1

Chairmanship

The Parties shall hold the chairmanship of the Committee alternately for a period of 12 months. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December of the same year.

Article 2

Meetings

The Committee shall meet when circumstances require, with the agreement of both Parties. Each meeting of the Committee shall be held at a time and place agreed by both Parties. Meetings of the Committee shall be convened by the Chair.

Article 3

Delegations

Before each meeting, the Chair shall be informed of the intended composition of the delegation of each Party.

Article 4

Secretariat

An official of the European Commission and an official of Kosovo shall act jointly as Secretaries of the Committee. All communications to and from the Chair of the Committee provided for in this Decision shall be forwarded to the Secretaries of the Committee and to the Secretaries and the Chair of the Stabilisation and Association Council.

Article 5

Publicity

Unless otherwise decided, the meetings of the Committee shall not be public.

Article 6

Agendas for meetings

1. The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Committee to the addressees referred to in Article 4 not later than 30 working days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion on the agenda not later than 35 working days before the beginning of the meeting, although 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 Committee may ask experts to attend its meetings in order to provide information on particular subjects. The agenda shall be adopted by the 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.

2. The Chair may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case.

Article 7

Minutes

Minutes shall be taken for each meeting and shall be based on a summing up by the Chair of the conclusions arrived at by the Stabilisation and Association Committee. When approved by the Stabilisation and Association Committee, the minutes shall be signed by the Chair and by the Secretaries and 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

Decisions and recommendations

In the specific cases where the Committee is empowered by the Stabilisation and Association Council under Article 128 of the Agreement to take decisions or make recommendations, these acts shall be made in accordance with Article 9 of the Rules of Procedure of the Stabilisation and Association Council.

Article 9

Expenses

The European Union and Kosovo shall each defray the expenses they incur by reason of their participation in the meetings of the Committee, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents as well as other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.

Article 10

Subcommittees and special groups

The Committee may create subcommittees and special groups to work under its authority . They shall report to the Committee after each of their meetings. The Committee may decide to abolish any existing subcommittees or groups, lay down or modify their terms of reference or set up further subcommittees or groups to assist it in carrying out its duties. These subcommittees and groups shall not have any decision-making powers.

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EUROPEAN COMMISSION

Brussels, 23.5.2016

COM(2016) 280 final

ANNEX

to the

PROPOSAL FOR A COUNCIL DECISION

establishing the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo* , of the other part, concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure

For the information of the Council only

DRAFT

Decision N° 1/2016 of the EU – Kosovo* Stabilisation and Association Committee of [day month] 2016 creating subcommittees and special groups

THE Stabilisation and Association committee,

Having regard to the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo*, of the other part, and in particular Article 130 thereof,

Having regard to its rules of procedure, and in particular Article 10 thereof,

HAS DECIDED AS FOLLOWS:

Sole Article

The subcommittees and special groups listed in Annex I are hereby created. Their terms of reference are set out in Annex II.

Done at …………., on [day month] 2016.

For the Stabilisation and Association Committee

The Chair

Annex I

Multidisciplinary Subcommittee Structure

Title		Issues	SAA Article
1. Trade, Industry, Customs and Taxation		Free Movement of Goods	Art. 20
		Industrial Products	Art. 21-25
		Commercial questions	Art. 36-49
		Standardisation, metrology, accreditation, certification, conformity assessment, and market surveillance	Art. 80
		Industrial co-operation	Art. 99
		SMEs	Art. 100
		Tourism	Art. 101
		Customs	Art. 104
		Taxation	Art. 105
		Rules of origin	Protocol III
		Administrative assistance in customs matters	Protocol IV
2. Agriculture and Fisheries		Agricultural products	Art. 26, 28, 29, 33, 34 and 37
		Fisheries products	Art. 31 and 32, Annexes IV & V
		Processed agricultural products	Art. 27, Protocol I
		Wine	Art. 30 and Protocol II
		Protection of geographical indications for agricultural and fishery products and foodstuffs other than wine and spirits	Art. 35
		Agriculture and the agro-industrial sector, veterinary and phytosanitary matters	Art. 102
		Fisheries co-operation	Art. 103
3. Internal Market and Competition		Right of establishment	Art. 50-54
		Supply of services	Art. 55-60
		Other questions related to Title V of the SAA	Art. 61-73
		Approximation of legislation and law enforcement	Art. 74
		Competition	Art. 75-76
		Intellectual, industrial and commercial property	Art. 77-78
		Public procurement	Art. 79
		Banking, insurance and other financial services	Art. 96
		Consumer protection	Art. 81
4. Economic and financial issues and statistics		Current payments and movement of capital	Art. 64-66
		Economic policy	Art. 94
		Statistical co-operation	Art. 95
		Investment promotion and protection	Art. 98
		Financial co-operation	Art. 121-125
5. Justice, freedom and security		Reinforcement of institutions and rule of law	Art. 83
		Fundamental rights, including anti-discrimination and data protection	Art. 4, Art. 83
		Judicial cooperation in civil and criminal matters	Art. 84
		Visa, border control, asylum and migration	Art. 85-86
		Prevention and control of illegal immigration, readmission	Art. 87-88
		Money laundering	Art. 89
		Drugs	Art. 90
		Combating terrorism	Art. 92
		Preventing organised crime and other illegal activities	Art. 91
6. Innovation, information society, and social policy
	Working conditions and equal opportunities	Art. 82
	Social co-operation	Art. 106
	Education and training	Art. 107
	Cultural co-operation	Art. 108
	Information and communication	Art. 105
	Co-operation in the audio-visual field	Art. 109
	Information society	Art. 110
	Electronic communications networks and services	Art. 111
	Information and communication	Art. 112
	Research and technological development	Art. 118
7. Transport, energy, environment, and regional development	Transport	Art. 113
	Energy	Art. 114
	Environment	Art. 115
	Climate change	Art. 116
	Civil protection	Art. 117
	Regional and local development	Art. 119

Structure of the Special groups

Title	Issues	SAA Article
Special Group for reform of public administration	Public administration reform	Art. 120
Special Group on normalisation	Visible and sustainable improvement of Kosovo's relations with Serbia, and effective cooperation with the EU's CSDP mission while in place	Art. 5

Annex II

Terms of Reference of the EU – Kosovo* Subcommittees and Special Groups

Composition and Chair

The subcommittees and the special groups on public administration reform (PAR) and on normalisation shall be composed of representatives of the European Commission, the European External Action Service in the case of the special group on normalisation, and representatives of Kosovo. They shall be chaired alternately by the two parties. The Member States will be informed and invited to the meetings of the subcommittees and the special group on PAR and normalisation.

Secretariat

An official of the European Commission, or of the European External Action Service in the case of the special group on normalisation, and an official of Kosovo shall act jointly as secretaries of each of the subcommittees and the special groups.

All communications concerning the subcommittees and special groups shall be forwarded to the secretaries of the relevant subcommittee and of the special groups.

Meetings

The subcommittees and the special groups shall meet whenever circumstances require, with the agreement of both Parties. Each meeting of a subcommittee or special group shall be held at a time and place agreed by both Parties.

If both Parties agree, the subcommittees and the special groups may invite experts to their meetings to provide the specific information requested.

Agenda and supporting documentation

The Chair and the secretaries shall draw up a provisional agenda for each meeting not later than 30 working days before the beginning of the meeting.

The provisional agenda shall include items in respect of which a request for inclusion has been received by the secretaries not later than 35 working days before the beginning of the meeting.

Following the agreement of the provisional agenda for each meeting and not later than 10 working days before the beginning of the meeting the secretary on behalf of Kosovo shall submit to the secretary on behalf of the European Commission, or the European External Action Service in the case of the special group on normalisation, the necessary written documentation following the items agreed in the provisional agenda.

In case the deadline mentioned in paragraph 3 is not respected, the meeting shall be automatically cancelled without further notice.

Subject matters

The subcommittees shall discuss issues related to the areas of the Agreement as listed in the multidisciplinary subcommittee structure. Progress regarding the approximation, implementation and enforcement of legislation shall be assessed under all subject matters. The subcommittees shall examine any problems that may arise in their relevant sectors and shall suggest possible steps to be taken.

The subcommittees shall also serve as fora for the further clarification of the acquis and shall review progress made by Kosovo in conforming to the acquis in line with commitments taken under the Agreement.

The special group on PAR shall discuss issues related to public administration reform and suggest possible steps to be taken. The special group on normalisation shall discuss issues related to the visible and sustainable improvement of Kosovo's relations with Serbia, and effective cooperation with the EU's Common Security and Defence Policy mission while in place, and suggest possible steps to be taken.

Minutes

Minutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the secretary of the subcommittee or the special group to the Secretary of the Committee.

Publicity

Unless otherwise decided, the meetings of the subcommittees and the special groups shall not be public.

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