52009PC0414

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 5.8.2009

COM(2009) 414 final

Proposal for a

COUNCIL DECISION

on a Community Position concerning the Rules of Procedure of the EPA Committee provided for by the stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part

EXPLANATORY MEMORANDUM

The stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part was signed on 26 November, and its provisional application by Côte d'Ivoire is expected shortly.

Article 73 of the Agreement establishes an EPA Committee which shall be responsible for the administration of the Agreement and for the achievement of all the tasks mentioned therein.

The EPA Committee shall determine the rules governing its organisation and operation and, in light of the need to ensure the rapid start of the implementation of the Agreement, the Rules of Procedure of the EPA Committee are to be adopted at the first meeting of the EPA Committee which should take place before the end of 2009.

Proposal for a

COUNCIL DECISION

on a Community Position concerning the Rules of Procedure of the EPA Committee provided for by the stepping stone Economic Partnership Agreement between Côte d'Ivoire , of the one part, and the European Community and its Member States, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300 (2), second subparagraph thereof,

Having regard to the Council Decision on signature and provisional application of the stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part[1],

Having regard to the proposal from the Commission[2],

Whereas:

(1) The stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part, was signed on 26 November 2008.

(2) Article 73 of the said Agreement establishes an EPA Committee, which shall be responsible for the administration of the Agreement and for the achievement of all the tasks mentioned therein.

(3) Article 73 provides that the EPA Committee shall determine the rules governing its organisation and operation.

(4) The Community should determine the position to be taken with regard to the adoption of the Rules of Procedure for the EPA Committee,

HAS DECIDED AS FOLLOWS:

Sole Article

The position of the Community in view of the adoption of a decision of the EPA Committee provided for by the stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part, on its Rules of Procedure shall be based on the draft decision of the EPA Committee annexed to this Decision.

Done at Brussels,

For the Council

The President

ANNEX

DECISION No …/2009 OF THE EPA COMMITTEE set up by the stepping stone Economic Partnership Agreement between Côte d'Ivoire of the one part, and the European Community and its Member States, of the other part concerning the adoption of the Rules of Procedure of the EPA Committee

THE EPA COMMITTEE,

Having regard to the stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part (hereinafter referred to as the “Agreement”), signed in Abidjan on 26 November 2008, and in particular Article 73 thereof,

Whereas:

The Agreement provides that the EPA Committee shall determine the rules governing its organisation and operation,

HAS DECIDED AS FOLLOWS:

Article 1

The Rules of Procedure of the EPA Committee are established as set out in Annex I.

Article 2

This Decision shall enter into force on ….

Done at,

ANNEX I

RULES OF PROCEDURE OF THE EPA COMMITTEE

set up by the stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part

Article 1

Composition and Chair

1. The EPA Committee is composed, on the one hand, of representatives of the members of the Council of the European Union and of the European Commission and, on the other of representatives of Côte d'Ivoire, at ministerial or senior official level.

2. Reference to "the Parties" in the Rules of Procedure is in accordance with the definition provided for in Article 72 of the Agreement.

3. The EPA Committee shall be chaired alternately for periods of 12 months by a representative of the European Commission and by a representative of Côte d'Ivoire. The first Chair period shall begin on the date of the first meeting of the EPA Committee of the Agreement and end on 31 December of the following year. The Chair of the EPA Committee shall be held first by a representative of Côte d'Ivoire.

4. Representatives of the West African Economic and Monetary Union (WAEMU) Commission and of the Economic Community Of West African States (ECOWAS) Commission might be invited to participate in the EPA Committee meetings. The Parties may decide to invite additional observers on an ad hoc basis.

Article 2

Meetings

1. The EPA Committee shall meet at regular intervals, not exceeding a period of two years, and will hold extraordinary meetings whenever circumstances so require, if the Parties so agree.

2. Each session of the EPA Committee shall be held at a date and place agreed by both Parties.

3. The meetings of the EPA Committee shall be convened by the Secretary of the EPA Committee.

Article 3

Delegations

Before each meeting, the Chair of the EPA Committee shall be informed of the intended composition of the delegations of Côte d'Ivoire and of the EC Party.

Article 4

Secretariat

Officials of the European Commission and of Côte d'Ivoire shall act alternately for periods of twelve months as Secretary of the EPA Committee. These periods shall coincide with the holding of the Chair of the EPA Committee by respectively the EC Party and Côte d'Ivoire.

Article 5

Documents

Where the deliberations of the EPA Committee are based on written supporting documents, such documents shall be numbered and circulated as documents of the EPA Committee by the Secretary.

Article 6

Correspondence

1. All correspondence addressed to the EPA Committee shall be directed to the Secretary of the EPA Committee.

2. The Secretary shall ensure that correspondence addressed to the EPA Committee is forwarded to the Chair of the Committee and circulated, where appropriate as documents referred to in Article 5 of these Rules of Procedure, to the Parties' focal points provided for in Article 73 of the Agreement.

3. Correspondence from the Chair of the EPA Committee shall be sent to the Parties' focal points by the Secretary and circulated where appropriate as documents referred to in Article 5 of these Rules of Procedure.

Article 7

Agenda for the meetings

1. A provisional agenda for each meeting shall be drawn up by the Secretary of the EPA Committee on the basis of proposals made by the Parties. It shall be forwarded by the Secretary of the EPA Committee to Parties' focal points no later than fifteen days before the beginning of the meeting.

2. The provisional agenda shall include the items for which a request for inclusion in the agenda has been received by the Secretary no later than 21 days before the beginning of the meeting, although such items will not be included in the provisional agenda unless the relevant supporting documents have been received by the Secretary no later than the date of dispatch of the provisional agenda.

3. The agenda shall be adopted by the EPA 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 Parties so agree.

4. The Chair of the EPA Committee, in agreement with the Parties, may invite experts to attend its meetings in order to provide information on specific subjects.

5. With the agreement of the Parties, the Secretary may abridge the time limit specified in paragraph 1 in order to take account of the requirements of a particular case.

Article 8

Minutes

1. Draft minutes of each meeting shall be drawn up by the Secretary as soon as possible.

2. The minutes shall, as a general rule, summarize each item on the agenda, specifying where applicable:

(a) all documents submitted to the EPA Committee,

(b) any statement that a member of the EPA Committee has asked to be entered,

(c) the decisions taken, recommendations made, statements agreed upon and conclusions adopted on specific items.

3. The minutes shall also include a list of participants to the EPA Committee and a list of the members of the delegations accompanying them.

4. The minutes shall be approved in writing by both Parties within two months of the date of the meeting. Once approved, two copies of the minutes shall be signed by the Secretary and each of the Parties shall receive one original of these authentic documents.

Article 9

Decisions

1. The EPA Committee shall adopt decisions by consensus.

2. The EPA Committee may decide to submit any general matter of an all ACP-EC interest arising under the Agreement to the ACP-EC Council of Ministers as defined in Article 15 of the Cotonou Agreement.

3. In the period between meetings, the EPA Committee may adopt decisions by written procedure if both Parties so agree. A written procedure shall consist of an exchange of notes between the Parties.

4. Decisions of the EPA Committee shall be entitled "Decision" and followed by a serial number, the date of their adoption and a description of their subject. Each decision shall provide for the date of its entry into force.

5. Decisions adopted by the EPA Committee shall be authenticated by a representative of the European Commission on behalf of the EC Party, and by a representative of Côte d'Ivoire.

6. Decisions shall be forwarded to the Parties as documents of the EPA Committee.

Article 10

Publicity

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

2. Each Party may decide on the publication of the decisions of the EPA Committee in its respective official publication.

Article 11

Languages

1. The working language of the EPA Committee shall be the official language common to the Parties.

2. The EPA Committee shall base its deliberations and adopt decisions on documentation and proposals prepared in the language referred to in paragraph 1.

Article 12

Expenses

1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the EPA 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 the provision of interpretation services at meetings and translation of documents shall be borne by the Party hosting the meeting. Expenditure associated with the provision of interpretation services and translation of documents into or from other official languages of the European Union shall be borne by the EC Party.

LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE

1. NAME OF THE PROPOSAL:

Council Decision on a Community Position concerning the Rules of Procedure of the EPA Committee provided for by the stepping stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part.

2. BUDGET LINES:

Chapter and Article: Administrative resources of the Commission to cover interpretation and venue costs.

Amount budgeted for the year concerned: In case of unforeseen needs, resources could be drawn from the following budget lines:

20.02.01 – External trade relations, including access to the markets of non-Community countries

20.01.02.11.00.02.40 – Réunions ne comportant que les personnes de la Commission (internes)/Conférences

3. FINANCIAL IMPACT

X Proposal has no financial implications

( Proposal has no financial impact on expenditure but has a financial impact on revenue – the effect is as follows:

(€ million to one decimal place)

Budget line | Revenue[3] | 12 month period, starting dd/mm/yyyy | [Year n] |

Article … |

Article … |

Situation following action |

[n+1] | [n+2] | [n+3] | [n+4] | [n+5] |

Article … |

Article … |

4. ANTI-FRAUD MEASURES

5. OTHER REMARKS

[1] OJ L 59, 3.3.2009, p. 3.

[2] OJ

[3] Regarding traditional own resources (agricultural duties, sugar levies, customs duties) the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs