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Document 52023PC0513
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes, as regards the adoption of the Joint Committee’s Rules of Procedure
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes, as regards the adoption of the Joint Committee’s Rules of Procedure
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes, as regards the adoption of the Joint Committee’s Rules of Procedure
COM/2023/513 final
EUROPEAN COMMISSION
Brussels, 13.9.2023
COM(2023) 513 final
2023/0312(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes, as regards
the adoption of the Joint Committee’s Rules of Procedure
(Text with EEA relevance)
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes, as regards the adoption of the Joint Committee’s Rules of Procedure.
2.Context of the proposal
2.1.The Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes
The Agreement between the European Union, of the one part, and the Government of the Faroe Islands of the other part, on the participation of the Faroe Islands in Union programmes 1 (‘the Agreement’) aims to establish a lasting legal framework for cooperation between the Union and the Faroe Islands, providing the terms and conditions for the participation of the Faroe Islands in Union programmes or activities, as well as a mechanism facilitating the establishment of such participation in individual Union programmes or activities, such as the Horizon Europe Framework Programme for Research and Innovation (2021- 2027).
The Agreement was signed on 24 May 2022 and has been applied provisionally 2 since then.
2.2.The Joint Committee
The Joint Committee established by Article 14(1) of the Agreement is responsible for ensuring the proper implementation of the Agreement as well as discussion of and setting out possible future areas of cooperation. The Joint Committee is composed of representatives of the Parties to the Agreement. The Joint Committee’s main task is to maintain and develop the participation of the Faroese partners in the relevant Union programmes. It also serves as a forum, best placed to follow up the performance of the Faroe Islands as an associated country during their association to the relevant Union programme(s). The tasks of the Joint Committee are exhaustively listed in Article 14(1), points (a)-(g) of the Agreement and include:
–assessing, evaluating and reviewing the implementation of the Agreement and its Protocols directly or through the work of any ad hoc working party or advisory body reporting to it;
–adopting decisions, including amendments to the Agreement, adopting Protocols to the Agreement on specific terms and conditions on the participation of the Faroe Islands to Union programmes other than the already included protocol on Horizon Europe;
In accordance with Article 14(3) of the Agreement, the Joint Committee must adopt its Rules of Procedure.
The Rules of Procedure govern the modus operandi of the Joint Committee, notably the organisation of meetings (correspondence, agenda setting, etc), distribution of documents, including transparency and access to documents, recording the outcome of the Committee’s meetings, as well as other implementation-related items.
The Joint Committee’s decisions are to be adopted by consensus and are binding on the Parties to the Agreement. The Joint Committee may adopt decisions by written procedure through an exchange of notes between the co-chairs if the Parties to the Agreement so agree.
The Joint Committee shall meet at least once a year and whenever special circumstances so require, at the request of either of the Parties. Joint Committee meetings may be also organized by videoconference or by teleconference.
2.3.The envisaged act of the Joint Committee
The next Joint Committee meeting which is planned to take place in the second half of 2023, has to adopt a decision regarding the adoption of its Rules of Procedure in accordance with Article 14(3) of the Agreement. The purpose of the Rules of Procedure is to facilitate the organisation and functioning of the Joint Committee in order to ensure the appropriate implementation of the Agreement.
3.Position to be taken on behalf of the Union
The position to be adopted on behalf of the Union should be to support the draft decision of the Joint Committee adopting the Rules of Procedure of the Joint Committee set up under Article 14(1) of the Agreement between the European Union and the Government of the Faroe Islands on the participation of the Faroe Islands in Union programmes, as attached to the draft Decision of the Joint Committee.
In order to ensure the proper functioning of the Joint Committee, it is crucial for it to operate according to agreed Rules of Procedure.
Whilst there is no specific date set in the Agreement for the adoption of the Rules of Procedure, it is advisable to adopt them at the second Joint Committee under Horizon Europe with the Faroe Islands planned in the second half of 2023.
To date, the Joint Committee under the Agreement has only convened in relation to the Horizon Europe programme. Should the Faroe Islands become associated to other Union programmes in the future by means of new Protocols adopted by the Joint Committee in accordance with Article 14(1), point (f) of the Agreement, the Joint Committee should serve as a consultative forum in those programme associations as well.
The present Rules of Procedure would be applicable to any such future associations.
The adoption of the Rules of Procedure of the Joint Committee would secure the functioning of the Joint Committee under the current Multiannual Financial Framework (MFF) and future ones.
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 3 .
4.1.2.Application to the present case
The Joint Committee is a body set up by an agreement, namely the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes.
The act that the Joint Committee is called upon to adopt has legal effects as the Rules of Procedure of the Joint Committee shall be binding under international law in accordance with Article 14(1), (2), (3) and (5) of the Agreement.
The envisaged act is not devised to supplement or amend the institutional framework of the Agreement. Consequently, Article 218(9) TFEU constitutes the procedural legal basis for the proposed decision.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component. 4
4.2.2.Application to the present case
The envisaged act pursues objectives and has components in the area of the Union’s external action (Article 212 TFEU – economic, financial and technical cooperation with third countries) covering potential future cooperation with the Faroe Islands across Union programmes under the lasting framework of the agreement as well as in the Union’s external action for research policy.
4.3.Conclusion
The legal bases of the proposed decision should be Article 212 TFEU in conjunction with Article 218(9) TFEU.
5.Publication of the envisaged act
It is appropriate to publish the decision of the Joint Committee in the Official Journal of the European Union after its adoption.
2023/0312 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes, as regards
the adoption of the Joint Committee’s Rules of Procedure
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes 5 (‘the Agreement’) was signed by the Union and provisionally applied from 24 May 2022 in accordance with Council Decision (EU) 2022/886 6 .
(2)Article 14(1) of the Agreement establishes a committee, composed of representatives of the Parties (‘the Joint Committee’), to ensure the administration and proper implementation of the Agreement.
(3)Article 14(3) of the Agreement provides that the Joint Committee is to adopt its Rules of Procedure.
(4)At its second meeting to be held in the second half of 2023, the Joint Committee is expected to adopt a decision adopting its Rules of Procedure.
(5)It is therefore appropriate to establish the position to be taken on behalf of the Union in the Joint Committee on the basis of the attached draft decision of the Joint Committee on its Rules of Procedure in order to ensure the effective implementation of the Agreement,
HAS ADOPTED THIS DECISION:
Article 1
(1)The position to be adopted on behalf the Union in the second meeting of the Joint Committee established by Article 14(1) of the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes (‘the Agreement’), shall be based on the draft Decision of the Joint Committee attached to this Decision.
(2)The representatives of the Union in the Joint Committee may agree upon minor technical corrections to the Rules of Procedure attached to this Decision without a further decision of the Council where these changes prove indispensable to enable the Joint Committee to adopt its Rules of Procedure.
Article 2
This Decision shall enter into force on the date of its adoption.
Article 3
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 13.9.2023
COM(2023) 513 final
ANNEX
to the proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes, as regards
the adoption of the Joint Committee’s Rules of Procedure
DRAFT
DECISION OF THE JOINT COMMITTEE
No …/…
of [date]
adopting the Rules of Procedure of the Joint Committee in accordance with Article 14(3) of the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes ( hereinafter ‘the Agreement’) and in particular its Article 14(3) thereof,
Whereas:
(1)In accordance with Article 15(2) of the Agreement, the Agreement has been applied provisionally since 24 May 2022 following notification by the Faroe Islands of the completion of its internal procedures necessary for that purpose,
(2)Pursuant to Article 14(3) of the Agreement, the Joint Committee is to adopt its Rules of Procedure, as set out in the Annex to this Decision, in order to ensure the effective and proper implementation of the Agreement,
HAS ADOPTED THIS DECISION:
Article 1
The Rules of Procedure of the Joint Committee in accordance with Article 14(3) of the Agreement as set out in the Annex to this Decision, are hereby adopted.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at …,
For the Joint Committee
The Co-Chairs
Annex
Rules of Procedure
of
the Joint Committee in accordance with Article 14(3) of the Agreement between the European Union, of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes
Rule 1
Tasks
The Joint Committee established under Article 14(1) of the Agreement between the European Union (hereinafter referred to as ‘the Union’), of the one part, and the Government of the Faroe Islands, of the other part, on the participation of the Faroe Islands in Union programmes (hereinafter referred to as ‘the Agreement’), shall perform the tasks and duties referred to in Article 14(1) of the Agreement.
Rule 2
Composition and Chair
(1)The Joint Committee shall be composed of representatives of the Union and the Faroe Islands.
(2)The Joint Committee is co-chaired by senior officials or their designees acting as representatives of the European Union and the Faroe Islands, respectively.
(3)The Union and the Faroe Islands shall notify each other of the name, position and contact details of the official who is the co-chair of the Joint Committee for the Union and the Faroe Islands, respectively. This official is deemed to continue acting as the co-chair for the Union and for the Faroe Islands, respectively, until the date either the Union or the Faroe Islands has notified the other Party of a new co-chair.
(4)A co-chair is deemed to have the authorisation for representing, respectively, the Union and the Faroe Islands until the date a new co-chair has been notified to the other Party.
Rule 3
Secretariat
(1)The Secretariat of the Joint Committee (the ‘Secretariat’) shall be composed of an official of the Union and an official of the Faroe Islands. The Secretariat shall perform the tasks conferred on it by these Rules of Procedure.
(2)The Union and the Faroe Islands shall notify each other of the name, position and contact details of the official who is the member of the Secretariat of the Joint Committee for the Union and the Faroe Islands, respectively. This official is deemed to continue acting as a member of the Secretariat for the Union and for the Faroe Islands, respectively, until the date either the Union or the Faroe Islands has notified a new official.
Rule 4
Meetings
(1)The Joint Committee shall meet at least once a year, and, whenever special circumstances so require, at the request of either of the Parties.
(2)It shall meet, in principle, alternately in Brussels and in the Faroe Islands unless the co-chairs decide otherwise. Meetings may also be held by videoconference or teleconference, if so agreed by the co-chairs.
(3)In between its meetings, the Joint Committee shall work on an on-going basis by any means of communication, in particular through exchange of e-mails.
Rule 5
Participation in meetings
(1)At a reasonable period of time in advance of each meeting, the Union and the Faroe Islands shall inform each other through the Secretariat of the intended composition of their respective delegations and shall specify the name and function of each member of the delegation.
(2)Where appropriate and by mutual agreement, the co-chairs may invite experts (i.e. non-government officials) to attend meetings of the Joint Committee in order to provide information on a specific subject and for the parts of the meeting where such specific subjects are discussed.
(3)The representative of the Party organizing and hosting the meeting, after having obtained approval of the other Party, fixes the date and the place of the meeting.
Rule 6
Documents
Written documents on which the deliberations of the Joint Committee are based shall be numbered and circulated to the Union and the Faroe Islands by the Secretariat.
Rule 7
Correspondence
(1)The Union and the Faroe Islands shall send their correspondence addressed to the Joint Committee via the Secretariat. Such correspondence may be sent in any form of written communication, including through e-mails.
(2)The Secretariat shall ensure that the correspondence addressed to the Joint Committee is delivered to the co-chairs and is circulated, where appropriate, in accordance with Rule 6.
(3)All correspondence from, or addressed directly to, the co-chairs shall be forwarded to the Secretariat and shall be circulated, where appropriate, in accordance with Rule 6.
Rule 8
Agenda
(1)For each meeting, a draft provisional agenda shall be drawn up by the Secretariat. To that end, at least four weeks before the date of the meeting, the first draft of a provisional agenda together with the documents related to each item appearing thereon shall be prepared by the official acting as the member of the Secretariat of the Party hosting the meeting and transmitted for comments to the member of the Secretariat of the other Party. Once prepared by the Secretariat, the draft provisional agenda, together with any relevant documents, shall be transmitted to the co-chairs for approval no later than 10 days before the date of the meeting.
(2)The provisional agenda shall include those items, which have been requested by the Parties. Any such request, together with any relevant documents, shall be submitted to the Secretariat no later than 15 days before the beginning of the meeting.
(3)In exceptional cases, the co-chairs may agree to reduce the periods provided for in paragraphs 1 and 2 above.
(4)The Joint Committee shall at the beginning of each meeting adopt its agenda.
(5)Points that do not appear on the draft agenda, can be added, and other points of the draft agenda can be deleted, deferred or amended at the meeting, provided that the two Parties agree.
Rule 9
Transparency and access to documents
(1)The meetings of the Joint Committee shall not be public, unless otherwise decided by the co-chairs.
(2)Each Party may decide on the publication of the decisions of the Joint Committee in its respective Official Journal or online, after prior consultation with the other Party.
(3)If the Union or the Faroe Islands submits to the Joint Committee information that is confidential or protected from disclosure under its relevant laws and regulations, the other Party shall treat that information received as confidential.
(4)Each Party shall handle requests for access to the Joint Committee documents in accordance with its relevant laws and regulations.
(5)If the European Commission submits to the Joint Committee information that is confidential or protected from disclosure under its relevant information security legislation 1 , the Faroe Islands shall ensure for the received information a comparable level of confidentiality and protection. If the Faroe Islands submit to the Joint Committee information that is confidential or protected from disclosure under their relevant laws and regulations, the European Commission shall treat the information received as confidential.
Rule 10
Minutes
(1)Minutes shall be taken of all meetings of the Joint Committee.
(2)Draft minutes of each meeting shall be drawn up by the official acting as member of the Secretariat of the Party hosting the meeting, within 15 days from the end of the meeting, unless otherwise decided by the co-chairs. The draft minutes shall be transmitted for comments to the member of the Secretariat of the other Party. The latter may submit comments within 30 days from the date of receipt of the draft minutes.
(3)The minutes shall summarise each item on the agenda, specifying where applicable:
(a)the documents submitted to the Joint Committee;
(b)any statement that one of the Parties requested to be entered in the minutes; and
(c)the decisions adopted, statements decided upon and operational conclusions adopted on specific items.
(4)The minutes shall include an attendance list with names, titles and capacity of all participants to the meeting.
(5)The minutes shall be approved and signed by the co-chairs within two months following the meeting or by any other date decided by the co-chairs. The co-chairs may agree that signing and exchanging electronic copies satisfies the latter requirement. The authentic version of the minutes shall be preserved in the files of each Party.
(6)Within two working days following the Joint Committee meeting, the Secretariat of the Joint Committee shall also prepare a summary of the minutes for approval by the co-chairs as soon as practicable. Once the co-chairs of the Joint Committee have approved the text of the summary, the Parties may make public the summary of the minutes.
Rule 11
Decisions
(1)Where so provided under Article 14 of the Agreement, the Joint Committee shall take decisions by consensus. The Secretariat shall record any decision under a serial number and with a reference to the date of its adoption.
(2)The Joint Committee may take decisions by written procedure through an exchange of notes between the co-chairs if the Parties to the Agreement so agree. The text of a draft decision shall be presented in writing by one co-chair to the other co-chair in the official language of the Joint Committee, in accordance with Rule 14. The other Party shall have one month, or any longer period of time specified by the proposing Party, to express its agreement to the draft decision. If the other Party does not express its agreement, the proposed decision shall be discussed and may be adopted at the next meeting of the Joint Committee. The draft decision shall be deemed to be adopted once the other Party expresses its agreement and shall be recorded in the minutes of the next meeting of the Joint Committee.
(3)Each decision shall be signed by the co-chairs of the Joint Committee. The co-chairs may agree that signing and exchanging electronic copies satisfies the requirement for signature.
(4)Decisions adopted by the Joint Committee shall specify the date on which they take effect.
Rule 12
Protection of personal data
The publication of documents referred to in Rules 9, 10 and 11 shall be made in compliance with both Parties’ applicable data protection rules, including the protection of personal data.
Rule 13
Working parties/advisory bodies
(1)In accordance with Article 14(4) of the Agreement, the Joint Committee may decide to establish or dissolve a working party/advisory body at expert level. The Joint Committee shall determine the composition and duties of each working party/advisory body and may amend them as needed.
(2)The working party/advisory body shall contribute to the work of the Joint Committee and assist it in the performance of its tasks, including – if so tasked by the Joint Committee – by preparing reports or draft decisions for the approval of the Joint Committee.
(3)The working party/advisory body shall meet as necessary for the performance of its tasks and shall report to the Joint Committee.
(4)The establishment and functioning of a working party/advisory shall not prevent the Parties from bringing any matter directly to the Joint Committee.
(5)The Rules of Procedure of the Joint Committee shall apply mutatis mutandis to the working parties/advisory bodies established by the Joint Committee.
Rule 14
Languages
(1)The official and working language of the Joint Committee shall be English.
(2)The deliberations of the Joint Committee shall take place in English. The agenda of the meeting, the documents submitted to the Joint Committee and the minutes of the meeting shall be drafted in English.
(3)The Joint Committee shall adopt its Decisions in English.
Rule 15
Expenses
Each Party shall meet the expenses it incurs for the participation in the meetings of the Joint Committee and the established working parties/advisory bodies.
Expenses in relation to the organisation of meetings shall be borne by the Party that hosts the meeting.
Rule 16
Amendments to the Rules
These rules of procedure may be amended by mutual agreement of the Parties, in accordance with Rule 11.
Done at, …
For the Joint Committee
The Co-Chairs
