# EUR-Lex - 52014PC0729 - EN

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# 52014PC0729

**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 /* COM/2014/0729 final - 2014/0350 (NLE) */**

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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.